Historical Newspapers of South Carolina

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I wapsalsstBeaasSB^^ 1111 11 ssssssszs. ssesbbssbz BY W. A. LEE AND HUGH WILSON. ABBEVILLE, S. C., FRIDAY, JANUARY 12, 1866, VOLUME XIII. NO. 39. ' ' - - - -A.CTS 0 THE GENERAL ASSEMBLY. "*4.* *K . < AN ACT to Establish.DiBTmcr Courts. Be it enacted by the Senate and Houite of Representative*, now met and tilling in General Ataetnily, and by the authority of the tame, as follows.: I. In eaah Judicial District of tho Stntc, ex pt Charleston! there shall be established a Pistxict 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 Court*, one for the Election District of Charleston, and one for the Election Dintrj^t of Berkeley. II. The Judge of etch District Court shall receive, from tho Treasurer 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 Fuud, as hereafter prescribed, an additional sum as follows: For Abbeville District, seven hundred dollars; Barnwell District, seven hundred dollars; Colleton District, one thousand dollars; Chester District, five hundred dollars; Darlington Distriot, five huudrod dollars ; Edgefield District, eight hundred dollars; Fairfield District, fire hundred dollars ; , Georgetown District, one thousand dollar.- ; J Laurens District, fivo hundred "dollars ; Newberry District, five hundred dollars; Orangeburg-District, fire Jihndred dollars; Richlnnd ( District, ono thousand dollars; Sumter District, j seven hundred dollars; Union District, five hundred dollar*; York District, fivo huudred ( dollars; Williamsburg District, five hundred ( dollars; Berkeley Election District, ono thous- ( and dollars; Charleston Elrctiou District, one r ; ikou&aud dollars ; Beaufort DUtrict, ono thous- ^ and dollars; Kerahaw District, five hundred dol- ? lars; and for tlie District Judge of caoh of the AthAP .Tnitfel.l . ' ? - -r M?..w?W4 i/?OIKVia VTA UII9 MVOir, IU? D11 III UI | fire hundred-dollars: Provided, -/wicever, Tlmt ( in cad* (be Dfatrict Court fund In any. Dintricl ( hall pVorfe insufficient for tfte purpose for nuch ^ additional compensation, as is herein provided, no claim for the whole, or any part, of such additional compensation upon the Treasury of the . 6Ut? shall arise hyreanon of mch deficiency; fl Arutjvoridcd, alio, Tfcaitke time when the Bit I nti^ficreia provided "for shall commencr, shall f>e when '.he Court tq. orgauized, and the JuJgr empowered to execute this Act. III. For each District Court, tlic Clerk and j Sheriff of th? District ehall respectively be ( rlerk and ShciitF, aud mny not in person, or by deputy, whenever, in this Act, or utlicr Acts passed At this session. one of these officer* is mentioned, either he, or hii deputy, is meant, , unless tho context shows that ho himself is in- ' tended. j IV. Tho Judge, Clerk and Sheriff of a I>is- ^ triet Court ahull earh, before entering ou tho 4 dutioa of hi* ofiiqc, tako the official oath pre- ! . scribed in tho Constitution of the State, and also ih? following oath, viz: a3 p!olerouly awcar, (or j affirm',) (hat, ns Judgoj Clerk or Sheriff, an the cfse inny be; of the Distinct Court fok- tlie Dis- ^ inci 01 , i will earnestly ctiUtmvor to do what is required of mo by law, and without prejudice for or against raoo or color, to 1 conduct myself as becomcs an upright and faith- 1 4j?! officer.'' These oaths shall be endorsed on 1 lb* commistion or certificate of appointment of 1 the offico, and with it be entered on the Joivruol ! of the Di?trict Court. ' V. The office of every Magistrate now in v office shall continue according to the terms of e the.appointment under which it is held, with * the power and rights now by law attaching and 1 incident to such offico. The Magistrates who e m annninfmt in it.? ? -1 1 :t .v uiv I'unoia uuu uuuea, and to havo the rights imposed by this Act and ' the Act entitled " An Act to establish and regulate the domestic relations of Fersons 01 Color, end to ameud the law in relation to Paupers end Yegrnncj," shall be appointed, .in. svjjry District by the {piatrictJudge thereof; by: and with the advice and consent of a majority of the Delegation of such District in the General Assembly, in manner and so located as the condition of the District may, from timo to time, require; and inch Magistrates shall have all the powers and rights aud mav exerciao all the duties of Magutratc\ by ,law conferred on 1 Magistrates. Each Magistrate so * appointed 8 ball, before entering on the duties of hie office, take before the Clerk of the District the oaths heretofore prescribed for the District Judge, and also the oath presoribed in the second section c of the "*Aot concerning the