The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-12-18

elected and qualified, and shall be so
classified that one of them shall 60
out of Office every two years. :.
Sec. 8. The present chief justice 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 as
sociate Justice and make suitable provl-
sion for accomplishing the classlhcar
ton above directed. =
Sec. 4. The supreme court shall
| have power to 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
jurisdiction only in cases of chancery
and in such appeals they shall review
the findings of fact as well as the law,
except in chancery cases where the
facts are settled by jury and the ver-
dict not set aside and shall constitute
a court for the correction of errors at
law under such regulations as the gen.
eral assembly may by law prescribe.
Sec. 5. The supreme court shall pc
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. 6. No judge shall preside at the
trial nf anv caisa in the event of
which he may be interested. or when
either of the parties shall be connect
ed with him by affinity or consan-
guinity within such degrees as may
be prescribed by law, or in which he
NAV have been counsel or have pre-
sided in any inferior court, In case
all or any OF the justices Of the su-
preme court shall be thus disqualified,
or be otherwise prevented from presid-
| ing in any cause or causes,
the court or the justices there
of shall certify the same to
the governor of the State, and he
shall Immediately commission, espec-
tally, 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 ap-
pointment of men learned in the law
to hold either special or regular terms
ofthe circuit courts whenever there
may be necessity for such appoint
ment. n
Sec. z. There shall be appointed by
the Justices of the supreme court a re-
porter and clerk of said court, who
shall hold their Offices for four years
and whose duties and compensation
shall be prescribed by law. ~
Sec. s. When q 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 and decided and the reason
thereof shall be concisely and briefly
stated in. writing and preserved with
the record of the case.
Sec. 9. The Justices of the supreme
court and judges of the circuit court
shall each receive compensation for
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
perquisites of Office, nor shall they
hold any other Office of trust or profit
under this State, the United States or
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 ofhis election
a citizen of the United States and OF
this State and has not attained the age
of 26 years, has not been a licensed at
torney at law for at least five years
and been resident of this State for
five years next proceeding his cleo
ton. #.' ~
Sec. II. All vacancies in the .su.
preme court or inferior tribunals shall
befilled by elections asherein prescrib.
ed; provided, that if the unexpired
term does not exceed one year such
vacancy may be filed by executive
appointment. All judges, by virtue OF
their Office, shall be conservators OF
the peace throughout the State, and
when q vacancy is filed by either ap-
pointment or election, the incumbent
shall hold only for the unexpired term
of his predecessor. !
Sec. IL. 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, in the
exercise of its origina or appellate ju-
risdiction, it shall appear to the justic.
es thereof or any two of them, that
there is involved question OF consti-
tutional law, or conflict between the
Constitution and laws of this State and
of the United States, or between the
duties and obligations of her citizens
under the same, upon the determine
ton of which the entire is not agreed;
or whenever the justices of said court,
or any two of them desire it on any
cause or question so before said conrt,
the chief Justice, or on his absence the
presiding associate justice, shall call to
the assistance of the supreme court all
of the Judges of the circuit court; pro-
vided. however that when the mater
to be submitted is involved in an ap-
peal from the circuit court, the circuit
Judge who tried the cause shall not