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THE DAILY Daily Paper $8 a Year 'Let our Just Censure PHOENIX. Attend the True Event.". BY JULIAN A. SELBY. COLUMBIA, S. C., TUESDAY MORNING. SEPTEMBER 25. 18G6. Tri-Weekly $5 a Year VOLUME 11-NO. 1?9 ACTS PASSED BY THE tEGtSLATOBE, AT THE EXTRA SESSION OF 1866. OFFICIALLY PUBLISHED IN THE PIIONIX. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ESTABLISH DISTRICT COTJBTS." L Bc it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, ns follows: That an Act to establish District Courts, passed on the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty five, be, and the same is hereby, repealed, except as to its first and second sections, to wit: In each Judicial District of the State, except Charlestou, there shall be established a District Court, which shall be organized 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 the Election District of Berkeley. The Judge of each Distrjct Court shall receive from tho Treas? urer of the State a salary of five hundred dollars a year, payable quarterly, and he shall bo entitled, for a further compensation, to receive annually, from the District Court Fund, as hereafter prescribed, au additional sum, to be paid quarterly on his own draft, as follows: For Abbeville District, severn hundred dollars; Barnwell District, seven hundred dollars; Colle ton District, one thousand dollars; Chester District, five hundred dollars; Darlington District, five hundred dollars; Edgefield District, eight hun? dred dollars; Fairfield District, five hundred dollars; Georgetown Dis? trict, one thousand dollars; Laurens District, five hundred dollars; New? berry District, five hundred dollars; Oraugeburg District, five hundred dollars; Bichland District, one thousand dollars; Sumter District, seven hundred dollars; Union District, five hundred dollars; York District, five hundred dollars; Williamsburg District, five hundred dollars; Berke? ley Election District, one thonsand dollars; Charleston Election District, one thousand dollars; Beaufort District, one thousand dollars; Kershaw District, five hundred dollars ; and for the District Judge of each of the other Judicial Districts of this State, five -hundred dollars: Provided, however, That in case the District Court Fund in any District shall prove insufficient for the purpose for such additional compensation, as herein provided, 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 pro? vided, also, That the time when the salaries herein provided for shall commence shall be when the Court is organized, and the Judge is em? powered to execute this Act. II. That the District Courts heretofore established by law be oi'ganized by the Judge thereof, immediately after the passage of this Act, aud that each of the said Judges, respectively, shall receive the salary heretofore provided by law. Ul. The Clerk and Sheriff of the several Judicial Districts of the State shall act as the Clerk and Sheriff of the District Court, or Courts, within their respective Districts, and may perform their duties in person or by deputy. Tho Judge, Clerk and Sheriff of a District Court, shall each, beT??re dutering on tho duties of his office, take thu official oath prescribed by the Constitution of the State, and also the oath or oaths required specially to be taken by the incumbents of such offices in tho Superior Courts. IV. That tho District Court shall have exclusive jurisdiction, subject to tho right of appeal to tho Appeal.Court, in all cases of larceny and mis? demeanor, in all cases of vagrancy, and in all cases of bastardy arising within the limits of the Election District in which they are established. V. All prosecutions in the District .Courts shall be conducted by tho Attorney-General or by the Solicitor of the Circuit to which the District Court belongs, or by a deputy appointed by such Attorney-General or Solicitor; or in the absence of these, by an attorney appointed by the District Judge. VI. The District Court shall have concurrent jurisdiction, subject to appeal as aforesaid, with tho Court of Common Pleas, iu all civil causes in which tho title to land is not involved, and in which the debt sued for, or the amount of damages claimed, does uot exceed one hundred dollars; and the sum which limits the proceedings