office and duties of c Magistrates," pstrtd A. D. 1830, and shall feign c roll of required in that section. The term of 1 his office shall be four years from the day be 1 signed the roll. - ' I. The r^mw^ich limits the proceedings by summary pfocese^is enlarged to one hundred * dollars, exclusive of costs. In ofrery.caeo nnder % that proceeding, either party may be a witness | ' in his owa behalf, or may be Required by the . :?Ut??M party to testify, ejther.by being served ^ jwitn * eabpeetie, or bybeing called op ander a <otanmsion, in like manner an In lSko cireum- ( etancea another witnoee in the ceae-.could be; , ihopvattlbe now prevailing ia reference to in- ( .temjfcatapee proptoraded to an'kdrerie $arty ( not being hereby interfered with. And^nere- , *haU be held Jnoompe- ( i it?ai*a*.-<fritaeee beeauee ef interest.Of all , - anfl} cwee, wfretfrbeth the jjirtie# litigant arc ! dictionia goperiopCouiiof Law,sad in the , DttrttrConrt; all Uw*, tdlea, fees, p<m?re**nd m f' tfj? l i ? ^ - - - ? plifeWCwiW ' ( ;' /" ^0f VII. '^ IXiiiriol Court stall ha^e^xflaaWe olotvW- of all erlBua?l4siMl?i whwem th? ac-T iMbt^or c?tor#Mri'*la|of allies ,of ?pe53??iS?S^>?nd l??_ *?**/>*nd ?tt ?! !V"T?ir)wK^ ttdt tried be^ c. *" .r? .^M .f: ^ fore a Magistrate. In theso cases, the same a laws, fees, powers and practico shall prevail in w the District Court as in the Superior Court, ex- t? ccpt as to Juries, concerning which provision is a hereinafter made, and except as to matters of d form, concerning which power is hereinafter p given to the Court of Appeals. In the District ol Court, prosecutions shall be conducted by tho li Attorney-General, or Solicitor of the Circuit to st which the District belongs, or by a deputy ap w pointed by such Attorney-General or Solicitor, ? or, in the absence of nil of these, by on Attorney ? appointed by the District Judge. Whenever C any case affecting the person or property of a di pviouu ui tuiui, wxiiuu rinses wnnin tdo mstricl 81 of a District Judge, that Judge mny have an si interest, the process rony be mode returnable! C and the case be tried before the District Cour1 of nn adjoining District wlilch tho plaintiff or c< actor in the case may select. <1 VIII. Tlie District Court shall have the same d' power and jurisdiction as the Superior Court of a Law in reference to Constables, Jurors, punish- H< ment of contempt. The District Court shall ,r have power in all canes of tenants holding over. cases of forcible entry and detainrr, cases under e( the Insolvent Debtors' Acu, whero the arrest and detention are under the process of a District Court, all cases under the Prison Bound Ul Act, and all matters of District police ; the w practicc being always conformed, in general, to 1,1 thnt of the Superior Court, subject to the rules m which may be mndo by the Court of Appcnls IX. The Judge of a District Court shall, in tu ill respects, have the power of a Magi-trate for lis District. lie shall exercise supervision m jvei the Clerk and Sheriff of his Court, the l'' Coroner, all Magistrates, Constables, Boards of ni Commissioners and other public functionaries pC >f his District; and from lnm to any of them ,H nay proceed orders, rules and attachment", or 8'' irits of in indnmus, prohibition, certiorari, quo Wl carranto or scire facias. rpl X. The Judge of a District Court shall have al lt? powers in respect to habeat coram wliinh de wo Magistriitcs Lave under the ninth section of he " Act concerning ilic office and duties of Jagislratcp," passed A. 1). 1830; ho may admit tu 3 hail in i^l casus bailable, and in all cases tw iablc in liis Court, and may also exorcise juisdiction Under habeas corpus at common law in wl 11 cuses within his District, where the liberty f a person of color is restrained, or the liberty f any person is restraioed b< a person of color; s^' nd in all casea within his Diatrict, which affect Outc pi-rsaue oaly, except that he shall not e1^ ave the pow*-r of a Judge of a Superior Court, > discharge or let to bail a white person charg (1 with a felony not clergyable, ngoinet whom 9131 i.:n t i r 1 0,1 iiuv um 11 uft uicu 1UUUU. XI. The Judge of a Diatiict Court ahull have ^r' lie power which i* given to two Magistrates l?y lie Act of 17K7, concerning vagrants; and shall fl*' ,kewine have tho power which two Magistrates ave under the twenty-third p?ction of the 'Act concrrning the office und duties of Ma_nslrates," passed A. I) 1880, in respect to tennts holding over; and in the case of a tenant oldinn over, or of an issue of fact to be tried at ,ndor the Prison Bound Act, or in any other ^ aso where, l?y law. tli?ire is proyiBion for trial r inquest by