Page images

Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That from and after the first day of Court March next, a court for the hearing and determin- issi ing of causes of a civil nature, arising within the limits of the said city of Charleston, and for the trial of all offences against the by-laws of the city of Charleston, shall be, and the same is hereby con- . stituted, established and authorized, to be a court of record, possessing concurrent jurisdiction with the courts of sessions and common pleas, to the amount herein after declared and limited; and which concurrent jurisdiction with the court of sessions, shall be confined entirely to such offences as are against the by-laws of the corporation, and shall not extend to corporal punishment.

...And be it further enacted by the authority aforesaid, That the said court hereby erected, directed Tobe holand established, shall be called the Inferior City o Court, and be held by the recorder of the city of "" Charleston; and that the city council shall fix and provide such compensation for the recorder as may be fit and proper, and proportioned to the importance of his station; and which compensation shall not be increased or diminished during his continuance in office, to be paid by the city tax; and the said recorder shall hold his commission during good behaviour.

...And be it further enacted by the authority afore- said, That all issues, controversies and litigations Trials in in the said court, of which the value shall excecd said * the sum allowed by law for the jurisdiction of a;. y single magistrate, shall be tried by a jury, according to the regulations and forms prescribed by law, in cases of trial by jury; and to that end the city council of Charleston shall cause a jury box for the said city to be made, and a jury list to be provided for the same; from which box jurors shall be drawn, summoned and empannelled for the

trial of causes, in like manner, and under the same
penalties as are established by law and usage in
the court of sessions and common pleas: Provid-
ed., no venirc facias shall at any time issue for
more than twenty-four jurors, to serve at one
court, any twelve of whom attending, shall form
a jury; and in case of non-attendance of the jurors
so drawn and summoned, their places may be
supplied by talesmen, drawn in the usual mode:
but no person shall be liable to serve twice, until
all the names in the said jury box shall be drawn
out. All persons possessing the qualifications pre-
scribed for jurors by the laws of the state, and
usually residing in the city, or who have resided
therein for six months before their being drawn,
and there being at the time of being drawn and
summoned, shall be liable to serve as jurors in
the said court: saying and reserving to all persons,
all lawful cocuses and exemptions, as in the other
..!nd be it surther enacted by the authority afore-

Jurisdicti said, That the jurisdiction of the said court, shall

on thereof


and may extend to the maintaining of all actions, suits, and prosecutions for the recovery of any debt or sum of money arising on contract, express or implicd, and for offences against the bylaws of the corporation of Charleston: Provided, That Lo verdict or judgment in the said court shall xceed one hundred dollars in any one action, cxclusive of costs and charges: And also provided, That no suit or action shall be brought or maintained in the said court, unless the contract or cause of action hath becil made or arose within the limits of the said city of Charleston; and that between persons resident in the said city, or between persons resident and foreigners, or between foreigners at the time of said contract or cause of action, or citizens of the United States. But nothing herein contained shall be construed to bar any person from suing any person resident in the saidcity, in the saidcourt, foranysum notexceeding one hundred dollars, exclusive of costs as aforesaid.

...And be it further enacted by the authority aforesaid, That no citizen of this state, not having resided within the limits of the city for three months persons immediately preceding the commencement of the not liable suit, process or action, or who shall not have been ...” in the habit of residing there during four months in the year, preceding the commencement of the suit, shall be liable to be sued in the said court.

...And be it further enacted by the authority aforesaid, That the courthereby established and authorized, shall hold its term and sitting on the first Manner.of Monday in cycry two months, for the dispatch oil. business, and may continue to sit for any time, o: not exceeding six days; and all issues and business not then disposcq of, shall be considered as adjourned over to the succeeding term; and all motions for new trial, in arrest of judgment, and all other questions of law, may be moved for on the second Monday of each term, and the court shall and may sit three days for hearing and determining such motions and questions. All writs and process shall be issued by the clerk of the said court, and shall be made returnable to the first day of the term next succeeding the issuing of the same; and the .. upon entering special bail, if required, shall, in all cases, be entitled to imparl until the last day of the said term; at which time, or within ten days thereafter, the defendant shall file his plea or defence, in writing, with the clerk of the court, or the plaintiff may take judgment by default. Provided, That where judgments are taken by default between the first and second term, no execution shall be enforced thereon, till after the second day of the succeeding term; and the defendant may, at the mecting of the court, on the first day thereof, move to be let into any substantial defence, upon condition of pleading issuably instanter, and going o trial during that term,


Power of the court defined.

