The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-12-18
ARTICLE =.
JUDICIAL DEPARTMENT.

Sec. l. The Judicial power OF this
State shall he vested in q supreme
court, in two circuit courts, to wit: a
court of common pleas having civil
Jurisdiction and court Of general
sessions with criminal Jurisdiction
only. The general assembly may also
establish county courts. municipal
courts or such courts in any aud all Of
The counties of this State inferior to
circuit courts as may be deemed neces-
sary, but none ofsuch courts shall ever
oe invested with jurisdi ction TO try
cases of murder, mauslaughter, rape
or attempt to rape, arson, common law
burglary, bribery or perjury: Pro
vided, Before county court shall be
established in any county it must be
submitted to the qualified electors and
and majority of those voting must
vote for its establishment.
Sec. 2. The supreme court shall COIL
sist of chief Justice and three assocI-
ate Justices, any three OF whom shall
constitute quorum for the translc-
ton of business. The chief justice
shall preside, and in his absence the
senior associate justice. They shall he
elected 10y juint viva voce vote OF thv
general assembly for the term Of eight
Years, aud shall continue in Office un-
I'll their successors shall be elected and
qualified, ard shall be SO classified that
one of them shall go out OF office every
two years.
Sec. 3. The present chiefjustice and
associate justices OF the supreme court
are declared to be the chief justice and
two of the associate Justices Of SKID
court as herein established until the
serms tor which they were elected
shall expire, and the general assembly
ut its next session shall elect the thl%d
associate justice and make suitable
provision for accomplishing the class
ltication above directed.
Sec. 4. Inc supreme court shall
have power 10 issue writs or orders OF
Injunction, mandamus, quo wa:ranto,
prohibition, certiorari, habeas corpus
and other original aud remedial wrlts.
Aud said court shall have appellate jur-
lsdiction only IN cases OF chuncery aad
IN such appeals they shall review the
yjndiugs Of fact as we'll as the law. ex
cept III chnucery cases where the facts
are settled NY jury and the verdict
not set aside aud shall constitute u
court Tor the correction OF errors at
law under such r. regulations as the gen
crAl assembly may 10y law prescribe
Sec. 5. The supreme court shull be
held at least twice III each year at the
,.at OF government and ut such other
place or places in the State as the gen
cral assem- oily may direct.
Sec. 6. No j"dgr Shall preside at the
trial OF Any Clause III the Vrntof which
he may be Interested, or when either
of tue ,ourt;cs shall be connected with
h!u by affinity or consauyuinity wlth
III SUCH degrees ,ls my be prescribed
by iuw, or Ia which ne may have been
couusvl or ll;,ve presided Ia any infer
lor court. Ia case al or any CT tie
Justices tne supreme court shall be
sn.ts disqualified, OF be otherwise pre-
vent,.,t from presiding IL any cause CT
causes, the court OF tnc Justices there
vi shall certify the suMe to the gov
eraor of the State, and he shall llnme-
.tluts.ly commission, specially, the
requisite nuuDer OF mou learned IN the
NV ior the trial aud determination
thereof. The su4ue Course shall be
,,:t,sitcd in the circuit and lEferior
courts as Is prescribed III this section
.or c..,,.s oi tue enprelHe court. ihe
scuefal assembly snail i'rovl'!e by law
,.T the temporary appol"tneiit OF men
i.nrueu III tue l,w to hold eitiicr s'pc-
clnl .,r r,,.r.in. terms oi tsic circuit
,o4sgi~ BE ever there may be nr>es-
...t i,i hu..u appointments
Sc. I. Incre shall bo appointed BY