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BY JAMES A. HOYT. ANDERSON C. H., S. C, THURSDAY MORNING, JANUARY 11, 1866. VOLUME l.?NUMBER 30. Tlie Intelligencer IS PUBLISHED WEEKLY AT THREE DOLLARS PER ANNUM, IN F. S. CURRENCY, 05, 38.00 A TEAR IN SPECIE. RATES OF ADVERTISING. Advertisements inserted at the rates of One Dol? lar per square of twelve lines for the first insertion and Fifty Cents for each subsequent insertion. Obituaries and Marriage Notices charged for at these rates. ACTS OP THE GENERAL ASSEMBLY. AN ACT to Establish District Courts. Be it enacted by the Senate and House of Representatives, now met and sitting in Gen? eral Assembly, and by the authority of the same, as follows: I. In each Judicial District of the State, except Charleston, there shall be estab? lished a District Court, which shall be or? ganized by the Judge 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 tha Election District of Berke? ley. II. The Judge of each District Court shall receive, from the Treasurer of the State, a salary of five hundred dollars a year, payable quarterly; and he shall be entitled, for a further compensation, to' receive, annually, from the District Court Fund, as hereafter prescribed, an addi? tional sum as follows: For Abbeville Dis? trict, seven hundred dollars; Barnwell District, seven hundred dollars; Colleton District, one thousand dollai's; Chester District, five hundred dollar*;; Darlington District, five hundred dollars; Edgefield District, eight hundred dollars; Fairfield District, five hundred dollars; George? town District, one thousand dollars; Lau rena District, five hundred dollars; dew? berry District five hundred dollars; Or angeburg District, five hundred dollars; Kichland District, one thousand dollars; Sumtor District, seven hundred dollars; Union District, five hundred dollars; York District, five hundred dollars; Wil? liameburg Distriet, five hundred dollars ; Berkeley Election District, one thousand dollars; Charleston Election District, one thousand dollars; Beaufort, one thousand dollars; Kershaw District, five hundred dollars; and for the District Judge of of each of the Judicial Districts of this State, the sum of five hundred dollars; Provided, however, That in case the Dis? trict Court Fund in any District shall prove insufficient for the purpose for such additional compensation, as is herein pro? vided, no claim for the whole, or any part, of such additional compensation upon the Treasury of the State shall arise by reason of such deficiency : And provi? ded, also, That the time when the salaries herein provided for shall commence, shall be when tho Court is organized, and the Judge empowered to execute this Act. III. For each District Court, the Clerk and Sheriff of the District shall respec? tively be Clerk and ^Sheriff, and may act in person, or by deputy, whenever, in this Act, or other Acts passed at this session one of these officers is mentioned, either he,, or his deputy, is meant, unless the context shows that he himself is intended. IV. The Judge, Clerk and Sheriff of a District Court shall each, before entering on the duties of his office, take the official i oath prescribed in the Constitution of tho Stato, and also tho following oath, viz: " I solemnly swear, (or affirm,) that, as Judgs, Clerk or Sheriff, as tho case may be, of the District Court for the District of , I will earnestly endeavor to do what is required of me by law, and with? out prejudice for or against race or color, to conduct myself as becomes an upright and faithful officer." These oaths shall be endorsed on the commission or certifi? cate of appointment ot the office, and with it be entered on the Journal of tho District. V. The office of every Magistrate now in office shall continuo according to the terms of tho appointment under which it is held, with the power and rights now by law attaching and incident to such office. The Magistrates who are appointed to ex? ercise the powers and duties, and to have the rights imposed by this Act and the Act entitled "An Act to establish and regulate the domestic relations of Persons pf Color, and to amend tho law in relation to Paupers and Yagrancy," shall be ap? pointed in every District by the District Judge thereof, by and with the advice and consent of a majority qf the Delega? tion of such District in the General As? sembly, in such manner and so located as the condition of tho District may, from time fq time, requiro ; and. such Magis? trates shall have all tho powers and rights and may exercise all tho duties of Magis? trates, by Jaw conferred on Magistrates. Each Magistrate so appointed shall, be> fore entering od the duties of his office, take before the Clerk of