Not to try titles to land.

Appeals may be made from decisions therein.

And be it further enacted by the authority asfiresaid, That the said city court of Charleston, shall be, and it is hereby invested with power and authority to grant rules; to hear and determine motions for new trial, in arrest of judgment, and all questions of law arising out of causes within its jurisdiction; to issuesubpoenas for the attendance of witnesses; to grant commissions for the examination of witnesses; to issue executions of fieri facias, against the real and personal property of defendants; to issue writs of capias ad respondendum, and also

writs of capias ad satisfaciendum; to punish for

contempts; and also all other the usual process,
according to the known and approved rules of
the common law, and of the acts of the assembly
in such cases provided. But it is hereby declared
and provided, that no process or writ, issuing out
of the said court, shall extend or be of force for ser-
vice or execution out of the limits of the said city,
except commissions to examine witnesses, and that
all writs shall be served and returned ten days be-
fore the sitting of the court aforesaid.
...And be it further enacted by the authority afore-
said, That in all controversies where the title of
lands shall be brought directly into question, so as
to be a material part of the issue, the said court
shall not hold pleathereof, or proceed thereon, but
the cause shall be moved by certiorari into the dis-
trict court, and the plaintiff shall be obliged so to
remove it, or a nonsuit be entered against him, and
costs of suit taxed, as in other cases of nonsuit.
...And be it further enacted by the authority afore-
said, That whenever any party shall think himself
aggrieved by any decision or proceeding of the
said court, it shall and may be lawful to appeal to
the judges of the court of common pleas, by cer-
tiorari, writ of error, or bill of executions; and
the said judges shall revise and consider the same,
and make such order therein as may be conso-

nant with law and justice. Writs of mandamus

and prohibitions shall and may issue from the courts of common pleas and sessions into the said court as usual. *...And be it further enacted by the authority aforesaid, That it shall be lawiili for the intondant and How the t wardens, and the said recorder, to prescribe, and F.” from time to time to regulate the practice of the o be resaid court, and of the attornies therein, conforma-gulated. bly to this act, and as nearly as may be to the forms and rules used in the courts of law in this state. ...And be it further enacted by the authority asbresaid, That fees of attornies, and of the clerk and Fees of sheriff in the said court, shall be, in all respects, i. - clerk and the same as are now allowable by law in the sum-ji. mary jurisdiction of the court of common pleas, to which it shall and may be lawful for the city council to prescribe and add any sum not exceeding one dollar, on each cause, to defray the extraordinary expenses, which the said city may incur by reason of the establishment of the court hereby established. And be it further enacted by the authority aforesaid, That the said recorder shall not be permitted Recorder to plead in a superior court in any cause which has. been argued before or adjudged by him; and that !o any person shall have a right to appeal from the cases. judgment of the said court to the superior court of oath to be sessions or common pleas within the said district, . on making oath that he veily believes he has sub- * ant, stantial justice on his side, and that he does not apI merely to delay the operation of law and justice. ...And be it surther enacted by the authority asbresaid, That justices of the peace and of the quorum, Jurisdictoexcept in the city of Charleston, throughout the *: state, shall have jurisdiction in all cases of debt, j secured by bond, note or bill, or liquidated account, to the amount of thirty dollars: Provided always nevertheless, That all judgments to be given by magistrates as aforesaid, for the sum of thirty dollars, shall not be enforced under threemonths,

« PreviousContinue »