The Union times. [volume] (Union, S.C.) 1894-1918, 1896-01-10


non compos mentis, shall be vested as
the general assembly may provide. and
until such provision such jurisdiction
shall remain in the court of probate as
now established.
Sec. 20. A sufficient number OF mag
istrates shall be appointed and commits
! stoned by the governor, by and with
the advice and consent of the Senate,
for each county, who shall hold their
offices for the term of two years and
until their successors are appointed and
qualified. Each magistrate shall have
the power, under such regulations as
may now or hereafter be provided by
law, to appoint one or more constables
to execute writs and processes issuedby
him. The present trial justices are
declared magistrates as herein created,
and shall exercise the powers and duties
of said office of magistrate until their
successors shall be appointed and quail
fed. Each magistrate shall receive
salary, to be fixed by the general as
semhly, in lieu of all fees in criminal
cases.
Sec. 81. Magistrates shall have
jurisdiction in such civil cases as the
general assembly may prescribe; pro-
vided, such jurisdiction shall not ex-
tend to cases where the value of pro-
perty in controversy. or the amount
claimed, exceeds 500. or to cases
where the title to real estate is in ques-
ton, or to cases in chancery. They
shall have exclusive jurisdiction In
such criminal cases as the general as
sembly may prescribe; provided fur
ther, such jurisdiction shall not extend,
to cases where the punishment exceeds
a fine Of SlO0 or imprisonment for 30
days. In criminal matters beyond
their jurisdiction to try, they shall sit
as examining courts and commit, dis
charge or Except in capital cases) re-
cogniZe persons charged with such Of
fences, subject to such regulations as
the general assembly may provide.
They shall also have the power to bind
over to keep the peace and for good
behavior for time not to exceed u
moaths.
Sec. Do. All persons charged with
an offence shall have the right to de-
mand and obtain n trial by jury. The
jury in cases civil or crimina! in all
municipal coarts and courts interior to
Cobtl 10, SHhll SoiSlSh VI H'S. hO
grand Jury of each county shall consist
of Is members, II of whom must agree
in matter before it can be submitted
to the court.
The petit jury of the circuit courts
shall consist or II men, all OF whom
must agree to u verdict in order to
render the same.
Each Juror must be qualified cleo
tor under the provisions of this Con-
stitution, between the ages of 2l and
So years, and pi good moral character
Sec. 23. Every civil action cogni-
liable by magistrates shall be brought
before II magistrate in the county where
the defcndent resides, and every
criminal action in the county where
the offence was committed. In all cases
tried by them, the right of appeal
shall be secured under such rules and
regulations as may be provided by law;
provided, that in counties where mag
istrates have separate and exclusive
territorial jurisdiction, criminal causes
shall be tried in tho magistrate's s dis
trict where the offence was committed,
subject to such provision for change of
venue from one magistrates district to
another in the same county as may be
provided by the general assembly.
Sec. 24. AL officers other than those
named in section 9provided for in this
article shall receive for their services
compensation rs the general assembly
may from time to time by law direct.
See. -. Each of the Justices of the
supreme court aud judges of the cir
cult court shall have the same power at
chambers to issue writs of habeas cor
pus, mnndnmus. quo warranto, certi-
orari, prohibition and interlocutory
writs or orders of injunction as when
in open court. The Judges of the cir
chit courts shall have such powers at
chambers rs the general assembly may
provide.
Sec. 20. Judges shall not charge
juries in respect to matters of fact, but
shall declare the Jaw.
Sec. 21. There shall be elected in
each county, by the electors thereof,
one clerk for the court of common
pl, ns, who shall hold his Office for the
term OF four years. and until his sue
ccssor shall be elected and qualified.
He shall, Iv virtuc Of his Office. he
clerk ui Ill other courts or records
held tharci!!. bat the general assembly
may prnyiu, by law for tlc election OF
Il clerk. with Ike term of Office, for
each or ANY ut,i"r OF the cuuIts OF re-
cord. ana may authorize the judge Of
IL" prunUt" cnHrtt t. perform the duties
@! clerk Tor his coUrt under such reg
t.ui.":.- "a IT,. g.ncrnl assembly may
direct. Clerks IF courts shall he re.
I,i,. tIr and Slrh