The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-14

direct: they shall hold their offices for q term
| Of two years, and until their successors are
elected and qualified. They shall reside in the
county, city or beat for which they are elected
and the justices Of the peace shall be commits
stoned by the Governor.
SEC. 22. Justices of the Peace, individually
or two or more Of them jointly as the Genera
Assembly may direct, shall have original juris
dlction in cases OF bastardy, and in al matters
of contract, and actions for the recovery o
fines and forfeitrres where the amount claimed
does not exceed enc hundred dollars, and sucl
jurisdiction as may be provided BY law IN ac
tions er deticto, where the damages claimed dt
not exceed one hundred dollars; and prosecu
tions for assault and battery and other pena
offences less than felony punishable by fines
only.
SEC. g. 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; the7 shall also
have power to bind over to keep the peace, OF
for good behavior. For the foregoirg purposes
they shall have power to issue all necessary
| processes.
SEC. "a. Every action cognizable before Jus.
tices of the Peace instituted by summons OF
warrant, shall be brought before some Justice
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 secured
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 tie Gene Assem-
bly, may from time to time by law direct.
SEC. rs. Judges shall not charge .tur1es in re-
spect to matters Of fact, but may state the tes-
timony and declare the law.
.l.o1I 1xAa ata1s s.e al l.
by the electors thereof, one Clerk for the Court
of Common Pleas, who shall hold his Office for
the term Of four years, and until bis successor
shall be elected and qualified. lie shall, by
virtue Of his Office, be clerk Of all other courts
Of record held therein; but the General Assem-
bly, may provide by law for the election of a
clerk, with a like term Of Office, for each or any
other Of the courts of record, and may autho-
rize the Judge Of the Probate Court to perform
regulations as the General Assembly may direct.
Clerks Of courts shall be removable for such
cause, and in such manner as shall be prescrib-
ed by law.
SEC. %. There shall be an Attorney General
for the State, who shall perform such duties as
may be prescribed by law. He shall be elected
by the qualified electors Of the State for the
term Of four years, and shall receive for his
services such compensation as shall be fixed by
law.
Sec %. There shall be one Solicitor for each
circuit, who shall reside therein, 70 be elected
by the qualified electors Of the circuit, who
snail hold his Office for the term of four years,
and shall receive for his services SUCH COM
pensation as shall be fled by Law. In all cases
where an Attorney for the State, OF any circuit,
fails to attend and prosecute, according to law,
the court shall havs power to appoint an
attorney pro te7npore.
SEC. so. The qualified electors of each couu.
ty shall elect Sheriff and Coroner, for the
term of four years, and until their successors
are elected and qualified; they shall reside
in their respective counties during their con-
tinuance in Office, and be disqualified for the
Office second time If it ssould appear that
they or either Of them are in default for
moneys collected by virtue Of their respective
Offices.
SEC. 81. All writs and processes shall r7ln,
and all prosecutions shall be conducted in the
name Of the State of South Carolina; all writs
shall be attested by the clerk of tine court from
which they shall be issued; and all indictments
shall conclude against the peace and dignity
Of the State.
SEC. so. The General Assembly shall provide
by law for the speedy publication Of the de-
cisions of the Supreme Court ms.de under this
constitution.
ARTICLE v.
JURISPRUDENCE.
SECTION /. The General Assembly shall pass
such laws as may be necessary and proper, to
decide differences BY arbitrators, to be ap-
pointed by the parties who may choose that
summary mode OF adjustment.
SEC. 2. 1t shall be the duty of the General
Assembly to pass the necessary laws for the
change Of venue in all cases, civil and crimi-
nal, over which the Circuit Courts have orr
ginal jurisdiction, upon proper showing, sup
ported by affidavit, that fair and impartial
trial cannot be had in the county, where such
trial or prosecution was commenced.
SEC s. The General Assembly, at its first
session after the adoption OF thiI, constitution,
shall make provision to revise, digest and az
range, under proper heads, the body OF our
laws, civil and criminal, and form penal code.
founded upon principles Of reformation, and
have the same promulgated in such manner as
they may direct; and like revision digest and
PRONUNCIATION shall be made within every sub
sequent period OF ten years. That justice shall
be administered in o uniform mode OF plead
ing, without distinction between law and
equity, they shall provide for abolishing the
distinct forms of action, and for that purpose
shall appoint some suitable person or per-
sons, whose duty it shall be to revise simplify,
and abridge the rules, practice, pleadings, and
forms Of the courts now in use in this State.
ARTICLE vi.
EMINENT DOMAIN.
SECTION ]. The State shall have concurrent
Jurisdiction on all rivers bordering ION this
State, so tar as such rivers shall form COM
mon boundary to this and any other State
bounded by the same; and they, together with
all other nayigable waters within the limits OF
the State, shall be common highways, and for
ever free, as well to the inhabitants OF this
State as to the citizens Of the United States,
without any tax or impost therefor, unless the
same be expressly provided for by the General
Assembly.
SEC. Q. The title to all lands and other prop
erty, which have heretofore accrued to this
State by grant, gift, purchase, forfeiture,
escheate, OF otherwise, shall rest In the State
of South Carolina the same as though no
change had taken place.
SEC. 8. The people OF the State are declared
to possess the ultimate property in and to all
lands within the jurisdiction Of the State; and
all lands, the title to which shall fail from de-
feet of heirs, shall revert or eschcat 20 the
people.
IMPEACHMEN.s.
SECTION l. The House OF Representatives
shall have the sole power OF impeachment. A
vote of two-thirds Of all thu members elected
shall be required for an impeachment, and any
officer impeached. shall thereby be suspended
from office until Judgment in the case shall
have been pronounced.
SEC. g. All impc lchments shall be tried by
the Senate, and when sitting tor that purpose,
thew shall be under oath or affirmation. No
person shall be convicted except by vote OF
two-thirds Of all the members elected. When
the Governor is impeached the Chief Justice
of the Supreme Court or the senior Judge,