The watchman and southron. (Sumter, S.C.) 1881-1930, October 16, 1895, Image 7
The Text x)f the Report of
the Judiciary Committee.
The following: is the text of the re
port of the Judiciary Committee of
the Constitutional Convention. This
report will be incorporated in the
Constitution as article IV. The re
port has not yet been under con
sideration, and it is hard to predict
whether the report will be materially
altered or not:
Section li The judicial power of
this State shsll be vested in a su
preme court, in two ci t cuit courts,
to wit: A court of common pleas,
having civil jurisdiction, and a court
of general sessions, with criminal ju
risdiction only. The general assem
bly may establish county courts,
municipal and such other courts
inferior to circuit courts as may be
deemed necessary.
Sec. 2 The supreme court shall
consist of a chief jaetice and three
associate justices, al! of whom shall
be present to constitute the court.
They shall be elected by a joint viva
voce vote of the general assembly
for the term of eight years and shall
continue in office until their succes
sors shall be elected and qualified,
and shall be so classified that one of
them shall go out of office eveiy two
years.
Sec. 3- The present chief justice
and associate justices of the supreme
court are declared to be the chief
justice and two of the associate
justices of the said court as herein
established until the terras for which
they were elected shall expire and
the general assembly at its next ses
si?n shall elect the third associate
justice and., make suitable provisions
for accomplishing the classification
above directed.
Sec ? The supreme court shall
have power to issue writs or orders
of i?juction,mandamu8, quo warranto,
prohibition, certiorari, habeas corpus
and other original and remedial
writs, and said court shall have ap
peliate jurisdiction only in cases of
chanc?r\, and shall constitute a
court for the correction of errors at
law under such regulations as the
general assembly may by laws pre
scribe.
Sec. 5. The supreme court shall
be held at least twice in each year at
the seat of government and at such
other place or places in the State as
the general assembly may direct
Sec 6 No judge shall preside on
the trial o*any cause in the event of
which he may be interested, or when
either of the parties shall be connect
ed with him by affiuity or consan
guinity, within such degrees as may
fce prescribed by law, or in which he
may have been counsel or have pre
sided iu any inferior court. In case
all or any of the judges of the
supreme court shall be thus disquali
fied, or be otherwise prevented from
presiding iu any cause or causes, the
court, or the judges thereof shall
certify the seme to the governor of
the State and he shall immediately
-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.
Sec 7. There shall be appointed
by the justices of the supreme court
a reporter and a clerk of said court,
who shall hold their offices for four
years and whose duties and compen
sation shall be prescribed by law
Sec 8. When a judgment of decree
is reversed or affirmed by die en
preme 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 reasons thereof shall be con
cisely and briefliy stated in writing
and preserved with the reeords of
the case.
Sec 9 The judges of the supreme
court and circuit courts shall each re
ceive 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 a::y fees or perquisites of
office, nor shall they hold any other
office of trust or profit under this
State, the United States or any other
power.
Sec. 10. No person shall be eligi
ble to the office of judge of the su
preme court or circuit courts who is
not at the time of his election a citi
zen of the United Stales and of this
State and has not attained the age of
30 years and been a resident of this
State for five years next preceding
hie election
Sec. 11. All vacancies in the su
preme court or inferior tribunals shall
be filled by elections as herein pre
scribed ; provided, that if tho unex
pired term does not exceed one year
such vacancy may be filled by exe
cutive appointment All judges, by
virtue of their office, shall be conser
vators of the peace throughout the
State.
Sec. 12. In ail cases decided by
the supreme court the concurrence of
three of the justices shall be neces
sary for a decision ; but whenever,
upon the hearing of any cause or
question before the supreme court, it
shall appear to the justices of the
same, or any two of them, that there
is a question of constitutional law, or
of conflict between the Constitution
and laws of this State and of the
United States, or between the duties
and obligations of her'oitizens under
the same, or, in case th^e court shall
be equally divided on afcy question,
' *t ehall bo the duty of the chief jus
tice, or in his absence of the presid
ing associate justice, to cali to the
assistance of the supreme couit all
the judges of the circuit court except
the circuit judge who may have tried
the cause ; the decision of which
court or a majority of the justices
and judges sitting in the same shall
be final and conclusive ; and the
chief justice, or in his absence the
presiding associate justic, shall like
wise at the wish of any two of the
justices of the supreme court, call to j
the assistance of the supreme court j
said circuit judges for ti.e determina
tion of any other cause or question to
be submitted to them, and tiie decis
ion of said court, or a majority of the
justices and judges sitting in the
same, shall be final and conclusive.
