County Court. and shall attend the sessions of said Court. For cases in the County Court, within the jurisdiction of a Justice's Court, the Sheriff's fee shall be the same as a Constable's. In other cases they shall be the same as in the Superior Court. For summoning juries for the semi-annual session, five dollars; for the monthly, or special sessions, three dollars. Fees of ber, appoint 45. SEC. XVI. That bailiffs may be appointed by the County Judge, not to exceed four in number, of whom one shall be called special bailiff. They shall each give bond, in a sum to be fixed by Bailiffs, numthe County Judge; be sworn to the faithful and impartial dischargement and duof their duties; and their appointment and removal be entered on the minutes. It shall be the duty of the special bailiff, unless the Judge shall assign the duty to the Sheriff, or his deputy, to col-Special hailect all executions for costs, and in all cases where costs are not of costs. paid instanter, executions therefor shall be issued, and ten per cent. additional collected as commissions of the collecting officer. One liff, collection or more temporary bailiffs for particular occasions may also be ap-Temporary pointed, who need not give bond, but must be sworn, and their bailiffs. appointment entered on the minutes. A bailiff's fee shall be the same as a Sheriff's in like cases. Fees. Juries, how moned, &c. 46. SEC. XVII. That immediately after his election and qualification, the Judge and Sheriff shall proceed to make out a list of persons, from the Receiver's Digest, who are liable to jury duty, which shall be deposited in a jury box. He shall draw therefrom not more than eighteen nor less than thirteen Grand Jurors, in the manner pointed out by law, for the drawing of Grand drawn, sumJurors in the Superior Court. They shall be summoned to attend at the first Court, whether it be a monthly or semi-annual session, and shall be organized and sworn, in the same manner as Grand Jurors of the Superior Court. The proceedings in all respects so far as applicable to said Court, shall conform to the usages and laws which govern the Superior Court. vice of Grand 47. SEC. XVIII. That the first Grand Jury which may be drawn, shall serve at the monthly sessions, and until the adjournment of Time of serthe semi annual session of the Court; the Judge shall then, in Jury. the manner heretofore prescribed, and at each semi-annual session thereafter, draw a new Jury, which shall serve for the next six months, and during the next semi-annual session. Juries for sions. 48. SEC. XIX. That, from the same jury box, and at the same time, and in the same manner, the Judge shall draw a Jury of twelve, who shall serve at the first Court thereafter; and at each succeeding monthly Court, he shall draw a new Jury of twelve, montbly sesand they shall be so drawn that the same Jury shall not sit at two succeeding sessions; and if from any cause there should be a deficiency of the original panel, at the session of said Court, the Judge shall cause to be summoned a sufficient number of tales jurors to make up the original panel, for the trial of civil cases, and Tales Jurors. shall also summon twelve tales jurors, so as to make up a panel of When Jury required at County Court. twenty-four jurors for the trial of criminal cases, from which, by strikes as in the Superior Court, a jury may be selected. 49. SEC. XX. That all civil cases before the monthly sessions, monthly and shall be tried by the Judge, without the intervention of a jury, special Courts. Oath of Ju rors. Officers of sible. record. Power to punish for contempts. unless a jury is demanded by one of the parties to the record, and at special Courts, where a jury is demanded, the Judge shall cause to be summoned from the by-standers a jury of five men. 50. SEC. XXI. That the jurors serving in the County Court shall take the same oath as is provided for like jurors in the Superior Court, and they shall be paid in the same manner. 51. SEC. XXII. That all the officers of the County Court shall Court respon-be responsible for their good conduct as such, under the same rules Is a Court of as officers of the Superior Court. It is a Court of record, and the proceedings shall be recorded as in the Superior Court. Its powers to punish for contempt shall be the same as those of the SuGeneral pro- perior Court, and the general provisions of the Code from § 197 to 203 inclusive, concerning the powers of a Court, apply to it. 52. SEC. XXIII. That the provisions of the Code concerning amendments, from § 3410 to § 3436 inclusive, and, concerning defences, from $3381 to § 3388 inclusive, apply to the County Court vlsions. Amendments and defences. Suits, service and proceed Summons in civil cases. at either session. 