Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-04-02

cultural arr0 C0ntntmnal snterRsfs
, APRIL ., 1868
by virtue of their Office, shall be conservators O
the peace throughout the State. -. - ...s.....
Section II. In all cases decided by the Supreme
Court, concurrence of two Of the judges shall be
necessary to decision. -.
Section 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 for the term Of four years
and during his continuance in Office he shall reside
in the circuit of which he is Judge.
Section IA. Judges Of the Circnit Court shall in
terchange circuits with each other in such manner
as may be determined by law.
Section l5 The Court of Common Pleas shall
have exclusive jurisdiction in all cases of divorce,
and exclusive original jurisdiction in all civil cases
and actions er deicto, which shall not be cogniza-
Bile before Justices Of the Peace, and appellate ju-
risdicton in oil such cases as may be provided by
law They shall have power to issue writs of man
ams, prohibition; scre acias, and all other writs
which may be necessary for carrying their powers
Section Is. The Court of Common Pleas shall
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twice in every year. at such stated times and places
as may be appointed by law. 1t shall have juris-
dicton in all matters of equity, but the courts
heretofore established, for that purpose, shall con-
tinue as now organized until the first day Of Janu-
airy, one thousand eight hundred and sixty-nine,
for the disposition Of causes now pending therein
unless otherwise provided by law.
Section IT, The General Assembly shall provide
by law for the preservation Of the records OF the
Courts of Equity, and also for the transfer to the
Court of Common Pleas and Probate Courts, tor
final decision, of all causes that may remain unde,
termined 1t shall be the duty of the judges OF
the Supreme and Circuit Courts to file their deel-
sions within sixty days from the last day Of the
| Section IS. The Court Of General Sessions shall
have exclusive jurisdiction over all criminal cases,
which shall not be otherwise provided for by law.
1t shall sit in each county the State at least three
times in each year. at such stated times and places
as the General Assembly may direct
Section 49, The qualified electors of each coun-
ty shall elect three persons for the. term Of two
years, who shall constitute board Of county ON
missioners, which shall have jurisd diction over
roads, highways, ferries, bridges and all matters
relating to taxes disbursements of money for coun-
ty purposes, and in every other case that may be
necessary to the internal improvement and local
COuCGFuS VI CuG IeSpSCuft COuHIICo IOCtueOt
That in all cases there shall be the right of appeal
to the State Courts
| Section 20. A Court of Probate shall be estab-
lished in each County, with jurisdiction in all mat
ters testamentary and Of administration, In busl-
ness appertaning to minors and the allotment OF
dover in cases of idiotcy and lunacy, and persons
non co,pos naentis The Judge of said Court shall
be elected by the qualified electors of the respec-
tive counties for the term of two years. ...,
Section 81. A competent number Of justices OF
the peace and constables shall be chosen in each
county, by the qualified electors thereof, in such
manner as the General Assembly may direct. They
shall hold their Offices for term Of two years and
until their successors are elected and qualified
which they are elected, and the justices Of the
peace shall be commissioned by the Governor.
Section o. Justices of the peace, individually,
or two or more of them jointly, as the General
Assembly may direct, shall have original jurisdic-
ton in cases of bastardy and in all matters of con-
tract and actions for the recovery Of fines and for
FIXTURES where the amount claimed does not exceed
one hundred dollars, and such jurisdiction as may
be provided by law in actions er delcto, where the
damages claimed does not exceed one hundred DOL
lars and prosecutions for assault and battery ano
other penal offences, less than felony punishable by
fines only.
Section %. They may also sit as examining
courts and commit, discharge, or recognize Except
in capital cases,) persons charged with offences
subject to such regulations as the General Assem-
bly may provide They shall also have power tt
bind over to keep the peace or tor good behavior
For the foregoing purposes they shall have power
to issue all necessary processes.
Section a. Every action cognizable, before JUS
tices of the peace, instituted by summons or war
rant, shall be brought before some justice OF the
peace in the county or city where the defendant
resides, and, in all such causes tried by them tht
right Of appeal shall be secured, under such rules
Section 25. The judges of probate, county com
missioners, justices of the peace and constables
shall receive for their services such compensation
and fees as the General Assembly may, from time
time, by law direct.
Section 26. Judges shall not charge juries in re
spect to matters of fact, but may state the testl
mony and declare the-law.
Section 27. There shall be elected in each coun
ty by the electors thereof one clerk for the Cour
of Common Pleas, who shall hold his Office for thu
term of four years. and until his successor shall b
elected and qualified. He shall, by virtue Of hi
Office, be clerk of all other courts of record helt
herein but the General Assembly may provide by
law for the election of clerk, with like term @
Office, for each or any other Of the courts of record
anu udy duluOllLC 1uO CuuSS VI tnS
to perform the duties Of clerk for his court, unde
such regulations as the General Assembly direct
Clerks of courts shall be removable for such cause
and in such manner as shall be prescribed by law
Section %. There shall be an Attorney. Genera
for the State, who shall perform such duties al
may be prescribed by law. He shall be elected BY
the qualified electors of the State for the term o
four wears and shall receive for his services sucl
compensation as shall be fixed by law.
Section 20. There shall be one Solicitor for eacl
circuit, who shall reside therein to be elected b!
the qualified electors of the circuit, who shall holt
bis Office for the term of four years. and shall re
ceiye for his services such compensation as shall b.
fixed by law. In all cases, where an Attorney TO
the State, of any circuit fails to attend and prose
cute, according to law, the court shall have powe
=, to appoint an Attorney pro tempore
Section 80. The qualified electors OF each count.
shall elect Sheriff. and Coroner, for the term
four years. and until their successors are elected ant
qualified they shall reside in their respective coun
ties during their continuance in office, and be dis
qualified for the Office second time, If 1t shoul!
appear that they or either of them are in detaul
for moneys collected by virtue of their respectlv
offices.
Section 81. Allwrits and processes shallrun, ant
& all prosecutions shall be conducted in the name
the State of South Carolina all writs shall be at
tested by the clerk of the court from which the
shall be issued; and all indictments shall conclud
against the peace and dignity Of the State. -,
n Section 32 The General Assembly shall ,provld
by law for the speedy publication OF the decision