The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1895-12-18
ARTICLE Y.
JUDICIAL DEPARTMENT.

Sec. 1. The judicial power of this
State shall be vested in g supreme
| court, in two circuit courts, to wit A
court of common pleas having civil
jurisdiction ald q court of general
sessions with --iminal jurisdiction
only. The general assembly may also
establish county courts. municipal
courts or such courts in any and all of
the counties of this State inferior to
circuit courts as may be deemed neces-
sary, but none of such courts shall ever
be invested with Jurisdiction to try
cases of murder, manslaughter, 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 con-
sist of chief justice and three associ-
ate justices, any three of whom shall
constitute quorum for the transac-
ton of business. The chief justice
shall preside, and in his absence the
senior associate justice. They shall be
elected by joint viva voce vote OF the
general assembly for the term of eight
years, and shall continue In office un-
til their successors shall be elected and
qualified, and shall be so classified that
one of them shall go out of Office every
two years.
Sec. 3. The present chiefiustice and
associate justices of the supreme court
are declared to be the chief justice and
two of the associate justices of said
court as herein established until the
terms for which they were elected
shall expire, and the general assembly
at its next session shall elect the third
associate justice and make suitable
provision for accomplishing The class
lfcation above directed.
Sec. 4 Tne supreme court shall
have power 10 issue writs or orders OF
injunction, mandamus, quo wa1ranto,
prohibition, certiorari, habeas corpus
and other original and remedial wrlts
And said court shall have appellate jur-
isdiction only IN cases of chancery and
in such appeals they shall review the
findings of fact as well as the law, ex
cept in chancery cases where the facts
are settled by jury and the verdict
not set aside and shall constitute
court for the correction OF errors at
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 az 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 connected with
him by affinity or consanguinity with
II sucn degrees as nay be prescribed
by Law, or in which he may have been
counsel or have presided in any infer
1or court. Ia case all CT any Of the
justices 0. tie supreme court shall be
thus disqualified, or be otherwise pre-
vented from presiding IL any cause or
causes, the court or tue Justices there
OF shall certify the same to the gov
ernor of the State, and he shall lmme-
dlately commission, specially, the
requisite number OF men learned n 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
lor the temporary appointment OF men
learned in the law TO hold either spe-
cial or regular terms OF the circuit
courts vhe2ever there may be Icces-
sity for such appointment.
Se&. 7. There snail he appointed by