by summary process, in all Courts of law, is enlarged to one hundred dollars, exclusive of costs; and exclusivo jurisdiction in all matters of contract between employer and employee, master and apprentice, where the amount exceeds twenty ?lol lars. VII. The Judge of the District Court shall be invested with power to examine and supervise all prosecutions, commitments and warrants of arrest commenced before or issued by any Magistrate within his District, for any misdemeanor ; and it shall be his duty, upon application made to him, to examine into the merits of the samo at any time before trial, and to direct tho discontinuance thereof, on such terms and conditions as may seem to him most conducive to the ends of justice ; and for this purpose, ho is authorized to summon before him the parties and such witnesses as may be necessary. VIII. Tho Judge of the District Court shall, in all respects, have the power of a Magistrate of his District. He shall exorcise supervision over tho Clerk and Sheriff of his Court in all matters appertaining to tho jurisdiction and business of said Court ; also over the Coroner, all i Magistrates, Constables and Boards of Commissioners of his District, and from him to any of them may proceed orders, rules, attachments or writs of mandamus, prohibition, certiorari (?no warranto, or sci ri facias. IX. The Judge of the District Court shall have the power, and be sub? ject to the duties, and be liable to the penalties, in respect to Jtabeas corpus, conferred and imposed upon two Magistrates, under tho ninth section of tho "Act concerning the office and duties of Magistrates," passed the twenty-first day of December, Anno Domini one thousand eight hun? dred and thirty-nine; iie may admit to bail in all cases bailable, and in all cases triable in his Court, and may also exercise jurisdiction, nuder habeas corpus, at Common Law, in all cases within his District, except that he shall not have the power to discharge or let to bail any person charged with a felony not clergyable after a true bill has bven found. X. The Judge of the District Court shall have the power given to two Magistrates by the " Act for tho promotion of industry and for the sup? pression of vagrants and other idle and disorderly persons," ratified on tho twenty-eighth day of March, Anno Domini one thousand seven hundred and eighty-seven," and shall likewiso have the power which two Magistrates havo under the twenty-third section of "Au Act concerning tho offico and duties of Magistrates," ratified on the twenty-first day of December, Anno Domini one thousand eight hundred and thirty-nine in respects to tenants holding over; and, in case of a tenant's holding over, or of an issue of fact under tho Prison Bounds Act, or in any other case when, by law, there is provision made for trial by a Jury and one or more Magistrates, the District Judge may organize a Jury as Magistrates aro now directed to do, and have trial before himself, or may take the case in his own Court; and submit to a Jury organized there as hereinafter provided. In all such cases, except those in relation to tenants holding over, of forcible entry and detainer, and of issues under tho Prison Bounds Act* there shall exist a right of appeal to tho Circuit Judgo at Chambers, or in open Court, who shall havo power to reverse the decision, grant a new trial, or order an issue to be made up to be tried in the Circuit Court. XT. Tho District Court shall bc a Court of Record, and shall be always 1 opeo. It shall have the same power and jurisdiction, subject to the right of appeal to the Appeal Conrt, os the Superior Court in Law in reference | i to Constables, Jurors and punishment for contempt. It shall have juris- ? I diction in all cases of tenants holding over, cases of forcible entry and j detainer, cases under the Insolvent Debtors' Act, where the arrest and ' detention are under process of the District Court, all coses under Prison Bounds Act, and all matters of District police; und the Judge of the District Court shall have discretio irv power to hear and determine all ca3es, civil and criminal, within the jurisdiction of the same, without sub? mitting them to a Juiy, provided neither party shall demand a Jury trial : ! Provided, An appeal may be had to the Court of Appeals in all cases