The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-03-17
Tho Constitution.
ARTICLE ". =,
JUDICIAL DEPARTMENT.

State shan ne Vested III 10 Supreme
Court, in two Circuit Courts, to wit:
A Court of Common Pleas, having
civil jurisdiction and "a Court Of
General Sessions, with criminal iuris-
diction onlyin Probate Courts, and
in Justices of the Peace. The Gene
raj Assembly may also establish such
municipal and other inferior courts
as may be deemed necessary.
Sec. 2. The Supreme Court shall
consist of Chief Justice and two
Associate Justices, two of whom shall
constitute a.quorum. They shall be
elected by joint vote of the General
Assembly for the term of six years,
and shall continue in Office until
their successors shall be, elected. and
qualified. They shall be so classified
that one of the Justices shall 20 out
of office every two years.
SEC. 3. The Chief Justice elected
under this Constitution, shall con-
tlnue in office for six years, and the
General Assembly, Immediately after
the said election, shall determine by
lot which of the two Associate Jus
tices elect shall serve for the term of
two years, and which for the term of
four years; and having so determined
the same, it shall be the duty of the
Governor to commission them &C
cordingly.
SEC. 4. The Supreme Court shall
have appellate Jurisdiction only in
cases of Chancery, and shall consti-
tute court for the correction of er-
rors at law, under such regulations
as the General Assembly may by law
prescribe: Prorideci, The said court
shall always have power to issue
wrlts OF injunction, nanndamus, quo
acd'rdnto, hdbeds corpus and such other
original writs as may be necessary to
give 1T general supervisory control
over all other courts in the State.
SEC. D. The Supreme Court shall
DO held at least once in each year. at
the seat of Government, and at such
other place or places in the State us
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 interested, or where
either of the parties shall be con-
nected with him by affinity or con-
sanguinity, within such degree rs
may he prescribed 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 Conrt shall be thus dis
qualified from presiding on any cause
or causes, the court, or the Judges
thereof, shall certify the same to the
Governor OF the State, and he shall
Immediately commission, especially,
the requisite number of men learned
IN the law, for the trial and deter
mination thereof. The same course
shall be pursued in the Circuit and
Inferior Courts, as is prescribed in
this section for cases of the Supreme
Court.
SEC. 7. There shall be appointed by
the Judges Of the Supreme Court, n
reporter and clerk OF said court, who
shall hold their Offices for two years,
and whose duties and compensation
shall be prescribed by law.
SEC. 8. When judgment or de-
cree IS reversed 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, shai be considered
and decided and the reasons therefor
shall be concisely and briefly stated
In writing, and preserved with the
records of the case.
SEC. 0. The Judges of the Supreme
Court and Circuit Courts shall, at
stated times, receive compensation
for their services, to be fixed by law,
which shall not be diminished dur
ing their continuance in office. They
shall not be allowed any fees or per-
quisites Of office, nor shall they hold
any other Office of trust or profit un-
der this State, the United States, or
any other power.
SEC. 10. No person shall be eligi-
ble to the Office of Judge of the Su-
preme Court or Circuit Courts, who
Is not at the time of his election