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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. A— ——, — ~ < ^2 -1' w' i 3 4. Zs 5W 30 31 4 5; 6 7 :i 12 13 M 1 jyiy 20-2! 2} ■lb 26 2; 28 I 1 ; 1 j 4 5 C 7 f« — r. ~ - • ■' i 5" • ,'w: ; | • 1 * C 2 ' ti 1 _*_! 5 6 JULT. | 12 13 19 20 j: 26 27; . - L ! aj 3 : y 10 Augcst* u: irl I 23 24; i 1 ! 2 2 9 in Sett’r 16 17 t X ' * 2 s -ti ^ '£■ is = ; s J] -;g | 5 1 e. .• 12 3 4 5 6 7 8 9 101112 13 14 15^0 17 l£> 19 JO 21 22 23 24 25 26 27 28 zy 30,31] ,1 « J 1 7 8 |i8 19 20 21 2’.‘ 23 24) ■*-, 26 27 28 29 30 Gl| 2 34 „ 6, 7 B 9 10 11 jo! 13 14 15; 16* 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31: 3; 4 1 5 6 7 1 8 .j 10T1 12 13 14 15 18; 19 20 21 22 23 24 25,26 27 28,29 PS1L , U * % 4PH 8 9 10 U 12 13 14 17, 16 17 18 19 20 21; 22 23 24 23 26 27 28 129 30 : 'll l»T. 1 2 31 4 5 G 7 K <1:10 1! 12, 13 14 15 16 17 18 19 20 21 22 23 -4 25-261 •27 28 29 30 31; | 1 1 ■']■*' 6 7 0ctob’» 1 Nov • 30 1 2 3| 4 5. 6 8 9 10 11 12 13 ju 15 16 1718 1920 ,2122 23,24.25 26 27 j23'29 30 31! I • I I ) 1 2 3 V 5 6 7! 8j 9 10 1 jf 12< 13 14-15 16,17 118 1920 21 22 2334 125 26 27 28 29 301 * ’»«!*! 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 11 KU.it.iauo,. ' 16 17,18 19.20 2133 19 2021 22 23 28 29 30 1 I .1 J 23 24 2-5 26 27 28 29 |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.]