The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-12-19
ARTICLE Y.
JtnItI.Ah DEPARTMENT.

/ ftY SiI0lI Rave DCCl cIcCIeu.
ARTICLE Y.
JvnlrIAh r:i'AETMEHT.
sc. !. The Judicial power OF I'll:
state :l::ij Dy vested in suprcn.
! ;'v;;rt, ia TWO circuit courts, 10 wit: :
.pnrt ut common pleas having civ.
jurisdiction and u court o. general
sessions with criminal Jurisdiction
only. The general assembly may also
establish county courts. municipal
courts or such courts in any and Ill OF
the counties of this State interior to
circuit courts as may be deemed nccc5-
sary. but none Of such courts shall ever
be Invested with jurisdi ct;on to try
cases o. "'lrdcr. mauslauShter, rape
or attel +. to rape, arson, commpn law
,,:;-glary, bribery or perjury: Pro
vided, Before county court shall be
established in any county it miist he
submitted to the qualified electors and
and a majority Of those voting IHuat
vote ior its establishment.
Sec. ,. The supreme court shall con-
siSt Of a chief justice and three associ-
ate Justices any three OF whom shall
constitute quorum for the frensac-
ton Of business. The chief Justice
shall preside, and in his absence the
senior associate justice. They shall lie
elected by & Joint viva voce vote Of the
general assembly for the term Of eight
years, and shall continue in Office IN
til their successors shall be elected and
qualified, and shall be so classified that
one Of them shall so out Of office every
two years.
Sec. 3. Tie present chief Justice enI
associate justices OF the supreme conrt
arc declared to be the chief Justice %nl
two Of the associate justices oi sai!i
court rs herein established Qntil the
terms Tor which they were elected
shall expire, and the general assembly
ri its next session shall elect the third
associate instice and make suitable
-1O saI 9scccIiinrot.t.shloG ile-e!a.S-
Sec. /. The supreme court shai
have power to issue writs o. orders 0
Injunction. mandamus, quo wA!ranto
prohibition, ccrtiorari, hahcas corpu
and other original and remedial |r:ts
And said court shall have appellate i"r
isdictipn only in cases cf chaucery nAi
in such appeals they shall review th'
findings OF TACT as we'll us the law, tx
cvpt III chanccry cases where TIC iact'
arc settled By jury and the vcrdlc
not set aside and shall constitute
court for the correction Of errors 8
law under such regulations rs tho gen
eral assembly may by lax prescribe.
Sec. :. The supreme court shall II
| held at least twice in each yuar at tn:
Seat OF government and at such othc
place or places in the State as tLc gen
cral assembly may direct.
Sec. 6. No judge shall preside ut tn
trial Of any cause in the event Of which
he may be Interested, or when clthc
Of the parties shall be connected w!tl
min By affinity or consauguiuity with
III s,ich degrees as may be prescribed
hv law, or in which he may have heel
counsel or hnye presided il ans' infer
ior court. In case all or any Of th'
! Justices O: the supreme court shall bt
/ thus disqualified, or be otherwise pre-
vented from presiding in any cause oI
cu,scs, the court or the justices there
! oc shall certify the same to the gov
crnor Of the State. and he Shall lnmc
diately commission, specially, tn
requisite number of men learned in th:
law for the trial and determination
thereof. The same course shalt b'
,,arsucd in the circuit and infcr1o1
courts as is prescribed IL this sectlol
for cases of the supreme conrt. Ih'
| general assembly shall provide by law
; for the temporary appointment e mt'
learned IN the law TO hold either sH"
cial or regular terms OF the clrcn
! courts whenever there may be neces
sity Tor Such appointment.
; Sc1. I. There shall be appointed b.
| the justices Ct the supreme court re
oorter and clerk of said court: wh'
Snail hold their offices for four year
and whose duties and compensation
shall be prescribed by law.
! Sec. S. When Judgment or decree
! is reversed or affirmed by the s'lpren
court. every point made and distinctly
! stated in the cause and fairly ,trlsin!
upon the record Of the case shail u
considered and decided and the reason
thereof shall be concisely and brett
stated in writing and preserved Will
the record OF the case.
Sec. 8. The Justices of the supreme
court and Judges Of the circuit cour
! shall each receive compensation 10
| their services to be fixed by law, whicl
shall not be increased or dininiste'
during their continuance IN Office
! They shall not be allowed any fees 0
; perquisites of office, nor shall the,