Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-02-13

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SEC. l6. Judges Of the Circuit Courts shall in
lterchanpe circuits with each other in such manner
as may be determined by law. :,
SEC. II. The Courts of Common Pleas shall
have exclusive jurisdiction in oil cases Of divorce
and exclusive original jurisdiction in all civil eases
and actions er decto which shall not be cognizabe
before Justices of the Peace and appellate juris-
diction in all such cases as may be provided by law.
They shall have power to issue writs Of n,andana,s
prohibition, sce tacias, and all other writs which
may be necessary for carrying their powers fully
into effect.
Sec. Is. The Court of Common Pleas shall sit
in each Judicial District in this State at least twice
in every year, at such stated times and places as
may be appointed by law. 1t shall have full ju-
risdiction in all matters Of equity, but the courts
heretofore established for that purpose shall con-
tinue as now organized until the first day of Janu-
ary, one thousand eight hundred and sixty-nine,
for the disposition Of causes now pending therein.
Sec. 49, The General Assembly shall provide
by law for the preservation 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 unde-
termined.
SEC. 20. The. Court of General Sessions shall
llufc OfCk SocSo
which shall not be otherwise provided for by law.
1t shall sit in each Judicial District in the State at
least three times in each year. at such stated times
and places as the General Assembly may direct.
SEC 81. The qualified electors Of each judicial
district shall elect three persons for the term OF
two years, who shall constitute District Court,
which shall have full jurisdiction over roads, high
ways ferries, bridges, and in all matters relating
to taxes, disbursements of money for district pur
poses and in every other case that may be necessa
ry to the internal improvement and local concerns
Of the respective districts. ..,-
Sec %. A Court of Probate shall be establish
ed in each judicial district, with Jurisdiction in all
matters testamentary and of administration, in bu.
sness appertaining to minors and the allotment Of
DOVER in cases Of idiotcy and lunacy, and persons
be elected by the qualified electors Of the respect
i've districts for the term of two years -,
SEC. %. A competent number Of Justices OF
the Peace and Constables shall be chosen in each
District by the qualified electors thereof, in such
manner as the General Assembly may direct; they
shall hold their Offices for term of two years, and
until their successors are elected and qualified
They shall reside in the district city or beat, for
which they are elected, and the Justices Of the
Peace shall be Commissioned by the Governor
Sec. a.. Justices of the Peace, Individually, or
two or more of them jointly, as the General As
sembly may direct shall have original jurisdiction
in cases of bastardy, and in oil matters Of contract
and actions for 9he recovery Of fines and foeitures
hundred dollars, and such jurisdiction as may be
provided by law in actions e1 delicto, where the
damages, claimed does not exceed one hundred dol.
lars; and prosecutions for assault and battery and
other penal offences less than felony, punishable by
fines only.
Sec. Is. They may also sit as examining courts,
and commit discharge, or recognize persons charg-
ed with offences not capital, subject to such regu-
lahons as the General Assembly may provide
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 neces-
sary process; -,
ces of the Peace instituted by summons or war
rant, shall be brought before some Justice Of the
Peace in the district or city where the defendant
resides, and in all such causes tried by them, the
M ghts agasat sAa E seeRsfad Ss iaR rules
Judges Justices of the Peace and Consables, shall
receive for their services such compensation and
fees as the General Assembly 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 State.
Sec. 90. Judges shall not charge juries in re-
spect to matters of fact but may state the testimo
ny and declare the law.
SEC. 30. There shall be elected in each Judicial
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 pro-
vide by law for the election of clerk, with like
term Of Office, for each or any other Of the courts
of record, and may authorize the Jud of the Pro
bate Court to perform the duties of clerk for his
court, under such regulations as the General As
sembly may direct Clerks of courts shall be re-
movable for such cause, and in such manner, as
shall be prescribed by law.
Sec. 81. There shall be an Attorney General
for the State, who shall reside at the seat Of Gov
crnment, and shall perform such duties as may be
prescribed by law. He shall be elected by a joint
the term Of two years, and shall receive tor his
services compensation to be fixed by law.
Sec. 80. 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 re-
ceive for his services compensation to be fixed by
law. Tn all cases where an Attorney for the State
Of any Circuit, fails to attend and prosecute, ac-
cording to law, the court shall have power to ap-
point an attorney pro tenlpore.
SEC. 33. The qualified electors Of each district
shall elect Sheriff, Coroner and District Sur
yeyor, for the term of two years, and until their
successors are elected and qualified; they shall be
commissioned by the Governor, reside in their re-
spective districts during their continuance In office,
and be disqualified for the Office second time, II
! it should appear that they or either Of them are
in default for monies collected by virtue Of their
respective Offices
SEC. "a. All writs and processes shall rum and
all prosecutions shall be conducted in the name Of
the State of South Carolina; alwrits shall be test
ed by the clerk of the court from which they shall
be issued and all indictments shall conclude a.
gainst the peace and dignity of the State.
SEC. 35. The General Assembly shall provide
by law for the speedy publication Of the decisions
Of the Supreme Courtmade under this constitution.
- ARTICLE -.
JURISPRUDENCE
i SEC. /. The General Assembly shall pass such
laws as may be necessary and proper, to decide diff
ferences by arbirators to be appointed by the par
ties who may choose that summary mode Of ad
i justment.
SEC. 2. 1t shall be the duty of the General As
sembly to pass the necessary laws for the change
ofyenue in all cases, cviand criminal, over which
the Circuit Courts have original jurisdiction, upor
proper showing, supported by affidavit, that
fair and impartial trial cannot be had In the LIS
trict where such trial or prosecution was commenced
SEC. 3. The General Assembly, at its first ses
sion after the adoption of this constitution, sfal
make nroyision to revise digest, and arrange, un