Newspaper Page Text
VOLUME mvi,]
B0l T GHTOX,XISBET,BARNE''&MOORE
publishers and Proprietors.
, x isr»i'fiiiTOX,
ton. h. sjs*Er,
Editor*.
Sjie Jfebtnl Union
J? yuh'ishtd Weekly, in Mdhdgevitle., Ga.,
Corner of Hancock Wilkinson Sts.,
$3 a year in Advance.
ill
advertising.
Tm*st**T —One Dollar per square of tenlinesfor
a ; n^^rfion.
TriSntiiS re*pect. Resolution* by Societies. {OV.t-
, „ 5 ►Jjnjf *ix line*, Nominations for office Com-
IV a" insol E litorial notices for individual benefit,)
"‘rieda.lr«»r>^a*lv e rti*ing.
Legal Advertising.
s l#I .ff’s*!al^-P erlev y often lines, or less,
“ Mor!i.'-".? e fi fa sales per square,
T%x 0,„\lectorV Sales, persquare,
C/i'.fions f'*’ Loiter* of Administration,
<< •• “ Guardianship,
j el : () fapplication fordism’u from Adm’n
Guard’n
$2 50
5 00
5 00
3 00
3 00
4 50
3 00
5 00
3 00
5 00
J 50
3 00
1 00
Aiipl’n for leave io sell land,
X.itic-n to Debtors and Creditors,
S-.ioJ of land, .Vc.,p’r square,
pdrUS.able property, 10 days, per square,
p.truT Notices. 30 days,
foreclosure of Mortgage, per sq.. each time,
LEGAL ADVERTISEMENTS.
of Laud, &n., bv Administrators. Executors or
(ViarJrans are required by in-.v to be held on the first
Pieidav in the month; between the hours of 10 in the
# ouoon and three in the afternoon, atthe Court house
ntV c iRiitv in which the property is situated.
No : ce of these sates must be given in a public ga-
setfe Id davs previous to the day of sale.
X„tices for the sale of per*ona! property must be
like manner 10 days prevunn- tosale day.
Notices to the debtors and creditors of an estate
mast aiso be punished 40 days, | .
Xoticu* that application will De made to the t onrtof * niatters of fact according to law and evi-
Ordinary tor Wvetosell Land, Sec.,must be publish- ^ apd will only receive my lawful
* d for two months. . , r* j ,»
Ctinlion* for letters of Administration Guardianship, fees of office. bo help me Lod.
6lk. must he published 3lt days-for dismission from I M *
Adminiitration, monthly *tr month*—for dismission
from Guardianship, 40 days.
Rules for foreclosure ot Jl >rtgage must b<-published
* n/hhf for four month*—for establishing lost papers,
'-,r the fnil space oj threw month*—for compelling titles
on Executors or administrators, where bond has
he oi given t»y the deceased, the full space of three
Pibli : at ions will aHvays be continued a^eordirp'o
* the legal requirements, unless otherwise or-
Organization of County Courts.
We publish below the draft of a bill, presented
to the Legislature by the Committee appointed to
prepare a System of Laws, touching the rights
and control of Freedmen in this State, in refer
ence to the organizatiju of County Courts. Other
portions of the Report of the Committee are very
interesting, and important, but as the Legisla
ture may change or modify the recommendations
in important particulars, we prefer to await its ac
tion in the premises, before publication.
ARTICLE II.
ORGANIZATION OF TUE COUNTY COURT.
Section 1. A Conrt shall be organized
in each county in this State, to be called
the County Conrt, the Judge of which
shall be entitled the County Judge.
Sec. 2. The County Judge shall be
elected on the first Wednesday in Janua
ry. 18 , and every fourth year there
after, and shall in all cases hold his office
until his succesor is elected and qualified.
Any vacancy in the office shall be filled
as in case of the Clerk of the Superior
Court, (as provided in § § 251, 252, of the
Code,) upon fifteen days notice.