a jury before one or more Magisratep, the I>iBtiict Judge may either procced bo o organize a Jury, as Magistrates ore directed crj o do, and have trial before himself at a place bo o be appointed by hitu. or may take the care ^ uto his Court, and submit it to n Jury organ- t(|) zed there, as is hereinafter provided, and the ajj prdlot. Itnd in ?it)?oi? -n *l .. ?,v**ac3W snail UU'C OU (IIC* QJ|| ffect which nny vetdict before Magistrates t|,, votild huve ; an appeal may bo taken by oither >arty to a Circuit Judg? at Chambers, or in a? pen Court, from the decision. of the District ?ourt on the trial of aDy case between landlord 8|? md tt-oa'ut, or of forclblo entry and detainer: ^ ?rovidedy That notice of tho appeal shall be qU ;ivcn' in writing to tho District Judge, and to su, he opposite party, or his attorney,' within th wcuty-four hours after tho decision shall have fn( >cen rendered, and that a time not exceeding th wenty days, shall be stated in the notice, aa bn he.time at which the application to hear the th ippeul will be made, which notic* shall state in >efore what Judgo, and-what place the applica- an ion will be made. It shall be the duty of the ea District. Judge ott whom tije notice of appeal |u nay be served, to "deliver to the appellant or bis frt ittorney, within two days after service of such ah iciice. a certified copy of ail the proceedings in la he case, and for such certificate and copy, the wl Merk of the District Court shall be entitled to c? ih&rgo a% costs, in the cafie, fifij ecu's for .the 01 leriificato and one mill, for cach word of aucb th opy. The Judge, before whom the appeal In hall be heard, shall have the power to reverie be he decision, if ther? b? no evidence upon which Iri o fcostain it, in cases where the decision- shall ?b >e far the plaintiff or actor. or may in anj <Jsso mi jrant a new (rial; or order afi.issue made up te ah )a tried in the Circuit Court. ...... , tr XII. The District Court shall be alwaya open, ca ind shall ba * Court, of Record ; ordinarily, it an hiaii on in we uoun k tdo of ItieDietriot Court th House, except in Ibe iiiatrlct of Berkeley. A. mi place near by (hail be provided by the Commw- ?u tionera of Public Building* for it* eittiug*. when du iliO Court Iloom crmr be o coupled by the Superior u Court t, T6j. any autfrg,.except the. quarterly at ?UUugs bereiu&fujr qMBtlened, tbe Diairiet Judge lit may, however, appoint any plaeo in tit* DUtriet j *i and thesn ^artier, witnewe*, Jurora and other nl pertdns concenieA, piiill beboatod. having doe J? uotice, to alle^d ?? every-- enmmong, notice and fe procwabeing-, howe*er,uuder?to?d to require at- m tendance at ibe Court Hdu?e, if another place A be not epecified. D XIII. I s the District CottrtJ the wonjd be 4, to cr*?to# lieu on the property of tip defend^ *j n^?M.(w <ot?rfd ?p?^?apht|i??e# M if to uCobt#io<(l_iu the Circuit Coijrt 4k*?ie? n?x? r, enratag may tie entered up. - ,il !,,' n iXIV. Ot>; tftn flret, Mondey of every mouU* c duttjto * moathly eittlinp of the District Coarfc w ch c^iiil eoouaur a* long ?? the despatch of ft basiBCM auY te^Lfffe At-tLi* eittirig m?y 1* 4 tr?cd rfnieJl eod nfeetijoeu***, small nyitterp, eifif tl * ' ?. V 1 nd criminal, between persons of color, belwe< 'hite persona and persons of color, between ma ir and servant, between master and apprentic nd between employer and laborer. Petty mi emeanors, imputed to persous of color, con laiutsby persons of color agaiuat white peraoi f misdemeanors, for which a fine not excecdlt venty dollar* is a sufficient punishment, civ lit?, involving not more than twenty dollars, hich a person of color in a party, and queatioi sncerning vagrants and paupera not requirit jury. Any business to which a Judge i Hamburg is competent, and othor business whic urs not require a jury, may also bsdone; be dea all busiuess which may be done, aa afor lid, nmv also, at thi? sitting of I ho TM?i.ri ourt, bo tried cuirs of aggravated miideinoatioi jd clergyable felonies, of which persons i jlor may be accusrd, aud of misdemeanor* r? niring punishmeut exceeding a fine of twent oilars. and ufifeiing the person or property < person ot color, of which while persons may t :cufed. These cases may be tried by a con on jury, orgmiitad as hereinafter provided, aw case of conviction, punishment ehill be awari i by the Judge, according to the practice of tli jperior Court of Law. At this sitting :na so bs tried cases of .tenant* uoiriing over, cas< uder the Prison Bound or Insol ent Debtor Ac hich are hereiubeforr mentioned, aud any issu a civil suit ordered to be tried before a con on Jury, XV. Previous to a monthly aittinp. if n? ire