the District the oaths heretofore prescribed for tho Dis? trict Judge, and also the oath prescribed in the second section of the " Act con? cerning the office and duties of Magis? trates," passed A. D. 1839, and shall sign a roll as required in that section. The term of his office shall bo four years from the day ho signed the roll. YI. The sum which limits the proceed? ings by summary process is enlarged to one hundred dollars, exclusive of costs. In ovory case under that proceeding, ei? ther party may be a witness in his own behalf, or may bo required by the adverse party to testify, either by being served with a subpoena, or by being called up under a commission, in like manner as in like circumstances another witness in the case could be; the practice now prevail? ing in reference to interrogatories pro? pounded to an adverse party not being hereby interfered with. And in every such case, no person shall be hold incom? petent as a witness because of interest. Of all such cases, where both the parties litigant are white persons, there shall be concurrent jurisdiction in tho Superior Court of Law, and in the District Court; all laws, rules, fees, powers and practice in respect to such cases which may pro vail in the Superior Court being extended to the District Court. VII. The District Court shall have ex? clusive 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 cu?cb oi bastardy, and all cases of vagrnn cy, not tried before a Magistrate. In these case?, the sraae laws, fees, powers i and practice shall provail in the District i Court as injjthc Superior Court, except as to Juries, concerning which provision is i hereinafter made, except as io matters of form, concerning which power is herein ttfter given to the Court of Appeals. In the District Court? pr?'seetiti?iiS ; " ;: be '?ouducted j me Ailorney-G'i*neral, or. Solicitor of the Circuit tr- which the" Dis i trict belongs, or by a deputy appointed I by such Attornej'-General or Solicitor, or, in the absence of all these, by an At? torney appointed by the District Judge. Whenever any case affecting the person or properly of a person of cuiur. 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 before the District Court of an adjoining District which the plain? tiff or actor in tho ease may select. VIII. The District Court shall have the same power and jurisdiction as the Superior Court of Law in reference to Constables, Jurors, punishment of con? tempt. Tho District Court shall have the power in all cases of tenants holding 1 over, cases of forcibly entry and detainer, cases under the Insolvent Debtors' Acts, where the arrest and detention are under >? the proctesTof ^"District CdrrrtfTrfr -nases I under the Prison Bound Act, and all mat? ters of District police; the practice being always conformed, in general, to that of tho Superior Court, subject to the rules which may be made by the Court of Ap? peals. IX. The Judge of a District Courtshall, in all respects, have the power of a Mag? istrate for his District. He shall exercise supervision over tVe Clerk and Sheriff of his Court, tho Coroner, all Magistrates, Constables, Boards of Commissioners and other public functionaries of his District; and from him to any of them may pro? ceed orders, rules and attachments, or writs of mandamus, prohibition, ccrtiorari, quo warranto or scire facias. X. The Judge of a District Court shall have the powers in respect to habeas cor? pus which two Magistrates have under the ninth section of the " Act concerning the office and duties of Magistrates," passed A. D. 1S39; he may admit to bail in all cases bailable, and in all cases tri? able in his Court, any may also exer ciso jurisdiction under habeas corpus at common law in all cases within his District, where tho liberty' of a person of color is restrained, or tho liberty of any person is restrained by a person of color; and in all cases within his District, which affect white persons only, except that he shall not have tho power of a Judgo of a Superior Court to discharge or let to bail a white person charged with a felony not clergyable, against whom a true bill has been found. XI. The Judge of a District Court shall have the power which is given to two Magistrates by tho Act of 17S7, con cerning vagrants; nnd shall likewise. have the power which two Magistrates have under, the twenty-third section of tho j " Act concerning the office and duties of Magistrates," passed A. D. 1S39, in re spect to tenants holding over; and in the case of a tenant holding over, or of an is? sue of fact to bo tried under tho Prison Bound Act, or in any other case where, by law, there is provision for trial or in? quest by a jury before one or moro Mag? istrates, the