Viewing page 75 of 240
This transcription has been completed. Contact us with corrections.
6 labor, to make contracts, to sue and be sued, to receive and transmit property by inheritance, to receive protection in their persons and property, and to give their testimony under oath subject to the general rules of evidence, in the following cases: 1. In all civil cases where the rights or liabilities of persons of color are involved. 2. In all criminal cases where the accused is a person of color; or where the proceeding is instituted because of some alleged injury to a person of color, his rights or property. And in any case, civil or criminal, in which a colored person is introduced as a witness against a white person, a party to the case, or a white witness against a colored person a party to the case, the opposite party may be sworn and testify as a witness. If he do so, then his adversary may also testify as a witness. 4. Any affidavit or sworn statement which a white person may make in relation to his legal rights, or the rights of one for whom he is agent, a person of color shall be competent to make in relation to his rights, or the rights of a person of color for whom he is agent. Commissions to take testimony may issue to persons of color; but the testimony of colored women shall not be taken de bene esse merely because of sex. 5. The laws of this State regulating the domestic relations shall be hereinafter applicable to persons of color, subject to such alterations or modifications as may be made by this system of laws, and as may be from time to time made for the people of the State. ARTICLE II. ORGANIZATION OF THE COUNTY COURT. 1. A court shall be organized in each county in this State, to be called the County Court, the Judge of which shall be entitled the County Judge. 2. The County Judge shall be elected on the first Wednesday in January, 18 , and every fourth year thereafter, and shall in all cases hold his office until his successor is elected and qualified. Any vacancy in the office shall be filled as in the 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 Justices of the Inferior Court of the County, and take the following oath of office, viz: 7 "I do solemnly swear that during my continuance in office, I will faithfully discharge the duties of County Judge of the county of , to the best of my skill and knowledge, according to law; that I will administer justice impartially without regard to race or color, wealth or influence; that I will decide matters of fact according to law and evidence, and will only receive my lawful fees of office. So help me God." He shall also take the oath of fidelity to the Constitution, &c., prescribed in 134, of the Code. 3. The compensation of the County Judge shall be a salary of two hundred dollars, to be paid by the State, together with his fees upon such contracts as by law are called Court Contracts, and upon clerical work not connected with a judicial proceeding, and one half of all costs hereinafter described as Judge's costs. 4. No disqualification for holding the office of County Judge shall arise from being Clerk of the Superior or Inferior Court, or Ordinary, or from holding any other office not involving duties incompatible with the duties of the County judge. He may, if an attorney at law, practice in cases never connected with his own Court, but cannot have a partner who practices in the County. 5. The County Judge may issue bail process in civil cases, admit to bail in criminal cases, issue attachments, foreclose mortgages on personal property, issue warrants of distress for rent, possessory warrants, writs of Habeas Corpus, and other writs or warrants not within the exclusive jurisdiction of some other Court or officer. He may attest contracts, or deeds for registry, administer oaths, and exercise all the powers of a Justice of the Peace in matters civil and criminal, issue warrants requiring offenders to be brought before him or some other Judge, or some Justice, and sit singly or in conjunction with other as by law required on a Court of Inquiry. The foregoing enumeration is not exhausting, but the County Judge may in general exercise all such powers as are granted to him by law, or essential to the functions granted. 6. The County Judge shall be himself or Clerk keep a strict account of all costs described as Judge's costs, and of all fines, forfeitures and proceeds of labor under sentence, and other moneys which come to his hand as County Judge, or to his Clerk in his official character, and shall pay over the same County Treasurer, and report such receipts and payments to the Grand Jury of the County at the semi-annual sessions of the Superior Court. He shall keep an index of all Court contracts filed in his office, and a list of all certificates and discharges granted by him according to law, which index and list shall be open to public inspection. It shall be in his duty to provide a seal