of the business shall require a Jury, th idgp shall direct the fijlieriff* to summon a Com on Jury. Thereupon the Sheriff iliall relur e namen of eighteeu citizens of the District id from these nine shall be drawn, in tbe prai ice o^ the kludge, at least ten days before th id monthly sitting; anil the Jury so draw all be summoned by the Sheriff, and serve th-tickets, at least five dayH before they ar quired to attend; and they shall he bound t tend under tho penalties which may fall ugo: faulting Jurors in the Superior Court of Law r those who attend, nix ahall be drawn in upei urt, of whom Uie four first drawn shall consti is the Common Jury for that silting, the oths o being supernumeraries, to supply vacanciei le others who may attend shall bo dischsrge ihout pay; but the six drawn shall be entitlei like pny as Jurors in the Superior Court c w. If lees thuu six, out of tbe nine snmmenetj juld attend, the Sheriff shall summon a suffi ...? iniuiuvr inai may ue orawn 01 me origins rliteen, or in case of their insufficiency, of au; i?r citizcns ; Provided, No person ahull be re ircd to attend as a Juror more than once ii : mouth*. The right to challenge peremptorily e Juror is given to tho accuseJ and to th jscp.uting officer in nny criminal oaae triabl Tore a Jury, nt a mor.thly titling; ani th Tie right is given to each party in n civil aui ;ro triable ; unanimity of the four Jurors ahul requiaite for a verdict. XVI. Four times n year there shall tie i arierly aitting of tlie District Court, to b iiliutied as long aa business may require, am lecessnry to be adjourned from week to week whichi besides any business that may be dom & monthly aitting, may be tried oases of sum iry process peudiug in tho Court, civil suits ore the summary jurisdiction, wherein one o th of th? parties are persona of color, eases o me or r lony punishable by death withou npfit of clcroc. of wti!/>K ?' -"1? accused, and ouy other matters pending ii s Court. Tlie proceedings ia the casea sever y shall be. iu general, airoilur to tho!<a in liln iu iu the Superior Court or Law, aubjeot ti e diversitits in form which may be produce* ' the rulea adopted bv tho Court Appeals hereinafter provided. XVII. J?or each quarterly sitting, Juror kill be drawn at a monthly sitting, not mor au forty nor l>u than ten days before aucl inrterly sitting, who shall, under a venire, b mmoned by the Sheriff five daya preceding r time wliioh may be fixed (or the commence 6nt of the quarterly aitling. With a view ti eve Jurors, once in 6rery two years a list ehal procured from the Tax Collator; from tlift e names of all J-jrors qualified to nit as Juror the Superior Conrt, shall be entered on tickets d from these tickets there shall be drinwti, fo ch quarterly sitting, twemy four, to be cople the panel annexed. At the quarterly sitting >m those of the twenty four who attend, sigh all Le drawn, in open Court, who-shalt const! te a Grand Jury, and twelve shall be drawn lio shall constitute a Petit Jnry of six. to b lied a Special Jury, and six rapernumerariei 'the Grand Jurors, the concurrence of si: all be nccsssarv to the findipgof ? true bill tlieSpecinl Jury, unanimity of the sixslial required for a verdict. At the peoiug of < al, in a capital ease, at left twelve Juror all be present, and of these the accused ma^ ake peremntorv challenges until the nnmh? all be reduced to six. At the opeoiug of , iel in a civil suit, or in e criminal case no pital, jjqC more thnb ten Jarors need be preseu id each petty'iflteriietely ib a civil auit, eu< e accused, in a orhpina! coat, not, Capital, mA tie peremptory challenge* uutil the Jnry c i is left. If there ahould not be sufficient re icUo* by challenges, the sis shell be asoer ined by drawing. Ad Inmfflcipnt number i iy instance shall be supplied by Jurors whot e Sheriff ahall snmmoD, of the eatrte person* id to the same way," &* has beeti' Ijereinbefor 'otidedlb respect to a common Jjfirf. A specii |ry may do anything for *rUi.?h a Common Jur eootneteat. ChalleoMe.foraina*atalihm* ?v onthljr or Vjuarterlyih^ingf be nu littitet topatato jury.bo* thall be provided forth i?triet Court, and io t&rpfdi to jnrieii the 01 we of Court* duties of Tm Collector, Sheri id Clerk, .pay of Jflrore,penalties for defiitrf Id en Urire'tttid pfraettee shall, With such moi Idfttiow'aa'thfc prorisioas herein made, and tt i<?? sdopted'by the Court of Appeals, rru jswsrmmitr.;? tteAmifcifie~T>Str& ourt aa io thir jBtfpei&r Conrt. ' '** XVIII. Tho Judge shall Uke ?ar?, by prop rraagenesta of the .order of business, and t iachargiaffalL Jtfrora who nay bepnssitiatxr fie neer?w(^ unrtnber, to redact (he elrpensta * ' ' ? 