District Judge may eithor proceed to organize a Jury, as Magistrates are directed to do, and have trial before himself at a place to bo appointed by him, or may take the case into his Court, and submit it to a Jury organized there, as is hereinafter provided; and the ver? dict had in either course shall have all the effect which any verdict boforo Mag? istrates would have; an appeal may bo taken by either party to a Circuit Judge at Chambers, or in open Court, from the decision of the District Court on the trial of any case between landlord and tenant, or of forcible entry and detainer: Provi? ded. That notice of tho appeal shall be given in writing to tho District Judgo, and to the opposite party, or his attorney within twenty-four hours after tho deci? sion shall have been rendered, and that a time not exceeding twenty days, shall be stated in tho notice, as tho time at which the application to hoar tho appeal will bo made, which notice shall state before what Judge, and what placo the applica? tion will be made. It shall be the duty of the District Judge on whom the notice of appeal may be served, to deliver to the appellant or his attorney, within two (la vs after service of such notice, a certi? fied copy of all the proceedings in the case, and for such certificate and copy, the Clerk of the District Court shall be entitled to charge as costs, in the case, fifty cents for the certificate and one mill for each word of said copy. The Judge, before whom the appeal shall be heard, shall have the power to reverse the deci? sion, if there be no ovidonco upon which to sustain it, in cases where the decision shall be for the plaintiff or actor, or may in any case grant a new trial, or order an issue made up to be tried in the Circuit Court. VT! 1 ho Districi Court shall bo r.l Wivys operi, and shall bo it Court of Be cord ; ordinarily, it slttill sit in the Court Jiuoir. of liie District Court House, ex? cept in the District of Berkeley. A placo near by shall bo provided by tho Commis? sioners of Public Buildings for its sittings, when the Court Piooiu may be occupied by the Superior Court. For any silling', except the quarterly sittings hereinafter mentioned, the District Judge may, how? ever, appoint any place in the District; and these parties, witnesses, Jurors and other persons concerned, shall bo bound, having due notice, to attend ; every sum? mons, notice and process being, however, understood to require attendance at the Court House, if another place be not specified. XIII. All judgments and decrees ob? tained in the District Court, the efleet of which would bo to create a lien on tho property of the defendant, shall be en? tered up at such times as judgment ob? tained in the Circuit Court thenco next ensuing may be ^nr?rccfnp; XIV. On tho first Monday of every month shall be a monthly sitting of the District Court, which shall continuo as long as the despatch of business may re? quire. At this sitting may be tried small and mean causes, small matters, civil and criminal, between persons of color, be? tween white persons and persons of color, between master and servant, between master and apprentice, and between em? ployer and laborer. Petty misdemeanors, imputed to persons of color, complaints by persons of color against white persons of misdemeanors, for which a fine not ex? ceeding twenty dollars is a^gufficient pun? ishment, civil suits, involving not more than twenty dollars, in which a per? son of color is a party, and questions concerning vagrants and paupers not re? quiring a jury. Any business to which a Judge at Chambers is competent, and other business which does not requiro a jury, may also bo done; besides all busi? ness which may bo done, as aforesaid, may also, at this sitting of tho District Court, bo tried cases of aggravated misde? meanors and clergyable felonies, of which persons of color may bo accusod, and of mis? demeanors requiring punishment exceed? ing a fine of twenty dollars, and affecting the person or property of a person of color, of which white persons may be accused. Thsec cases may be tried by a common jury, organized as hereinafter provided, and, in case of conviction, punishment shall bo awarded by the Judge, according to tho practice of the Superior Court of Law.? At this sitting may also be tried cases of tenants holding over, cases under tho Prison Bound <o- Insolvent Debtor Act. , which arc hereinbefore mentioned, and : any issue in a civil suit ordered to bo tried before a common Jury. XV. Previous to a monthly sitting, if the nature of the business shall rcquiro a Jury, the Judge shall direct the Sheriff to summon a Common Jury. Thereupon, the Sheriff shall return tho names of eigh? teen citizens of