53. SEC. XXIV. That, in the semi-annual session, the mode of ings. commencing suit, service and proceedings in general, shall be the same as in the Superior Court. In all civil cases, not hereinafter: excepted, brought to the monthly sessions, the plaintiff shall procure from the Court a summons, in which shall be set forth the ground or grounds of complaint, and the time of trial, which sum-mons shall be served by the Bailiff, or other officer, at least five: days before the time of trial. Attachments, claims, gar 54. SEC. XXV. That attachments, claims, garnishments and nishments, ment, other like proceedings, returnable to the monthly sessions, shall be &c. served not less than ten days before the first day of the session, to which the same are returnable. The same class of cases returnaable to the semi-annual sessions, shall be served at least fifteen days before the first day of the session to which the same are returnable. Continuances. Trials, when, Witnesses & testimony. Verdicts and 55. Sec. XXVI. That continuances may be allowed under the same rules as in the Superior Court. 56. Sec. XXVII. That trials shall be had at the second session. after service of process, at the term succeeding that to which such process is returnable, unless on cause shown for continuance. 57. Sec. XXVIII. That the testimony of either party shall be com petent in cases which would be within the jurisdiction of a Justice= of the Peace, and the Judge shall have the power to compel the attendance of witnesses by subpoena, or otherwise. 58. Sec. XXIX. That verdicts or judgments may be so mould-judgments. ed as to subserve the ends of justice, and may be either for a sum certain, for the delivery of specific property, for the eviction of an intruder, or the performance of a Court contract, or in such County Court. other form as may seem just and proper, and may be in the alternative. Sales under' 59. Sec. XXX. That the regulation for sale under execution or execution. order, for sums exceeding fifty dollars, shall be as in the Superior Courts, and for fifty dollars or less, as in Justices' Courts; and in case of perishable property, the Judge may so order the time of sale as to subserve the ends of justice. 60. Sec. XXXI. That a certiorari may be had upon the applica-Certiorari. tion of the party complaining of error to the County Judge, within ten days after the trial, 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 the session of the Superior Court as may seem proper. sonal proper 61. Sec. XXXII. That claims to personal property in the month- Claims to perly sessions, where the execution or order issues from said Court, y shall be tried in the same manner as in Justices' Courts, and in the semi-annual sessions, in the same manner as in the Superior Court. Attachments, 62. Sec. XXXIII. That, in cases of attachments, returnable to the proceedings monthly sessions, the trial and proceedings shall be the same as in in. Justices' Courts; and when returnable to the semi-annual sessions, shall be the same as in the Superior Courts. CRIMINAL JURISDICTION. 63. Sec. XXXIV. That the criminal jurisdiction of the County. Court, at its monthly and semi-annual sessions, extends to all offences of which exclusive jurisdiction is not vested in some other Court. Extent of as Court of 64. Sec. XXXV. That if any offence is charged which is within the jurisdiction of the County Court, and upon the trial thereof, When to act it shall appear that the crime committed is of a grade beyond its Inquiry. jurisdiction, the trial thus begun shall be regarded as if before a Court of Inquiry, and the Court shall dispose of the case accordingly. &c. 65. Sec. XXXVI. That all of the proceedings in preferring bills of indictment or presentment, and submitting the same for Bitment, & trial, shall conform to the laws and rules governing in the Superior co es in Superior Court in similar proceedings. 66. Sec. XXXVII. That every indictment in the County Court, either at its monthly or semi-annual sessions, shall be in order for trial at the term at which it is found, but it shall be the duty of the Judge to allow reasonable time to both parties to summon witnesses, and to the defendant to procure counsel. Trial of. 67. Sec. XXXVIII. That if the accused has no counsel, and is unable to employ counsel, it shall be the duty of the Judge to assign counsel Counsel for to the accused, and to issue subpoenas for such witnesses as he may rep-Subpoenas for accused. witnesses. Proviso. May use County Court-criminal jurisdiction. resent to be material for his defence, and if necessary, to compel their attendance. Provided, the Judge may exercise his discretion in compelling the attendance of witnesses whose testimony in the opinion of the Judge would be immaterial to the case. 68. Sec. XXXIX. That the County Judge shall have power to use the County Jail for the detention of accused parties, and for the punishment of those convicted of offences, or guilty of contempt. Commitments by the County