This officer shall be commissioned by
the Governor: give bond for the faithful
discharge of his duties in a sum to be fixed
by the Justic es of the Inferior Court of the
Comity, and take the following oath of !
office, viz:
“I do solemnly swear that during my I
continuance iu office, I will faithfully dis- ■
charge the duties of the County Judge, of j
the County of * , to the ,
best of my skill and knowledge, according !
to law; that I will administer justice im
partially without regard to race or color,
wealth or influence; that I will decide
ILLEDGE VILLE, GEORGIA,
duties during such vacancy. If the Coun
ty Judge cannot try any case by reason of
sickness, absence, or disability arising
from interest or relationship to a party, it
may be tried if a civil case by the Ordi
nary, and if a criminal .case by the Mayor
or presiding officer of an incorporated
town. If the Ordinary or Mayor cannot
for any reason try such case, then it may
he heard and determined, whether civil or
criminal, by three Justices of the Inferior
Court of the County.
Sec. 10. The Sheriff and his deputies,
when required by the County Judge or
Clerk, shall execute any writ, precept, or
order of the County Court or Judge, as if
from the Superior Court, hut unless on no
tice need not attend the daily sessions.
For cases in the County Court within the
jurisdiction of a Justice’s Court, the .Sher
iff's fees shall be the same as a Constable’s.
In other cases they shall be the same as
in the Superior Court. For summoning a
jury for the semi-annual session, three dol
lars; for the daily Court, one dollar.
Sec. 11. Bailiffs may be appointed by
the County Judge, not to exceed four in
number, of whom one shall be called speci
al bailiff. They shall each give bond in
a sum to be fixed by the County Judge-
he sworn to the faithful and impartial dis
charge of their duties; and their appoint
ment and removal he entered on the min
utes.
One or more temporary bailiffs for par
ticular occasions may also be appointed,
who need not give bond, but must be
and notice to the parties, it is held for a
special case at some other place in the
Connty. The rules of practice of the Su
perior Court apply, unless specially ex
cepted. . ' _
Parties.
Sec. 22. An infant person of color may
sue or be sned, and be served with process,
summons or other notice as an adult, but
it shall he the duty of the Court, when I
there is no guardian or next friend, to ap- J
point some proper person to represent
such infant, who may be either the friend
of the infant or the County Clerk.
Sec. 23. A married woman, being a
person of color, authorized to contract
separately, may he served with process or
notice as a single woman, and appear in
person or by attorney in case arising on
such contract.
Sec. 24. A party plaintiff dying, upon
application of the widow or any person
next to kin of such plaintiff, the Court
may, in its discretion, appoint some suita
ble person representative of the estate for
such cause. In like manner, a represen
tative may he appointed, the party defen
dant dying, upon notice to the widow, or
adult, person next to kin of da eased, or to
the nominated executor, if in the County,
or if noifb iu the County, then without
such notice.
Sec. 25. An attorney engaged iu any
Crise by a deceased party in bis lifetime,
may (without the appointment of a repre
seutative, or other proceeding to make
j sworn, and their appointment entered on , P^ies,) continue to represent the interest
! the minutes. In cases within tliejurisdic- | f. tl,e e *? tatc ’ an , d S,,a11 Le 1 res P 0Uslb,e for
tion of a Justices Court, a Bailiff’s fees | ,1S . conduct t0 P™Per legal represen-
: shall be the same as a Constable’s and in at ' ve w en appointed.
