Lished.

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- estabing 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 constituted, 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 To be holand established, shall be called the Inferior City den by the recorder. 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 aforesaid, That all issues, controversies and litigations Trials in in the said court, of which the value shall exceed said court to be by the sum allowed by law for the jurisdiction of a jury. 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 empanelled for the

designat

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: Provided, That no venire 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 All persons possessing the qualifications prescribed 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: saving and reserving to all persons, all lawful excuses and exemptions, as in the other

out.

courts.

And be it further enacted by the authority aforeJurisdicti- said, That the jurisdiction of the said court, shall on thereof and may extend to the maintaining of all actions, ed. suits, and prosecutions for the recovery of any debt or sum of money arising on contract, express or implied, and for offences against the bylaws of the corporation of Charleston: Provided, That no verdict or judgment in the said court shail exceed one hundred dollars in any one action, exclusive 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 been 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

said city, in the said court, for any sum not exceeding one hundred dollars, exclusive of costs as aforesaid.

therein.

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 to be sued 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 court hereby established and authorized, shall hold its term and sitting on the first Mannerof Monday in every two months, for the dispatch of proceed ing in the business, and may continue to sit for any time, said court. not exceeding six days; and all issues and business not then disposed 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 defendant, upon entering special bail, if required, shall, in all cases, be entitled to impart 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 judg ment 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 meeting of the court, on the first day thereof, move to be let into any substantial defence, upon condition of pleading issuably instanter, and going to trial during that term.

And be it further enacted by the authority aforesaid, That the said city court of Charleston, shall be, and it is hereby invested with power and authoPower of rity to grant rules; to hear and determine motions the court for new trial, in arrest of judgment, and all ques

defined.

titles to land.

tions of law arising out of causes within its jurisdiction; to issue subpoenas 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 service 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 aforeNot to try 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 plea thereof, or proceed thereon, but the cause shall be moved by certiorari into the district 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.

may be

made from decisions therein.

And be it further enacted by the authority aforeAppeals 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 certiorari, 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 consonant 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.

the court

And be it further enacted by the authority aforesaid, That it shall be lawil for the intendant and How the wardens, and the said recorder, to prescribe, and practice of from time to time to regulate the practice of the may 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.

clerk and

And be it further enacted by the authority aforesaid, That fees of attornies, and of the clerk and Fees of sheriff in the said court, shail be, in all respects, attornies, the same as are now allowable by law in the sum- sheriff. 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 not to plead in been argued before or adjudged by him; and that certain 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, made by on making oath that he verily believes he has sub- appellant. stantial justice on his side, and that he does not appeal merely to delay the operation of law and justice.

strates ex

And be it further enacted by the authority aforesaid, That justices of the peace and of the quorum, Jurisdicto, except in the city of Charleston, throughout the on of magistate, shall have jurisdiction in all cases of debt, tended. 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 three months,