The people's journal. (Pickens, S.C.) 1891-1903, 1897-02-25
CONCLUDED NEXT WEEK.
LEGISLATIVE PROCEEDINGS.
TIE POWERS AND DUTIES OF MAGIS
TRATES.

TIE POWERS AND DUTIES OF MAGIS
TRATES.
The following bill has passed the
House. defining the powers and duties
OF magistrates, and declaring thcil
jurisdiction in this State:
Section |. The Governor shall have
authority. by and with the advice and
| consent Of the Senate, to appoint mag
| istrates in each county Of the State
| who shall hold their offices for the
| term Of two years, and until their
| successors are appoir ted and qualified
The number Of magistrates to be ap,
pointed for each county and their ter.
rtorial jurisdiction shall be the same
as heretofore prescribed by law for
trial justices in the respective counties
OF the State, except as hereinafter
otherwise provided. Such magistrates
may be suspended by the Governor
for incapacity, misconduct or neglect
of duty and the Governor sha re-
port any suspension, with the cause
thereof, to the Senate at its next ses-
sion for its approval or disapproval.
Sec. 2. The Governor shall have au.
thOrity, by and with the advice and
consent Of tho Senate, to iii, any va
cancy caused by death, removal or
otherwise OF any magistrate for the
uncXpired term.
Sec. 3. Before entering upon the dis
charge of the duties Of his Office each
mag istrate must take, in writing, the
oath Of oilico prescribed in the constitu-
tiOn, and also the several additional
0aths required to be taken by trial
justices before the clerk of the court OF
common pleas of the county, or in
case there be no such clerk, before any
one authorized to administer an oath,
and must file the same with the Secre-
tary Of State.
Sec. t. The civil jurisdiction OF mag
istrates shall be the same as that
heretofore exercised by trial justices.
They shall have exclusive jurisdiction
in all criminal cases in which the
punishment does not exceed fine Of
800 or imprisonment for 80 days, cX
cept in cases OF riot, assault and bat
terry, and larceny and carrying con-
cea.ed weapons coupled with an Of
Tense in which such weapon ia used.
In criminal matters beyond their juris-
diction to try they shall sit rs exam
1nlpg courts. and commit (eXccpt in
capital cases. or discharge persons
charged with such = ns"s. Magis-
tratcs shall have conuu. rent Jun
tion only with the court Of general
session IN cases of riot, assault and
battery and larceny. In counties where
they are given separate and exclusive
territorial jurisdiction, criminal cases
shall be tried in the district where the
otfense was committed, unless the
place Of trial bo changed to another
district In tho Same county in the man
ner prescribed by law. The drawing
of juries and the taking of appeals
shall be governed by tho same pro-
ccdure as obtained In trial justices
courts.
Sec. S. Magistrates shall have all The
powers and perform all the duties here
tofore vested in and incumbent upon
trial justices.
Sec. 6. III rules Of procedure in civil
and criminal cases shall be the same
In magistrates courts as In former
trial Justices courts.
Sec. 7. Magistrates, in their discrc-
tion, sentencing prisoners to labor on
the public highways may commit them
directly to the officer il 4 ar o OF per-
sons so laboring upon the public high
ways or other public works. But one
committal and discharge fec shall be
charged by any sheriff OF the State for
such prisoners when incarccrated In
the county jail after sentence. All
costs and fines collected by magistrates
in criminal cases shall bo paid over
forthwith to tho county treasurers of
tho respective counties.
AMENDING THE PENSION LAW.
The House committees bill to amend
the general pension law was called up
and Mr.. Leyton offered an amendment