University of South Carolina Libraries
- "* .. < -- -- -S . - . - -" - * -- -. - - - --- - - - - -- *c * - '~ ~ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - t - - . - *~ - -b 5 - g - - - J& VOUEI WtR,SpC,WDEDYJNUR .86 Tl -HE HERALD S PURLISHED EVERY .WEDNESDAY, At Newberry C. H., By TEOS. F. & X. . GRENEKER, kDIrORS AND PROPRIETOR. VIMS, *1,50 FOR SIX MONTHS, EITHER -LX CURRENCY OR IN PROVISIONS. (Paynent -required invariably in advance.) Advertisements inserted at $1,50 per square, for trat insertion, $1 for each subsequent insertion. Varr:age notices, Funeral invitations, Obituaries, ad Communications Qf personal interest charged sadvertisements. Distuiet Go=&ts -AS ACT- TO ESTABLISH DISTRICT - CO URTS. -eienaoted -by the &nate and- House vi Ypn6U%tat~iea# flow met and sitting in Gene -al Anenbly, and by the authority of the eaine, as ollows: 1. In each Judicial -District of the State, except Charleston, there shall be established wDistact Court, which shall be organized -by Athe Jate thereof as soon as possible- after his election-; except in the Judicial District of Charleston, there shall be established two District Courts, one for the Election District of Charleston, and one for the Elecfios Dis trict of Berkeley. I. The Judge of each District Court shall 'Aceive, from the Treasurer of the State, a salary of five nb-adred dollars a year, payable quarterty'; and shall be entitled,-for a further bodroensation, to receive, annually, from the District .Conrt Fuod, as hereafter prescribed, - aaLddnitonal sum as fullows : For Abbeville Distrik, seven hundred dollars ;. Barnwell Mistrict,- seven hundred - doUars- Collotoni District, one thousand dollars ; Chester Dis trict five hundred dollars ; Darlingon Dis trict, five bundred dollars Edgetield Dis trict, eight- bwdred dollars; Fairdeld Dis .trict. Ave,hundred llHars ;George.town Dis trict, one thousand dollars ; Laurens District, - - rAn bandred d ollars ; New-berry Distr-ct, five Amndred dollars.; Orangeburg District,- fve hudrnid dollars ; Richland District, one thou sand dollars ; Sumter District, seven hundred dollrs ; Un ijDistrict, [iye hundred dollars; York Distr;64-'fivu -tiandred~dilars; Williams )-vurg District, five lwndred dollars; Ber.keley Elction- District, one thousa-id dollars; Char leston Election District. one thousand dollirs ; Beaufort District, ona thousand dollars ; Ker haw District, five hwdred dollars ; and for the Dintrict Judge f etach of the oth r Jdi ea -riett-of this 4t;4te, the sum of. five haVred dollari; Procided, to-wcur, That in case the Distri c )tun F=un4in any -District shall .prove insufficient for the -purpose for sch -additional copentsation, s:s herein provided, Wo claim far the wbolef or auy part, of such addtiornal compensati6n upon the Teasury of the State shallr.ise by Tasnof anch deficiency -Jd proided; .,; That I the tite when thei salaries herein p; dvided fo shall commence, slial be when tbe Court is-organized, and the Judge empowered to ewecte this Act. - IlI. For each District Court, the Clerk and BSheriff' of the Oistrict shtall respectivly be - ~Clerk and Sheriff;aiid may 'act ineso,o by'depuityi wheever, in this- Act, 6r othe#I - Acts passed at- this scesion, one-of thdse "off -cezs is mentionedi, either he or his-depnty, -is meant, unless the cointext shows thit hec him self is intndcd. - IV. The Judge, Clerk and Sheriff of a Dis - ~trier Coort, shel each, before entei ing an~h duties of his ofie taketheflicial uat pre * - - s- riel in the otittion of the. State, andI alse the f.>llow-ing oath, to wit "lsolemeldy serffir)y bat,. as dJiadge, IJlerk or e ~-ias the case jnay be, of the I)istrict 1-tIeDietrict of~ , I will earn-g -- estlIy endeavor to do what is reqied of me: by lsw, antd wihou,t p,rej.udice for or. against ag~tecig.oduct mysef s -becomes sn aprigh~t and. faithful officer." These oat.hs - shall be eldorsed arr the comiia-ion or cer-1 ~iticateo giap 'atment'of-ttelfree,. ar& sith~ it be entei on the Jotireal . o- .h.e Districts ,.' Court. - * - ~V. The ofEce~of every- 4tagistrate now -in. * 'oBlceg&otine according -to the forms ofT apatmnirst ander which it isabeld, with the power and ights now' by,lw aahing: nd are appointe to ex6reise the powers arid d ties, andto have.tberights itgosed -by. this' Ad-adthe Act.en titled "A Act to -estab-r - --- isb and regulate the domnestic relations of per acs of colori .ndt ameid the- law 'in- rela * . sado pauperstnd vagrancy,'' shall -be ap poidfted -iw every Dist.rict by the District Judgeteeof, by and with the advice and cousent ofsatasjority of the delegation of such Districciza the General Assembly, in such minner and so located as 'the condition