; other cases the same as a Sheriff’s. I S J ec ; 26 ‘ A y ou , rt contract shall be re-
| Sec. 12. Jurors, eighteen in number, of ! g. arded asa sult i always peedmg. and par-
! whom twelve shall serve, shall be drawn I * ,es m '?^ T made at aii 7 tune uu ^ er die
for the 6emi-annual sessions, at each teira ! 01 ®£ 01, |£PL~ vlaIC ! ns *
lie shall also take the oath of fidelity - for the next, (but incase of failure the j , V V* ’ dIie 111 such oases
to the Constitution, &c., prescribed in § drawing may take place at any time thir- I a p for or against tlie estate of the
134, of the Code. ty days or more before the session,) by ! ^ceased party Whenever the Judge is
Sec, 3. The compensation of the Coun- the Connty Judge from the Inferior Court t satisfied tIiat dela y ls necessary to justice,
iall he a salary of two hundred Jury box, according to the usual practice [ , e n,<1 - &' ,an 1 on suc term* as to no-
Bttok a;:i Job work, of all kinds,
PROMPTLY AND NEATLY EXECUTED
AT T Si I M <» I' IT C E .
•rp* When ,i subscriber finds a cross marl: on
« paper he will know that his subscription has
' ipiv-,1. or is about to expire, and must be renow-
tl if be wishes the paper continued.
•7’We do not send receipts to new subscri-
:• v If they receive the paper they may know
i..v, have received the money.
;7” Subscribers wishing their papers changed
frim one post-office to anotheT must state the
ivne of the post-office iroin which they wish it
•banged.
ty Judge si
ars,
with his fees upon such contracts as by law as if the jury was drawn from the Inferior
are called Court Contracts, and upon cler- Court.
ical work not connected with a judicial, Sec. 13. Either party desiring a jury in
proceeding, and one half of all costs here- any civil case in the daily Court, shall
inafter described as Jiidpu’s costs. give three days notice thereof to the Coun-
•Sec. 4. No disqualification for holding ty Judge, or Clerk, and pay in advance
the office of County Judge shall arise the Jury fee of three dollars, which fee,
from being Clerk of the Superior or Infe however, may be recovered as costs. The
dollars, to he paid hv the State, together in drawing juries, preserving tlie rotation < |* ce or ^'| lCl w ^ se ’ as ma } think just and
General Course of Proceedings.
' Sec. 28. In all civil cases before the
I I>aily Court, not hereinafter excepted,
j the plaintiff shall procure from the Court
I a summons, in which shall be set forth the
1 ground or grounds of complaint, the time
1 and place of trial, and the time within
VODTIaG HOUSE CALENDAR, 1866.
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rior Court, or Ordinary, 01 from holding
any other office not involving duties in
compatible with the duties ot the County
Judge. He may, if an attorney at law,
practice in cases never connected with his
own Court, hut cannot have a partner who
practices in the County.
• Sec. 5. The Connty Judge may issue
bail process in civil cases, admit to hail
in criminal cases, issue attachments, fore
close mortgages on personal property, issue
warrants of distress for rent,' possessory
warrants, writs of Habeas Corpus, and
other writs or warrants not within the ex
clusive jurisdiction of some other Court or
officer. He may attest contracts, or deeds
for registry, administer oaths, and exer
cise all the powers ofa Justice of the Peace
in matters civil and criminal, issue war
rants requiring offenders to be brought be
fore him or some other Judge, or some
3 1 5 6 7 8 9 Lccem. | 2
, n i- rr 14 15 16 9 10 11,12 13 14 15
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|30j3J
l ain of I oufcdrrale C«»rre»<-y.
T. "filature of North Carolina having ap-
'iitcd a j int selact c >ninriittee to determine and
ort upon til** proper rate of gold as compared
h Coi.f, derate currency during war, the com-
, '-c made the following report:
The joint select committee, to whom was refer-
a resolution on the scale of the depreciation of
federate currency, state that they have had
•xme under careful consideration, and after
- deliberation, ask leave to submit the tol-
'»g report:
Confederate Prices of money from May 1,
186), to May 1. 1865.
'10NTHS. j 1861
1862
1863 | 1864
1865
hiBary .. ^
.$1 20
$ 3 00 $2100
950 00
J 30
3 00 21 00
56 00
..
) 5U
4 00; 23 00
60 00
1 50
5 00; 20 00
100 00
v $
1 10
1 50
5 50' 19 00
J JO
1 50
6 50 18 00
Y "l
1 10"
1 50
9 00, 21 OO
.’U8t... .
