The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-03-28

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dition Of products or earnings, shall be ex-
empt from attachment. levy and sale, except
to enforce the payment OF taxes. ~ ''''' /; !;
SEC. 10. That no sheriff. constable or other
oncer, whose duty It is' to enforce executions,
ehall proceed In any other manner than 1s
prescribed in this act. '.,,'s's
Sec. IL. Should any officer sell any real es-
tate, or sell or remove any personal property
Of the head of any family, whether the head
of such family be q freeholder or not, Without
bis or her consent, 10 violation of the provis-
Ions of this act, OF of Section 80 of Article of
the Constitution Of the State Of South Carroll
ma, be shan be deemed guilty Of malfssance in
office; aud, on conviction thereof, shall, for
the first offence, be fined In. sum not less
than five hundred (500) dollars, nor more
than one thousand (l0oo) dollars; and tor the
second offence shall be dismissed from office;
and, in either case. shall be liable to the par
ties for all injuries by reason Of his wrongful
levy and sale.
sic. IL. Appraisers appointed to set out
the homestead, uader this act, shall receive,
as compensation, two dollars, each, per day,
and five cents mile for every mile necessarily
travelled, for such services. The trial Justice,
orjustice Of the peace, who qualities the ap-
praisera, shall receive seventy-fve cents q
mile for every mile necessarily travelled, for
such services. The foregoing fees shall be
paid by the officer executing the process out
OF the properly Of the debtor; or, in case of the
homestead set out to widow or minor child
rem, out of the estate of the deceased, by the
executor or administrator thereof. The sheriff
ia hereby authorized TO retain two and one.half
per cent. on every one hundred dollars de-
poslted with him, as directed by this act, as
compensation for receiving and paying out mo-
neys so deposited. ,' - 3
SEC. 13. All acts or parts of acts inconsis.
tent with this act, or supplied by 1t, be, and
the same are hereby, repealed. 5
Approved March ls, 1872.
AN ACT to Establish An Inferior Court for the
Trial OF Criminal Cases In the County Of
Charleston.
SECTION i. Be 1t enacted by the Senate and
House of Representatives of the State Of
South Carolina, now met and sitting In Gen.
eral Assembly, and by the authority Of the
same: .Ead.s ..r.,., !
That there shall be established In the Coun.
ty of Charleston an inferior court for the trial
of criminal cases, 10 be- called the Criminal
Court Of Charleston County, and which shall
be organized by the Judge thereof, immedi-
ately alter his election. l's" " ;,
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 Criminal Court, land may
act in person or by deputy. All prosecutions
shall be conducted by the attorney general, or
the solicitor of the circuit to which the County
OF Charleston may be attached. These officers
shall receive the same fees as are now provi-
ded by law, and the Judge of the Criminal
Court shall approve their bills for services
rendered In the said court, In the same man.
ner, and in like cases, as judges Of the Circuit
Court are now required by law.
Sec. 8. The Judge Of the Criminal Court
herein provided for, shall be elected BY the
General Assembly, at the present session, and
Immediately after the passage Of this act, be
shall qualify, In the same manner az the clrcul
Judges, ond shall hold his office for the term o.
four years. and Until his successor is elected
| and qualified. He shall receive, from the
treasury of the State, a salary Of two thousant
five hundred dollars, payable in the same man
ner as the salary of circuit judges. He shall
have power to practice as an attorney, In al
other courts except the Criminal Court.
Sec. 4. The Criminal Court shall have ex
elusive appellate Jurisdiction Of all crimina
causes from the courts of trial justices fol
Charleston County, and exclusive origina
Jurisdiction of all criminal 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 prac
tice shall prevail in the Criminal Court as In
the Court of General Sessions, and the jurles
shall;be drawn and empanelled in the same
manner as is provided by law for the Court o.
General Sessions: Provided, That the grand
Juries drawn for the Court of General Sessions
shall also be the grand juries in the Criminal
Court.
Sec. S. The Criminal Court shall have the
same power and Jurisdiction as the Court o
General Sessions In reference to defaultiDg
Jurors estreating recognizancea, taken in al
causes within Its jurisdiction, and Furnishing
for contempt, and may issue rules, orders aud
attachments in the same manner and in like
cases as the Court of General Sessions. The
Judges of the Criminal Court shall ex-ofaclc
have all the powers OF trial justice.
SEC. 6. That the Judge Of the Criminal Cour
shall have power to execute the provisions o
the habeas corpus act, and shall also exercise
Jurisdiction under habeas corpus at common
law, in all cases arising within the County o.
Charleston Provided, That during the session
of the Court Of General Sessions for the said
county, he shall exercise no common law
Jurisdiction under habeas corpus.
SEC. Z. The Criminal Court shall be Court
of Record. 1t shall ordinarily sit in the court
room of the county courthouse, and when the
courthouse may be occupied by the Circuit
Court, suitable place near by shall be provl.
ded for Its slttings by the county commission
ers. In case OF an epidemic disease prevailing
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