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

tpOrter ana CLERK OF Salu Coult, WIZ
shall hold their offices for four years
and whose duties and compensation
shall be prescribed by law.
Sec. 8. When judgment or decree
is reversed or affirmed by the supreme
court, every point made and distinctly
stated in the cause and fairly arising
upon the record Of the case shall be
considered ana decided and the reason
thereof shall be concisely and briefly
stated in writing and preserved with
the record of the case.
Sec. 8. The justices of the supreme
court and judges of the circuit court
shall each receive compensation Tor
their services to be fixed by law, which
shall not be increased or diminished
during their continuance in office.
They shall not be allowed any fees or
peruuisites of Office, nor shall they
hold any other office of trust or profit
under this State, the United States OF
any other power.
Sec. 10. No person shall be eligible
to the office of chief justice, associate
justice, or judge of the circuit court
who is not at the. time of his election
citizen of the United States and of this
State and has not attained the age OF
26 wears, has not been a licensed at
torney at law for at least five years
and been resident of this State for
five years next preceding his election.
Sec. II. All vacancies in the supreme
court or inferior tribunals shall be
| filled by elections as sherein prescribed;
provided, that if the unexpired term
does not exceed one year such vacancy
may be filed by executive appoint
ment. All judges, by virtue Of their
Office, shall be conservators OF the
peace throughout the State, and when
q vacancy is filled by either appoint
ment or election, the incumbent shall
hold only for the unexpired term of
| his predecessor.
Sec -. In all cases decided by the
supreme court the concurrence of three
OF the Justices shall be necessary for
reversal of the Judgment below, but If
the four justices equally divide IN
opinion the Judgment below shall be
affirmed, subject to the provisions
hereinafter prescribed. Whenever,
upon the hearing of any cause or ques-
ton before the supreme court, III the
exercise of its original or appellate
! Jurisdiction, it shall appear to the
justices thereof or any two of them,
that there is involved question Of
constitutional law, or conflict between
the Constitution and laws of this State
and OF the Tinted States, OF between
the duties and obligatations of her cit,
izens under the same, upon the deter !
nination of which the entire court isi
not agreed; or whenever the justices OF.
SAID court, or any two of them desire
it on any cause or question so before
said court, the chief justice, only in
his absence the presiding associate JUS
tice, shall call to the assistance of the
supreme court all of the judges Of the
circuit court; provided, however, that
when TIE matter to be submitted is in,
| volved in an appeal from the circuit
court, the circuit judge who tried the
case shall not sit. A majority of the
Justices of the supreme court and cir
cult judges shall constitute q quorum.
The decision of the court SO constitu-
ted, or majority of the justices and
Judges sitting, shall be final and con-
elusive. In such case the chief justice,
or in his absence the presiding associ-
| ate justice, shall preside. Whenever
the justices of the supreme court and
the circuit judges meet together for
the purposes aforesaid, if the number
thereof qualified to sit constitute an
even number, then one of the circuit
indges must retire; and the circuit
Judges present shall determine by lot
| which of their number shall retire.
/ Sec. Is. The State shall be diyed-
ed into as many judicial circuits as the
general assembly may prescribe, and
! for each circuit judge shall be elect
ed by Joint viva voce vote of the gen.
eral assembly. who shall hold his office
| for term of four years; and at the
time of his election he shall be an
elector of county Of, and during his
| continuance in Office he shall reside in,
the circuit of which he is Judge. The
present judges of the circuit courts
shall continue in Office until the ex-
piration of the terms for which they
were elected, and, should new divis-
ion Of the judicial circuits be made
shall be the judges Of the respective
circuits in which they shall reside after
said division.
Sec. "A. Judges of the circuit
courts shall interchange circuits with
each other and the general assembly
shall provide therefor.
Sec. Is. The courts of common
pleas shall have original Jurisdiction,
subject 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 cases.
They shall have appellate jurisdiction
in all cases within the jurisdiction OF
| inferior courts, except from such IN