The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1897-02-24
AS TO MAGISTRATES.
The House Bill Defining Their Powers and
Duties.

COLUMBIA, Feb. 1S.-The portion OF
the bill passed bv the House defining
the powers and duties OF magistrates
reads as follows:
Section 1. The governor shall have
authority, by and with the advise and
consent of the senate, to appoint magls-
trates in each county of the State,
who shall hold their Offices the term
of two years, and until their successors
are appointed and qualified. The
number Of magistrates 10 be appointed
for each county and their territorial
jurisdiction shall be the same as here
tofore prescribed by law for trial JUS
tices in the respective counties OF the
State, except as hereinafter otherwise
provided. Such magistrates may be
suspended by the governor for ihca.
pacity, misconduct or neglect OF duty !;
and the governor shall report any sus-
pension, with the cause thereof. to the
senate at its next session for It's ap-
proval or disapproval.
Sec. 3. The governor shall have au:
thority, by and with the advice and
consent of the senate, to fill any va
cancy caused by death, removal or
otherwise of any magistrate for the
unexpjred term.
Sec. 8. Before entering upon the
discharge of the duties of his office
each magistrate must take, in writing,
the oath of offics prescribed in the
Constitution, and also the several ad-
ditional oaths required to be>taken by
trial justices before the clerk OF the
court of com non pleas of the county,
or in case there be no such clerk, be-
fore any one authorized to administer
an oath, and must file the same with
the secretary of state.
Sec. 4. The civil jurisdiction OF
magistrates shall be the same as that
heretofore exercised by trial justices.
They shall have exclusive juris'
diction in all criminal cases in which
the punishment does not exceed fine
of 800 or Imprisonment for 30 days
except in cases of riot, assault and bat,
terry, and larceny and carrying con
cealed weapons coupled with an Of
fense in which such weapon is used.
In criminal matters beyond their jur'
isdiction to try they shall sit as exam
lining courts, and commit Except in
capital cases. or discharge persons
charged with such ofienses. Magis
trates shall have concurrent jurisdic.
ton only with the court of general
session in cases of rio, assault and
battery and larceny. In counties
where they are given separate and ex-
elusive territorial jurisdiction, crimi'
nal cases shall be tried in the district
where the ofense was committed, un'
less the place of trial be changed to
another district in the same county in
the manner prescr ibed by law. The
drawing of juries and the taking OF
tappeal shall be governed by the same
procedure as obtained in trial justic'
es' courts.
! Sec. 5. Magistrates shall have all
the powers and perform all the duties
heretofore vested in and incumbent
/ upon trial justices.
| Sec. 6. The rules of procedure in
civil and criminal cases shall be the
same in magistrates courts as in for
mer trial justices courts.
Sec. 7. Magistrates, in their discre
ton, sentencing prisoners to labor or
the public highways may commit them
directly to the officer in charge of per
sons so laboring upon the public high
ways or other public works. But one
committal and discharge fee shall be
charged by any sheriff of the State fol
such prisoners when incarcer ated in
the county jail after sentence. All costs
and fines collected by magistrates in
criminal cases shall be paid over
forthwith to the county treasurers oi
| the respective counties.