The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-01-30
IMPORTANT ORDER. Gen. Candy


on Monday, issued the following
order, which explains itself:
I. 1t having been represented TINT,
owing to certain inf0rmalitics and
Noncompliance with certain regula.
tions prescribed by the laws of the
State, and by military orders, for
drawing juries in South Carolina,
such drawings have, in some cases,
been rendered irregular and invalid,
it is ordered:
l. That juries heretofore drawn,
or which, previous to the regular
spring terms of the Circuit Courts
now approaching. may be drawn for
Circuit Oh District Court, in any
Judicial District of South Carolina,
whether the provisions of General
Orders No. 80, or No. 80, or No. 100,
of the year 1867, from these Head
quarters, were regarded in the pre-
paration of the list from which any
drawing was made or may be made,
and whether such drawing was, or
may be, Mt Il regular term of any
court, or at an extra court, or by the
clerk OF court and the sheriff of
District In the presence of magis-
trate, and whether such extra court
or drawing by the officers of any
court was ordered by the Governor of
the State, any Judge, Circuit Court,
or Court of Appeals, are hereby le-
galized; and the right of challenge rs
given by the said General Orders No.
80, and the necessary drawing of
tales, are hereby preserved as hereto
fore.
2. at the next spring terms of the
Circuit and District Courts, respect
lively, and whensoever thereafter new
jury lists are to be made for any Dis
trict, jury lists shall be prepared for
the list of all male citizens therein
who shall have paid taxes within the
twelve months next preceding; and
challenges shall be allowed in con-
formity with General Orders No. SO.
3. Upon the return of the venires,
the presiding Judge of the court
shall be authorized, at the empancl-
ling of juries so drawn, to set aside
any juror for personal unfitness by
reason of intellectual or moral dis
qualifications; provided, that race,
color or former condition of scrvi-
tude shall not of itself be a ground
of exclusion.
IL. The Court of Common Pleas
and General Sessions in South Caro-
lima, are hereby invested with con-
current jurisdiction with the District
Courts, OF all cases and matters of
which the District Courts have juris-
diction under the Constitution and
laws of the State.
III. The provisions of the Act of
General Assembly of the State of
South Carolina, entitled "An Act to
amend the law in relation to ten
ants" approved December 10, 1866,
shall be construed to extend and ap-
ply to all cases of tcnancies, whether
at will or for term limited by the
Act OF the parties, or by operation of
law, and whether such tennncies were
created by parol or by written leases
or contracts of letting, wherever rent
shall be due and in arrears, or wher-
ever the tenant shall hold over after
the cessation of his right of occu-
pancy. Whenever application is
huio 10 IL magistrate TO remove n
tenant for any cause within the in
tent OF said Act, rs hereby construed,
1t shall be the duty of such magis-
trate, and of the sheriff or constable,
to proceed under the Act herein re-
cited, and to charge no greater fees
than those therein prescribed.
IV. In no criminal case where
there Is appeal from any other court
to the Court of Appeals, shall it be
necessary for the accused to appear
in person before the Court Of AID.
peals, but in q case of capital felony,
the Conrt of Appeals, at its discre
ton, with regard to expediency as to
the time and place of sentence, may
order prisoner to be brought before
it.