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

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sembly may direct.
Sec. l9. The court of probate shall
remain as now established in the
county OF Charleston. In MI other
counties Of the State the jurisdiction IN
all matters testamentary and OF admin
istration, in business appertaining to
minors and the allotment Of dover, III
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 rCmber OF mag
istrates shall be appointed and commits
stoned 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 magistrate shall have
the power, under such regulations as
may now or hereafter be provided by
law, to appoint one or more constables
to execute wrjts and processes issued by
him. The present triai justices are
declared magistrates as herein created,
and shall exercise the powers and duties
of said Office of magistrate until their
successors shall be appointed and quail
fed. Each magistrate shall receive O
salary, to be fixed by the general as
semhly, in lieu of all fees IN criminal
cases.
Sec. q. Magistrates shall have
jurisdiction in such civil cases as the
general assembly may prescribe; pro-
vided, such jurisdiction shall not ex-
tend to cases where the value OF pro-
perty in controversy. or the amount
claimed, exceeds 500. or to cases
where the title TO real estate is ID ques-
ton. or to cases in chancery. They
shall have exclusive jurisdiction in
such criminal cases as the general as
sembly may prescribe; provided tnr-
ther, such Jurisdiction shall not extend
to cases where the punishment exceeds
a fine of S100 or imprisonment Tor 5O
davs. In criminal matters beyond
their jurisdiction to try, they shall sit
as examining courts and commit, dis
charge or Except in capital cases re-
cognize persons charged with such Of
fences, subject to such regulations as
the general assembly may provide:
They shall also have the power to bind
over to keep the peace and Tor gooo
behavior for time not to exceed II
months.
Sec. %. All persons charged with
an offence shall have the right to de-
mand and obtain trial by jury. The
Jury in cases civil or criminal IN all
municipal cosrts and courts inferior to
circuit courts, shall consist OF SIX. Ihe
grand Jury of each county shall consist
| of l8 members, 12 of whom must agree
in matter before it can be submitted
to the court.
The petit jury of the circuit courts
shall consist OF II men, all OF whom
must agree to q verdict in order to
render the same.
Each juror must be qualified cleo
tor under the provisions of this Con-
stitution, between the ages of Il and
IS wears, and Of good moral character
Sec. %. Every civil action coSnl-
Fable by magistrates shall be brought
before a magistratein in the county where
the defendent resides, and every
criminal action in the county where
the offence was committed. In all cases
tried by them, the right OF appeal
shall be secured under such rules and
regulations as may be provided by law;
provided, that in counties where mag
istrates have separate and exclusive
territorial jurisdiction, criminal causes
shall be tried in the magistrate dis
trict where the offence was committed,
subject to such provision for change OF
venue from one magistrates 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 9providedf for in this
article shall receive for their services
compensation as the general assembly
may from time to time by law direct.
Sec. 25. Each Of the justices of the
supreme court and judges OF the cir
cult court shall have the same power at
chambers to issue writs Of habeas cor
pus, mandamus. quo warrsnto, certl-
orari, prohibition and interlocutory
writs or orders of injunction as when
in open court. The judges of the cir
cult courts shall have such powers at
chambers as the general assembly may
provide.
Sec. 26. Judges shall not charge
iuries in respect to matters OF fact, but
shall declare the law.
Sec. 81. There shall be elected IN
each county, by the electors thereof,
one clerk for the court of common
pleas, who shall hold his Office for the
term OF four years, and until his sue
cessor shall be elected and qualified.
He shall, by virtue of his office, be
clerk of all other courts or records
held therein, but the general assembly
may provide by law for the election Of
clerk, with like term of office, for
each or any oSher of the couIts Of re-