1 10
] 50
14 00! 23 00
aiber.. .J
J 10
2 0<.
14 00| 25 00
Mr
l 12
2 00
14 00, 26 00
'eiiilifcr. ..
1 If.
2 50
14 00 30 00
■"uibor
1 20
2 50
20 00,
’« 1. to ]<>!..
I 35 00
1 l' 1 , to ii»«..
; ' c - 20 to tiG[ -
r
......
42 00
49 00
‘ be sc ale includes the entire month, from the
■’ to the last day, except tlie month of Docem-
>"64. which is divided into three parts onac-
’“l of rapid depreciation.
C. L. HARRIS,
For the Committee.
(f foregoing will be valuable for reference,
I may 1)« regarded as a precedent by the Leg-
Ot onr State, when it shall take action on
(‘"•same point.
, n EAT0ST0N HOTEL.
I RE Subscriber has opened the Ea-
r* ,1 f ' Jn '' or accommodation
; , e public. Travellers and my friends
( invited to give me a call. Hacks
• :-t in readiness for Madison in time to connect
ears. WM. O’BRIEN. ■
,St Pt 27, 1865.* • 9 *3t.
m.
Justice, and sit singly or in conjunction
with others as by 1 iw required cn a Court the proceedings of the Daily Court. Its
of Inquiry. r I he foregoing enumeration powers to punish for contempts shall be
is not exhausting, hut the C ounty Judge the same as those of the Superior Court,
may in general exercise in all such pow- an( i t} ie general provisions of the Code
ers as are granted to him by law, or essen- f ron] § 197 t 0 5 §03 inclvsive, concerning
tial to the functions granted. 1 the powers of a Court, apply to it.
Sec. 6. The County Judge shall by Civil Jurisdiction and Practice.
himself or Clerk keep a strict account of. gec 16 The provisions of C ode
all costs described as Judge’s costs and concerning amendments, from $3,410 -to
of all fines, forfeitures and piocee s of a- §3^30 inclusive, and concerning defences,
bor under sentence, and other moneys lrom § 3 >381 lo | 3f388 j nc l us ive, apply to
w hich come to liis hands as County Juc ge, t j )0 Q uun fy Court at either session. The
oj his Clerk in bis official ciaiacter, j ur j s ^j c ti on exercised at its daily and semi-
and shall pay over the same to the Coun- annua l sessions varies, a3 hereinafter ex-
ty J reasurer, and report such receipts and j p] a j ne< J
payments to the Grand Jury of the Conn-1 V * Daily Scssions .
Sec. 17. The Daily Court shall be al-
iudex of all Court wa J s °P eD > to hear and determine all ca
ses arising out of the relation of Master
and Servant, whether suits for wages, ap
plications to enforce performance, or for
other purposes; also applications for the
Judge or Clerk shall thereupon have a ju-j which to serve the summons. If
ry sommoned of five men, the officer j-elec- time for service is named, if must not
ting persons, as faras may be convenient, J less than five days before trial, and if
residing not more than eight miles from j place is fixed, it shall be understood to
the Court House. No juror shall serve at
a daily Court more than once in three
months, unless by consent of parties and
his own consent, which shall be sufficient
ly shown by failure to object.
►Sec. 14. At either session tales jurors
may be sammoned as needed, and all ju
rors in the County Court shall be paid as
iu the Inferior Court, upon the Judge’s or
Clerk's certificate of service.
Sec. 15. All the officers oftbe County
Court shall be responsible for their good
conduct as such under the same rules as
officers of the Superior Court. It is a
Court of Record, and the proceedings at I , . ...
the semi-annual sessions shall he recorded aav ' t specified in § 3,985 of the Code,
As in the Superior Court, but the dockets then, provided, that he does not set up
and minutes shall be a sufficient record of
he
no
be
the usual place of holding Oourt.