tried before the said Court in which appeals are now allowed by law from the j Circuit Courts, and in no other cases whatever, lt shall sit in such place as may be furnished by the Commissioners of Public Buildings, who are hereby required to provide a suitable place, which shall be held at thc Court House of the District; except in Berkeley, iu which the places shall be fixed by the District Judge; and in the District of Beaufort, where the I Court shall ho held alternately at the Court House in the town of Beaufort I and at Lawtonville. i XII. The District Court shall hold quarterly sessions, and the Judged of the Court of Appeals shall, from time to time, fix the days of the quarterly session of the District Court. They shnll also, from time to time, make rules and prescribe short and simple forms for the transaction of business and tho conduct of causes in the District Court. XIII. The Judge of the District Court may practice in the Superior Court, except in ?-ases which have been argued before him or heard in his Court; but he shall not have a partner in the practice of law and equity in the District of which he is a Judge. XIV. The returu day of the quarterly session of the District Court shall ! be ten days before the first day of the sitting thereof. XV. All fees of the Clerk and Sheriff shall be paid in cash, by the party requiring the services, and according to the judgment of the Conrt, may or may not be recovered from the opposite party. XVI. The Clerk shall keep, separately, for the District Court, the ! docket rules book and journals, as prescribed by law for the Superior i Courts, to be furnished him hy the Commissioners of Public buildings, and shall file all papers in the uiui'o prescribed in seventh section A. A., 1839, 11th Statutes at Large, p. 70, but he shall cuter all judgments and decrees in tho book of abstraer? of judgments and decrees along and in chronological order with the judgments and decrees of the Superior Courts. The Sheriff shall enter all papers and sales in the books now : kept bj- law in his office. XVII. In case of a vacancy in thc office of District Judge, by death, j resignation or otherwise, the Governor shall immediately appoint a sue- | eessor, who shall hold office until a Judge shall be appointed by the ! Legislature, and shall have qualified. During his continuance iu office, | he shall hold no other office ot profit or trust in this State, or the United , States. j XVIII. The rides of practice which prevail in the Superior Court? i shall be applied to the District Court, unless otherwise specially provided by the rules to be made by the Court of Appeals, or by Act of the Legisla? ture ; but no rule or order ol* any Court or Judge in this State shall require the printing by a party to a suit of any report, brief, or other paper connected with appeals. XIX. All fines imposed by the District Court shall be paid to the Commissioners of Public Buildings of the Judicial District in which the Court is located ; but all fines imposed by the Court of General Sessions shall constitute a part of tho District Fund, and in Charleston District he equally divided between the District Courts of Charleston and berkeley. Ami the said District Fund, in addition to the said fines, shall consist of a docket fee of .one dollar, in civil cases in which the amount demanded is I under fifty dollars, and two dollars if the sum demanded exceeds that I amount ; two dollars in every criminal cause, and two dollars for the ! report in every case ot appeal ; the said docket fees to be paid by the same parties who ure liable for the other fees in the cast' by the provisions of this Act. XX. Tho District Fund shall be held by the Clerk ot the Court, under the security of his official bond, ile shall keep un exact account thereof j in a separe ic book kept for the purpose, in which he shall enter all money received i.nd all money paid on the draft of the,District Judge, without which he will make no payment. Ho shall make semi-annual returns of said account to the District Judge, and annual returns to the Comptroller General, on or before the first of October, accompanied by vouchers. XXI. The fees for Attorneys, Attorney-General, the Solicitors and their 1 )eputics. Sheriffs and Clerks, shall be the same in the District ( ?ourt as now provided by law in the Superior Conrt. lu a criminal case, if the accused bo convicted, he shall be liable to all the costs of prosecution. If collection from the convict cannot be had, then the State shall be liable for one-half of said costs, lt the accused bc acquitted, tho Judge before whom the trial shall be lind, if he has become satisfied during the j trial that the prosecution was without probable cause, may order that the prosecutor shall pay thc costs ni the prosecution, for which tho Clerk : shall issue execution. As soi vu after the organization of the District j Court as may bo practicable, the Judge thereof sha order a special ; Conrt, at which be shall cause tobe drawn i full panel of Grand and Petit and Pleas Jurors, in the manner prescribed by law for tho Sn peri? Courts, and at each teri!; i" the Dish'ot Court thereafter, Jurors shall be drawn in the manner now preseribcii by law for the Superior Court. In the Senate Hon , tho twenty-first day ul" September, in the year of our Lord one thousand eight hundred nail sixty-six. W. D. PORTER, President nf Ike Senate. C. H. SIMONTON, Speaker Hanse of Representatives. Approved : JAMES L. OKU. AN ACT TO MAKE PARTIES, PLAINTIFFS ANO DEFENDANTS, IN ALI. CASES, ? COMPETENT TO (.IVE TESTIMONY IN SUCH CASES, IN T.IKE MANNER AS OTU EU W ITNESSES. I. lie it enacted by the Senate and House of Representatives, now met and sitting iu General Assembly, ami by thc authority of the same, That on i,ne trial of any issue joined, or of any matter or question, or any inquiry arising, in auy suit, action or proceeding in any Court of Justice in the State, or before any person having, by law or by consent of parties, authority to receive, hear and examine evidence, the parties thereto, and the persons in whose behalf any such action or other proceeding maybe brought or defended, and any and all persons interested in the same, except as hereinafter excepted, shall be competent and compellable to give evidence, either riva roc- or by deposition, according to the practice of the Court, on behalf of either or any of the i arties to thc said action or other proceeding: Provided, That nothing herein shall be understood to prevent either party from luboducing evidence to contradict or impeach I the testimony of parties h?.v?:.ri interest, ami mudo competent by this j Act to testify. II. That in the trial of all criminal eases, the defendants shall be j I allowed to testify (if he desires to do so, and not otherwise,) as to the facts and circumstances of the cese. lil. That no person shall be required to answer any question tend? ing to criminate himself; nor shall luisband or wife bo required to .osclose any communication made to each other during their coverture, n - shall testimony given under this Act bo afterwards used against him m any other case, civil or criminal, except upon un indictment for perjury, founded on that testimony. In tins Senate House, the nineteenth day of Sepseinber, iu the year of our Lord ono thousand eight hundred and sixty-six. \V. D. PORTER, /'resident af the Senate. C. H. SIMONTO*'. Speaker'House of Representatives. Approved: JAMES L. ORB. New Flour! i VERY CHOICE HAMS 11 SIM AM) SHOULDER BACON! BBEAST-PtECES & UAHD? WHITE & YELLOW CORN! OATS, HAY, &C. THE subscribers would cull thc attention of their customers ami thc public to the several choice brands of i Sugar-cured HAMS and su? perior BACON, NEW FLOU li from new wheat, and other articles mentioned above; together with many other articles of Fami? ly Supplies, received and still coming ill all or which will I?; sold Ht LOWEST CASH PRICES. JoHN EDWARD BRYCE haviug been associated with me iii tie- business from tin; tirst of this month, it will hereafter be conducted in the name of ROBERT BRYCE & SOX, Sept 28 ff? Nos. ?j and 0 Bryce's Range. ARRIVALS. I HAVE just received:' 10 bids, tine Boston POT ATOES. ' Bbls. Extra FAMILY FLOUR. 1 Half bbls. No. 1 NEW BLUE MACKEREL. Sacks LIVERPOOL SALT. No. 1 Kerosene Oil, at ?1 per (.rall?n. New Orleans Molasses. Rio and Java Coffee. Sugars. Lard. ; Fresh Country Butter --best in town. Ihce. Vinegar, Cheese. Canned Oysters, Pickles. i Picolilly, Sardines. ; Bacon Shoulders, Sides and Hnmn. ALSO, A tine assortment of LIQUORS. The above articles I will dispose of at the LOWEST MARKET PRICK, for CASH ONLY. Give me a call. RICHARD O'BRIEN, South side Gervais street, near Assembly. AT COST! GENERAL STOCK OF THF subscriber ?fters for sal?