The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-12-18

Sudll luVcrCuduSO C1ICUlo Wteh S<~Sa
other and the general assembly shall
provide thereof.
Sec. IL. The courts of common pleas
shall have original jurisdiction, sub
ject to appeal to the supreme court, to
issue writs or orders of injunction,
mandamus, habeas corpus, and such
other writs as may be necessary to car
ry their powers into full effect. They
shall have jurisdiction in all civil cas-
es. They shall have appellate juris-
diction in all cases within the juris-
diction of inferior courts, except from
such inferior courts from which the
general assembly shall provide an ap-
peal directly to the supreme court.
Sec. 16. The court of common pleas
shall sit in each county in this State
at least twice in every year at such
stated times and places as may be ap-
pointed by law. - -
Sec. II. It shall be the duty of the
justice of the supreme court to t1le
their decisions within 60 days from
the last day of the court al which the
cases were heard; and the duty of tho
ridges of the circuit courts to file
their decisions within 60 days from
the rising Of the last court of the cir
cult then being held
Sec. 18. The court of general ses:
sions shall have jurisdiction in al!
criminal cases except those cases III
which exclusive jurisdiction shall be
given to inferior courts, and in these
It shall have appellate jurisdiction. 1t
shall also have concurrent Juriscl!c-
ton with, as well as appellate juris.
diction from, the inferior courts in all
cases of'riot, assault and battery, and
larceny. 1t shall sit in each county
in the State at least twice in each year
at such stated times and places as the
general assembly may direct.
Sec. 19. The court of probate shall
remain as now established In the
county of Charleston. In all other
counties of the State the jurisdiction
in all matters testamentarY and OF ad-
ministration, in business appeartain.
ing to minors and the allotment OF
dover, in cases of idiocy and lunacy,
and persons non compos mentis, shall
be vested as the general assembly may
provide, and until such provision such
Jurisdiction shall remain in the court
of probate as now established. .
Sec. 20. A sufficient number OF
magistrates shall be appointed and
commissioned by the governor, by and
with the advice and consent OF the
Senate, for each county, who shall
hold their Offices for the term of two
years and until their successors are
appointed and qualified. Each magis.
trate shall have the power, under such
regulations as may now or hereafter
be provided by law, to appoint one or
more constables to execute writs and
processes issued by him. The present
trial Justices are declared magistrates
IS herein created, and shall exercise
the powers and duties of said office OF
magistrate until their successors shall
be appointed and qualified Each
magistrate shall receive salary, to
he fixed by the general assembly, in
lieu Of all fees in criminal cases. 2
Sec. 81. Magistrates shall have Ju-
risdiction in such civil cases as the
general assembly may prescribe; pro-
Mded, such jurisdiction shall not ex-
tend to cases where the value OF prop
ty in controversy, or the amount
claimed, exceeds $10O, or to cases
where the title to real estate is IN
question, cor to cases in chancery.
.hhey shall have exclusive jurisdiction
in such criminal cases as the general
assembly may prescribe; provided,
further, such jurisdiction shall not
extend to cases where the punishment
exceeds a fine of 500 or imprisonment
for 30 days. In criminal matters be-
yond their jurisdiction to try, they
shall sit as examining courts and com
init, discharge or (except in capital
cases. recognize persons charged with
such offences, subject to such regula-
tions as the general assembly may
provide. They shall also have the
power to bind over to keep the peace
and for good behavior for q time not
10 exceed 12 months. %E =,
I Sec. 90. All persons charged with
an offence shall, have the right to de-
.mand and obtain a trial by jury. The
jury in cases civil or criminal IN all
municipal courts and courts inferior
Ito circuit courts, shall consist OF six.
The grand jury of each county shall
consist of 18 members, II of whom
must agree in amatter before 1t can be
submitted to the court.
The petit jury of the circuit courts
shall donsist of 12 men, hll of whom
must agree to a verdict in order to
lender the same.
Each Juror must be a qualified cleo
tor under the provisions of this Con,
stitution, between the ages OF 81 and
IS years, and of good moral charac-
ter. . ~ =, 81
Sec. %. Every civil action cogniza-
BILE by magistrates shall be brought
before a magistrate in the county
where the defendant resides, and every
criminal action in the county where
the offence was committed. In all
cases tried by them, the right of ap-
peal shall be secured under such rules
and regulations as may be provided
by law; provided, that in counties
where magistrates have separate and
exclusive territorial jurisdiction, Grim
inal causes shall be tried in the magis-
.trate's district where the offence was
committed, subject to such provision
for change of venue from one magls-
trate's district to another in the same
county as may be provided by the
general assembly.
Sec. "a. All officers other than those
named in section 9 provided for in this
article shall receive for their services