A. D. 1912. ness may be 2746. Sec. 3507. If a special term of the Court of General Seswhat bussions only is ordered, after disposing of the sessions business, transacted. the said Judge may also open the Court of Common Pleas Civ. '02, for the transaction of any business which the parties or their attorneys may consent to be disposed of by him. Sec. 3508. The said special Judge shall be allowed for Special Judge. his services ten dollars per day and his necessary expenses, Civ. 02, and the same per diem for not exceeding five days for the preparation of his decrees. Salary of 2747. When a stenographer for Sec. 3509. It shall be lawful for the presiding Judge at special term any special term of the Circuit Court, where the official be appointed. Stenographer is performing the duties of his office at a Civ. 02. Court then being held in some other County of the Circuit, to appoint a Stenographer for said term of the Court, who shall perform the duties of the office of Court Stenographer for said term of Court. 2748. § Com pensation of. Civ. '02, § 2749. Sec. 3510. The Stenographer appointed under the provisions of the foregoing Section shall receive the same compensation as that allowed by law to the official Stenographer in proportion to the time of service, to be paid out of the County treasury, upon the warrant of the Clerk of the Court, approved by the presiding Judge, and also the usual fees for copies of testimony and reports of Court proceedings, to be paid by the parties ordering the same. County they 2750. Petition. Election. Section 3511. Whenever one-third of the qualified regisered electors of any County in this State shall file a petition may be with the Clerk of the Circuit Court of such County, praying established. or an election to be held in such County on the question Clv. '02, § f the establishment of a County Court therein, it shall be he duty of the said Clerk within ten days, to make an der thereon, and serve the same on the Commissioners of lection, requiring the said Commissioners of Election of ach County to hold an election, after first giving at least irty days' notice thereof in the newspapers of such County, on the question of establishing a County Court in such ounty, not later than sixty days nor earlier than forty days ereafter. Said petition shall be accompanied by a certificate the Board of Supervisors of Registration that the names pearing upon said petition constitute one-third of the alified registered electors of such County: Provided, That election on said question shall not be had in any County tener than once in four years; that at such election the estion of the establishment of such County Court shall submitted to the electors in this form: "Shall a County A. D. 1912. If established they shall tion. Court be established for the County of ?" insert ing the name of the County in which the electors voting are resident, and upon this question the electors shall vote "Yes" or "No." Sec. 3512. In the event a majority of the qualified ele. have jurisdic- tors voting at such election in any one or more of the Courties of the State shall vote "Yes" upon such question, the Civ. 02, such County Court shall be, and hereby is, established I and for each of the Counties in which a majority of the qualified electors so vote, with such jurisdiction and power as is hereinafter provided. 2751. To try all except m u r slaughter tempt to rape, arson, mon law Sec. 3513. The said County Court shall have jurisdiction criminal cases to try and determine all criminal cases, except cases for der, man murder, manslaughter, rape and attempt to rape, arse rape and at-common law burglary, bribery and perjury. The said Cour: com shall likewise have jurisdiction to try and determine all cir burglary, bri- cases and special proceedings, both at law and in equity. jury. where the value of the property in controversy of the Civ. '02, § amount claimed does not exceed one thousand dollars, an shall likewise hear and determine all appeals taken from judgments rendered by Magistrates: Provided, That the County Court shall not have jurisdiction to try any acti involving the title to real estate. bery and per 2752. Court of rec ord. 2753. Forms of pleading and be same as in Shall be a Sec. 3514. The said County Court shall be a Court record, and the same presumption in favor of its jurisdi Civ. '02, §tion and the validity of its judgments shall be indulged ain the case of judgments rendered by the Circuit Court. Sec. 3515. The same form of pleading and the same rul practice in, to of procedure, practice and evidence shall obtain in the sai Circuit Court. County Court as is provided by law for the conduct an Civ. '02, trial of cases, civil and criminal, in the Circuit CourtProvided, In all criminal cases wherein the punishment does not exceed a fine of one hundred dollars and imprisonment for thirty days, the same shall be tried without presentment by a grand jury on information filed by the County Solic 2754. General laws applying to tor. Sec. 3516. All general laws and statutory provision County applying generally to the Circuit Courts of this State and Courts. trials of