of the District may, from time to time, require ; and auch Magistrates shall have all the powers and rights, and may exercise all the duties of Magisrtes, by law conferred on Magistwates. Esob Magistrate so appointed shall, before en - teruiog on the duties of his office, take before the Crerk of the District the oaths hereto fore prescribed for the District Judge, and al so the oath prescribed in the second section of the "Act concerning the office and duties of Magistrates," passed A. D. 1839, and shall sign a roll as required in that section. The term of hio office shall be four years from the day.hbe signed the roll. VI. The suum which limits the proceedings by sum'inary process is enlarged to one hun dred dollars exclusive of costs. In every case uinder that proceseding, eitber party may be a witness in his own behalf, or masy be required by the adverse party to testify, either by be ing served with a supbona, or by being call ed-up under a commzission, in like manner as in-like circumstances another witness in the . case could be ; the practice now prevailing in r'eference tointerrogatories propounded to an adverse party not being hereby interfered with. And in every such case no person shall be held incompetent as a witness be cause of interest. Of all such cases, where both the parties litigant are white persons, there shall be concurrrent jurisdiction in the Superior Court of Law, and in the District Court ; all laws, rules, fees powers and prac tice~in respect to such cases.which may pre vi in the Superior Court being extended to the District Court. VII. The District Court shall have exclu sive jurisdiction, subject to appeal, of all civil causes where one or both of the parties are persons of color, and of all criminal cases wherein the accused is a person of color, and also of all cases of misdemeanor affecting the person or property of a person of color, and of all cases of b-stardy, and all c:ses of va grancy, not tried before a Magistrate. In these cases, the same laws, fees, powers and practice shall prevail in the District Court as in the Superior Court, except as. to Juries, concerning which provision is hereinafter made, and except as to matters of form, con cerning which power is hereinafter given to the Court of Appeals. In the District Court, prosecutions shall be conducted by the At torny-General, or Solicitor of the Circuit to which the District belongs, or by a deputy appointed by such Attorney-General or Solic itor, or, in the absence of all of these, by an Attorney appointed by the District Judge. Whenever any case affecting the person or property of a person of color, which arises within'the District of a District Judge, that Judge may have an interest, the process may be made returnable, and the case be tried be f re the District. Court of an adjoining Dis trict which the plaintiff or actor in the case may select. VIII. The District Court shall have the same power and jurisdiction as the Superior Court of Law in reference to Constables, Ju rors, punishment of contempt. The ~District C -urt shall have power in all cases of tenants holding over, cases-of forcible entry and de tainer, cases under the Insolvent Debtors' Acts, where the arrest and detention are un der the process of a District Ceurt, all cases under the Prison Bound Act, and all matters of District police ; the practice being always conformed, in general, to that of the Superior Court, su-Iect to the iules - which may be ma.de by the Court of Appeals. IX. The Judge of a birt&rict Court shall, in all respects, have the power of a Magistrate for his District. He shall exercise supervis ion over the Glerk and Sheriff of his Court, the Coroner, all Magistrates, Constables, Boards of Commissioners and other public functionaries of bis District ; and from him to any of them may proceed orders, rules and attacbments, or writs of mandamus, prohibi tion certiorari, guo warragnto or scire facias. X. The Judge of a District Coiit sball have the powers in respect to habeas corpus wbich two Magistrates have under- the ninth sec tion of the "Act concerning the office and du ies of Magistrates," passed A. D. 1839 ; he nay admit to bail in all cases bailable, and in al cases triable in bis. Gourt, and may also exercise jurisdiction under hal-ems corpus at ommon law in all cases within his Dstrict, where the liberty of a person of color is res rained, or the liberty of any person is res .rained by a person of color; and in all casea ithin his Distriet, which affect white persons odv, except that he shall not have the power nf'Judge of a Superior Court to discharge >r let to bail a white person charged with a relony not clergyale, against whom a true >ill has been found. XI. The Judge of a District Court shall have the power which is given -to two Magis Lrates by the Act of 1787, concerning vag rants; and shall likewise have the power which two Magistrates have under the twen t-third section of the "Act concerning the flice and duties of Magistrates, passed A. 1). 