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that unless the property be perishable or expensive to keep, not less than ten days notice shall be given. Unless differently ordered by the Judge, the regulation of sale under execution or order for sums exceeding fifty dollars, shall be as in the Superior Courts, and for fifty dollars or less, as in Justices' Courts.

§ 44. An appeal may be taken to a jury from any decision in the daily County Court in a civil case, by payment of costs and of the jury fee, as provided in section 14th of this article.

§ 45. A new trial, upon legal grounds, may be awarded, if the Judge is satisfied that justice requires it. Want of notice of the first trial, or absence of the party without fault, shall be a good ground for a new trial, or an affidavit of illegality.

§ 46. A certiorari may be had upon the application of the party complaining of error to the county Judge, with notice to the opposite party or his attorney, stating the grounds of complaint, and giving a brief of the material evidence, upon which it shall be the duty of the Judge to proceed as under a writ of certiorari, to certify the proceedings of the County Court to the Judge of the Superior Court, within ten days after such application, and the Judge of the Superior Court shall hear and finally determine the same at Chambers, or at the session of the Superior Court, as may seem proper.

§ 47. Applications for appeals, new trials, or certiorari must be made within four days after trial, and in cases between master and servant, and in any other cases in which the Judge shall deem it just, compliance with the provisions of section 53d, concerning dilatory proceedings, shall be required.

§ 48. Claims to personal property, under any execution or order issued from the County Court, or to personal property, at any sale to which a free person of color is a party, or in which the parties elect the County Court for trial, shall be tried as in the Superior Court, except that no jury shall be provided, unless required under the provisions of section 14th of this article.

§ 49. Attachments may be tried under the rules of the Superior Court.

§ 50. The County Judge granting an appeal, or a new trial, may assign any day for the trial, in his discretion, allowing reasonable time to the parties, and making no unnecessary delay.

FRIVOLOUS ACTIONS, DEFENCES AND DELAYS.

§ 51. In any case between master and servant in the daily Court, the Judge shall (and in other cases he may in his discretion) award damages to the defendant in a sum not to

exceed the costs, if the action shall be manifestly frivolous or vexatious; and in like manner to the plaintiff, damages of not less than ten nor more than twenty five per cent of the sum claimed, if the defence be manifestly frivolous of vexatious. Damages to the plaintiff may amount to five dollars, although twenty five per cent of the claim would fall short of that sum.

TERMS OF DILATORY PROCEEDINGS.

§ 52. In suits between master and servant, the defendant shall not be allowed to continue the same, or to delay payment by any proceeding, such as appeal, certiorari, new trial, illegality, stay of execution, or other dilatory proceeding, except upon the terms following, viz: that he shall make such payment in the nature of alimony, for the present support of the plaintiff or his family, out of any sum or property he admits to be due, as to the Judge may seem reasonable and just, unless upon affidavit that nothing is due. The proceeding or case delayed shall, if properly to be tried before the County Court, be brought to trial within ten days, unless on cause shown for continuance.

SEMI-ANNUAL SESSIONS.

§ 53. The semi-annual County Court shall have concurrent jurisdiction with other Courts of law, in all civil cases of which exclusive jurisdiction is not vested in some other Court, including jurisdiction in legitimatizing persons, changing names, and granting corporate privileges. The sessions shall be held at such times as may be appointed for each county respectively by the General Assembly. The Court shall proceed under the rules of the Superior Court, unless specially excepted. Appeals, as from the Inferior Court, may be taken to the Superior Court.

CRIMINAL JURISDICTION.

§ 54. The criminal jurisdiction of the County Court is exercised at its daily sessions, and extends to all offences by persons of color of which exclusive jurisdiction is not vested in some other Court, and excludes the jurisdiction heretofore vested in Justices of the Peace, as to the trial of such persons, and the jurisdiction vested, by virtue of section 4724th of the Code, in the Mayor, Recorder, or Intendant of any incorporated town.

§ 55. If any offence is charged which is within the jurisdiction of the County Court, upon the trial of which it shall appear that the crime committed is of a grade beyond its jurisdiction, the trial thus begun shall be regarded as if before a Court of Inquiry, and the Court shall dispose of the case accordingly.

§ 56. Any white person accused of an offence not within the exclusive jurisdiction of some other Court, may make a

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