4 ? ' in hi* Court as much as justice will permit. ? 6- Juror shall receivo from the Clerk a certin e signed by tho Clerk, and countersigned by a- Judge, fcr such sum as for like services he wi i- have received if a Juror of the Superior Coi is and this sum shall be paid under the orde ig (lie District Court Judge. In like manner, tl il shall be a certificate and payment for any C in stable that may attend the Court under the is der of the Sheriff, of whom tliero shall no ig inoro than three without the order of th? Jut it which shall be granted only in esses of ?c< :h sity. The Clork shall enter on the Journc !- the Court a roll containing the names ?f o Jurors and Constnbles, who receive certifies ct with tho sums paid to th-m respectively, rs copies of the rolls for the vcar oreearfinr. r , O' d( Clark shall, annually, after the quarterly rill in each year, which end# next heforo y regular aea*iou of the General Assembly, tra of mil to the Treasurer. A condensed ntatemeu )? nil the rolls for all the District* of the State s i be contained in the annual report of the Tre 3, urer. J- XIX, The Judges of the Court of Appt ie shall, from time, to time, fix the days upon wl y the quarterly sittings of thq District Court s each District shall convene, avoiding, as fa t, possible, interference with the Superior Cnur e that District or neighboring District*, giving p 1 lie notice of the several daj'S fixed, and mak no unnecessary change*. i- XX. The District Court shai have exclui e jurisdiction. auMect to *rr??l ?r ?n i- equity, wherein cue or both of the parlies n pareons of color. Theso matters shall be be ts and determined by the District Judge at a qi i- terly sitting, or at such other time as v e his concurrence Iho parties may fix, with n nppel from the Chaucellor on Circuit In d spect to them, tho Commissioner in Equity e the District ahnll regard the Judge of the E o trict Court as he does n Chancellor, in respec1 [i matters in the Superior Court of Equity ; i r. in both of the Courts, the law, practice, f n modes of proceeding, and effect of orders i i? process shall be as nearly as may be the sa r XXI. The Judge of a District Court n i. practice as an Attorney or Solicitor iu the I d perior Courts of Law and Equity, except in 3 ses which have been arguetl before him or he if in his Court, but he shall not bare a partnei I, the praotice in the District of which he is - Judge. il XXII. The Clerk of a Dialiict Court shall jr tend thn monthly and quarterly sittings - the Court, and all other sittings at which n Judge shall require hiin to attend. He si f keep a full and exact journal of every ore e decision, verdict, sentence and act of tho Cou e having one book for civil suits, in which o e white persons are parties ; second, a book t vngrancy and bnatar.lv; third, a book for c 1 suits, in -which persons or color are parlies; i n fcurtli, for criminal matter?, affecting j s tons of color. All process from the Court si e be signed by him and be sealed. All pap J wtneli como into his office slit?!l be carefi , kept, nud those which are to remnin there si pi be arranged, labelled and filed away, as uea . as may be, according to the directions given i, law, eouceruing papers of the Superior CourU r XXIII. The Judge shall himself keep a jo f jial of all orders, decision.*, sentences nud c t of the Court, when iu absence of the Clerk, r is sitting without a Jury, which jouruul sh i from time to time, at least ouce a quarter, filed in the Clerk'a office. He may, when ne< e sary. appoint a Clerk pro tern. ? XXIV. The Sheriff ahall execute all ordc 1 sentencea and. process from the District Cou 'i unuer uxe peualties fur neglect, as for neglec like orders, sentences and process from a Supei Court; and in like manner he shall for such n a lect, be liable to rule, attachment, action t i forfeiture. The Sheriff shall have power to ? 0 on the potte eotnilatut, to aidiiim in the exei ? tio'n of all oderq, sentencea and process, met - or final, in civil or criminal matters, where m a force tltao that of one man is required, or res ' ance is apprehended. Every pervoa who be. 1 called to uid.ps one of the pom, does not imi * diatoly and.earnestly give ?id according to direction of the Sheriff, ahull be aubject to r r ond attachment for coutempt, end to a flue i ' lew I hen twenty dollar*, nor more than fi ? hundred dollur*. ' XXV. The return day of the Diatriet Cot for meane process in civil suit*, triable at I * quarterly eitting*, shall be eight daya before ei * quarterly sitting. lu the Superior Court a > District Court, the law and practice shall be i K same aa to the liens of judgment* and deore * a* to