And in such cases the ch;of justice, j
or in hie absence the presiding asso
eiate justice, shall pteside.
Sec 13. The State shali be divided
into as inany judicial circuits as the
general assembly may prescribe, and
for each circuit a-judge shall be elect
ed by the joint viva voca vote of the
general assembly who shall hold his
office for a term of eight years ; and
at the time of his election he shall be
an elector of a county of, and during
his continuance in office he shall re
side in, the circuit of which he is
judge The present judges of the
circuit courts &Vall continue in office
until the expiration of the terms for
which they were elected.
Sec. 14 Judges of the circuit
courts shall interchange circuits with
each other, and the general assembly
shall provide therefor
Sec 15. The couits of common
pleas shall have original jurisdiction,
subject to appeal to the supreme
court,to issue writs or orders of in
junction, mandamus prohibition,
certiorari, quo warrante, habeas cor
pus, and such other writs as may be
necessary to carry their powers into
full effect They shall have jurisdic
tion in all civil cases. They shall
have appellate jurisdiction in all cased
within the jurisdiction of inferior
courts.
Sec 16? The court of common
pleas shall sit in each county hi this
State at least twice in every year,
at such stated times and places as
may be appointed by law
tec 17. It shall be the duty of
the justices of the supreme court and
judges of the circuit courts to file
their decisions within 60 days from
the last day of the court at which the
causes were heard
Sec 18 The court of general ses
sione shali have jurisdiction in al l cri m
nal cases It shall have appellate
jurisdiction in all criminal cases with
in the jurisdiction of inferior courts
It shall sit in each county in the State
at least three times in each year, at
such stated times and places as the
general assembly may direct.
Sec The court of probate shall
remain as now established in the coun
ty of Charlestc In all other coun
ties of the State the jurisdiction in all
matters testamentary and of adminis
tration, in business appertaining to
minors and the allotment of dower,
in cases, of idioe? aud lunacy and
persons non compos mentis, shall
be vested ae the general assembly
may provide, and until such provision
such jurisdiction shall remain in the
court of probate as now establshcd
Sec. 20. sufficien numbert of
magistrates shall be appointed aud
commissioned 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 magis
trate shall have the power, under
such regulations as may now or here
after be provided by law, o appoint
one or more constables to execute
writs and processes by 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
qualified.
Sec 21. Magistrates shall have
jurisdiction- in such civil caseR as the
general assembly may prescribe :
Provided, Such jurisdiction shall not
extend to cases where the value of
property in contioversy, or the
amount claimed, exceeds $100, ot
to caees where the title to real estate
is in question, or to cases in chancery
Tiiey shall have jurisdiction in such
criminal cases as the general assem
bly may prescribe : Provided, Such
jurisdiction shall not extend to cases
where the punishment exceeds a
fine of $100, or imprisonment for 30
days In criminal matters beyond
their jurisdiction to try, they may sit
as examining courts, and commit, dis
charge or recognize (except in cap
ital cases) persons chaged with euch
offenses, subject to such regulations
as the general asseraL./ may provide.
They shall also have 'the power to
bind over to keep the peace and for
good behavior for a term not to ex
ceed 12 months
Sec. 32. All persons charged
with an offense shall have the right
j to demand and obtain a trial by jury.
The jury in cases, civil or criminal,
in all courts inferior to circuit couits
shall consist of six.
.Sec 23 Every civil action cog
I nizable by magistrates shall be
1 brought before some magistrate in
i the county where the defendant re
j sides, and every criminal action in
! the county where the offense w;is
j committed. In all cases tried by
i them, the right of appeal shall be
! secured udder such rules and regttla
1 tions as may be provided by law.
