Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-04-01
Constitution f.the South Carolina.
Radical Negro Convention. -
ARTICLE ".
JUDICIAL DEPARTMENT.

JUDICIAL DEPARTMENT.
{. SEC. /. The Judicial power of this State
shall be vested in Supreme Court. in two
Circuit Courts, to wit: A Court of Common
Peas, having civil jurisdiction, and "a Court
of General Sessions, with. criminal jurlsdic-
ton only in Probate Courts and in justices
of the Peace. The General Assembly may
also establish such municipal. and other
inferior Courts as may be deemed necessary.
SEC. g. The Supreme Court Shall consist OF
Chief Justice and two Associate justices.
two OF. whom shall constitute quorum. They
shall be elected by a joint vote of the Gene.
RAJ Assembly for the term Of six years, and
shall continue in Office until their successors
shall be elected and qualified. They sbay be
so classified. tlet Que OF the Justices shall go
out OF office every two years.
SEC. 3. The Chief Justice elected under thus
constitution shall continue in office Tor SIX
wears, and the General Assembly immediate
ly after the said election shall determine. by
let which OF the two Associate Justices elect
shall serve for tue term oI two years and
which for the term of four years; ard haV-
iug SO determined the same, 1t shall be The
duty of the Governor to commission them &C.
cordingly
se.'. a. The Supreme Court shall have ap-
relttc jurisdiction oniy in cases OF ChancerJi
aad shail cuDsli,ute {. coart TOR tue correcuon
ol errors at Jaw, under SUCH regulations as
The General Assembly may by law prescribe
Prorided. The sald court shall always nave
power to issue w-its Of ,jacction, nlanddm"s,
G,lo ,caryaRto hobeds corpus, and sucn Other
original anG rcirea'al wfils as may De- ncces,
sary TO give it ! general Supervisory control
over ali other COURTS in the State.
SEC. ). The Surrcme Court shall be held
at least once in each year, at the seat OF gov
.rrrnent, and al such other place or places
in the State as the General Assembly may
direct
SEC. {. No ojulge shall preside on the trial OF
anv cause in the event Of which be may be
interested, or wGere either Of the parties shall
be connected with MIN BY affinity or consan-
guini;y within such degrees as may be pre-
scribed by law, Or in whica he may nave
been counsel, or Lave presided in any inferior
cour; except by consent of ail the parties II
case all or any Of rhe judges Of the Supreme
Court Shall be tnus Disqualified FROM presid'
;rr On any cause or causes, tie court or tlc
indrcs thereof shall certify The same to the
Governor OF the State. and ne shall immedi-
atcly commission. specially, The requisite mum.
Der Of run learned il The aw for the trla!
au6 determination thereof. The same course
Shall be pursued in the Circuit and lldericr
Cour:s rs is prescribed in this section Tor cases
Of The Supreme Court.
SEC. I. There stall be appointed By TIE
Judges of the Supreme Court q reporter and
cicr;; ofsaid court, WHO shall .old their Offices
:or two wears. and whose duties and compen-
sa,ion shaI! be prescribed by law.
SEC. s. When Judgment or decree is re
verse;! or aiirned Dy the Supreme Court, eve
~ poin, made and distinctly stated in writ
ing m .re cause, and airy arising upon the
,ecord Of The ca-c, Shall be considered and de-
cidel: and the reasons therefor Shall he con-
cisaiy and briefly stated iii writing, and pre-
served with III. records Of tie case
SIC. .. The JUDGES oi The Supreme Court
ard gircait Courts shali. a, stated times, re-
GIVE Il C cn.pensat;an Tor their services, 10 be
fixed by law, which shall Mt be dim;"lShea
during their con,i;rancc in oilice. They snal!
not We allowed any fee. OF pe:qnisiles OF f.
flee. nor shall ia'y ho:d any other o!;ice a
trust or profit under this State, the United
States or any ot!.cr power.
Src. 10 No person sla! ba eli.,ble to the
Office Of Judge of I'll: Supreme Court or CIR
emit Courts who is not II the lime Of his elec
t;oc . oit:z:r o: the Un;tri States, and has
not attained the age 0; 1n;rty years, and beei
resident VI this State fcr five years next pre-
ceding his election or from .he adoption q
this cons,itnlion.
SEC. II. An vacancies IN the supreme
Cauct CT other inferior tribunals shall he MI
] ed b. election, as herein prescribed; Pr0r'd
eel, That if the unexpired tcrm does not tX
ceed one year, such vacancy may be !iilcd y
executive appointment. All Judges, by VIRTUE
of their office, shall be conscrvators OF tat
peace throughout the State.
SEC. II. Ia oil cases decided by the So
oren,e Court, a concu-rarcc of two o: tn
in5,cs g,an he necessary to decision.
SIC. l3. The State shall be divided intt
Convenient circuits, and for each circuit
Judge shall be elected by joint ballot OF +. tn
Gener. Assembly, who shall hold bis olllc
Coy a term oC four years, and during bis con
t;nnanco in office he shall reside in the cir
cult Of which he is Judge.
! SEC. II. Judges Of the Giro ut Court sha
Interchange circuits with each other in sue
manner as may be determined by law.
SIC. IL. Tie Courts Of Common Plea
sha)! have exclusive jurisdiction in all case
Of divorce, and exclusive original jurisdictio
in all evil cases and actions &C dclict0, whlc
/ ,hall not be cocn.zabIe befre Justices of tn
7 pace, and appellate Jurisdiction in all sue
.,..s ~ NM he ,rJvlGcd by law. The
sht,l have pcwer TO issue wri,s of mania'"M
nrnh:c;;io;,. sri,e .i;,ci,s and all other VIII
which NAV be lccnssary for carrying the
power fully nto ciisci.
SEC. lG. The Court Of Common Pleas sha
sit in each jn,;icial district in this State
l,.ast twicc in very wear. at such stated time
ari places as may be appointed b. law
sha]; have jurisdiction in iii matters of equ
tv Lpt tLc courts heretofore established i'
tia. pnrpose shall c1ntinu' as now organize
unt;l the first day Of January, one thousan
c;rbt hundred arn! sixty-nine, for the dispoS
ton Of causes pow pending therein, unle
otherwise provided by law.
Src. Ii. TIE General Assembly sho
p,ovide by law for the preservation Of Il
records Of the courts CT Equity, and also !!
;. .ItLc transfer 10 the Court Of Common Pie
and Probate Courts for final decision of a
causcs that may remain undetermined.
:, shall be the duty Of the Judges ot the "
..1'premc and Circuit Courts to file their DEE
sion, yilhin sixty days, from the last day
, tic term Of court at which the causes We
heard.
! sec-ls. Fhe Court-ef-Generai-Sessio
rshail have exclusive jurisdiction over al cr'l
, Einal ca,es which Shall not: he otherwise pr
5 yided for by law. 1t shall sit in each cou
, ty in the State at least three times in ca.
YEAR. at such stated times and places as Il
: General Assembly may direct.
4 SEC. 10. The qualified electors of ca
r county shall elect three persons ior the ter
. i Of two years, who shall constitute board
county commissioners, which shall have
g risliction ovcrroads, highways, ferries, brldg
tO TO iii shn-S