the District, and from these nino shall bo 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 Shoriff, and served with tickets, at least five days before they aro required to attend; and they shall bo bound to attend under the penalties which may fall upon defaulting Jurors in tho Superior Court of Law. Of those who attend, six shall be drawn in open Court, of whom the four first drawn shall constitute the Common Jury for that sitting, the other two being supernumera? ries, to supply vacancies. The others who may attend shall be discharged without pay; but tho six drawn shall bo entitled to like pay as Jurors in the Su? perior Court of Law. If less than six, out of the nine summoned, should attend, the Shoriff shall summon a sufficient num? ber that may bo drawn of the original eight2cn, or in case of their insufficiency, of any other citizens. Provided, No per- j son shall be required to attend as a Juror more than once in six months. The right to challenge peremptorily one Juror is given to tho accusod and to the prosecu- J ting officer in any criminal case triable before a Jury, at a monthly sitting; and tho same right is given to each party in a civil suit there triable; unanimity of the four Jurors shall be requisite for a verdict. XYL Four times a year there shall bo a quarterly sitting of tho District Court, to be continued as long as business may j require, and if necessary to bo adjourned from week to week; at which, besides any business that may be done at a monthly sitting, may be tried cases of summary process pending in tho Court; civil suits, abovo the summary jurisdic? tion, wherein one or both of the parties are persons of color punishable by death without benefit of clergy, of which per? sons of color may be accused, and any oilier matters pending in tho Court. The proceedings in the cases severally shall be. in general, similar to those in like cases in the Superior Court of Law, sub? ject to the diversities in form which may he produced by the rules adopted by tho Court of Appeals, as hsreinafter provided. XVII. For each quarterly sitting, Ju? rors shall be drawn at a monthly sitting, not more than forty nor less than ten daj's before such quarterly sitting, who shall, under a venire, be summoned by the Sheriff live days preceding the time which may be fixed for tho commence? ment of tho quarterly sitting. With a view to these Jurors, once in every two years a list shall bo procured from thei Tax Collector; from that the names of all Jurors qualified to sit as Jurors in the Superior Court, shall be entered on tick? ets, and from these tickets there shall be drawn, for each quarterly sitting, twen four, to be copied in the pauel annexed. At tho quarterly sitting, from those of the twenty-four who attend, eight shall be drawn, in open Court, who shall con? stitute a Grand Jury, and twelve shall be draw'?, shall constitute a Petit Jury of six, to blTcaffori & Special Jury, and six supernumeraries. Of the Gi'^nd^ Ju rors, the concurrence of six shall be no^ cessaiy to tho finding of a true bill. In tho Special Jury, unanimity ef the six shall be required for a verdict. At the opening of a trial, in a capital case, at least twelvo Jurors shall be present, and of these the accused majr make peremp? tory challenges, until the number shall be reduced to six. At tho opening of a trial in a civil suit, or in a criminal case not capital, not moro than ten Jurors need bo present, and each party alter? nately in a civil suit, and tho accused, in a criminal case, not capital, may make pe? remptory challenges, until tho Jury of six is left. If there should not bo suffi? cient reduction by challenges, tho six shall be ascertained by drawing. An in? sufficient number in any instance shall be supplied by Jurors whom the Sheriff shall summon, of the same persons, and in the same way, as has been hereinbefore provi? ded in respect to a common Jury. A Special Jury may do anything for which a common Jury is competent. Challen? ges for cause at either tho monthly or quarterly sittings shall be unlimited. A separato jury box shall be provided for the District Court, aud in respect to Ju? ries, tho orders of Court, duties of Tax Collector. Sheriff and Clork, pay of Ju? rors, penaltios for default, and all laws and practice shall, with such modifications as the provisions herein made, and the rules adopted by the Court of Appeals, may rendor necessary, be tho samo in the Dis? trict Court as in the Superior Court. XVIII. The Judge shall take care, by proper arrangements of the order of bus? iness, and by discharging all Jurors who may bo present abovo tho necessary nuni ber, to reduce tho expenses of his court as much as justice will permit. Each Ju? ror