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0928

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DAILY SESSIONS

17. The Daily Court shall be always open, to hear and determine all cases arising out of the relation of Master and Servant, whether suits for wages, applications to enforce performance, or for other purposes; also applications for the evictions of trespassers, intruders and tenants holding over; for the partition of personal 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 damages, or as principal sum due. The jurisdiction of the County Court when a person of color is a party, shall exclude the jurisdiction of Justices' Courts, unless the person of color shall waive his privilege to be heard in the County Court. 

18. Under the powers conferred upon him, the County Judge 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 damages therefor ; a jury in each case being summoned as by a Justice in like cases.

19. If a County or the Inferior Court thereof, or any corporate town, shall make any rules and regulations inconsistent with the Constitution and laws of 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 exercise such jurisdiction at its daily sessions.

20. The award of arbitrators, or if the parties select but one, of a single arbitrator, may be made the judgement of the County Court, and by consent of parties appearing on the papers, the award may be to save expenses be filed and not recorded on the minutes.

PRACTICE.
21. The Daily Country 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 County, unless by appointment of the Court and notice to the parties, it is held for a special case at some other place in the County. The rules of practice of the Superior Court apply, unless specially excepted. 

PARTIES.
22. An infant person of color may sue or be sued, and be served with process, summons or other notice as an adult, but it shall be the duty of the Court, when there is no guardian or next friend, to appoint some proper person to represent such infant, who may be either the friend of the infant or the County Clerk.

23. A married woman, being a person of color, authorized to contract separately, may be served with process or 

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notice as a single woman, and appear in person or by attorney in case arising on such contract.

24. A party plaintiff dying, upon application of the widow or any person next of kin of such plaintiff, the Court may, in its discretion, appoint some suitable person representative of the estate for such cause. In like manner, a representative may be appointed, the party defendant dying, upon notice to the widow, or adult person next of kin of deceased, or to the nominated executor, if in the Country, or if none in the County, then without such notice.

25. An attorney engaged in any case by a deceased party in his lifetime, may (without the appointment of a representative, or other proceeding to make parties,) continue to represent the interest of the estate, and shall be responsible for his conduct to the proper legal representative when appointed. 

26. A Court contract shall be regarded as a suit always pending, and parties may be made at any time under the foregoing provisions.

27. The judgement in such cases shall be for or against "the estate" of the deceased party. Whenever the Judge is satisfied that delay is necessary to justice, he may grant it on such terms as to notice or otherwise, as he may think just and reasonable.

GENERAL COURSE OF PROCEEDINGS.
28. In all civil cases before the Daily Court, not hereinafter excepted, the plaintiff shall procure from the Court a summons, in which shall be set forth the ground or grounds of complaint, the time and place of trial, and the time within which to serve the summons. If no time for service is named, it must not be less than five days before trial, and if no place is fixed, it shall be understood to be the usual place of holding Court.

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 commenced 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 after personal service, or the fifth after service at the defendant's residence, to answer a certain complaint set forth in the summons. If upon appearance of a person alleged to be a tenant holding over his term, such person shall make the affidavit specified in 3,985 of the Code, then, provided, that he does not set up title in himself, the Court may proceed at once to try and decide the issue. If either party desire a jury, the proceedings must conform to the directions contained in 14 of this Act. If the alleged tenant shall fail

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