causes therein shall apply to the said County Court. Civ. '02, 8 2755. and the conduct and trial of causes therein, where not inconsistent with any of the provisions of this Chapter. A. D. 1912, Appeals from 2756 Sec. 3517. The right of appeal shall exist from the judg ment of the said County Court to the Circuit Court: Pro-judgments of vided, That on appeal to the Circuit Court the same shall civ. '02, i be heard by the presiding Judge without a jury, as in case of appeals from Courts of Magistrates, and all of the rules, practice and procedure now governing appeals from the said Courts of Magistrates shall apply to appeals from the County Court to the Circuit Court, and the Circuit Court shall have the same power in passing upon and deciding the same as now possessed in passing upon and deciding appeals from the Courts of Magistrates: Provided, further, That in all appeals taken from the judgment of the County Court to the Circuit Court, the Stenographer of the County Court shall make in writing a transcript of the testimony nd other proceedings had in the cause in the County Court, ertified by the County Judge, and lodge the same with the Clerk of the Circuit Court at least fifteen days before the ext term of the said Circuit Court, upon being paid by he party so appealing three cents per hundred words for he said transcript. In case of the failure or refusal of he party so appealing to pay for the said transcript, such ppeal shall be dismissed by the Circuit Court as for want prosecution: Provided, If the party appealing makes it pear by affidavit that he is not able to pay for such anscript of the testimony, then the Stenographer shall rnish the same free of charge: Provided, That in no case all the Stenographer's fee exceed ten dollars. In case the torneys for the appellant and respondent shall agree upon statement of the case as prepared by them for the hearing fore the Circuit Court, such statement of the case shall be sufficient return from the County Court, and no transcript other paper from the County Court shall be necessary. Sec. 3518. In the selection of a jury for the trial of Rights of minal cases in said County Court, the accused, whenjurors in arged with a misdemeanor, shall be entitled to peremptory Courts. allenges not exceeding three, and the State two; and in Civ. '02, $ e trial of cases of felony, the accused shall be entitled to emptory challenges not excceding five, and the State In cases where there are two or more persons jointly icted and so tried, the accused shall be jointly entitled to ee. challenge of County 2757. AD. 1912. consist of six persons. 2758. six peremptory challenges in cases of misdemeanor and -eight peremptory challenges in cases of felony, and no more. Petit jury to Sec. 3519. Where a jury is required by law in the trial of causes, civil and criminal, in said Court, such jury sha Civ. '02, consist of six persons: All criminal cases wherein the purishment does not exceed a fine of one hundred dollars or When Judgeimprisonment for thirty days shall be tried before the without County Judge without a jury, unless a trial by jury is demanded by the accused. Such cases wherein a trial by jury is not so demanded shall be carried to the foot of the calendar, to await trial by the County Judge after the jury cases for the term have been disposed of. may try case jury. Judge; how of office, &c. Civ. '02, &... 2759. County Séc. 3520. At the next ensuing general election the qualielected: termfied electors of each of the Counties in which a majority of the said electors shall have voted for the establishment of said County Court, shall elect a resident attorney at la thereof as County Judge. Such County Judge shall be the presiding Judge of the County Court, and shall hold hi office for four years and until his successor has been elected and has qualified. The said County Judge, before entering upon the duties of his office, shall take the same oath of off as that required by law of Circuit Judges, and shall b commissioned in the same manner as Circuit Judges. Jurisdiction Judge. Civ. '02, § 2760. 1 Sec. 3521. As to all cases and special proceedings withr of County the jurisdiction of the County Court and pending there the County Judge of the County shall have the same juris diction with reference thereto, both in open Court and Chambers, as is possessed by Circuit Judges over cass pending in the Circuit Courts over which they are presiding or in the Circuits in which they are resident. Terms of Court. 2761. Sec. 3522. The said County Court shall hold its first tert on the first Monday in the calendar month next succeeding Civ. '02, the election and qualification of said County Judge, and hold a term beginning on the first Monday in every alternate month thereafter: Provided, Should the time at which any term of said Court is fixed conflict with the time of holding the Circuit Court for such County, then the term of the County Court shall begin on the Monday succeeding the time for the final adjournment of the Circuit Court. The said County Court shall continue in session at each of it said terms until the business before it has been disposed |