The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-02-24
AS TO MAGISTRATES.
The House Bill Defining Their Powers and
Duties.

duties.
COLUMBIA, Feb. 1S.-The portion OF
the bill passed by the House defining
the powers and d1ties OF magistrates
reads as follows:
Section 1. The governor shall have
authority, by and with the advise and
consentof the senate, to appoint magis-
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
tees in the respective counties OF the
State, except as hereinafter otherwise
provided. Such magistrates may be
suspended by the governor for iaca-
paci.y, 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 its ap-
proval or disapproval.
Sec. 2. The governor shall have au,
thority, by and with the advice and
consent Of the senate, to ill any va
cancy caused by death, removal or
otherwise of any magistrate for the
unexpired term.
Sec. 3. Before entering upon the
discharge of the duties of his Office
each magistrate must take, in writing,
the oatn Of Office 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 common pleas Of the county,
or IN csse 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-
dic!ion in al riminal cases il which
the punish 1t does not exceed fine
of 500 or Imprisonment for 80 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 jar.
isdiction to try they shall sit as exam
ining courts, and commit except il
capital cases. or discharge persons
charged with such offienses. 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, crlml-
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 prescribed by law. The
drawing of juries and the taking Of
appeal shall be governed by the same
procedure as obtained in trial jIstic-
es' courts.
Sec. 5. Magistrates shall have all
the powers and perform all the duties
heretofore vested in and incumbent
upon trial justices.
OSc. D. 1He rules Cl pfOCSONEe III
civil and criminal cases shall be the
same in magistrates courts as n for
mer trial justices courts.
Sec. Z. Magistrates, in their discre-
ton, sentencing prisoners to labor on
the public high ways may commit them
directly to the Officer in charge OF per-
sons so laboring upon the public high
ways or other public works. Bat one
committal and discharge fee shall be
charged by any sheriff OF the State for
such prisoners when incarcerated IN
the county jail after sentence. lIcosts
and fines collected by magistrates IN
criminal cases shall be paid over
forthwith to the county treasurers OF
the respectiYe counties.