The people's journal. (Pickens, S.C.) 1891-1903, 1895-12-19
8 che General Assembly may pres

point as many magistrates as may b.
deemed necessary. Each magistrate
is to serve two years, II not removed
for cause, and ia to receive stipulated
salary in lieu of all fees. Each one
will have the right to appoint q con
stable to servo his writs and processes
and will have jurisdiction in civil cases
whore the amount in litigation does
not exceed 800, and in criminal cases
where tho punishment is not more
than 80 days Imprisonment or 800
fine. In criminal cases beyond their
jurisdiction, they shall have the power
to hear testimony and commit for
trial, or release on bond as the facts
seem to justify, except in cases in
volving capital punishment, when
they are required to commit for trial
Ihcy shall also have tho power tu
| bind over to keep the peace for periods
not longer than II months.
All persons charged with crime
shall have the right to demand and
obtain IL trial by jury. In inferior
courts, the jury shall consist of not
less than six qualified voters. In the
Circuit Courts, the jury shall consist
OF not less than IL men, all Of whom
must agree to u verdict. No criminal
case can be presented to the Circuit
Court, except on the agreement OF IL
out OF a panel OF Is grand jurors.
Judges have no right to charge juries
in regard to matters Of fact. They
can only declare the law.
Clerks OF the court are to be elected
as heretofore, and their duties remain
unchanged. They can, however, be
removed from Office in such manner as
may be prescribed by law.
Provision is made for circuit solici-
tors the Same as heretofore. 1t is
provided, however, that in the event
of the establishment Of County Courts,
there shall be elected county solici-
tor by the qualified voters of each
county, and these county solicitors
shall perform the duties that have
heretofore been performed by the dis
trict solicitors.
Sheritfs and coroners are to be elect
cd for four years each, and are to be
disqualified for election if it shall ap-
pear that they, or either of them, are
IN default Of money collected by virtues
Of their respective offices.
Article relates to Jurisprudence.
One of the most important provisions
relates to a change OF venue. The
State has the same right to move for
q change OF venue rs defendant.
There can be no motion for q change
Of venue, however, until after there
has been true bill by the grand jury,
and even then the change must be
made tosome other county in the same
circuit.
The General Assembly is required
to provide for @ speedy and effective
codification OF the laws.
In case q prisoner is lynched while
in the custody OF any officer, the officer
is subject to prosecution for misde.
meanor, and the solicitor shall in
stitute proceedings at once. II the
grand jury returns true bill, the
Office, and If he is convicted. he shall
ever after be ineligible to hold any
Office Of trust or profit, unless pardoned
by the governor. Not only this, the
legal representative Of an individual
murdered by a mob, shall be entitled
to recover the sum Of $1,000 in cxcm-
plary damages from the county in
which the murder was committed, aud
the county is allowed to recover the
money, if it can, from the persons who
did the murder. Not only this, the
murderers are also liable to criminal
prosecution and such penalties as may
be prescribed by law.
Article relates to counties and
county governments. No old county
shall be reduced to less than 500 square
miles nor less than $2,000,OO0 taxable
property. No new county can be
formed with less than 400 square miles
of area, taxable property to the amount
Of $l,500,OO and population equal to
l-l24th of the population of the whole
State. Elections on the subject OF
forming a new county must be cailen
on petition of not less than One-third
Of the qualified electors in the area OF
the proposed new county. If two
thirds of the voters of each section
voting in the election, vote for the
formation Of the proposed new county.
then the new county can be formed :;
but it two-thirds Of the voters voting
in any OF the sections of which the
new county is to be composed fail to
vote for the new county, the section
failing to give the necessary two
thirds vote, will not be part of the
proposed new county. 1t is also pro-
vided that in the formation Of new
counties, no old comfy shall be cut
within eight miles of its court house
building, nor it's population reduced
below $4,000. Townships are made
bodies polite and corporate, and pro-
vision is made for the organization Of
u system of township governments by
the legislature.
Article 8 relates to municipal COR
poratiohs. The General Assembly is
required TO pass general laws for the
organization of municipal corporations,
and no town can be Incorporated
except with the consent Of q majority
OF its qualified voters. Tho power OF
cities and towns to levy and collect
taxes must be restricted by the General
Assembly. The Legislature has no
power to grant franchise to corpo-
ration to construct any kind of public
works in town, without the consent
of the municipal authorities. Towns
shall have the right to own their own
wator, light and transportation plants,
ctc., by purchase or construction, on
q majority vote of those qualified to
vote on such matters. All municipal
taxes and licenses must be just and
uniform. No city or town is allowed to
incur bonded indebtedness in oxcess
of 8 per cent. of the value of its tax
able property, and under no circum-
stances is it allowed to incur bonded
indebtedness except on the consent OF
q majority of its qualified electors.
With the consent OF a majority Of its