Sec. 29. In suits between Master and
Servant, or by landlord against tenant
holding over, and in other suits for twenty
dollars or less, the action may be commen
ced by a summons from the plaintiff to the
defendant, requiring him to appear at the
County Court on a certain day, which
shall not be nearer than the second day af
ter personal service, or tho fifth after ser
vice at the defendant’s residence, to an
swer certain complaint set forth in the
summons. Jfupoa appearance ofa per
son alleged to be a tenant holding over
his term, such person shall make the affi-
vant, and in other cases in which not more
than twenty dollars is claimed, they shall
be granted only on terms as hereinafter
set forth.
Sec. 36. Trials shall be had on the dav
of appearance, unless on cause shown tor
continuance. The rules of the Superior
Court apply as to opening and closing
the case, hearing or rejecting testimony,
and the like, unless specially excepted.
Sec. 37. The Testimony of eithhr party
shall be competent in cases between Mas
ter and Sorvaut, and in all other cases
w hich it between white persons would he
within the jurisdiction of Justices’ Courts.
Sec. 38. The County Judge may in
his discretion take the testimony of a'wit-
ness In the presence of the parties, or in a
civil case, of their counsel, and discharge
tne w'itness, notwithstanding the case
may not be ready for a final hearing : a
memorandum of such testimony shall he
made in writing, and read over by him iu
presence of the witness and the parties, (or
counsel, aa above,) and signed by him at
the time, which memorandum may he
read in evidence at the instance of either
party.
Sec. 39. The costs of unnecessary or
superfluous witnesses may he taxed by
the County Judge against the person in
troducing them, in cases civil and criminal.
If either party in the presence of the
Judge admits any fact material to the
case, a note of such admission may be
made and signed by the Judge, and no
witness to that fact shall he considered
necessary, and if any be already iu atten
dance they may be discharged.
Limitations.
Sec. 40. Actions, not on written con
tracts, for or against a person of color,
must be brought within twelve months af
ter the accrual of the cause of action, un
less some disability intervenes, and in such
cases within twelve months from the remo
val of the disability. Tho time durin
which the defendant absconded or con
coals himself shall not be computed. An
I action begun, and in which there has been
a non-suit, discontinuance or dismissal,
may he renewed within three months.
Actions for forts must he brought within
three months.
Hoc. 41. Verdicts or Jucftrmuds may
he so moulded as to subserve the ends of
justice, and may he either for a sum cer
tain, for the delivery of specific property,
I for the eviction of au intruder, the per-
‘ formance of * Court contract, or have
Such other form as to the Judge may seem 1
just and proper, and may in his discretion
be in the alternative.
Sec. 42. The execution of orders foun
ded upon a Court contract, may be enfor
ced by process, as lor contempt, whenev
er the Judge deems it necessary. Stay
of execution may be granted as in the Su
perior Courts, except in cases between
master and servant hereinafter provided
for.
'f the defense be manifestly frivolous or
vexations. Damages to the plantiff may
amount to five dollars, although twenty-
five per cent of the claim would fall short
of that sum.
t"V '**“**'* ""■j — --- j
ty at the 6emi-annual sessions of the Su
perior Court.
He shall keep an
contracts filed in his office, and a list of all
certificates and discharges granted by him
according to law, which index aud list
shall be open to public inspection. It I . . t -
shall be his duty to provide a seal for the 1 eviction ot trespassers, intruders and ten-
County Court, to he used when necessary | ants holding over; for the partition of per-
by himself or the Clerk, and until such
seal is provided, the private seal of the
Judge may housed.
Sec. 7. The Clc:kof the County Court
may be either the County Judge himself,
or an officer appointed by the Judge, re
movable at his pleasure, to be paid by him,
and for whose good conduct he is respon
sible. It shall be the duty of the Judge
to have a Clerk in office in case of his own
sickness, or absence. The appointment
and removal of the Clerk, unless it occurs
by reason of vacancy in the offiice of
Judge, shall he entered on the minutes;
he shall be sworn to the faithful and im
partial discharge of his duties; and shall
he competent to discharge all of the duties
of the Judge not Judicial in their charac
ter.
