Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1868-04-03


! State shall hc vested in Supreme Court,
in TWO Circuit Courts, to wit : A Court OF
Common Pleas, having civil jurisdiction
and Court Of General Sessions. with
criminal jurisdiction only in Probate Courts,
and in Justices of the Peace. The General
Assembly may also establish such muni-
cip"l and other inferior courts rs may &C
deemed necessary.
SEC. Q. The Supreme Court shall CON
sist Of II Chief Justice and two Associate
Justices, two Of whom shall constitute II
quorum. They shall be elected by join,
vote Of the General Assembly for the term
Of six years, and shall continue in Office
until their successors shall Le elected and
qualified. They shall be so classified ,la,
! Quo Of the Justices shall 60 out Of cilice
every tw" years.
SEC. B. Tic Chief Justice elected under
this constitution shall continue in o flee for
six years, and the General Assembly, i'm
mcdiatcly after the sail election, shall de-
tclminc by lot which Of the two Associate
Justices elect shall servo for the term Of
two years, and which for the term Of four
years; and having so determined the same
1t shall lc the duty Of lhc Governor to
commission them accordingly.
SEC. 4. The Supreme Court shall have
appellate Jurisdiction only in cases Of chan
Gerry, and shall constitute cour, for the
correction Of errors at law, under such reg
u'aiions as the General Assembly may Ly
law prescribe :. Proriisl, That said cour,
shall always have power TO issue writs
injunction, mandamus. q"o ec.7rcuto, hu-
dcds corpus, and such other original and
remedial wrils as may he necessary 10 give
it Il general supervisory control over all
other courts in this State.
SEc.5. Tie Supreme Cur, shall be kell
al least once in each year, at the seat Of
government, and at such other pIace or
laces in tho State us the General Assembly
may direct. .'.G
SEC: Q. 80 i.ylge shall preside on the
"i"i Of 90: l"Ha-A in Ale event Of which lie
may be inter: slel, or where either Of the
rDrues; shall bc cunncc cd with him by a-
tiuily or consanguiuity. within sucl, degrees
90 ipay be prescribed by law, or in which
he may have been counsel, or have pre-
sided in any inferior urt, except Ivy con-
sent Of all The parlits. In case MI or any
Of file Jndses Of Abe Supreme Court shall
be thus di*qus!:Gsl from presi.lins on any
cause, or causes, LIE scour: or the Judge
thereof sk:tll ce,ti " the same 10 the Gov
ernor If The State; and hc shall Immediately
eom"isslun. specially, the requisite nu,nLcr
Of men learned in the law for the trial and
determination thereof. Tho same course
shall lie pursued in the Circuit, and lnfe-
'ior ConrisEaA is pre'ciibed1 in this section
for eases Of ffie Supreme Court.
Sec. Z. There shall be appointed by the
Ju:lges Of the Supreme Court reporter
nnl clc'k Q! SAID cou,t, who shall holl
their Offices for two years. and whose duties
mud compensation shaIl be prescribed by
law.
SEC. g. When Judgment or decree is
reversed or nilirnc 10y the Supreme Court,
every point made and distinctly stated in
writing in the cause, and fairly arising npon
the recorl Of tn. case, shall lie considered
ana decided; ani the reasons therefor
shall be concisc!y aud briefly stated in
writing, aud preserved with the records Of
the case.
SEC. Q. The Judges OF the Supreme
Court and Circuit Curt shall, ut stated
times, receive compensation for their SER
vices, 10 be fixed ty law, which shall not
be diminished during their continuance in
6nicc. They sl,n'! not he allowed any fees
or pcrqnisi:cs Of Office, nor shall they hold
any other "ifire ct trust or profit u,der this
Safe, tie United States, or any other
power.
Sec. 10. No person shall I've eligible to
the eilise Of Judge Of ffe Supreme Court
ur Circuit Courts WHO is not ut The lime of
his election citizen Of The Uni,eI States,
and has not attained the age Of thirty yea,s,
and been resident of this State for five
years next preceding his election, or from
Ike adoption Of this constitution.
2SEc. ! I. All vacancies in the Supreme
Court or other inferior tribunals shall he
filled Hy election, as herein prescribed !;
Proridcq,, That if tie unexpired term does
not exceed one year, such vacancy may he
filed BY Executive apooin,m mt. All
Judges, 10y virtue Of their offi:e. shall lie