the ^nacoer of aerviug process, proc served after retdrn day, several defendant* 1 siding in different District*, writ* ot fieri fac aud capiat ad faciendum, exemption* from ' V reel, bail bonds, order* for suspending execatic r writs of attachment, and all other" malt * wherein diversity J* not produced by Act of t * Legislature, or rule* made by the Judge* 1 herslnaftot provided. XXVIi All fe a for service* required from V Clerk end 8herHF Of the District Court chali p4id la cash by the party requiring the aervii ~ and according to the judgment and order of' "* Court, nay or may aoi be reoovered against a Opposite party. Thia proviaioo *h*il extend " all CMML h* I- ?t- a. ? ?? iu vuo aufrar ? Courla~of Law. **i.. , * XXV1J. The Sheriff shall kecpthe paper* wh il come to bit offiee from District Court eepar y from those which cotne from * Superior Cot a He shall so on# book enter all mesne pro( I. from the District Court, and In audther,allIjfl o propsA ihsl Court takjjix cere. how?) ? to grmm.fti priority of lltoi by attachm ft or execution, whatever Court the proeesa c I- X&Slt All fioes, penalties, forfeitu ft and other monia* belonging to the Dial y Court JFund, which the Sheriff may ooll SI niiilw * ? v>v?i?, mumuiCB ur prvCDU Of > DUtriet'Court, And all pucb raoneia m n ?r bo taraed over t6 him by any oilier offi< iy the Sheriff aball hold tinder ibeucurity r? his official bond, until itiej aball be p of im^er the order or draft ,ofvtfie tflali . . !ach Judge. Aids paid for licenses, and eucl cato nids for approval of contracts mid instruilio ineiita of apprenticeship, and such fees fo; ould reports upon nppeaU from tho Distric ut. Judgo, aB tho Judge may direct the Clerl r of to receive, and tho Clerk may receive, am iere all other monies belonging to the Distric Jon- Court Fund, whether collected first by th< or- Clerk, or turned over to him by soino othei t i,e officer who had collected them, which maj "come to llin linmlo of il.? ftl?l. .1-- 1 vi iiiu viL'ikf iiio v>ierti ,eg_ aliall hold, under the security of his officia >1 of bond, until f liev shall lie paid under tlx ,ll0 order or draft of the District Judge. Eacl tee ftIHg-8tri?ie shall, at least once in ever) auj three months, report and pay to the Chair tjio man of the Board of Relief of Indigent Persons of Color, the monies received lij him from aids, taxes, tinea and penalties and all other monies belonging to the District Court Fund, which have come to hii 0 hands. On the first <lay of eneh quarterlj 1J -itting of the Distinct Cmrt, the Sheriff aa~ the Clerk, ea :h Magi?trato of the District th- Chairman of the Board aforesaid, tin ,a Superintendents of Convicts, and even l,c'1 person (hosid-js a Constable, who rnusl 1 in make returns to a Magistrate.) who pmj r as have had chargo of convicts or receiver tin wages or other monies which belong to th< lU')" District Conrt Fund si mil fior-li ?? ?!"? ' ue the Court a full and minute report of hii receipts, disbursements nod payments, show ?ive ing tho items on oach side of the account ? of and the exact balance in hia hands, accom are paiiied by an estimate of tho probable reard ceipis and requirements in his department tor- for the next quarter. The report of the ritli Chairman asoresaid shall specially set fortli an all known delinquencies of Magistrates in re- reporting, paying or discharging other duty for with the names f the delinquents. The >j8_ District Judge shall examine all of thesi t to reports carefully, and take tho most prompi sn(j and cnergetio means to prevent and oorreci Beg all defalcationb aud omissions. Having iD(j aBcortair.od the amount of the District Fun< ? which is on hand, including what ho Ir.m'mC CAlf ? I.~ -l.-ll i ww? iiu niiiin, ny uruurs enierec o.i the Journal of liis Court, direct pay inents to be made by the officers respectwely, iu sueb Bums as be may designate to the following purposes, namely :* 1. Tin r In annual additional compensation of tb< c Ju.lge, of which one-fourth shall be taker each quarter. 2. Jurors certificates. 8 at" Expense- of the Court, including fees pay able outof tho District CotutFund. 4. Pa) tl,c of Superintendent and other expenses o ,bI1 contracts. 