The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1921-06-01

the court OF common peas WLcIe my
inconsistent with the provisions Of
this act: Provided, That the complaint
or a copy thereof, in a case for trial
before the said county court shall be
filed in the office Of the clerk Of court,
with instructions to docket as now
provided by law in the court Of COM
mon pleas, before six o'clock in the
afternoon Of the Monday preceding
the first day of the next ensuing term
OF the said county court, and the
clerk shall forthwith enter the case
upon the appropriate calendar, and
in no case in which the complaint, or
copy thereof is not SO filed, snail be
tried at any term of said county court,
except by order Of the court:
Provided, Further, That this pro-
viso shall not apply to default cases,
which may be docketed as a matter
Of course at any time prior to the
convening Of said county court, or
upon the order Of the judge thereof,
during the term: Provided, Further,
That no case shall be forced to trial
in said county court pending the
taking of testimony de bene esse, un-
less it is made to appear tlef SAID
testimony is being taken merely for
the purposes of delay or that the
party taking the same has been guilty
of laches with regard thereto.
Section 8. Where jury is requir-
ed by law in the trial of causes in
said court, such jury shall consist Of
six persons. In all civil action and
proceedings either party may be en-
titled to a jury trial in all cases IN
which trial Of jury is granted OF
right under the constitution and laws
of this state, unless such right be
waived in the manner provided by
law.
Section 3. That in all cases the
special proceedings within the jurls-
diction of the county court, and pend
ing therein the judge Of the county
court shall have the same jurisdlc-
ton and powers, both in open court
and at chambers, as is possessed by
circuit judges over cases pending IN
the circuit courts over which they
are presiding, or in the circuits in
which they are residents: Provided,
That said county judge shall have
the same power as circuit judges now
have to issue WritS Of habeas corpus
in all cases, civil and criminal, and
to grant bail, where provided by
law, upon return thereto. The said
judge of the said county court may
make rules for the conduct of pusi-
ness in his court, not inconsistent
with the provisions Of this act, or
with the law Of the state. said rules
to be approved by the Sumter county
bar association, or majority there
of, before becoming effective, and
should such rules not be promulgated,
then the rules of the circuit courts of
this state, whenever relevant, shall
be held to apply.
Section 10. The right to appeal
from ali decisions and orders Of said
court, or the judge thereof, shall be
to the supreme court Of the state,
and shall be prosecuted in the same
manner, and subject to the same
rules, statutes, practice and proce-
dure as now govern appeals from
circuit courts, in said supreme court.
Section II. That the civil and
criminal terms Of the county court
shall be held at the discretion OF the
county judge at such times as he may
deem necessary to dispatch prompt
ly the business Of the court, and con-
tinue for such time as is necessary
to dispose of the business before the
court: Provided. That there shall be
a civil term Of said court held each
year within the months OF February,
May, August and October: Provided.
Further, That each week that may
be designated for jury trials shall be
considered a term, and that such
term may be continued beyond the
week if necessary to dispose Of any
case or action civil or criminal COM
menced within said week: Provided.
Further, That the judge Of said
county court shall upon the request
of the bar Of the county Of Sumter
call a civil term Of the said court
whenever the same is necessary and
a crinni.,al term upon the request of
the solicitor Of the third circuit and
the bar Of said county when such
terms are necessary and that the said
court shall be open at all times for
transaction Of such business as may
be disposed Of without a jury.
Section r. That the board of jury
commissioners as constituted by law
in said county for the drawing Of the
jurors for the circuit shall consti-
tute the board of jury commissioners
for the drawing Of jurors to attend
upon the sessions of the county court
civil and criminal, and such commits
sioners shall upon the order Of
the said court, at such times as shall
be fixed by the Judge thereof, and
after five days notice of such draw
ing, given in the manner now provld-
ed by law. draw from the jury box
(whether the same has been previous
/, drawn or not) a panel Of petit jur-
ors, and the clerk Of said court shall
Immediately issue to the sheriff, a
writ Of venire. containing the names
of the persons thus drawn az petit
Jurors, which venire shall be return
able at such times as may be named