The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-10

ters Of contract and actions for the recovery OF
fines and forfeitures, where the amount Calm
ell does not exceed ninety-nine dollars; and IN
cases Of actions eI delcto, where the damages
claimed Go not exceed ninety-nine dollars; and
prosecutions for assault and battery, and other
penal offences less than felony, punishable by
fiue not exceeding nlnety-nine dollars. They
may also sit as examining courts. and commit,
DISCHARGE or recognize (exceptin capital casey
persons charged with offences. They shall also
have power to bind over to keep the peace, or
for good behavior. For lhe foregoing purpos-
es they shall have power to issue all necessary
processes.
". The Governor of the State is hereby au-
thoIiZed and empowered, upon such evidence
as may to him be satisfactory, 10 summarily
remove any Magistrate Of this State.
Y. Either party to O suit betor Magistrate
shall be entitltd d to trial by jury.
vi. In civil cases the party may agrec on q
jury, but when they do not agree, and also in
criminal causes, jury shall be selected IN the
officer appointed by the Magistrate shall write
aud fold up eighteen ballots, each containing
the name Of arespectable voter of the vicinity;
he shall oliver the ballots to the Magistrate,
who shall put them in n box and shake them
together, and the officer shall draw ont one,
and the person so drawn shall be one OF the
jury, unless challenged by either party; and
Tue oulcer suau tHuS pIoCecu uutl ue SHull
have drawn SIX, who shall not be challenged;
but if the first twelve shall be challenged, and
the parties do not agree to choice, the last six
shall be the jury; and whenever any Of the six
jurors 80 drawn cannot be had, or are dsquall-
fed by law to act IN such case and the parties
do not supply the vacancy by agreane the
officer shall proceed to prepare, IN the manner
before directed, ballots for three times tue num-
ber thus deficient, which shall be disposed of
and drawn as above provided.
VII. II any juror so summoned shall neglect
or refuse to appear in obedience to such We
nire, AMI shall not, within forty-eight hours,
render to the Magistrate who issued the ve-
nlre q sufficient reason for his delinquency, he
shall forfeit and pay fine OF Gwo dollars to the
treasury Of the county where the cause is tried,
to be assessed by such magistrate, and collect
cd on his warrant without other process.
VIII. An appeal from the Judgment of the
magistrate to the next stated term OF the Cir
cult Court in the count where the judgment
is rendered may be taken by either party, if
claimed within two hours after the rendition
thereof
TX. In criminal cases, the party appealing
shall, at the time Of the appeal, give security
by way of recognizance to the Treasurer Of the
County where the offence is charged to have
been committed, if the prosecution be on COM
plant OF an informing officer; il otherwise, to
the prosecutor. conditioned that the appellant
sh Il personally appear before SAID Circuit
Court, and there prosecute his appeal to effect,
and abide the order of the Court thereon.
X. In civil cases, the party appealing thal,
at the time OF the appeal. give security by way
of recognizance to the adverse party that the
appellant shall prosecute his appeal to effect,
aud answer aud pay all intervening damages
occasioned by delay to the appellee, with add:-
tlonal cost, il judgment be affirmed.
XI. The appellant shall produce and enter
in the court to which the appeal is taken at
tested copies Of the original writ, process, re-
cord Of Judgment and all evidence filed in the
court from which the appeal was allowed. In
the Circuit Court the cause shall be heard de
nouo. as if no trial had been had.
XII. The fee Of each juror for trying an ac-
tiop shall be twenty-five cents, to be advanced
by the party praying for jury before yenire
shall issue.
XIII. This act shall take effect Immediately,
and all acts or parts OF acts inconsistent here.
with are repealed.
In the Senate House, the twenty-fourth day
of September, in the year of our Lord one
thousand eight hundred and sixtY-eight.
L. BOOZER,
President Of the Senate.
FRANKLIN J. MOSES, JR.,
Speaker House of Representatives.
Approved: ROBERT Z. SooTr, Governor.