Sec. 8. The Clerk, or the Judge acting
as such, shall keep the minutes of the
Court, record its proceedings so far as re
quired by law, issue its orders and pro
cesses, and keep proper dockets, viz .* one
subpoena docket, and one execution dock
et, which shall be for bo.th sessions of the
Court. For the daily sessions, one docket
of civil cases generally, and one for cases
between master aud servant; also one for
criminal cases. For the seini-amioal ses
sion, one common law docket, one docket
for claims, motions, illegality and other
like proceedings, and any other dockets
for either session the .Judge may direct.
Sec. 9. In case of the death of the
County, Judge* or of any vacaney in the
office, three Justices of the Inferior Conrt
of the County may appoint a County
Clerk, who shall give bond iu such sum as
they may prescribe, and make oath as
such Clerk, and discharge all micisteral
sonal property; for the trial of possessory
warrants; or proceedings under distress
warrants, Habeas Corpus cases, and all
other civil cases, in which not more than
one hundred dollars is claimed as dama
ges, or as principal sum due. The juris
diction of the County Court when a per
son of color is a party, shall exclude the
jurisdiction of Justices’ Court, unless the
person of color shall waive his privilege to
be heard in the County Court.
Sec. 18. Under the powers conferred
upon him, the County Jndge may try any
case of forcible entry or detainer, for the
abatement of a nuisance, or the grant of a
private way and the assessment of dama
ges therefor; a jury in each case being sum
moned as by a Justice iu like cases.
Sec. 19. If a County or the Inferior
Oourt thereof, or any corporate town, shall j jj 16 gammons.
title in himself, tlie Court may proceed at
once to try and decide the issue. If eith
er party desire- a jury, the proceedings
must conform to the directions contained
in § 14 of this Act. If the alleged ten
ant shall fail to appear, and the Court be
satisfied that he had received notice in
terms of this act, or if appearing lie shall
fail or refuse to make oath as aforesaid, or
making the same the issue shall be deci
ded against him, the Court shall issue a
warrant or order to some officer of his
Conrt, with direction? for tho removal of
such tenant from the premises, and the
delivery of the same to the owner or his
agent. But if the alleged tenant shall set
up title to himself iu said premises, then
the Court shall return the issue to the next
term of the Superior Court, for the county
lo he tried as provided by § 3,987 of the
Code.
Sec. 30. To prevent the abuse of the
summary process provided in the above
section, any person, whether the plain
tiff or a third person who shall serve or
procure the service of such a summons
otherwise than in good faith, shall be pun
ished as for a contempt by fine not excee
ding twenty dollars, or imprisonment not
to exceed ten days. The faiiure of the
plaintiff to appear by himself or attorney
to prosecute his claim, shall prima facie
evidence against the person serving the
summons.
Sec. 31. In any case in tho Daily Court,
a summons may be served by the party or
other person, of by an officer, and service
by the party or unofficial person may be
proved by his oath, but if the defendant
appears, no proof need be made.
Sec. 32. If the defendant fails to ap
pear, the case may proceed cx parte, un
less the Judge deems delay necessary. If
he appears and defends, a brief of the
grounds of defence shall be entered upon
Terms of Dilatory Proceedings.
Sec. 52. Iu suits between master
and servant, the defendant shall not
be allowed to continue the same, or to
delay payment by any proceedings,
such as appeal, certiorari, new trial, ille
gality, stay of execution, or other dila
tory proceeding, except upon the
terms following, viz: that he shall
make such payment in the nature of
alimony, for the present support of
the plaintiff or his family, out of any
suui or property he admits to be due,
as to the Judge may seem reasonable
and just, unless upon affidavit that
nothing is due. The proceeding or
case delayed shall, if properly to be
tried before the County Court, be
brought to trial within ten days, un
less on cause shown for continuance.
Semi-Annual Scssions.