shall rcceivo from the Clerk a certifi? cate signed by the Clerk, and counter? signed by the Judge, for such sum as for like services he would have received if a Juror of the Superior Court; and this sum shall be paid under the order of the District Court Judge. In like manner, there shall be a certificate and payment for any Constable that may attend the court under tho order of tho Sheriff, of whom thero shall not be more than three without the order of the Judge, which shall bo gran ted only in cases of necessity. Tho Clork shall enter on tho Journal of tho 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, tho Clerk shall, an? nually, after the quarterly sitting in each year, which ends next before the regular session of the General Assembly, trans? mit to tho Treasurer. A condensed state? ment of all the rolls for all the Districts of tho State shall be contained in the an-J nual report of the Treasurer. XIX. The Judges of the Court of Ap? peals shall, from tirao to time, fix the days upon which the quarterly sittings of tho district court in each District shall convene, avoiding, as far as possible, in-1 terferenco with the Superior Court in that District or neighboring Districts, giving public i-otice of the several days fixed, and making no unnecessary changes. XX. Tho District Court shall have ex? clusive jurisdiction, subject to appeal of all matters of equity, wherein one or both of tho parties are persons of color. These matters shall be heard aud determined by the District Judge at a quarterly sitting, or at such other time as with his concur? rence the parties may fix, with an appeal from the Chancellor on Circuit. In respect to them, tho Commissioner in Equity for the District shall regard tho Judge of tho District Court as ho does a Chancellor, in respect to matters in the Superior Court of Equity; and in both of these Courts, the law, practice, fees, modes of proceeding, and effect of orders and process shall bo, as nearly as may be, the same. XXI. Tho Judge of a District Court may practice as an Attorney or Solicitor in the Superior Courts of Law and Equity, except in cases which have been argued bofore him or heard in his Court, but he shall not have a partner in tho practice in the District of which he is the Judge. XXII. The Clerk of a District Court shall attend tho monthly and quarterly sittings of tho Court, and all other sit? tings at which the Jndge shall require tfiim to attend. He shall keep a full and exact journal of every order, decision, verdict, sentence and act of tho Court; having one book.of civil suits, in which only white persons are parties; second, a book for vagrancy and bastardy; third, a book for civil suits, in which persons of color ate parties; and a fourth, for crim? inal matters, affecting persons of color. All process from the Court shall be signed by him and be scaled. All papers which corao into his office shall be carefully kept, and those which arc to remain there shall be arranged, labelled and filed away, USsIiearly as may be, according to the di rections~"givmby law, concerning papers of the Superior Court*? XXIII. The Judge shall lSmsTjKJ^cpj a journal of all orders, decisions, sen? tences and acts of the Court, when in absence of the Clerk, he is sitting without a Jury, which journal shall, from time to time, at least once a quarter, be filed in the Clerk's office. He may, when neces? sary, appoint a Clerk pro tern. XXIV. Tho Sheriff shall execute all orders, sentences and process from the District Court; under like penalties for neglect, as for neglect of like orders,'sen? tences and process from a Superior Court; and in like manner he shall, for such neg? lect, bo liable to rule, attachment, action and forfeiture. The Sheriff shall have power to call on the posse comitatus, to aid him in the execution of all such orders, sentences and process, mcsno or final, in civil or criminal matters, where more force than that of one man is required, or resistance is apprehended. Every person who being called to aid as one of the posse, does not immediately and earnestly givo aid according to tho direction of the Sheriff, shall be subject to rule and at? tachment for contempt, and to a fine not less than twenty dollars, nor moro than fivo hundred dollars. XXV. The return day of the District Court, for mesno process in civil suits, triable at tho quarterly sittings, shall be eight days before each quarterly sitting. In tho Superior Court and District Court, the law and practice shall be tho same as to the liens of judgments and decrees, as to the manner of serving process, process served after return day, several defen dants residing in different Districts, writs of fieri facias and capias ad