The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-04-10
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TToN OF TRIAL JUsTICBs.
81 SEcTION l. Be IL esaoted by the Senate
and House of Representatives of the
State OF South Carolina. now met and
sitting in General Assembly, aud By the
authority of the same. That Trial Jus.
ticea shall have and exercise within their
respective Counties all the powers, au.
thority and Jurisdiction, in criminal
cases, hereinafter set forth. ~
SEQ. 2. Trial Justices shall have iuris.
diction Of all offences which NAV, be sub.
ject to the penalties of either fine or for.
feiturS not exceeding one hundred dol.
lars. or imprisonment in the Jail or Work
Honsa not exceeding thirty DAYS. and
may tmposeAa sentence within those
limits, singly or in the alternative.
SRo. o. They, may punish by fine not
exceeding one hundred dollars, or impri-
sontnent in'the Jail or House of Correc.
t'on not exceeding thirty days. all assault
and batteries, and other breaches of the
peace, when the offence is not of q high
and aggravated nature, requiring, in
Judgment, greater punishment IN
SEQ. 4. They muy cause to be arrested
all affrayers, rioters, disturbers and
breakers of the peace, and all who 90
armed extensively, to the terror of the
people, and such as utter menaces or
threatening speeches, or otherwise dan
gerous and disorderly persons.
Persons arrested for any of said Of
fences ehall be examined by the Trial
Justice before whom they are brought.
and may be tried before him, and, if
found guilty, may be required to find
snretles OF the peace, and be punished
within the limits prescribed in Section 2,
or, when the offence is of a high and ag-
gravated nature, they may be committed
or bound over for trial before the Court
of General Sessions.
SEQ. 8. They shall have jurisdiction
OF iarcenies, by stealing of the property
OF another, OF money, goods or ohattels,
or any bank note, bond, promissory
note, bill of exchange, or other bill,
orderor certificate; or any book of &C.
counts Tor or concerning money or goods
due, or 20 become due, or to be de-
livered; or any deed or writing contain
ing conveyance of land or any other
valuable contract IL force; or any re-
ceipt. release or defeasanoe; or any writ,
process or public record, if the property
stolen does not exceed twenty dollars in
yalne.
SEQ. 6. They shall have jurisdiction of
the offences OF buying, receiving or aid
ing IN the cOncealment of stolen goods
or other property, where they would have
jurisdiction of the larceny of the same
goods or property.
SEQ. z. They shall have Jurisdiction of
the offences Of obtaining property by
any false pretence, or by any privy or
false token. or by any game, device,
slight OF hand, pretensions to fortune
telling, trick or other means, by the use
OF cnrds or other implements or instru-
ments. where they would have jurisdio.
tion of larceny Of the same property,
and may punish said offences the same
as larceny.
SEQ. 8. They shall cause to be arrested
all persons, found within their Counties,
charged with any offence, and persons
who, after committing any offence within
the County, escape out of the same; ex-
anime into treasons, felonies. grand lar
cenies, high crimes and misdemeanors;
and commit or bind over for trial those
who appear to be guilty of crimes or Of
fences not within their jurisdiction, and
punish those guilty of such offences
within their jurisdiction.
SEC. 8. All proceedings before Trial
Justices, IN criminal cases, shall be com
~A.oaSeN VI AAAot uIbGiOuy uuU6r O0Cl,
plainly and substantially setting forth
the offence charged, upon which, and
only which, shall warrant of arrest is
sue.
The Information may be amended at
any time before trial.
All proceedings before Trial Justices
shall be summary, or with only such de-
10y Us fair and just examination of the
Case requires.
Sec. 10. Every person arrested and
bronSht before o Trial Justice charged
with an offence within his jurisdiction,
shall be entitled, on demand, to n trial
by jury, to be selected in the manner in
dicated by Section of the Act entitled
IAN Act to provide for the temporary
appointment of Magistrates, and to de-
fine their powers and duties" ratified
24th dny Of September, A. D. 1868.
SEQ. IL. Trial Justices are authorized
TO issue all necessary processes to carry
their powers into effect, and may exer-
else all the powers heretofore conferred
by law npon Magistrates.
Sec. -. Every person convicted be-
fore Trial Justice of any offence what
ever, and sentenced. may appeal from
the sentence to the next term of the
Court OF General Sessions for the Comfy.