Sec. 53. The semi-annual County
Court shall have concurrent jurisdic
tion with other Courts of law, iu all
civil cases ot which exclusive juris
diction is not vested in some other
Court, including jurisdiction in legiti
matizing persons, changing names,
and granting corporate privileges.—
Tlie sessions shall be held at such
times as may bo appointed for each
county respectively by the General
Assembly. The Court shall proceed
under the rules of the Superior Court,
unless specially excepted. Appeals,
us from the Inferior Court, mav be
* 1 taken to the Superior Court*
Criminal Jurisdiction.
Sec. 54. Tlie criminal jurisdiction of
the County Court is exercised at its
daily sessions, arid extends to all of-
j fences by jtersons of color of which
I exclusive jurisdiction is not vested hi
I some other Court, and excludes the
! jurisdiction heretofore vested in Jus-
| tices of the Peace, as to the trial of
such persons, and the jurisdiction vest
ed, by virtue of section of 4724th of
the Code, in the Mayor, Recorder, or
Intendaut ot any incorporated town.
Sec. 55. If any offence is charged
which is within the jurisdiction of the
County Court, upon the trial of which
it shall appear that the crime com
mitted is of a grade beyond its juris
diction, the trial thus begun shall be
regarded as if before a Court of Inqui
ry, and the Court shall dispose of the
case accordingly.
Sec. 56. Any while person accused of
an offence not within the exclusive
Sec. 43. In the sale of property under
execution or other order of the County
Oourt, or Judge, the time aud place of
sale and the advertisement may bo as pre-,
scribed in the Execution, or in any order ! jurisdiction of some other Court, may
issuer! by the judge, provided, that unless ! make a written demand for trial in the
the property be perishable or expensive j County Court, expressly waiving in-
to keep, not less than ten days notice J dictment and trial by jury, and upon
s lall be given. Unless differently order- j demand, it should be the duty of
flw ! “ !. i the County Judee to appoint a
under execution or order for sums excee- j i 5 , r ,
ding fifty dollars, shall tic as in tlie Sune- da -T W,t . h,n SeVeD thereafter,
rior Courts, and for fifty dollars or less, as \ and to 8 lve notlce tLereol to the ac-
in Justices’ Courts. j cuser, if there be none, or to his at-
Sec. 44. An appeal may be taken to a | torney, and if there be no accuser, to
jury from any decision in the daily County ; any other person whom he may deem
Court in a civil case, by payment of costs it important to notify. In cases pre-
and °f the jury fee, as provided in section sen ted by a Grand Jury, notice shall
o ° aT?*'**; / <1 , ! be given to the Solicitor General of
may be award"" if'.ho Td£*h Clisfied ' J* 1 ® Ci . r « ui ‘- ., °“ * h ®. **7.
that justice requires it. Want of notice of! the tnal shaI1 P™eeed, unless COUtm-
- the first trial, or absence of thh party j ® ed for cause from time to time, and
without fault, shall be a good ground for { the effect of acquittal or COUvic-
a new trial, or an affidavit of illegality.
Sec. 46. A certiorari may be had upon !
the application of the party complaining
of error to the county Judge, with notice
to the opposite party or his attorney, sta
ting the grounds of complaint, and giving
a brief of the material evidence, upon
shall be the same as upon
in the Superior Court, and in
lion
trial
case of conviction, the sentence shall
be executed in the same manner.—
Sections 39th and 40th of this article
ayply to criminal as well as civil cases,
which it shall be the duty of the Judge! provided that in all cases the accused
shal 1 be confronted with the witness,
and the right of cross-examination be
accorded to him.
Costs and Fees.