3S9, ina respect to tenants holding over ; and n the carse of a tenanat holding over, or of an ssue of fact ~to bc tried under the Prison ound Act, 'hr i-n any other case where, by aw, there is provision for trial or inquest by jury before one or more Magistrates, the Dstrict Judge mnay either proceed toorganize r Jury, as Mlagistrates are directed to do, and aae trial before himself at a place to be ap >oin ted. by him, or may take the case into hisl ourf, una submit it to a Jury organizedl here, as is hereinafter provided ; and the rerdict~had in either coarse shall have all the efect which any - verdict before Magistrates rould-have-; an appeaL may be taken by either >arty to a Circuit Judge -gt Chainbers, or ijn pern Court, from the decision of the -District jourt on the trial of any case -between l-and ~ord and tenan.t, or of forcible entry and de-. ainer; : Prorided,- That notice of tbe appeal ~hall -be given in writing to the District Judge, nd to the opposite party, er his attorney,[ a'thn twinty-four homs after the decision hall. have been rendered, and that a time, not ~xceeding twenty days, shall be stated in the mtice, as the time at which~ the appication to ear the appeal will -be mad- which notice ~hall staig before what Judge, end~ what place he application, will be made. It shall be the luty of the District Judge on whom the no ice of appeal may be served, tip deliver to the .ppalltor his attorney, within two days fter serfice of such notice, a certified copy of .1l the proceedings in the, case, and for such :ertifcate and copy, the Clerk of the District ourt shall be entitled to charge'as costs, in he case, fifty cents for the certificate and one nill for each word of such copy. The Jud~ge, >efore whom the appeal shall be heard, shall ave the power sto reverse the decision, if he be *> evince upon which to sustain it, n ca the decision shall be for the lafr" it or may in any case grant a e' trial, or*order an issue made up to be rie~ in the Circuit Court. XII. The District Court shall be always pen, and shall be a Court of Recor d; ordi arily, it shall sit in the Court Room of the District Court House, except in the District f Berkeley. A place near by shall be pro ided by the Commissioners of Public Build ngs for its sittings, when the Court Room may be occupied by the Superior Court. For any sitting, except the quarterly sittings ereinafter nientioned, the Distrigg Judg'e may, however, appoint any place in the Dis trict; and these parties, wituesses, Jurors and >ther persons concerned, shall be bound, hav ig due notice, to attend ; every summons, notice and process being, however, understood to require attendance at the Court House, if aother place be niot specified. XiiI. All judgements and decrees obtainied n the District Court, the effect of which would be to create a lheu on the property of the de fendant, shall be entered up at such times as udgment obtained in the Circuit Court thence ext ensn.7 may be entered up. XIV. On the first Monday of every month shall be a monthly sitting of the District Cour t, whbich shall continue as long as the dis patch of business may require. A t this sitting -' betre small and mean causes, small matters, civil and criminali between persons of color, between white persons and persons of color, between master and servant, between master and apprentice, and between employer and laborer. Petty misdemeanors, imputed to persons of color,.complaints by persons of color against white persons of misdemeanors, for which a fine not exceeding twenty dollars is a sufficient punishment, civil suits, involv ing not more than twenty. dollars, in which a person of color is a party, and questions con cerning vagrants and paupers.not requiring a jury. Any business to which a Judge at Chambers is competent, and other business which does not require a jury, may also be done; besides all business which may be done, as aforesaid, may also, at this sitting of the District Cou t, be tried cases of aggravated misdemeanors and clergyable felonies, of which persons of color may be accused, and of mis, demeanors requiring punishment exceeding a fine of twenty dollars, and affecting the per son or property of a person of color, of which white persons may be accused. These cases may be tried by a common jury, organized as hereinafter provided, and, in case of