The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-12-18

court as herein est blished until the
terms for which they were elected shall
expire, and the general assembly al
its next session shall elect the third as
sociate Justice and make suitable provl
sion for accomplishing the classltic&
ton above directed.
Sec. i. The supreme court shal!
have power to issue writs or orders OF
injunction, mandamus, quo warranto
prohibition. certiorari, habeas corpus
and other original and remedial writs
And said court shall have appellate
jurisdiction only in cases OF chancery
and in such appeals they shall review
the findings of fact as well as the law,
except in chancery cases where the
facts are settled by jury and the YER
dict not set aside and shall constitute
court for the correction of errors al
law under such regulations as the gen
eral assembly may by law prescribe.
Sec. 5. The supreme court shall be
held at least twice in each year at the
seat of government and at such other
place or places in the State as the gen
eral assembly may direct.
Sec. 6. No judge shall preside at the
trial of any cause in the event Of
which he may be interested. or when
either of the parties shall be connect
ed with him by affinity or copsan'
guinity within such degrees as may
be prescribed by law, or in which he
may have been counsel or have pre-.
sided in any inferior court. In case
all or any of the justices OF the SUI
preme court shall he thus disqualified,
or be otherwise prevented from presid
ing in any cause or causes,
the court or the justices there
Of shall certify the same tc
the governor of the State. and he
shall Immediately commission, espec
ially, the requisite number of men
learned IN the law for the trial and
determination thereof. The same
course shall be pursued in the circuit
and inferior courts as is prescribed IN
this section for cases of the supreme
court. The general assembly shall
provide by law for the temporary ap'
pointment of men learned in the law
to hold either special or regular terms
of the circuit courts whenever there
may be necessity for such appoint
ment.
Sec. T. There shall be appointed by
the justices of the supreme court re.
porter and clerk of seid court, who
Shall hold their Offices for four years
and whose duties and compensation
shall be prescribed by law.
Sec. S. When judgment or decree
is reversed or affirmed by the supreme
court, every point made and distinctly
stated in the cause and fairly arising
upon the record of the case shall be
considered and decided and the reason
thereof shall be concisely and briefly
stated in writing and preserved with
the record of the case.
Sec. 9. The justices of the supreme
court and judges Of the circuit court
shall each receive compensation for
their services to be fixed by law, which
shall not be increased or diminished
during their continuance in office.
They Shall not be allowed any fees or
perouisites of Office, 2or shall they
hold ary other Office of trcst or profit
under this State, the United States or
any other power.
Sec. 10. No person shall be eligible to
the office of chief justice, associate
justice or judge of the circuit court
who is not at the time of his election
a citizen of the United States and OF
this State and has not attained the age
of 26 years, has not been licensed at
torney at law for at least FIVE years
and been resident of this State for
FIVE years next preceding his elec-
ton.
Sec. II. All vacancies in the .su.
preme court or inferior tribunals shall
be filed by elections as herein prescrib
ed provided. that if the unexplred
term does not exceed one year such
vacancy may be filled by executive
appointment. All judges, by virtue OF
their office, shall be conservators OF
the peace throughout the State, and
when a vacancy is filed by either ap-
pointment or election, the incumbent
shall hold only for the unexpired term
of his predecessor.
Sec. 10. In all cases decided by the
supreme court the concurrence OF
three of the justices shall be necessary
for reversal of the judgment below,
but if the four justices equally divide
in opinion the judgment below shall
be affirmed, subject to the provisions
hereinafter prescribed, Whenever,
upon the hearing of any cause or ques-
ton before the supreme court, IN the
exercise of its origina or appellate Ju-
risdiction, it shall appear to the justlc-
es thereof or any two of them, that
there is involved question of ccnstl-
tutional law, or conflict between the
Constitution and laws of this State and
of the United States, or between the
duties and obligations of her citizens
under the same, upon the determine
ton of which the entire is not agreed
or whenever the justices of said court,
or any two of them desire it on any
cause or question so before said conrt,
the chief Justice, or on his absence the
presiding associate justice, shall call to
the assistance Of the supreme court all
of the judges Of the circuit court; pro,
vided, however that when the matter
to be submitted is involved in an ap
peal from the circuit court, the circuit
Judge who tried the cause shall moi
sit. A majority of the justices of the
supreme court and circuit ju lges shal!
constitute quorum. The decision OF
the court so constituted, or a majority
of the justices and judges sitting, shal.
be final and conclusive. In such case
the chief justice. or in his absence the
presiding associate justice, shall pre-
side. Whenever the justices of the
supreme court and the circuit judge:
meet together for the purposes afore
said, if the number thereof qualified
to sit constitute an even number, ther
one of the circuit judges must retire
and the circuit judges present shal
! L lo+ inh Of tho1,.