The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1895-12-25
ARTICLE Y.
JUDICIAL DEPARTMENT.


Sec. l. The judicial power of this
State shall be vested in a 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 and oil 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 jurisdi ction to try
cases of murder, mauslaughter, rape
or attempt to rape, arson, common law
burglary, bribery or perjury: Pro-
vided, Before o 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. Thesupreme court shall con-
sist of a 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. 8. 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
ifcation above directed.
Sec. 4 The supreme court shall
have power 10 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 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 a jury and the verdict
not set aside and shall constitute q
court for the correction of errors at
law under such regulations as the gen
eral assembly may by law prescribe.
Sec. $. 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. S. 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
IN such degrees as may be prescribed
by law, or in which he may have been
counsel or have presided in any infer
ior court. In case all or any OF the
justices OF the supreme court shall be
thus disqualified, or be otherwise pre-
vented from presiding in any cause or
causes, the court or the justices there
of shall certify the same to the gov
ernor of She State, and he shall imme-
diately commission, specially, 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 appointment of men
learned in the law to hold eithor spe-
cial or regular terms of the circuit
courts whenever there may be neces-
sity for such appointment.
Ser. 7. There shall be appointed by