convic tion, punishment shall be awarded by the Judge, according to the practice of the Supe rior Court of Law. At this sitting may also be tried cases of tenants holding over, eases under the Prison Bound or Insolvent Debtor Act, which are hereinbefore mentioned, and any issue in a civil suit ordered to be tried before a common jury. XV. Previous to a monthly sitting, if the nature of the business shall require a Jury, the Judge shall direct the Sheriff to summon a Common Jury. Thereupon, the Sheriff shall return the names of eighteen citizens of the District, and from these nine shall be drawn, in the presence of the Judge, at least ten days before the said monthly sitting; and the Jury so drawn shall be summoned by the Sheriff, and served with tickets, at least five days before they are required to attend ; and tOey shall be bound to attend under the pen alties which may fall upon defaulting Jurors in the Superior Clurt of Law. Of those who attend, six shall be drawn in open Gourt, of, whom the four first drawn shall constitute the Common Jury for that sitting, the other two being supernumeraries, to supply vacan? cies. The others who may attend shall be discharged without pay; but th six drawn shall be entitled to like pay as Jurors in the Superior Court of Law. If less than six, out of the nine 'summoned, shquld attend, the Sheriff shall summon a sufficient number that may be drawn of the original eighteen, or in case-of their insufficiency, of any other citi zens.: Provided, No person shall be required to Ittend as a Jnror more than once in six m1Qnths.- ThptrigIL -t one Juror is given to the accused and to the prosecuting officer in. any criminal case triable before a Jury, at a monthly sitting; and the sane right is given to each party in a civil suit there triable; unanimity of the four .Ju rors shall be requisite for a verdict, XVI. Four time a year there shall be a quarterly sitting of the District Court, to be continued as long as business may require, and it necessary to be adjourned from week to week ; at which, besides any business that rmay be done at a monthly. sitting, may be tried cases of summary process pending in -the ,Court.; civil suits, above the summary 'juris diction, wherein one or both of the parties are persons of color, cases of crime or felony pun ishiable -by deat.h without benefit of clergy, of which persons of color may be -accused, and any other matters pending in tbe Court. The proceedings- in then cases severally shall be, in general, similar to those in like~ cases in the Superior Court of Law, 'subject to the diver sities in form which may be produced by the rules adopted by the Court of Appeals, as hereinafter'provided. .XVIIL For each quarterly sitting, Jurors shall be dlrawn at a monthly sitting, not morp than forty nor less than.ten days before such quarterly sitting, who shall, under a venire, be summoned by the Sheriff five days preced inig the t-ime which may be fixed for the com mencement of the quarterly sitting. With a view to these Jurors, cnce in every twc years a list shall be procured froip the Tax Collec tor; froiin that the names of all Jurors g$ali fled to sit as'Jurors in the -Superior Court, shall be entered on tickets, and from~ these tickets there shall be drawn, for,tach quarter ly sitting, twenty-four, to be copied in the panel annexed. - At the quarterly sitting, from-i ose of the twenty-four who attend, eight shall be drawn, in open Cotfrt, who shall constitute a Grand Jury, and twelve shall be drawn, who shall constitute a Petit Jury of six, tL oe called a Special Juty, and six supernumeraries. Of the Grand Jurors, the concurrence of six shall be necessary to the finding of a true bil'. In the. Special Ji-. ry, unanimity of the six shall be required for a verdict. At the opening of a trial, in a capi tal case, at least twelve Jurors shall be pres ent, and of these the accused may make pC remptory challenges until the number shall be reduced to six. At the opening of a trial in a civil suit, or in a criminal case, not capital, not more than ten Jurors reed be present, and each party alternately in a civil suit, and the accused, in a criminal case not capital, may make peremptory challenges until the Jury of six is left. U' there should not be sufficient reduction by challenges, the six shall be ascertained by drawing. An insuffi cient number in any instance shall be sup plied by Jurors whom the Sheriff shall summon, of the same persons, and in the same way, as bas been hereinbefore provided in respect to a Common Jury. A Special Jury may do any thing for which a Common Jury is competent. Challenges for cause at either the monthly or quarterly sittings