faciendum, ex? emptions from arrest, bail bonds, orders for suspending executions, writs of at? tachment, and all other matters wherein diversity is not produced by act of tho Legislature, or rules made by the Judges as hereinafter provided. XXVI. All fees for services required from the Clerk and Sheriff of the District Court shall bo paid in cash by the party requiring the services, and according to tho judgment and order of the Coart,may or may not be recovered against the op? posite party. This provision shall ex? tend to all cases, by summary process, in tho Superior Courts of law. XXVII. The Sheriff shall keep the papers which come to his office from a District Court separate from those which come from a Superior Court. He shall in one book enter all mesne process from the District Court, and in another, all final process from tho Court, taking care, however, to prcservo tho priority of liens by attachment or execution, whatever Court the process may come from. XXVIII. All fines, penalties,forfeitures and other moneys belonging to the Dis? trict Court fund, which tho Sheriff may collect under orders, sentences or process of the District Court, and all such moneys as may bo turned over to him by any other officer, the Sheriff shall hold under the security of his official bond, until they shall bo paid under the order or draft of the District Judge. Aids paid for li? censes, and such aids for approval of con? tracts and instruments of apprenticeship, and such foes for reports upon appeals from the .'District Judge, as the Judge may direct the Clerk to receive, and tho Clerk may receive, and all other moneys belonging to the District Court Fund, whether collected first by the Clerk or turned over to him by some other officer who has collected them, which may^ome to the hands of the Clerk, the Clerk shall hold, under tho security of his official bond, until they shall be paid under tho order or draft of the District Judge.? Each Magistrate shall, at least once in every threo months, report and pay to the Chairman of the Board of Relief of Indigent Persons ?f Color, the moneys received by him from aids, taxes, fines and penalties, and all other monej'S be? longing to the District Court Fund, which have come to his hands. On the first day of each quarterly sitting of the Dis? trict Court, the Sheriff, the Clerk, each Magistrate of the District, the Chairman of the Board aforesaid, tue Superinten? dents of Convicts, and every person (be? sides a Constable, who must make re? turns to a Magistrate,) who may have Had charge of convicts or received wages or other moneys which belong to the District Court Fund, shall each .mako to the Court a full and minute report of his receipts, disbursements and payments, showing the items of each side of the ac? count, and tho exact balance in his hands, accompanied by an estimate of the proba? ble receipts and requirements in his de? partment for tho next quarter. The re? port of tho Chairman aforesaid, shall specially set forth all known delinquencies of Magistrates in reporting, paying or dis? charging other duty with the names of the delinquents. Tho District Judge shall examine all these reports carefully, and take the most prompt and cnergflc ^ means to prevent and correct all defal 4ioji,?L^ud omissions. Having ascertain! the amoulr^>o?th^ on hand, including what he himself may have, he shall, by orders entered on the Journal of his Court, direct payments to ? be made by tho officers respectfully, in such sums as ho may designate, to the I following purposes, namely : 1. Tho an I nual additional compensation of tho Judge, of which one-fourth shall be taken each quarter. 2. Jurors certificates. 3. Ex? penses of tho Court, including fees paya? ble out of the District Court Fund. 4. Pay of Superintendent aud other expen? ses of contracts. 5. Balance to be paid to tho Chairman of the Board of Relief of Indigent Persons of Color, for the uses of that Board. For their services in respect to the collection and disbursement of the District Court Fund, tho several officers shall, in the settlement of their accounts, be allowed commissions as fol? lows : Tho Sheriff and Magistrate shall each have five per centum upon all sums collected by him, to bo in addition to commissions, which, with other fees, a Sheriff or Constablo may exact from per? sons against whom he executes the pro? cess ; and the Sheriff and Magistrate shall each bo further allowed two-and-a-half per centum upon the proper disbursement made by him. Tho Clerk, Superinten? dent of Convicts, Jailor and other per? sons who may have had supervision of convicts, or received wages belonging to the District Court Fund, shall each havo (CoTiduded on Fourth Page.)