The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-09
AN ACT TO orpunlze the Sup eme Court.

|
An ACT to organize the SUPP eme Court.
I. Be il e,aacted by the Senate and House OF
Representatives of the State Of South Carolina,
now met and sitting in General Assembly, and
| by the authority of the same, The Supreme
! Court shall hold annually at the seat OF gov
ernment two sessions; the one commencing on
the fourth Tuesday Of November, and the
other the first tuesday of April. 1t shall be
the duty OF all the Justices to be present, and
the Chief Justice shall preside. In the alb
sence Of the Chief Justice the Justice oldest
in commission shall preside.
| II. IF at any stated term Of the Supreme
Court two Justices thereof shall moi attend on
the first day of the term, the Justice that may
attend shall have authority to adjourn eaid
Court from day to day, for ten days after the
time appointed for the commencement Of said
tenn. unless two Justices shall 500 Ter attend;
and the business of said Court shall not in
such case be continued over to the next stated
term thereof until the expiration Of said ten
davs. :,
III. The Justices Of the Supreme Court shall
qualify in five months after the date OF their
election, by taking the oath prescribed by the
| thrteth Section OF Article Ii OF the Constltu-
ton, or the Office be declared vacant by the
| Governor, and shall enter forthwith upon the
dnties of their office; such oath OF Office shall
be administered to the Justices chosen at the
first election, if qualified under the constitution,
by the Governor Of the State; and when such
Justices shall be chosen at any subsequent
election, such oath shall be adm nstered in
like manner, and under like conditions and
limitations, by Justice OF said Court.
| Nv. The Supreme Court shall be Court OF
record, and the books of record thereof shall,
at all times, be subject to the inspection OF the
citizens Of the State, or other persons interest
/ ed. The Clerk Of said Court shall have the
1 or1 l.aaY,inu Of ita rpn0r(g and 9hal
furnish certified copies thereof to persons de-
sirlng the same, upon the payment OF the fees
prescribed by law. Said records shall be kept
in the manner prescribed from time to time by
the Jus ice Of the Court.
V. All books of record, all files, and all prop
erty of the Court Of Appeals, Of Law and
Equity, and of the Court OF Errors, existing
South Carolina, shall be transferred to the
Supreme Court, and oil causes pending in
Courts under the laws of said Provisional Gov
erpment shall have dav, be heard, tried and
determined in the Supreme Court without
change OF process or form OF procedure, with
all rights respected and preserved; and all pro-
cesses and recognizances of every kind, whe-
ther THERE respecting bail, bonds, costs Oh otherwise,
which relate to said causes shall be consider
ed as belonging to said Court in the same man
ner as if they had been issued or taken IN re-
ference thereto.
vi. Each of the Justices OF the Supreme
Court shall have power to administer oaths,
issue wrlts OF Injunction, nfqnddn'us, quo toar-
| rdnto ha6eas corpus, and other remedial wrlts,
according to the principles and course of COM
mon law heretofore existing in the State Of
| south Carolina, which is hereby declared to be
| oil force so fur as applicable and not inconsls-
| tent with the constitution, subject, on motion
| of either party, to re-examlnatlon, afhrmance
or reversal, and final adjudication by the pro-
! per jurisdiction.
VII. The Sheriff of Richland County shall
attend every session of the Supreme Court to
perform such Official service as by the sid
court shall be required, and he shall be allowed
and paid therefor at the rate OF five dollars
per day. Said sheriff shall, under the direc-
ton of the Chief Justice, secure suitable
room Ii which to hold said court, and Offices
for use of the same, and provide necessary fur
nitu1c. printing, blank books, stationery, fuel
| and lights; and the accounts and vouchers for
| all Of said expenditures and services shall be
certified to under oath by said sheriff, approved
by the Chief-Justice, audited by the Comptrol-
lcr. General, and paid by the Treasurer OF the
State, out Of any funds not otherwise appro-
priatcd
VIII. A specia! term of the Supreme Court
shall be held in the City of Columbia on the
tuird Monday III September, A. D. 1861 at
twelve o'clock NJ. OF that day, or as soon there
after as practicable, at WHICH term said court
! shall have authority 70 trausaCt any pusncss
pertaining thereto, which, IN their Judgment,
may require dispatch.
TX. All acts and parts Of acts inconsistent
with this act OF supplied by it, are hereby re-
| pealed
In the Senate House, the eighteenth day Of
September, in the year OF our Lord one thou
sand eight hundred and sixty-eight.
L. BOOZER,
President of the Senate.
FRANKLIt J, MOSES, Jr.,
Speaker House Of Representatives.
| Apcroyei: ROBERT K. SCoTT, Governor.