The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-14

subject he pleased, which, being agreed to-
| Mr.. Dill went into general discussion on q 70.
riety of subjects. He spoke about the pleasant
time they had since meeting; about his OWL
course; described how he favored the poor
man, and how he was going to take his horse
and buggy and canvass the State.
The members asked the speaker all sorts o.
questions, until their name was legion. which
SO much demoralized the delegate that he said
che hoped the hyenas would keep in THEN
cages.n whereupon H. E. Hayne called MIR.
Dill to order for applying disrespectful epithets
to the gentlemen.
The ordinance for the appointment Of three
commissioners to investigate the condition o.
State securities and assets was taken up, and
on motion of Mr.. B. F. Whittemore, the enact
ing clause was stricken out, which carried the
| ordinance with it. ,
]. j. Wright, from the Committee on the
LEGISLATURE, made a favorable report on the
ordinance appropriating the Citadel and
grounds for educational purposes, as q col
lege for lawyers, doctors, &C., the Generai as.
semb!y to make all needful regulations to this
end.
B. F. Randolph called up an ordinance which
gives the legislature power to repeal all acts
Of the General Assembly, passed since Decern-
ber 20, 1860, which pledge the faith and credit
| of the State for the benefit OF any corporate
body.
| llo ordnance WIS pdSoeu w lIe GDu u iedu-
ng, and the convention then adjourned.
ARTICLE ".
JUDICIAL DEPARTMENT.
SECTION /. The judicial power Of this State
| shall be vested in O Supreme Court, In two
Circuit Courts, to wit: Court of Common
Pleas, having civil jurisdiction and Court oil
General Sessions, with criminal Jurisdiction
only in Probate Courts, and IN Justices OF the
Acc Qc-
tablish such municipal and other inferior
courts as may be deemed necessary.
SEC. Q. The Supreme Court shall consist OF
Chief Justice and two Associate Justices, two
| of whom shall constitute q quorum. They
shall be elected by joint vote OF the General
Assembly for the term OF Elk years, and shall
continue in Office until their successors shall
be elected and qualified. They shall be 30
classified that one Of the Justices shall go out
of Office every two years.
SEC. 8. The Chief Justice elected under this
constitution shall continue in office for Six
wears. and the General Assembly, Immediately
after the said election, shall determine by lot
which of the two Associate Justices elect shall
serve for the term OF two years, and which for
the term of four years; and having so deter
mined the same, it shall be the duty OF the
Governor to commission them accordingly.
SEC. 4. The Supreme Court shall have appel
late jurisdiction only in cases OF chancery, and
shall constitute court for the correction OF
errors at law, under such regulations IS the
General Assembly may by law prescribe Pro-
uaded, The said court shall always have power
to issue writs of injunction, n,andamuS, quo
1cd17anto, hG6eGs corpus. and such other OIL
ginal and remedial writs as may be necessary
to give it general supervisory control over all
other courts in the State.
SEC. ). The Supreme Court shall be held at
least once in each year, at the seat OF govern
ment, and at such other place or places IN the
State as the General Assembly may direct.
SEC. 6. No Judge shall preside on the trial Of
any cause in the event of which he may be in
terested, or where either Of the parties shall
be connected with him by affinity or consan-
guinitv. within such degrees as may be pre-
scfibed by law, or in which he may have been
counsel, or have presided in any inferior court,
except by consent Of all the parties. In case
all or any of the Judges Of the Supreme Court
shall be thus disqualified from presiding on
any cause or causes, the court or the judge
thereof shall certify the same to the Governor
of the State, and he shall Immediately commits
sion, specially, the requisite number of men
learned in the law for the trial and determine
ton thereof. The same course shall be pur-
sued in the Circuit and Interior Courts as is
prescribed in this section for cases OF the Su-
preme Court
SEC. 7. There shall be appointed by the
Judges of the Supreme Court reporter and
clerk Of said court, who shall hold their Offices
for two wears, and whose duties and compen-
sation shall be prescribed by law.
SEC. 8. Whena judgment or decreeis revers-
ed or affirmed by the Supreme Court, every point
made and distinctly stated in writing. in the
cause, and fairly arising upon the record OF the
case. shall be considered and decided; and the
reasons therefor shall be concisely and briefly
stated in writing, and preserved with the re-
cords of the case.
SEC. 8. The Judges Of the Supreme Court
and Circuit Court SHALL of stated times, receive
q compensation for their services, to be fixed
by law, which shall not be diminished during
their continuance in Office. They shall not be
allowed any fees or perqusites OF oflce, nor
shall they hold any other office OF trust or prof.
it under this State, the United States, or any
other power.
SEC. 10 No person shall be eligible to the of
6ce OF Judge of the Supreme Court or Circuit
Courts who is not at the time OF his election
citizen OF the United States, and has not at
tanned the age Of thirty years, and been resi-
dent of this State for five years next preceding
his election, or from the adoption OF thls con-
stitution. r..
SEC IL. All vacancies in the Supreme Court
or other ;nferior tribunals shall be filed by
election, as herein prescribed; Prousded, Ihat
IL ihe unexpired term does not exceed one year,
such vacancy may be filled by Executive ap-
pointment. All Judges, by virtue OF their Of
fce, shall be coneervators OF the peace through
out the State.
Court, concurrence Of two OF the Judges shall
be necessary to dccison: ,
SEC. IS. The State shall be divided into con-
venient circuits, and for each circuit Judge
shall be elected by joint ballot OF the General
Assembly. who shall hold his office Tor term
of four years, and during his continuance IN
Office he shall reside in the circuit OF which ne
is Judge. ..o.u.
.erchange circuits with eacn otner III SUCH
SIC. is. The Courts OF Common Pleas shall
have exclusive jurisdiction in oil cases OF di-
yorce: and exclusive original jurisdiction IN y!
civil cases and actions eI delacto, which shall
not be coonizable before Justices OF the Peace,
ond anneliate jurisdiction in all such cases as
NAV be provided by law. They shall have pow
er to issue writs of naandanaus prohibition,
scire tdcios, and all other wrlts which may be
necessary for CARRYING their powers fully INTO
| effect ~,
SEC. 16. The Court of Common Pleas shall
sit in each Judicial District ID this State at
| least twice in every year, at such stated times
and places as may be appointed by law. IL
shall have Jurisdiction in all matters OF equity,
but The courts heretofore established for that
purpose shall continue as now ORGANIZED until
the 6rst day OF January, one Thousand eight
hundred and sixty-niDe, tor the disposition OF
causes now pending therein, unless otherwise
SEC. ". The General Assembly shall provide
bv law for the preservation OF the records OF
the Courts of Equity, and also for the trans