shall be unlimited. A sep arate jury box shall be provided for the Dis trict Court, and in respect to Juries, the or ders of Court, duties of Tax Collector, Sheriff and Clerk, pay of Jurors, penalties for default, and all laws and practice shall, with such modi fications as the-provisions herein made, and the rules adopted by the- Court of Appeals, may render necessary, be the same in the Dis trict Court as in the Superior Court. XVIII. The Judge shall take care, by proper arrangements of the order of business, and by dischau-ging all Jurors who may be' present above the necessary number, to re duce the expenses of his Court as much as justice will permit. Each Juror shall receive from the Clerk a certificate signed by the Clerk and countersigned by the Judge, for such sum as for like services he would have received if a Juror of the Superior Court ; and, this tum shall be paid under the order of-the District Court Judge. In like manner, there shall.be a certificatend payment for any Con stable that way attnd the CoUt-t under the order of the 8heriff, of whom there shall not be more than three without-the-orderof the Judge which shall be granted only in cases of necessity. The-Clerk shall enter on the Journal of the Court a roll containing the names of the Jurors and Constables, who receive certificates, with the,sums paid to them respectively, and copies of the rolls for the year preceding, the Clerk shdl, ' ally, after the quarterly sitting in each.y , W ich..ends next before the regular session '5ie General Assembly, tansmit to the Treasqrer. , A condensed statement of all the rolls for,.all the Distriegg 3f the State shall be contained in the annra report of the Treas urer. XIX, The Judges of the Court of Appeals shall, from time to. time, fix the days upon which the quarterly sittings of tW1-istrict Court in ealh District shall-convene, avoiding, as far as possible, interference with the Su perior Court in that District or neighboring Districts, giving public notice of the several days fixed, and making no uunecessary changes. XX.. The District Court shall have exclu sivejurisdiction, subject to app%al, -of -all mat ters,of equity, wherein oke or.both of the par ties,pre.person of color. *These matters shall be beard apd determined by the District Judh at a quarterly sitting,, or at such other timdas with bis.cnereace the parties may fix, itb h,. ap 's. ealm :the Chcellor on CirdW. Jn r peet to thpinthe Oinuission er in'fuityIr the D,strict shell;. regard the Ju pf .the'District Cuftt. as be does the Cb celMr, iitrespecto mittirzin thCSupa rior W'urt of'jquity *a* itebothis' tee Coutts, teLlaw, praedec, fees, bnodesd.p ceediog, aqd effectpoT 4rdam- a',proee*.-Bll be,. nearly-s may be, the s'ad e. XXt. The Judge-ofa Distect. Cort- ay practice -s an .ttorney 6r Solicitoix isrbthe SuperW Courts of the Law and Fqui ex cept ih cases which. have been argakid,oU1 him or heard in his Couirt, but be shalfo' i have a. partner in the practice --in the Distic of which he is the Judge. XXU1, ThvCle:k the ^District.-Conrt shallittend the monithly and quarletTy sit tings of the Court, and all other .sit.jg at which the Jude shall require -him to attend. He shall keep a full and exact journal oTeverv 4 order, decision, verdict, sentence- and act of. the Court; having one book for civil suits, in which only white.persons are parties; sec ond, a bood for vagrancy and bastardy; third, a book for civil suits, in which persons of coloare partie. and a fourth, for criminal aner., ufecung persons 01 color. A pro cessIrolp the Court shall be signed by himi and be sealed. All papers .which come into Lb office shall be carefully- kept, and those which are to reinajn there shall be arranged; labelled - d filed away as nearly as may be, i according to the directions given by law, con cerning papers of the Superior Courts. XXII. The Judge shall himself keep a j4,urnal of all orders, decisions, sentences and Acts of the Court, when in absence of the Cle.-k, he is sitting without a Jury, whic4 J journal shall, from tifn to time, at least once a quarter, be filed in the Clerk's office. He may, when necessary, appoint a Clerk pro term. XXIV. The Sheriff shall execute all orders, sentences and process from the District Court,] under like penalties for neglect as for neglect, of like orders, sentences and process frotzi a. Superior. Court ; and in like manner he shall, I for such neglect, be liable to rule, attachmen~t, action~ and-forfeiture. The sheriff shall have. power to call on the poss comitatus, to- aidI him in the execution of all su.ch orders, sen tences and process,.mesne or final, iw civil or criminal matters, where more force than that .1 of one man is required, or resistance is-appre hended. Every persen who being called to I a 41as one of the poss, does not -immediately .1 a4d earnestly give aid according to the direc t' bn -of the Sheriff, shall be subject to rule and - a'tachment-for contempt, and to a fine- not less thary,twenty-dollars, nor m6re than five bundred dollars.