The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1868-04-08

all mattefS felaClnS 10 taxes, GlS
bursements Of money for County
purposes, and in every other case
that may be necessary to the in.
ternal improvement and local con.
Germs of the respective Counties
| Provided, That in all cases there
shall be the right of appeal to the
| State Courts.
Sec. 20. A court of probate
shall be established in each Coun-
ty, with jurisdiction in all matters
testamentary and Of administra-
tion, in business appertaining to
minors and the allotment Of dow
er in cases of idiotcy and lunacy,
and persons non compos naentis.
The judge Of said court shall be
elected by the qualified electors of
the respective Counties for the
term of two years.
| Sec. 21. A competent number of
Justices of the peace and consta-
bles shall be chosen in each Coun-
ty by the qualified electors there
of, 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. They
shall reside in the County, city Or
beat, for which they are elected,
and the justices of the peace shall
be commissioned by the Cover
nor. 80 g.. .....
| Sec. 20. Justices of the Peace,
individually, or two or more OF
them Jointly, as the General AS
| Sembly may direct, shall have ori-
| ginal Jurisdiction in cases Of bas-
tardy, and in all matters Of con-
tract, and actions for the recovery
| of fines and forteitures where the
ac1n o1s4.t-- --e!ssissseeeal--tlees 1Iet--e-xcecd
800, and such jurisdiction as may
| be provided by law in actions er
dflicto, where the damages claimed
do not exceed 500, and prosecu-
tions for assault and battery and
other penal offences less than felo-
ny punishable by fines only. .
Sec. %. They may also sit as
examining courts, and commit;
discharge or recognize Except in
capital cases) persons charged
with offences, subject to such reg
ulations as the General Assembly
may provide ; they shall also have
power to bind over to keep the
peace or for good behavior. For
the foregoing purposes, they shall
have power to issue all necessary
processes.
Sec. "a. Every action cogniza-
| bic before Justices 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 re-
sides, and in all such causes tried
by them, the right of appeal shall
be secured under such rules and
regulations as may be provided by
law.
Sec. 25. The Judges of Probate,
County Commissioners, Justices
Of the Peace, and Constables,
shall receive for their services
such compensation and fees as the
General Assembly may from time
to time ty law direct.
Sec. 26. Judges shall not charge
juries in respect to matters of fact,
but may state the testimony and
declare the law.
Sec. 27. There shall be elected
in each County, by the electors
thereof, one clerk for the Court of
Common Pleas, who shall hold his
office for the term Of four years,
and until his successor shall be
elected and qualified. He shall,
by virtue of his Office, be clerk Of
all other courts of record held
therein ; but the General Assem-
bly, may provide by law for the
election of a clerk, with like
term Of Office: for each or any 9TH
:er OF the courts of record, and
may authorize the Judge of the
Probate Court to perform the du-
| ties of clerk for his court, under
such regulations as the General