The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-06

cult Courts who is not at the time OF his cleo
ton citizen Of the Urited States, and has not
resident Of this State for five years next pre-
ceding his election, Or from the adoption OF
this constitution.
Sec. 13. All vacancies in the Supreme Court
or other inferior tribunals shall be filled BY
election; Provided, That if the rnexpired term
does not exceed one ye ar, such vacancy may be
filed by Executive appointment. all Judges,
by virtue Of their Office, shall be conserviters
of the peace throughout the State.
Sec. Il. In all cases decided by the Supreme
Court, concurrence Of two OF the Judges
shall be necessary to decision.
SEQ Is. The State shall be divided into conve-
nient circuits, and for each circuit judge
shall be elected by the qualified electors thereof
who shall hold his Office for term Of four
years, and during his continuance in Office he
shall reside in the circ nit OF which he is judge
interchange circuits with each other in such
manner as may be determined by law.
SEQ IL. The Courtt Of Common Pleas shall
have exclusive jurisdiction in all cases Of di-
yorce, and exclusive original jurisdiction in all
civil cases and actioIs eg detioto, which shall
not be cognizable before Justices Of the Peace,
and appellate jurisdiction in all such cases
as may be provided ty law: They shall have
power to issue writs OF n,nnddnnus, prohibition,
scre facids, and all other writs which may be
necessary for Carrying their powers fully into
effect.
SEQ. 1s. The Court of Common Pleas shall
sit in each Judicial District in this State at least
twice in every year, st such stated times and
places as may be appointed by law. It shall
have full jurisdiction in all matters Of equity,
but the courts heretofore established for that
purpose shall continue as now organized until
The first day Of January, one Thousand eight
hundred and sixty-nine, for the disposition Of
causes now pending therein.
SEC. 10. The General Assembly shall provide
by law for the pres srvation Of the records Of
the Courts Of Equity, and also for the transfer
to the Court of Common Pleas and Probate
Courts for final decision Of all causes that may
remain undetermined.
SEQ. 20. The Court OF General Sessions shall
have exclusive Jurisdiction over all criminal
cases which shall not be otherwise provided
for by law. It shall sit in each Judicial District
in the State at least three times in each year,
at such stated times and places as thu General
Assembly may direca.
SEQ. 21. The qualified electors Of each Judi
cial district shall elect three persons for the
term Of two years, Who shall constitute Dis
over roads, highways, ferries, bridges, and in
all matters relating to taxes, disbursements of
money for district purposes, andin every other
case that may be nec essary to the internal i'm
provement and local concerns Of the respective
districts.
SEQ. %. A Court CT Probate shall be estab-
lshed in each judici district, with jurisdiction
in all matters testataentry and Of administra-
ton, in business appertaining to minors and the
allotment Of dover in cases ofidiotcy and luna
cy, and persons non cGHlpos Tle1tis. The Judge
of said court shall be elected by the qualified
electors Of the respective districts for the term
of two years.
SEQ. 2S. A compe tent number OF Justices OF
the Peace and ConJtables shall be chosen in
each district by the qualified electors thereof,
In such manner as ;he General Assembly may
direct; they shall lold their Offices for q term
Of two years, and until their successors are
district, city or beat, for which they are elect
ed, and the Justices Of the Peace shall be COM
missioned by the Governor.
SEQ. a. Justices of the Peace, Individually,
or two or more Of ahem jointly, as the General
may direct, shall have original juris-
diction in cases OF bsstardy, and In all matters
Of contract, and lotions for the recovery OF
fines and forteiturss where the amount claimed
does not exceed one hundred dollars, and such
jurisdiction as may be provided by law IL ac-
tons er delacto, where the damages claimed
does not exceed one hundred dollars; and
for assault and battery and other
penal offences less than felony, punishable by
fines only.
SEQ. 25. They may also sit as examining
courts, and commit, discharge, or recognize
persons charged with offences not capital, sub
ject to such regulations as the General Assem-
bly, may provide; they shall also have power to
bind over to keep the peace, or for good beha-
viour. For the foregoing purposes they shall
have power to issle all necessary process.
SEC. 26. Every action cognizable before JUS
tices Of the Peace, instituted by summons or
warrant, shall be brought before some Justice
OF the Peace in ghe district or city where the
resides, 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. q. The Judges of Probate, District
Court Judges, Justices of the Peace, and Con-
stables, shall receive for their services such
and fees as the General Assem-
bly, may from time To time by law direct.
SEC. %. No person who has arrived at the
age of seventy years, shall be appointed or
elected to, or shall continue IN the Office Of
Judge in this Sttte.
SEC. 20. Judges shall not charge juries in re-
spect to matters Of fact, but may state the
Testimony and declare the law.
SEC. so. There shall be elected in each Judi
cial District, by the electors thereof, one clerk
for the Court Of Common Pleas, who shall hold
his Office for the term OF three 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 Assembly may provide by law for the
election of clark, with like term OF Office,
for each or any other of the courts of record,
and may authorize the Judge Of the Probate
Court to perform the duties OF clerk for his
court, under such regulations as the General
Assembly may direct. Clerks Of courts shall
be removable for such cause, and in such man
ner as shall be prescribed by law.
SEC. 81. There shall be an Attorney-G General
for the State, who shall reside at the seat OF
and shall perform such duties as
may be prescribed by law. He shall be elected
by q Joint vote Of both branches Of the General
Assembly for the term Of two years, and shall
receive for his services compensation to be
fixed by law.
SEC So. There shall be one Solicitor for each
circuit, who SHALL reside therein, to be elected
by the qualified electors OF the circuit, who
shall hold his Office for the term Of four years,
and shall receive for his services comPensa-
ton to be fixed by law. In all cases where en-
attorney for The State, Of any circuit, fails to
attend and prosecute, according to law, the
court shan have power to appoint an attorney
pro temp0re.
trict shall elect Sheriff, a Coroner, and Dis,
trict Surveyor, for the term Of two years, and
until their successors are elected and qualified;
they shall bu commissioned by the Governor,
reside in thei: respective districts during their
continuance in Office, and be disqualified for
the Office a second time, Il it should appear
that they or either Of them are in default for
monies collected by virtue Of their respective
Offices
SEC. 81. AL writs andnrocess shall run, and
all prosecutions shall be conductedin the name
Of the State OF South Carolina; all writs shall
be tested by the clerk Of the court from which