The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-21

Julius Poppe, Anderson G. q.
[OFFICIAL]
Acts Passed at the Late Session of
the Legislature.
PoRARY APPOINTMENT OF MAGIs-
TRATEs, AND TO DEFINE THEIR
POWERS AND DUTIES.
l. BE IL enacted by the Senate and
House Of Representatives Of the State
Of South Carolina, no,O met and sitting
IN General assembly, and blythe amho-
rity Of the same, Until the organiza-
tion of the Courts contemplated by
Section 21, % and 23, of Article
fourth, of the Constitution, the Co.
vernon is hereby authorized, en-
powered and required to appoint q
suitable number of fit and discreet
persons in each County to act as
Magistrates for such Counties, which
persons he shall commission; and the
practice in such Magistrate Courts
shall conform to the law as hereto
fore existing, SO far as the same is
not inconsistent with this Act, or
with the provisions of the Constitu-
tion of this State, as ratified in April,
1868.
III. On receiving such commission,
and before entering upon the duties
of their offices, such Magistrates shall
take and subscribe before the Clerk
of the Court of their respective Coun-
ties the oath required by Section 80,
Article 2, of the Constitution, and file
the same in his Office, unless in Coun-
ties where such Clerks may not be
qualified according to law; and in
such cases the said oath shall be ad-
ministered by any officer authorized
to administer oaths in the County
where such Magistrate may be ap-
and such oaths so admins
tered shall be filed in the Office of the
Secretary of State. And such Magis-
trates may Immediately enter upon
the discharge of their duties.
III. Such magistrates shall have
original jurisdiction in cases of bas-
tardy, and in all matters of contract
and actions for the recovery of fines
and forfeitures, where the amount
claimed does not exceed ninety-nine
dollars; and in cases of actions ec
delicto, where the damages claimed do
not exceed ninety-nine dollars; and
prosecutions for assault and battery,
and other penal offences less than
felony, punishable by fine not ex-
ceeding ninety-nine dollars. They
may also sit as examining courts,
and commit, discharge or recognize
Except in capital cases. persons
charged with offences. 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 pro-
cesses.
Nv. The Governor OF the State is
hereby authorized and empowered,
upon such evidence as may to him be
satisfactory, to sum marily remove any
Magistrate of this State.
V. Either party to q suit before a
Magistrate shall be entitled to a trial
by jury.
vi. In civil cases the parties may
agree on q jury, but when thew do
not agree, and also in criminal causes.
a jury shall be selected in the follow
ing manner: The Sheriff, Constable.
or officer appointed by the Magis,
trate, shall write and fold up eighteen
ballots, each containing the name of
o respectable voter of the vicinity: he
shall deliver the ballots to the Magis
trate, who shall put them into box
aid shake them together, and the
officer shall draw out one, and the
person so drawn shall be one of the
jury, unless challenged by either
party; and the officer shall thus pro-
ceed until he shall have drawn six
who shall not be challenged; but if
the first twelve shall be challenged.
and the parties do not agree to
choice, the last six shall be- the Jury; /;
and when any of the six Jurors so
drawn cannot be had. or are dis
qualified by law to act in such case,
and the parties do not supply the