-. XXV. The return day ofthe2Pjstrict Codirt; - for wesne proces&in-civil suits, triable at the ji quarterly. sitting, shall be eight days? before each quarterly sitting.. In the Superior Court and District Court, the law and practice shall be the samc-as to the liens of judgment an decne.es, as to the manner of serving process, process served after return days, several de-14 fcndants residing in different Districts, writ( offiera facia2s and capiae ad faciendum; e?' ' enmptions from arrest, bail bonds, orders for suspending executions, writs of attachment, s and all other matters wherein diversity is not producedfy Act of the Legislature, 'or rules made by the Judges as hereiiiafter provided. XXVI. All fees for services required 'rom t the Clerk and Sheriff of .the District Court shall be paid in cash by the party requiringi the services, and according to the judgment and order of the Court, may or may not bee recovered against the opposite party. Thisr provision shall extend to.all cases, by sum mary process, in the Superior Courts of Law. XXVII. The Sheriff shall keep the papers which come to his ofBece from a Distrct Courts separate from those which come from aSuperior a Court. He shall in one book enter all mesne process from the District Court, and in an- e ottber all finsal process from that Court, taking care, howev'er, to preserve the priority of c lines by attachment or execution, whatever Court the process may come from. t XXVIII. All fines, penalties, forfeitures ~ and other moneys belonging to the District t Court fund, which the Sheriff may collect a under crders, sentences or process of the pis. ~ trict Court, and all such moQneys as may be ~ turned over to him by any other offcer, the Sheriffshall hold under the security of his I official bond, until they shall be paid under t the ordar of draft of the District Judge. Aids ~ paid fo? licenses, and such aids for approval P of contracts and instruments of apprentice- F ship, and such fees for reports upon appeals a from tl-e District Judge, as the Judge may P direct the C!erk to receive, and the Clerk may receive. and all other moneys belong ng to s the District Court Fund, whether collected d first bythe Clerk or turned over to him by I some oter officer who had collected them, p which may come to the hands of the Clerk, s the Cleik shall hold, under the security of his n official bond, until they shall be paid under n the orderor draft of the District Judge. Each o Magistnte shall, at least once in every three - - 4 months, report and pay to the 'Chairman off the Board of Relif of Indigent Persions-of J Color; the moneys received by him from al &, taxes, fines and penalties, and all other 'toon eys belonging to the Distiiet Court Fund, I which have come to his hands. On the first < day of each quarterly sitting 'of the District .4 Court, the Sheriff, the Clerk, each Magistrate. t of the District, the Chairman of the Board 1 aforesaid,' the Superintendents of Convict., i and every person (besides a Constable, who c must make returns to a Magistrate,) vho may -' have had'eharge of convicts or received wages i or other moneys which belong to the Dis- E trict Court Fund, shail each make o the. Court a full and minute report of hi4receipts. I disbursements knd payments, showing the- t items on each sid-of.the account, ardathe ex act balance in his hinds, accompanied by .4a t estimate of the probable receipts and require -a ments in his depA *entpr the next quarter The report of !he chairman aforesaid shab - e specially set forth all kno.wn delinquencies of .r agistrates in ieporting, paAngand discharg- a ing other duty, with the name of the delifi- a guents. The District, Judge shail exrnamine t all these reports carefully, and take the most prompt and energetic means to prevent- and r correct all defalcations and omssions. Hav- t ing ascertained the amount of the N.strit r Find which is on hand, including what. he u himself my have, he shall, by. orders entered a on.the Journal of the Court,'direct payuents to be mad; 'by the - officers respectively, -in e such sums as he may designi-te, to the follow-. mg purposes, namely: 1: The. aal ad - ditional compeneation of the Judk of whch h anie-fourth-shall be taken _-aLh quarten. f Jurors:eertifcates;:.. Expenses of dbCourt, a Lndudirg fees payable-o'at of;the District-Court. V FPnd. 4 Pay f &perint*ndent4 eRi,Oter ex penses of contraet!. 