5. Balance to be paid to tlx ,eri Chnirman of the Board of Relief of Indi Tt! gout Persons of Color, for the uses of thai nly Board. For their services in reBpect to lh< for collection and disbursement of the Districl ivil Court Fund, the several officers shall, iu the md settlement of their accounts, bo allowed ier-1 commissions as follows : The Sheriff ant lull Mngislrate shall each have five per centuu icra upon nil sums collected by him, to be ii illy addition to commissions, which, with otbe tall fees, a Sheriff or Constable may exact fron rjy persons against whom ho executes process by and the Sheriff and Mngistrale shall eacl i be further nilowed two and a half par centuu ar_ upon the proper disbursement made b] loU hiin. The. Clerk, Superintendent of Couj,8 riots, Jailor nnd other porsons who tnaj BU have had supervision of convict*, or reneivet bo wn8es belonging to the District Court Fund shall cach have two and a half per centuiz refl upon all sums collected by him, nnd twe and a half per centum upon all sums di? bur>ed by him. In no case shall sums cob rl' lectod be understood to include sums re tof ceived from some other of the officers whe ,0T are required to make reports as hereinbe e?" fore required, nor disbursements to includc sums turned over to nnothor of those oflv cers. It shall be the duty of the Districl !U~ Judge to guard the fund against duplicated lne commissions, as well as against other imore proper charges. The Chairman of the i?i* Board of Relief of Indigent Persons o1 ipg Color shall be allowed commissions upon ne- hia ovyji collections and disbursement at the*" another Magistrate is, and-in addition shall, ale fur each semi annual report to his Board aot and each -quarterly report to the Court, bi ire allowed, out of the District Court Fund, n sura not lesa than fire dollars, nor more ,rt than twenty dullard,' which the District he' Judge ahall fix according lo the quantit; lcj, of business dune by him, and the matmei lQj in which it was done. *The Clerk shall under the suporvjsiun of the Judge of tlx M .District.Court, annually, at some early day, between the quarterly silting of the Court, re which next precedes the regular session ol iat the General Assembly, and that regulai ar_ session prepare and transmit to the Treas urer a report from his District Court, issued tbe >0!erlc and certified by the Judge, i'fata report shall contain a condensed state ' 0 mint compiled from the-reports which arc " made to the Court, and from the Journals . of the Court, showing, for the year prel"? ceding the whole sum wbiob went into the 1,6 District Court Fund, bow much- from eact :e*? source the commisiitons for collection, th< th? whole disbursement*, nud iiaw muoh foi the each general purpose, the commission upor 1 to- disbursements, other expenses, the balana lor on band, and the- liabilities unpaid. Tbi Treasurer jiball aggregate the reports of tb< !ch Clerks so as to show results for the wboit mt* State, and shall lay before the General As nt. I ?-i_ ^ - ? ? - - - ? wmoiy ? unmiar statement of these nggre !eaa gatee, together with tbo reports of tlu n*1 Clerk, noting particularly any District Cour rer, from which reports bad not been received XXIX. An indictment against a wbjt person for the homicide of a; person of colo abaft be tried in the Superior Court of Law rid end so tfhail alt other indictments in whicl ecl a white ^person is accused of a capiUl felthe o>y, .affecting the perton or property of1: _ person of color. ??y * *t, XXX. If every case, civil a$d criminal of in whifh ? person ofdolorjs * .party, ,? Rid Wfcich aOepU tfu> PWB gfci 'Jctl ptnon of color, jerKMM ?f color Ml t> I i compotent witnesses. The accuned, in such - a criminal case, and the parlies, in every r such civil case, may be witnesses, and so t may every other person ttho is a compec tenl witness; a^d iu every such cnso, either 1 party may offer testimony as to his own t character, or that of his adversary, or of 3 tho prosecutor, or of the third person menr tioncd in an indictment. [ XXXI. A Magistrate shall have juridJ diction over small disputes, controversies and complaints that may arise iu his neigh' borhood between persons of color, or be1 tween persons of color and a white person. ' and of petty misdemeanors committed by or toward' a person of color, between mas? t I ? ' >v< utiu outtmii, uciwoen master nnd apprentice, and between employer and laborer, ' and civil 6ui(B, involving not more than' twenty dollars, in which a person of color 1 is a party?his power in no case going bo' yond a judgment, fin? or forfeiture of twen ty dollars. He shall be specially charged with the supervision of persons of colorfin. ! his neighborhood, their protection, tho prevention of their misconduct and depredations, and n cautious regard to the peace, ! health and safety of his neighborhood. XXXII. Persons of color shall bo liablo to suits commenced by attachments, for? ' eign nnd domestic, as white porsons are in 1 like cases. Besides this, there may be, in the case of a person of color, a proceed! ing to be called a speciai attachment of tho following nature, namely : By any tax, a DHrfiOll of nnlfir ic in a/1 a f~ W .