Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-04-01

Oh Tie peace anu CoHStipieo Sua.i ~
IN each county by the qualified electors there
Of in such manher'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 county, city, or beat for which they arc
elected, and the justices of the peace shall
be,com missioned by the Governor.
Sec %. Justices of the peace, individually,
or two or more of them jointly, as the .Genel
raj Assembly may direct, shall have orIglnal,,
jurisdiction in cases of bastardy, and In all
matters of contract, and actions for the re-
coyery of fines and forfeitures where the
amount claimed does not exceed one hundred
dollars and such jurisdiction as may be pro-
yided by law in actions er delicto, where the
damages claimed DO not exceed one hundred
dollars aud prosecutions for assault and bat
tcry and other penal offences less than felony
punishable by fines only.
SEC. 23. They may also sit as examining
courts and commit, discharge, or recognize
(except in capital cases), persons charged
with offences, subject to such regulations; as
the General Assembly may provide. Ihey
shall also have power 10 bind over 10 keep the
peace or for good behaviour. For the lore
going purposes they, shall have power to Is
sue all necessary processes.
SEC. 81. Every action cognizable before
justices of the peace instituted by summons
or warrant shall be brought before some JUS
tcc of the peace in the county or city where
the defendant resides, and, in all such causes
tried by them, the right of appeal shall be Sc
cured, under such rules and regulations as
may be provided by law.
SEC. 25. The Judges Of probate, county
commissioners, justices of the peace, and con:
stables shall receive for their services such
compensation and fees as the General Assem-
bly, may from time to time by law direct.
SEC. &c. Judges shalt not charge jurlcs IN
respect t3 matters OF fact, but may state tae
testimony and declare the law.
SEC. 81. There shall be elected in each
county by the electors thereof, one clerk tor
the Court of Common Pleas, who shall hold
his Office Tor the term OF four years, and until
his successor shall be elected and qualified.
lie shall, by virtue of his olica, be clerk OF all
other courts of record held herein; but the
General Assembly may provide bY las for tic
election of u clerk, with like term oil oilce,
for each or any other of the courts Of record,
and may authorize the Judge Of the Probate
Court to perform the duties Of clerk for his
court. under such regulations as the General
Assembly may direct. Clerks cf courts shall
5e removable ior such cause, and in such
manner as shall be prescribed by law.
SEC. 2S There shall be an Attorney Cen
eral :or the State, who shall perform such du-
ties as may be prescribed by law. He shall
be elected by the qualified electors Of the
State for the term Of four years, AID shall re-
ccyc for his services such Compensation as
Shall be fixed by law.
SEC. %. There shall be one Solicitor Cor
each circuit who Shall reside therein to be
ec,ea by the qualified electors OF tine cir
cult. who shall hold his Office for the tcrm o.
four wears, and shall receive ior his services
such compensation as shall be fixed by las.
Ii nil cases, where an Attorney for the State,
U? any circuit, fails to attend and rro"ccnto,
accoriing to law, the court shall have power
to app int n: Attorney pro lemp01r.
SEC. 30. The qlalif~d electors o! each coun-
t. shall elect Sheriff, and 4 Coroner, l5r the
term of four years, aud until their successors
are elected and qualii3d; they Shall reside
in ;cr respective counties during ;heIr con-
iinua:ce in ,liicc, a,rl be disqualified for Tie
Office second time, il it should appear that
they or either o! them are in !canit lor mo
nois collected by. virtue oi their respective
offices
SEC. 81. All w.,s and processes shall run,
aad III rr s.cuions shall be conducted in the
name of Tie S;a,c If s,va;l Carolina Ill
wrirs shall b, a,tcstcd BY the clerk Of the
colrt from which ihcy Stall he issued ,ai:d
ali. indictments Snail coacnde against The
peace AID ,:i-.sitv Of the State.
SIC. 81. Tie General Assembly shall pro-
yid. by Inv for the speedy publication o! Tie
decisions of tie Saprcmc Court made uIde:
this consttutitn
Mr.. B. o. Duncan stalcl that the Chair
mau Of tie Committee on the Judiciary was
not present, and he would State that tue
Chairman lad prepared an addiional section
to tie above department, making 1t section
33, which covers an ordinance passed by thiS
convention annu!iag all slave debts.
SEC. 81. The family homestead o! the head
of each famiit, residing in this State, such
homestead consisting Of dwelling house, out
buildings anl lands appur'cnan'. not to cx.
Coed the value Of oae thousand dollars. and
yearly product thereof shall be exempt from
attachrcnt, levy or sale Oil any mcsnc or iiua
nroccss issncd from any court. TO secure thC
full enjoyment Of said homestead exemption
10 lse person entitled thereto, or the head o
any family, the personal property OF sucL
person, of the following character, to wit
household furniture, beds and bedding. library
arms. carts, wagons, farming implements
tools, neat cattle, work animals, swine, goa''
and sheen. not TO exceed in value in the az
qreaate sum of irc hundred dollars. shall bt
Subject to like exemption as said homestead
and there shall be exemption in addition
thereto the necessary wearing apparel; FRO
riIe9, That no property, shall be exempt from
attachment levy or sale, for taxes, or for pay
mcnt Of obligations contracted for the pur
chase Of said homestead. or the erection
improvements thereon; Provided, further
That the yearly products Of said Homestead
shall mot be exempt from attachment, levy o
= sale, for the payment of obligations contracts
! in the production. of the same. 1t shall b
! the duty OF the General Assembly at its tirs
session 10 enforce the provisions oil this sec
: ton by suitable legisation.
Mr.. Craig opposed the introduction of sue
, n section in the constitution as coming Il
y conflict with that part of the Constitution
the United States which prohibits any Stat
r r from impairirg the validity Of obligations an
5 contracts, Ifadopted he would be compelle
!. . to vote agaiast the constitution. o. :,
Article V, VI, and VII. then read
third time and passed-as iollows -
# :, ARTICLE y.
C JURIspRUDESCE, I'll.
SEC. l. The General Assembly shall pas
IS such. laws as may be necessary and proper
l. decide differences by arbitrators to be al
) pointed by the parties who may choose thi
"A summary mode OF adjustment.
h SEC. 2. 1t shall be the duty of the Generi
e Assembly to pass the necessary laws for til
-. e ,,nnnn in nil nnsns civil and Grim