5.Balsn'ce 4 wbe paid to he Chairmrn of the'26id of Riif qu-j rar4 , the'iices n fre ect to,Ve 11 electAen 4-nd dijbiirge* -te.l 1 Doprt -Fu W Ie eerA. offie tpi4 . , ettleballd ihm'ogs Grare shall facKt have fig pNs i:atum uggn ) ill'snms coHel4ed by him;,-t-ber i.naldition to- commissions,. wbich, withb other .fees, i c herif Constable gayoet from. persons c igainst'whom h$ executes process and -th. Sheriff and Magistrate shall each be farJther.4i ilowed two-andeh-alf per-centuini uport- the F >roper disbursement made by hiin- The 1b 31erk; Supe: inteindent ofUonviets, Jailor and b ather persons who may-hfve bad supervisigp~ n if convicts, .or received wages belouiging"~tols the District Court Purrd shall each have' two-Ic mid--h!if n'r ppinm ,ii We ana+ y, and two-and-a-half per centUM upon il sums disburse4 by hiqp. In' no case shall a ums olected. be understood to include sums '6 eceived from some other of the. officers who d ire required to make reports as hereinbefo'-e p -eq3red, nor disbursements to inchide-sums r turned overo wno r of the e officers. i i shall be the duty of- the District Judge to c ;uard the fund against duplicatedcomnis 3 jons, as .we o- as'gainst other improper nti r Les The Chairman of the Boash ofaelielof -a ;ndigent Persons of C.oloi shal allowedf :ommissions upon his 'own collectionb .frd ti isbuirsement as anot'her Magistrate is, anid in r addition shal, for each sem iannua report to t us Board, and each qai.terly report, to. the t Jourt, be allowed, ou't of the' District Court t ,und, a sum not less than 'five dollars,. nr b nore than twenty dollars, 1ahichthe District o iudge shall fix according to the quantity of c >usinless done by 'hini, ano the manner. ina which it 'was done. The' Glerk "shall, under 'q he supervision -of the. Judge of the s )istrict Coni-t, annually1 at ,some early 11 lay, between 'the quam terly -sitting of the p; jourt, wbich neg precedes.the regular session a >repa,re and transmit to tha- eastirepray~ ej b ort from his Distriet Court, 'issued by theA c ilerk and certitied by the Judge. This. re- ii ort shall eerfain-' condensed statemern comn J8 nled .froar the reprts w'hich ai-e made 3h e4 s< Jourt, and from the Joriroats ofbe' 6e@it ci bowing,.for the year preceding, the wholet cJ ~um whicly went into the'District Coqrt Fund , p ow much from each soilrce, tifico~tDnissions Ii or collection; the'whole 'dlsbursftuentLs, and~ t1 ow much for.acli gen.eral purpose, tbOon di issio~n upon disburserpents, other: exper.ses, be balatice on bari, and~ the Jjabilities uin- et aid. ~ The Treasurer shall agpegate the-re-j ~orts of'the Clerks so as to -show results. for n he Whole States and shall lay before-the Gen-i s< ral Assembly a tabular statemet -ofthe c )lerk, noting particularly any District -ourt b rm which reports had nt-been receivede XXIX. An indictmeut agansti white pr on for' the hori1eide of a peh.soof oior shall.'& iepied in the Superior Gourt of Li,ad~ o shalT all tber indictmept iwhicls a white I >erson is aeursed of a capital felo'hy, affecting he person or property of a person of color. V .XXX. In every case, civil and eriminal, inf n which a person of color is's party,.or which fects the person or property 'of a person ,ofa olor, persons of color shall be competent wit-a iesses. The accused, in such a criminal case, od the parties, In every such civil case, ma;y ie witnesses, and so may every other person. rho is a competent witness; and in every uch case, eithor party may offer testimony P s to his own character, or ~that~of his adver-c ary, or of the prosecutor, or of the third per on mentioned in an indictment, XXX I. A magistrate shall have jurisdictionb ver small disputes, controyersies and comn laints that may arise in his neighborhaod be-t ween persons of color and a iwhite person, a nd of petty misdemeanors committed by or owards a person of color, between master ti nd scrvant, between master and apprentice, nd between employer and laborer, and civil at uit.s, involving not more than twenty dollars S 'a which a person of 'color is a party-his ower in no 6ase going beyond a judgment, at ne or forfeiture oftwenty dollars. Hie shall e specially charged with the supervision of 81 ersons of color in his neighborhood, their te rotection, the prevention of their misconduct nd depredations and a cautious regard to the m eace, health and safety of his neighborhood. tl XXXII Personis of co.or shall be liable to its commenced by attachments, forsign and (mestic, as white persons are in like cases.m ~esides this, there may be, in the case of a erson of color, a proceeding to