The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1868-02-19
S. c., WEDNESDAY MORNING, FEBRUARY l9, 1868.

they arc elected, and the Justices Of the
Peace shall be commissioned by tho Cover.
nor.
SEQ. % Justices Of the Peace, individu
ally, or two or more Of them jointly. as the
General Assembly may direct, shall have
original jurisdiction in cases Of bastardy
and in oil matters of contract and actions
for tho recovery Of fines and forfcituros
whore tho amount claimed does not exceed
one hundred dollars, aud such jurisdiction
as may be.providcdby law III actions ex dciic-
fu, whcro the damages claimed does not
exceed ono hundred dollars and prosecu.
tions for assault and battery and other
penal offences less than felony, punishable
by fines only.
SEC rs They may also sit as examining
courts, and commit, discharge. or recognize
persons charged with offences not capital,
subject to such regulations rs the General
Assembly mny provide; they shall also
have power t. bind over 10 koop tho peace,
or for good behavior. For tho foregoing
purposes they shall have power to issue all
necessary process.
SEo 26 Every action oogniaoblo before
Justices of tho Peace, instituted by sum-
mons or warrant, shall hc brought beforo
somo Justice of tho Peace in tho district or
city whore the defendant resides, and in all
su,h causes tried by them, the right of
appeal shall be sccurou undcr such rules
and regulations as may bo provided by
law.
SEQ 27 The Judges Of Probate District
Court Judges, Justices oc Geace, and Com
stables, shah receive fer their services such
compensation and fees ss the General
Assembly may from t,uo 10 time by law
direct.
SEO 28 No person who has arrived nt tho
ago of seventy years, shall ho appointed or
elected to, or shall continue in the Office of
judge in this State,
SEB ~ Judges shall not charge juries in
respect 10 matters of fact, but may state the
testimony and declare the law
SIC 80 There shall bo elected in each
Judicial District, by the electors thereof,
one clcrk for tho Court of Common Pleas,
who shall hold his oilioo for the torn Of
three years, and until his successor shall
be elected and qualified. IIc shall, by wiz
tue of his Office, be clerk of MI other courts
of record held therein; but tho General
Assembly may provide by law for the cleo
ton Of clcrk, with like term of office, for
caoh or any other of the courts of record,
and may authorize tho Judge ofthc Probate
Court TO perform tho duties of clerk for his
court under sdoh rog0laLions MS the Gehe.
raj Assembly may direct. Clerks of courts
shall DC removable for such cause, and in
such manner as shall be prescribed by
law.
SIC 81 There shall BE M Attorney
General for this State, WHO shall reside at
tho seat Of government, and shall prerorm
such duties ns may be prescribed by law.
He sfn1l be elected by o joint votc of both
branches Of the General Assembly for tho
term of two years, and shall receive for
10 l,o I,
law.
SRc 80 There shall be ono Solicitor for
ehth circuit. who shall roside therein, to be-
elected by the qualified electors of tho Cir
cult, who shall hold Office for the term Of
four years, and shall receive for his services
compensation to be fixed by law. In all
cases where an attorney for tho State, of
any circuit, fails to attend and prosecute.
according to law, tho court shall have power
to- appoint an attorney pro tempore.
SEQ 23 The qualified electors of encl
district shall elect Sheriff, Coroner. and
District Surveyor, for tho term of two
years, and until their successors arc olect-
cd and qualified; they shall be commission
cd by the Governor, reside in their respoo.
tive districts during their contiiiuhnoe in
office, and disqualified for the Office second
time, if it should appear that thoy or eth
er"of them nre in default for monies collect
ed by virtue of their respective Offices.
SEC 81 AL writs and process shall run,
and al! prosecutions shall be conducted in
the name of the State of South Carolina :;
oil writs shall be tested by the clerk Of tho
court from which they shall be issued and
all indictments shall conclude against the
peace and dignity of tho State
SEC 35 The General Assembly shall pro-
vide by law for tho speedy publication of
tho decisions Of The Suprcms Court made
under this constitution.
ARTICLE -.
JURIsrnUDENCE
SEQ The General Assembly shall pass
snoh laws ns may be necessary and proper.
TO decide differences hy arbitrators, 10 be
appointed by Tho parties who may choose
thar summary mode Of adjustment.
SIC II shniF 10 ttis duty Of the General
Assembly TO pass tho necessary laws for
the change of venue in all cnses, civil and
criminal. over which the Circuit Courts
hnvc originnl jurisdiction. upon u proper
showing, supported by affidavit. Tint o. fair
and impartial trial cannot be had in the
District whore such trial or prosecution was
commenced,
SEo The General Assembly, al It's first
session nftor tho adoption OF this constitu.
ton, shall mako provision to rcvisc, digest.
and arrange. under proper heads. the body
of our laws, civil and criminal, and form u
pcnal codo, founded upon principles OF
reformation, au& have the snme promulgata
ed in sucl manner as they may direct /; md
n ike revision, digest and pronmlgalio
sl'air bs made within cvcry subsequent
period of ton years. That j5istice shall be
adminis,ed in q uniform mode Of pleading,
without distinction between Inv and ca,,f-
~, they shall provide for abolishing tho
district forms Of action, and. for that pur
posSshall nppon. somo suitable person or
persons, whose duty II shall be to- revise.
simplify, and abridgs lie rules, pYaotico,
pleadihgs, and forms Of tic court now in
use In this State.
ARTIGbR -.
sSiISsET BoMAf&
SEC The Stafe shall have concurrent
Jurisdiction OF. Al rivers bordering on this
State, 70 f.r ns sucr rivc.s. shall form
common boundary to this and any other
State bounded by tho uame q and they, TO-.
gether with all Other nayigable waters
Within The limits Of tlie State, Shall be com.
mon n,highways,lsnd fosever free, az vel TO