Sec. 57. In cases not specially ex-
to procoed as under a writ of certiorari,
to certify tho proceedings of the County
Court to the Judge of the Superior Court,
within ten days after such application, aud
the Judge of the Superior Court shall h«*ar
and finally determine the same at Cham
bers, or at the session of the Superior' cepted, the Judge’s costs in the semi
Court, as may seem proper. i annual Courts shall be the same as
Sec. 47. Applications for appeals, new
trials, or certiorari must be made within
uhose of the Clerk of the Superior
,, , . . , , and Inferior Courts for like services,
four days after trial, and in eases between ( j Q in the dui)y Co urU, if the
master and servant, and m any other cases . , r
iu which the Jndge shall deem it juft or claimed exceed fifty
compliance with the provisions of section collars, then two-thirds of such costs,
make any rules and regulations not incon
sistent with the Constitution and laws of J
the United States and of this State, to be
enforced by fines or other penalties, and
confer jurisdiction in the premises upon
the County Court, the latter shall exer
cise such jurisdiction at its daily sessions.
Sec. 20. The award of arbitrators, or
if the parties select but one, of aringle ar
bitrator. may be made the judgment of the
County Court, and by consent of parties
appearing on the papers, the award may
to save expenses be filed and not recorded
on the minutes.
Practice.
Sec. 21. The Daily County Court shall
be always open except on the Sabbath
day. It shall be held at the Court House,
or at some other place approved by the
Justices of the Inferior Court of the Coun
ty, unless by appointment of the Court
Sec. 33. Proceedings under possessory
warrants, in Habeas Corpus cases, and
other cases usually tried at Chambers,
shall be the same before the Couutv
Judge as before other Judges exercising
like jurisdiction, and the Judge may de
termine the mode of citing the party, and
the time and place of hearing.
Sec- 34. Attachments, claims, and like
proceedings, returned by any Justice or
other officers to the County Court, shall he
returned for trial to a day not less than
ten days after the issuing' thereof. If is
sued by the County Judge,. and returna
ble to bis own Court, the Judge may pre
scribe any day for the return, in his dis
cretion.
Sec* 35. Continuances in other cases
may he allowed under the same rules as
in the Superior Courts, hut in cases of
Court contracts between Master and Ser-
53d, concerning dilatory proceedings, shall
be required.
See 1 48. Claims to personal property,
under any execution or order issued from
the County Court, or to personal property.
and it not over fifty dollars, then one-
third of such costs shtfll be taxed as
Judge’s costs. The Judge’s costs in
criminal cases shall be two dollars for
. , ... - - ,- | every case beguD, and two dollars
at any aale to which a free color | for eve „ ca8e trie J or tran8 .
as a party, or ill winch tho parties elect, n„.._ „
the County Court for trial, shall he tried ;
as iu the Superior Court, except that no
jury shall be provided, unless required un
der the provisions of section 14th of this
article.
Sec. 49. Attachments may be tried un
der the rules of the Superior Conrt.
Sec 5U. I he County Judge granting
an appeal, or a new trial, may assign any
day for the trial, in his discretion, allow
ing reasonale time to the parties, and ma
king no unnecessary delay.
Frivolous Actions, Defences and Delays.
Sec. 51. In any case between master
and servant in the daily Conrt, the Judge
shall (and iu other cases he may in his
discretion) award damages to the defend--
ant in a sum not to exceed the costs, if the
action shall be manifestly tvivolous or vex
ations ; and in like manner to the plantiff,
damages of not los6thau teu nor more than
twenty-five per cent of the sum claimed,
mitted to the Superior Court. The
Judge’s costs for cases in which dis
charge or special performance is pray
ed, or other like case not claiming
money, shall be two dollars for each
case, and the same for the foreclosure
of mortgages, the partition of person
alty, the removal of intruders, tres
passers, or tenants holding over, and
the trial of claims; also for the certio-
rai i of any case. For case of forci
ble eutry or detainer, abatement of a
nuisance, or grant of private ways,
three dollars. In other proceedings
usually tried at Chambers, such as
possessory warrants, Habeas Corpus
cases and the like, three dollars. In
case* in which no fees are prescribed
by law, the Ordinary, or any three'
Justices ol tlie Iuferior Court, may
[Concluded on 4.th pogc.]