Judge, shall be lawful warrants to the Jailer and shall be obeyed by him. 69. Sec. XL. That a certiorari, at the instance of the defendant, may be had as provided in § 31st, and upon notice to the Judge of the application, the sentence shall be suspended until the Certioraris, certiorari is decided. On hearing such writ of certiorari, the Judge of the Superior Court may either grant a new trial, or pass such judgment or sentence as, in view of the whole case, is consistent with justice. And when any such case is carried up as herein provided, the Solicitor or Attorney General of the circuit shall take charge of, and prosecute the same, for which he shall have the same fees allowed in bills found in the Superior Court. Duty of So lictor General of circuit. County So licitor, elec tion of, &c. Term of office. Case of va cancy, ab sence, &c. 70. Sec. XLI. That there shall also be a prosecuting attor-ney, who shall be called County Solicitor. He shall be elected at the same time, and commissioned in the same manner, as the Judge of said Court. He shall have been a practicing attorney, and after his election shall reside in the County. He shall be qualified and sworn as Solicitors and Attorney General are qualified and worn, and shall be removable from office in the same manner as Solicitors General are removable; and in vacancy, absence, sickness or other disability, the Judge may appoint any practicing attorney to perform his duties during such absence, sickness, or other disability, or until such vacancy can be filled by a new election. COSTS. case of 71. Sec. XLII. That in cases not specially excepted, the Judge's costs. Judge's costs in the semi-annual Courts shall be the same as those of the Clerk of the Superior and Inferior Courts for like services. In cases in the monthly and special Courts, if the sum in damages claimed exceed fifty dollars, then two-thirds of such costs, and if not over fifty dollars, then one-third of such costs shall be taxed as Judge's costs; and in all other cases, in which he is authorized to act, he shall have such fees as are now allowed by law to the other officers for similar services. The Judge's costs in criminal cases shall be two dollars for every case begun, and two dollars additional for every case tried or transmitted to the Superior Court. The Judge's costs for a case in which discharge or specific performance is prayed, or other like case not claiming money, In other ca shall be two dollars. For the forclosure of mortgages, the partition of personalty, the removal of intruders, trespassers, or tenants holding over, the trial of claims, for the certiorari of any case, forci In criminal cases. County Court-Transfer of civil cases. ble entry or detainer, abatement of a nuisance; also for proceedings usually tried at Chambers, such as possessory warrants, habeas corpus cases, and the like, three dollars. In cases in which no fees If no fees are are prescribed by law, the Ordinary, or any three Justices of the In-Law. ferior Court may determine what shall be the Judge's costs. prescribed by 72. Sec. XLIII. That the County Solicitor shall receive the Fees of Counsame fees as are now allowed to the Solicitor General of the circuit in the Superior Court for such cases as come within the jurisdiction of the County Court. ty Solicitor. In cases be- and servant nishment. 73. Sec. XLIV. That in cases between master and servant, tween master which shall go against the servant, the judgment for costs, upon when judgwritten notice to the master shall operate as a garnishment against rate as gar him, and he shall retain a sufficient amount for the payment thereof out of any wages due to said servant, or to become due during the period of service, and may be cited at any time by the collecting officer, to make answer thereto. tions for in Muscogee. 74. Sec. XLV. That in the following County, to-wit: Mus-Qualifica cogee, the qualifications for County Judge shall be, 1st, That he County Judgo shall be a resident of the County from the time of his election, and 2nd, That he shall have been a practicing attorney of this State. If fees not If the fees prescribed by this Act shall not be sufficient to compen- sufficient sate the Judge for the service he has to perform in said County, tion. the Justices of the Inferior Court may, in their discretion, pay such additional sum from the County funds as will [insure] him a competent salary. Approved 17th March, 1866. compensa (No. 102.) An Act to authorize the transfer of all civil cases now on the dockets of the ets of Inferior 75. SEC. I. The General Assembly of the State of Georgia do enact, That the Clerks of the Inferior Courts of the several counties of Suits on dockthis State shall, immediately after the passage of this act, transfer Courts transall suits now on the dockets of the Inferior Court to the County Court. Approved 17th March, 1866. ferred. |