The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-11
of November and tl,e sotber tba iiysE

iof November, and the other the fifst
iTneadny Of &pfi9. iLf shall be the
Ednty Of OIL the Justices to be, present.
and the Chief Justice shall preside.f
In the Absence of the Chief Justice,
Ithe Justice oldest In commission
shall preside, OIkoa., o. tts,S5 & 4
q ILS Ifsat any stated torn OF the
! Supreme Court, two Justices thereof tfiii eereesooff
shall not attend on the first day of
the term, the Justice that may attend
shall have. authority to adjourn said
Court from day to. day, for ten days
after the time appointed for the com
mencement of said term, unless two
Justices shall sooner 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 days.
III. The Justices Of the Supreme
| Court shall qualify in five months
after the date of the election, by talk
ing the oath prescribed by the thir-
tleth Section of Article II of the
Constitution, or the Office be declared
vacant by the Governor, and shall
| enter forthwith upon the duties of
their Office; such oath of office shall
be administered TO the Justices
chosen at the first election, if quail
fed under tho Constitution, by the
Governor of the tate; and when
such Justices shall be chosen at any
subsequent election, such oath shall
be administered in like manner, and
under like conditions and limitations,
by Justice of said Court
Nv. The Supreme Court shall be n
Court OF Record, and the books of
record thereof shall, OF all times, be
subject to the inspection of the citi-
zens of the State, or other persons
interested. The Clerk of said Court
shall have the custody and keeping
of its records, and shall furnish certi-
fed copies thereof to persons desir-
ing 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
Justice of the Court.
V. All books of record, all files,
and all property of the Court of APP
peals, of Law and Equity. and of the
Court of Errors, existing under the
late Provisional Government of South
Carolina, shall be transferred to the
Supreme Court, and all causes pend
ing In Courts under the laws of said
Provisional Government shall have
day, be heard. tried and determined
in the Supreme Court without change
of process or form of procedure, with
all rights respected and preserved;
|
of every kind, whether respecting
bail, bonds, costs or otherwise,
which relate to said causes, shall be
considered as belonging to said Court
In the same manner, as if they had
been issued or taken in reference
thereto.
vi. Each of the Justices of the
Supreme Court shall have power to
administer oaths, issue writs of in
Junction, nadnddnaus, quo qudrrdntO,
hdbeaS corpus, and other remedial
writs, according to the principles
and course of common law heretofore
existing in the State of South Caro-
lima, which is hereby declared to be
of force so far as applicable and not
inconsistent with the Constitution,
subject, on motion of either party,
to re-examination, affirmance or re-
versal, and final adjudication by the
proper jurisdiction.
VII. The Sheriff of Richland
County shall attend every session Of
the Supreme Court to perform such
official service as by the said 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 direction of the Chief
Justice, secure q suitable room in
which to hold said Court, and offices
for use Of the same, and provide
necessary furniture, printing, blank
books, stationery, fuel and lights;
and the accounts and vouchers for
oil of said expenditure and services,
shall be certified to under oath by
said Sheriff, approved by the Chief
Justice, audited by the Comptroller
General, and paid by tho Treasurer
of the State, out of any funds not
otherwise appropriated.
VIII. A special term of tho Su-
preme Court shall be held in the city
of Columbia, on the third Monday in
September, A. D. 1868, at - o'clock
M. of that day, or as soon thereafter
as practicable, at which term said