-?uv HIIUIU IUI It nun* ' pertain, tax collector, or olher person who 1 has a right to collect the sum certain, and ' who desires to obtain from a garnishee 1 what is supposed to ho in U?b hands be longing to such petsoo of color, tuay sue ' out a short EUtnmons against the garnishee, ! in or upon which the sum certain before ^ mentioned, with costs, and the amount or propci tj claimed to be ih the hands of the garnishee, shall be sot down, which summons a Magistrate may issue, if the amount : of money or value of properly claimed from the garnishee is twenty dollars or under, and the District Court must issue, if it is above that sum. The summons having ' been issued, the garnishee, if he acknowl9 edge his indebtedness to tho iiftraon nf i<nl?f 3 before mentioned, or his possession of 1 property belonging to hiin, inay pay to tlto ' plaintiff in attachment, if his debt to the person of color bo due, or give His note to . buclk plaintiff, if such debt be payable at a fnlure day, and may. surrender to such * plaintiff any choose in action or other prop| erty of tlio person of color in his possession, ' so ns to discharge the amount claimed | from him, pr so much thereof ne will satisfy the tax and costa, and the receipt of ! tho plaintiff in attachment shall be an ac? . quittance of the garnishee pro tante against the person of color. If the garnishee 1 should not acknowledge, pay, give, note 1 and surrender an above, to the satisfaction r of the plaintiff in attachment, the gar? \ nisliee shall, in obedience to the summons, ' make the return, on oath, to the Magistrate, 1 or District Court, as the e/ise may be, of 1 what, if anything, he owes to the person of f color, either presently due or pnyable in future, or has in liossession holnnnrrnrr I him. If the plaintiff should bo lh?u satisfied, the garnishee shall pay. give, note and ' surrender ns before mentioned ; but iif the ' plaintiff should be still dissatisfied, he and the garnishee, with other witness* (of whom the person of color may bo .one 011 either side,) aliall be heard, and orders respecting the matter between them bo made by tho ' Magistrate, or District Court, according to the truth as it may appear.' If the gar1 nishee should fail to make a return, or meet ' the trial, judgment shajl be rendered against I him lor the amount or value claimed from him in the summons. Any properly earrendered by a garnishee before or after 1 ?.;?i -i.-ii i - --i --- 1 ' - - P uiai, aimii uu buiu under ine order of .tbo Mngutrate or Court, and the proceeds ftpplied to the payment of tbe tax find costs, and the surplus, if any, shall be paid to . the person of color. For goods eloigned or wasted after service of tbe summons,, the garnishee who bad tbem in bis posseV sioti nhall be made answerable. Like proceodings may be bad upon any tecanu or Bulisoquent attachment; priority between various plaintiffs pursuingjtljej same garnishor being settled according to;fbe priority of the different dutes of different pttnq.ro<Rn>ea against him. XXX111". Questions of color and ca?t? shall, subject to tbe right of ^pptal ^on either side, be conclufively determined by a verdict rendered upon an issue of fact | joined a cuss of prohibition or manda? , mus. The writ in audi case may be grant ed, upon application -made by or In behalf i of ?ny person alleged to be a person of i color, against any SheriffMagistrate or other officer, who iB proceeding ina way ? that would be proper towai& a person of i color and not proper toward* white perj ton, or who refuses, at the instance of the.1 r person in question, .to.do what a white peri son shall have a right to demand to be i done. :It may be granted by any Judge of ) a Superior Goariy or by'^b^ij^dge of the ' ) District Court to whom district the officer 3 belongs, the burden of proof being, by the order of the iudge,4$brown upon that < party - Illlisimt.ffliom lit* nntnt** ?4 o ?|r??.?ww -?Hvu?wiry nwviv ' s ing to the jndgmeat^hlefr Jta .tnny form, t upon inspection of thepereon to queMfo*,* I. Affidavit* or doetatarffoi, {?he Jmm -abMl r be tried it) the Superior Court of Lav 'ft* the District aforesaid* Inspection of t)ie person in question, and of Ma kindred, ; testimony direct, or from tepatationj cofr*- ' ? ferning liis pniWage, and direct totttrnony . cortcaJNling- hi? conduct and reception In' * K&iety, rafty entet?nt?4lie a^ideta*.- The1 h AUcrnej'Oenorai i?r80lfck<?r|>fti?* Ci?-? I* ctfit ftliall, ex officio,. raprea??t the ' pdrly, r officer i a Usetiii^ ^* tot sncli^a ii ikittmM wfafctofot, * vk>0?l|r bAd, Incase .wherein la " , . ' *"V.