-, at ^?%and BELOW COST, bis entire stock 'JjC nf HARDWARE, without reserve, . " ^consisting iu part of the following I articles, viz: Aini-s' Lnug and Short Handle Shovels. ti Spades. " " " '. '. Manure Forks. .2"i doz. genuine Collins' Axe.-. 100 kegs Parker Mill Nails. Tabb; and Pocket Cutlery. l?Mnr Lo. ks a general assortment. Screws, t insels and Augers. Mill and Hand Files. Hatchets, llamnn-rs and Broad Axes. Hutt an?! Strup Hinges. Trace Chains and Axle Grease. ! billow-ware of all sty!.-s, Ac. A. L. SOLOMON, Second door from Shiver House, Sept (! limn On Plain street. FOR SALE, THAT DESIRABLE RESIDENCE, on the Pendleton Poad, with nine . acres of cultivated ground, one mile from Greenville C. H., with all necessary out-buildings, in good repair. For parti? culars, apply to Mr. T. A. B. Terms libe? ral. Sept ls tuthlmo ADMINISTRATOR'S NOTICE. I)EPSONS having demands against the . state of the lat.- WILLIAM HCS SUNG, will present them duly attested, ami those indi ht ed will make payment t the undersigned. S.-pt 4 tut WM. K. BACHMAN, Adm NOTICE IS hereby given that the city of Columbia will, at tho next session of the Legisla ture, make application for authority t?i issue bonds of the city in substitution for bonds and int? rest, past due and soon to fall due. Aug 14 tuSmo TOBACCO! \TARIOU8 brands-wholesale and retail low for cash. Sept ll JOHN C. SEEGERS A Co. Cockade City PARLOR MATCH ! 1 SOLD to the TRADE CHEAPER than any other Match of tho kimi m market. fclept5 2mo CALNAN A KREUDER. Pistols! Pistols! Pistols! Al the Stgii of lite (-olden Pad-Lock. JUST received, a large assortment o PISTOLS, embracing the most desira ble made in this country. A Lao, A full assortment ul Powder. Shot, Caps Cartridges, Ao., aud for salo cneap by Aug HO JOHN C. DIAL. New Goods ! FRENCH AM) ENGLISH BROADCLOTHS ! CASHMERES, TWEEDS, ?3CATS, cfc? O - M i M Till', subscribers have just received,an?! will open THIS MORNING, a few in i:c"w. comprising a neat asBortme.it of i OTHING, ENGLISH and FRENCH CLOTHS, CASSIMERES, Ac-being Ute firs' imp/nl'ilion to thin city for the season. Our READY-MADE GOODS are princi? pally from our own manufactory, and are made up i:i the latest styli s. Our stock of materials for manufacturing embraces every style, and will be made up to order at the ?bortest notice. Our cus? tomers in thc country are invited to call or scud their orders, when they will bu promptly attended to. We will also open shortly, a fine assort? ment ot' HATS, of the various styles in tho latest fashion. We invite tin; attention of ? ur visiting friends in the city to these late arrivals, feeling assured that wo will l>e able to give satisfaction to all who desire to supply t h<;in?< Ives. It. k W. C. SWAFFIELD, Sept 19 _ BEDELL'S KOW. 100 libs. Butter, IT^ROM the farm of Stephen Gibson. For ; sale by FISHER & LOWRANCE. Sept 20 ROCK ISLAND AND SALEM ?JEANS ! AT retail or bv the piece, bv the agents, FL3HER .V. LOWRANCE. ?sept 13 Hardware! 2S St -?s? riENUINE SWEDES and ENGLISH [RON - all sizes. ( HAINS, HAMES. AXES, Ac, in full supply. Rodgers', Wostenhohu's and Alexander's CUTLERY. SCISSORS, SHEARS. TABLE CUTLERY. PLATED SPOONS FORKS. Ivory-handle TABLE KNIVES. CARVERS and PORKS, ic AUGERS, PLANES, CHISELS, TANNERS' TO? ?LS, SCALES, CLASS. PUTTY, Olli, Ac. H?lting Cloths ami Pelting. Smut Machines. Sitters, by the dozen or at retail. BOOTS AND SHOES, i DP Y GOODS. RYE! RYE!! RYE!!! 150 bushels SEED RYE. e 100 sacks SALT. 400 bushels OATS. In store and for sale by KISUKK A: LOWRANCE. Sept IS Removal. JB O 1IIAVE REMOVED my shop from the corner of Taylor and Assembly strt eta !.. fin- lot nearly opposite the Express Of .<ui Taylor street, wh?ro 1 will always u lound, readv to execute, in a workman Ii tanner, all work in the BLACKSMITH? ING, line that may be entrusted to rae. 1 hope, by strict attention to business, and employing nono but ii rat-class hand*, to t.ti une to receive that liberaL patronage which has hen lofore beencxt.<m<Vd tome. HENRY SKIPPER, Taylor st., U tween Sumterand Marion. Sept s Old Newspapers for Salar, 1>Y th?- huiulreil or thousand, at _> March i PUtENIX OFFICE.