be called a peial attachment of the following natore, P amely : By any tax, a perso.n of color is tade liable for a sum certain, tax collector, pa rother person who has a rught to collect the as m cetMn, anel who dcures to obtaiun from a' 4.owrapg tb c persan Of- ... ajhjr sumamons-- agis upon Which the so mcetain - ioned, with cosis an d Oh o n laimed to be in he 4hands or 41 ball besetdow, wich suwwonse - rate may issue, if the amount- C- - ,alu, of property claimed from the - - 9 twonty dollvrs or undtr nd the - ,ourtntst issUe, if it is aL!"e that u -- ummons having beerLUsned, -the r be acknowledgeis i on of color beftje metton~ed - ioopopertybJDMu on-of pr Ulnh t o tbe pln n mattfihige tif he perso of color be.ie, g *e -- uh plaintiff,;if.sjh Jebitbe -- ure day, arin ay sutender to ny those-im ctioer other roperty. erson -ot colorju bla.possessiong - are ?he amount Chimed fror - u threof as,will-satisfy-th Z ad the receipt of the pitif in [All he an,acquittace of the xts against -tbaperagn ofI 7f ishee should ndt 'acknav ote and Surrendeas gbe,t on of the pii'ntiff - c -- r ! ishee shaH, in obedAenee - ' C iake the retr, on oath, t r Ditritrt, asthe case ma Y ,anyth g e-wes to bes ithef prsently'.aue o-y as inposssi begn to b#~ laintiWsoul ha thft- i" d tb *f ee 3h1I pay, give, irote an45su -A# Ie rmentionei.; bafLs.4b&.. till IeAissatisfied * rith:other*itnesees(sir olor igay46 ene on -ebW -i eard. and ordersmingec& 1%r =eor&itg rA th OW Jelgisfyt# IQ perss WVo. asbe&ee u& ies1atofd e inad opnswrav -E - -r leb priorfty betwn var ait thrantie-, p-.T Iisbig t-A. nig oe -pIY ot - XXm. Questiens OfI:olwa - ubject to.tbe'right of appio eoth - e conclusively determined by %ev ered upon an issue of fact joifedIn4 rohibition or mandamt , --tie wr*I. iny be granted, upon applicatidr i behalf f any prsen-aUeo 7to f color, against an7 --eJ, ther-e4ilearrwho is proi - 'ould be- p-oer tcndersom -- ot(prop'ei whitepeos~ - ises,-at the instino?the -ea - '0n,'to dow a W-bitep-CsalIgm ight Cdemano bi din, - - !d by, an ,Judge af o pr* a -- ie Judge of theWistrctoort.. - riet the oflcer ~ te:brdes eing,. by the ordfer- the@.udge, n tapartyagainst*by-1a 8pi Iines,-aecordinig to -the judjemenit - iay form, upon ftnspectin'iHhs uesliotr, afhdavits'or 'd'ocuniene a lbe tried ir the Super4t sou.t er the t)istrict ajforesaid- -& ersoni in -question, and,oLhis Thge -- iony direct, or from repu$ion - i&parentage, Tand tiliim-ycac :mduct and receptioni in-seeiey.. ito bia'evidence. The Attorney -- Llicitor of the:.eircuit shall, ~ ' nttheparty;ierin theissna -. ' al pedinyoth ai4he .usivi, previobsly tad, iin ea erson irr question-We -4a petty, 0 is ast& sc etetally trieliW -- veen other parties, thiay bbtel%,~ - ne, biit shall net be -~i eighit beyond wbyt,dg e a thh.ilry may gve . ~XXIV. An.act9n o - tinvolving. the tijej o -i ~n oolois paintigO?er -~t ~ u~niedeas~ below apec[fied, or itredi, namnely~t la ationf Senede ~ me of action arose bs adtind fiwfde cetion'founded uponz a contruet -~ herein the debt o - d n ro hurrdred dollars wit - -we othi the tinme the ease of stion~ argl apt that, first, a payinerut of part, swik nect acknowledgement of a balance,d -A a express promi~se to pay a well --fn.~ 1all constitute a neiv era tl'otn which the p.e od of limitationl shall run on a -matter of mntract. Second, that if any. legal pr'oceed.-. 'g shall be commenced within tbe limited ariod, in good faith for recovei'y upon tort mtract, and shall terminate, without judge ent for the .-plaintiff, its termination shall ~nstitute the period from which the tim4 alil be counted. Third, that these shall nob included in the computation of time be leen the death of a white person,-defendant, id grant of administration or probate to. big ~rsonal representative. Nor fourth, the me during which an executor or administry r and defendant is by law protected froul it. Nor fifth1 the time diaring which a peri n of color, defendant, may be absent front e District in which the cause of actiodi ose, or may be absconding in that Distriebs XXXV. in reference to * ills, executors 4d administrators, distribution of estates af~ r payment of debts, the rights and remedies legatees and next to kin, and all other atters relating to testators and intestats~ e same which applies to white persons sh4 tend to persons of color. XXXVI. To the D~istrict court there shall an appeal from the Ordinary in respect td atters which affect persons of color, to bei nduzcted as in like case is an appeal to a Su rior court. An appeal front a Magistrate all go to the District court, the appellant ying ini cash, to the Magistrate, one dollar, a fee for the report. An appeal from thal