Viewing page 76 of 240

This transcription has been completed. Contact us with corrections.

8

for the County Court, to be used when necessary by himself or the Clerk. and until such seal is provided, the private seal of the Judge may be used.

§7. The Clerk of the County Court may be either the County Judge himself, or an officer appointed by the Judge, removable at his pleasure, to be paid by him, and for whose good conduct he is responsible. 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 office of Judge, shall be entered on the minutes ; he shall be sworn to the faithful and impartial discharge of his duties; and shall be competent to discharge all of the duties of the Judge not judicial in their character.

§8. The Clerk, or the Judge acting as such, shall keep the minutes of the Court, record its proceedings so far as required by law, issue its orders and processes, and keep proper dockets, viz: one subpoena docket, and one execution docket, which shall be for both sessions of the Court. For the daily sessions, one docket of civil cases generally, and one for cases between master and servant; also one for criminal cases. For the semi-annual sessions, 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.

§9. In case of the death of the County Judge, or of any vacancy in the office, three Justices of the Inferior court of the County may appoint a County Clerk, who shall give bond in such sum as they may prescribe, and make oath as such Clerk, and discharge all ministerial duties during such vacancy. If the County 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 Ordinary, 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 be heard and determined, whether civil or criminal, by three Justices of the Inferior Court of the County.

§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, but unless on notice need not attend the daily sessions. For cases in the County Court within the jurisdiction of Jnstice's Court, the Sheriff'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 dollars; for the daily Court, one dollar.

§11. Bailiffs may be appointed by the Country Judge, not to exceed four in number, of whom one shall be called 

9

special bailiff. They shall each give bond in a sum to be fixed by the County Judge; be sworn to the faithful and impartial discharge of their duties; and their appointment and removal be entered in the minutes.

One or more temporary bailiffs for particular occasions may also be appointed, who need not give bond, but must be sworn, and their appointment entered on the minutes. In cases within the jurisdiction of a Justices' Court, a Bailiff's fees shall be the same as a Constable's, and in other cases the same as a Sheriff's.

§12. Jurors, eighteen in number, of whom twelve shall serve, shall be drawn for the semi-annual sessions, at each term for the next, (but in case of failure the drawing may take place at any time thirty days or more before the session,) by the County Judge from the Inferior Court jury box, according to the usual practice in drawing juries, preserving the rotation as if the jury was drawn for the Inferior Court.

§13. Either party desiring a jury in any civil case in the daily Court, shall give three days notice thereof to the County Judge, or Clerk, and pay in advance the jury fee of three dollars, which fee, however, may be recovered as costs. The Judge or Clerk shall thereupon have a jury summoned of five men, the officer selecting persons, as far as may be convenient, residing not more than eight miles from 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 sufficiently shown by failure to object.

§14. At either session tales jurors may be summoned as needed, and all jurors in the County Court shall be paid as in the Inferior Court, upon the Judge's or Clerk's certificate of service.

§15. All the officers of the 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 the semi-annual sessions shall be recorded as in the Superior Court, but the dockets and minutes shall be sufficient record of the proceedings of the Daily Court. Its powers to punish for contempts shall be the same as those of the Superior Court, and the general provisions of the Code from § 197 to § 203 inclusive, concerning the powers of a Court, apply to it.

CIVIL JURISDICTION AND PRACTICE.

§16. The provisions of the Code concerning amendments, from § 3,410 to § 3,436 inclusive, and concerning defenses, from § 3,381 to § 3,388 inclusive, apply to the County Court at either session. The jurisdiction exercised at its daily and semi-annual sessions varies, as hereinafter explained.

[[left margin]] 
Seal
The liable [[?]]
Clerk Co. [[?]]
[[?]]
Minutes & Dockets
Vacancy [[?]] Likeness
[[/left margin]]

[[right margin]]
Bonds
Jurors
Jurors
Jurors
[[C?]]
[[?]]
[[/right margin]]

Transcription Notes:
Most of the margin notes are too faded to read.