Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1895-12-11


lished except on the consent of
majority of the qualified voters of a
county; and no court inferior to that
of the general sessions shall ever be
vested with jurisdiction to try cases of
murder, manslaughter, rape, arson,
burglary, bribery, or perjury.
The supreme court shall consist of a
chief justice and three associate JUS
tices, all of whom shall serve for terms
of eight years. The concurrence Of
three justices shall be required to re-
verse the judgment of a court below.
Where the justices are equally divided,
the opinion of the court below must
stand. In special cases, all the circuit
Judges may be called in to act as asso.
ciate justices. An exception must be
made in the case of the judge who
originally tried the case under consid-
Grafton. If the full court is made up
of an even number, one of the circuit
judges, to be chosen by lot, must retire.
The circuit court system remains
unchanged. 1t is required that the
court of common pleas sit in each
county at least twice year. The
Judges of circuit courts must file their
decisions within 60 days after the ris'
ing of the respective courts, and the
supreme court justices must file their
decisions within 60 days after hearing
an argument.
The court of probate is to remain as
now established in the county of
Charleston. In the other counties, the
duties of The Office may be vested as
the general assembly may prescribe.
The governor has the right to appoint
as many magistrates as may be deemed
necessary. Each magistrate is to serve
two years, if not removed for cause,
and is to receive stipulated salary in
lieu of all fees. Each one will have
the right TO appoint constable to
serve his writs and processes, and will
have jurisdiction in civil cases where
the amount in litigation does not ex-
ceed 500, and in criminal cases where
the punishment is not more than 80
days Imprisonment or 500 fine. In
criminal cases beyond their Jurisdiction,
they shall have the power to hear tes-
timony and commit for trial, or release
ON bond as the facts seem to justify,
except in cases involving capital pun
ishment, when they are required to
commit for trial. They shall also have
the power to 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 a 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 - men, all of whom
must agree to verdict. No criminal
case can be presented to the circuit
court, except on the agreement of II
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-
itors the same as heretofore. 1t is
provided, however, that in the event
of the. establishment of county courts,
there shall be elected county solicitor
by the qualified voters of each county,
and these county solicitors shall per-
form the duties that have heretofore
been performed by the district solici-
tors.
Sheriffs and coroners are to be elect
ell 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
a change of venue as a defendant.
There can he no motion for change
of venue, however, until after there
has been true bill by the grand jury,
and even then the change must be
made TO some other county in the
same circuit.
The general assembly is required to
provide for a speedy and effective cod
ification of the laws.
In case a prisoner is lynched while
in the custody of any officer, the officer
is subject to prosecution for misde-
meanor, and the solicitor shall institute
proceedings at once. If the grand
Jury returns Il true bill, the officer shall
be suspended from office, and if he is
convicted, he shall ever after be incl
ligble 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
$4,000 in exemplary damages from
the county in which the murder was
committed, and 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 pen
all1es as may be prescribed by law.
Article 7 relates to counties and
county governments. No old county
shall be reduced to less than 500 square
miles nor less than 100000 taxable
property. No new county can be
formed with less than 400 square miles
of area, taxable property to the amount
of 81 100000 and population equal to
1-124lh Of the population of the whole
State. Elections on the subject of