The Union times. [volume] (Union, S.C.) 1894-1918, 1896-01-03
ARTICLE V.
JUDICIAL DEPARTMENT.

| court, iu two circuit courts, to wit: a
court of common pleas having civii
| jurisdiction and court of general
! sessions with criminal jurisdiction
only. The general assembly may also
! establish county courts. municipal
courts or such courts in any and all of
| the counties Of this State inferior to
circuit courts as may be deemed neces-
sary, but none of such courts shall ever
be invested with iurisdi ction to try
cases of murder, mnuslaughter, rape
or attempt to rape, arson, common law
&;:rglary, bribery or perjury: Pro-
| vided, Before county court shall be
established in any county it must be
submitted to the qualified electors and
and a majority of those voting must
vote for its establishment.
Sec. 2. The supreme court shall con-
sist of chief justice and three associ-
ate justices, any three of whom shall
| constitute quorum for the transac-
| ton of business. The chief justice
shall preside and in his absence the
senior associate justice. They shall be
elected by joint viva voce vote of the
| general assembly for the term of eight
years, and shall continue in Office un-
til their successors shall be elected and
qualified, and shall be so classified that
one of them shall go out of Office every
two years.
Sec. 3. The present chiefjustice 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
associate justice and make suitable
provision for accomplishing the class
| ification above directed.
Sec. 4. The supreme court shall
have power 10 issue writs or orders of
| injunction, mandamus, quo waIranto,
prohibition, certiorari, habeas corpus
and other original and remedial writs.
And said court shall have appellate jur.
| isdiction only in cases of chancery and
in such appeals they shall review the
| findings of fact as we'll as the law, eX-
cept in chancery cases where the facts
are settled by n jury and the verdict
not set aside and shall constitute a
| court for the correction of errors at
law under such regulations rs the gen
eral assembly may by law prescribe.
Sec. 5. The supreme court shall be
held at least twice in each year mt the
seat of government and Mt such other
place or places in the State rs the gen
eral assembly may direct.
Sec. 6. No judge shall preside at the
trial of any cause III the event of which
he may be Interested, or when either
of the parties shall be connected with
him by affinity or consapguinity with
IN such degrees rs may be prescribed
by law, or in which he may have been
counsel or have presided in any infer
ior court. In case all or any of the
justices OF the supreme court shall be
thus disqualified, or be otherwise pre-
vented from presiding in any cause or
causes, the court or the justices there
of shall certify the same to the gov
ernor of the State, and he shall imme-
diately commission, specially, 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 appointment Of men
learned in the law 10 hold either spe-
! cinl " regular terms Of the circuit
cour; whenever there may be neces-
sity for such appointment.
Sec. 7. There shall be appointed by
the justices of the supreme court re-
porter and clerk of said court, who
| Il, ,nll h11 l.,x "a s.
aud whose duties and compensation
shall be prescribed by law.
Sec. 8. When n 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 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 u
citizen of the United States and Of this
State and has not attained the age Of
i26 years, has not been licensed at
torney at law for at least five years
and been n resident of this State for
five years next preceding his election.
lCoNTINURp IN NEXT ISSUE. !