The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1872-09-25


CRIMINAL CASES IN THE COUNTY
OF CHARLESTON.
SECTION /. Be it enacted by the
Senate and House of Representa-
tives Of the State Of South Caro.
lima, now met and sitting in Gene
raj Assembly, and BY the authorl-
ty Of the same:
That there shall be established
in the County Of Charleston: an
Inferior Court Tor the trial OF
criminal cases, to be called the
Criminal Court Of Charleston
County, and which shall he or
ganized by the Judge thereof,
immediately after his election.
SEC. 2. The Clerk Of the Court
Of Common Pleas and General
Sessions, and the Sheriff OF the
county, shall respectively be the
Clerk and the Sheriff of the Cri-
minal Court, and may act III per-
son or by deputy. All prosecutions
shall be conducted by the Attor'
nev-Gencral, or the Solicitor Of
the Circuit to which the county Of
Charleston may beattachcd. These
officers shall receive the same fees
as are now provided by law. and
the Judge Of the Criminal Court
shall approve their bills for SER
vices rendered in The said Court,
in the same manner, and in like
cascs, as Judges Of the Circuit
Court are now required by law.
Sec. 3. The Judge Of the Criml-
nal Court herein provided for,
shall be elected by tie General
Assembly, at the present session.
and immediately after the passage
Of this Act, he shall qualify, in the
same manneras the Circuit Judges
and shall hold his Office for the
term of four years: and unit! his
successor is elected and qualified.
lie shall receive, from the Trea-
surv Of the State, a salary Of two
thousand five hundred dollars,
payable in the same manner as
the salary Of Circuit Judges. lie
shall have power to practice rs
an attorney in all other Courts
except the Criminal Conrt.
SEC. +. The Criminal Court shall
have exclusive appellate jurisd!c-
ton Of all criminal causes from
The Courts Of Trial Justices for
Charleston County, and exclusive
original Jurisdiction OF all crlml-
nal causes less than capital, and
not at present conferred by law
upon the Courts of Trial Justices.
In these cases the same laws, fees,
powers and practice shal: prevail
in the Criminal Court as N the
Court Of General Sessions, and the
Juries shall be drawn and empan,
neIled in the same manner as is
provided by law for the Court OF
General Sessions: ProuUied, That
the Grand Juries drawn for the
Court Of General Sessions shall
also be the Grand Jurics in the
Criminal Court.
SEC. 5. The Criminal Court shall
have the same power and jurisdic.
ton as the Court Of General Ses.
sions in reference to defanltlOg
Jurors, estrcating recognizances
taken in all causes within its jurls,
di~tion, and puni>bins for con.
tempt, and may issue rules, orders
and attachments in the same man
ner and in like cases as the Court
OF General Sessions. The Judges
OF the Criminal Court shall er-95l
cio have all the powers Of O Trla
Justice.
SEC. 6. That the Judge of the
Criminal Court shall have power
to execute the provisions of th'
HaJcds Corpus Act, and shall alsf
exercise jurisdiction under H06ea
Corpus at Common Law, in al
cases arising within The County
Of Charleston Pr0rjded, Tha
during the session Of the Court 0
General Sessions for the sa!'
County, he shall exercise no Com
mon Law Jurisdiction under tia
6eus CDrpus.
Sec. I. The Criminal Court shall
be . Court Of Record. 1t shall or
dinarily sit in the Court room 0
the County Court House, am
when the Court House may be oc
cupicd by the Circuit Court,
suitable place near by shall b
provided for its sittings, by tn
County Commissioners. In cas-
ofan epidemic disease prevaliIn:
at the Court House, or for an,
other good in the discretion OF tn
Judge, he may adjourn the Co"r
over to a future day, or to som
other place in the County; an
witnesses. jurors, and al! person
concerned having due notice there
OF, shall attend at such time 0
place.
SEC. S. The Criminal Court sha
hold four regular terms daHn
each year, on the first Monday {
January, April, July and Octobe'
each term to be continued so ION
as business may require, and,
nnrnssarv TO be aG;OuHNe3, trOl