I Sec 24. All officers, other than
! those named in section 9;* provided
I for in this at tide shall receive for
their services such compensation as
the general assembly may from time
to time by law direct
?ec. 25 Each of the justices of
the supreme court and judges of the
circuit court shall have the same
power at chambers to issue writs of
habeas corpus, and temporary writs
or orders of injunction, mandamus,
quo warranto. certiorari and prohibi
tion as when in open court
See. 26 Judges shall not charge
jurors in respect to matters of fact,
I but shall declare the law
Sec. 27. Thereshall be elected in
each couty, by the electors thereof,
one clerk of court of common pleas,
who shall hold his office for the term
of four years, and until his successor
shall be elected and qualified. He
shall, by virtue of his office, be clerk
of all other courts of record held
therein, but the general assembly
may provide by law for the election
of a clerk, with a like term of office,
for each or any other of the courts of
record, and may authorize the judge
of probate court to perform the du
ties of clerk for his court, under
such regulations as the general as
sembly may direct Clerks of courts
shall be removable lor such cause and
in such manner as shall be prescibed
by law
Sec 28. Thera shall be an at
torney general for the State, who
shall perform such duties as may be
prescribed by law. ile shall be
elected by the qualified electors of
the State for the term of two years
and shall receive for his services
such compensation as shall be fixed
by law
Sec 29 '' here' shall be one solici
tor for each circuit, who shall reside
therein, to be elected by the qualified
electors of the circuit, who shall hold
his office for the term of four years,
and shall receive for his services
such compensation as shall be fixed
by law ?? all cases where an attor
ney for the State or of any circuit fails
to attend f?nd prosecute according to
law the Couit shall have power to ap
point an attorney pre tempore In
the event of the establishment of
county conns the general assembly
may provide for one solicitor for
each countj- m the place and in stead
of he circuit solicitor, and prescribe
his powers, duties and compensa
tion.
Sec. 30 The qualified electors of
each county shall elect a sheriff and
coroner for the term of four years
and until their successors are elect
ed and qualified They shall reside
in their respective counties during
their continuance in office, aud be
disqualified for the office a second
time if it 6hould appear that they, or
either of them, are in default for
moneys collected by virtue of their
respective offices.
Sec 31. All writs and processes
ehall run and all prosecutions shall be
conducted in ihe name of the State
of South Carolina ; all writs shall be
attested by the clerk of the court
from which they shall be issued, aud
all indictments shall conclude
"against the peace and dignity of the
State "
Sec. 32 The general assembly
shall provide by law for the speedy
publication of the decisions of the
supreme court made under this Con
stitution
Sec. 33. Circuit courts and all
courts inferior thereto shall have the
power, in their discretion, to impose
sentence of labor upon highways,
streets and other public works upon
persons by them sentenced to imprs
onment.
Sec. 34 All matters, civil and
criminal, now pending within the
jurisdiction of any of any of the
courts of this State shall continue
therein until disposed of according
to law.
illnn??agerwT???i
Deputy 0. S, Morsila],
Ooiumbus, Ka?!,, says s
"I Tras delivered
of TW? S in
less than 20 min
utes and wi t h
seareeh* any pain
after using only
two bottles of
DID NOT SUFFER AFTERWARD.
CySentby Express or nuil!, on receipt of price,
81.00 per bottle. ?ooU "TO MOTHERS"
mailed free.
BRADFIELD REGUL?TOK CO., ATLANTA, GA.
SOLD BY ALL DRUGGISTS.
The Steam Rac?T holds nearly all the
world's rtcords. The Stearns Special is tbe
finest combinntion rrnck and road wheei
built And the Stearns Model A is the
road wheel par excellence. The Stearns
Ladies' Wheel and Tandem ate perfect models
of their kind. H. G. Osteen & Co , Agpnts
for Humter and Clarendon.
si?i5k cij?Tk
fok
HOG ANO CHICKEN CHOLERA.
HAVING satisfied myself of the value (it
tin- remed for Cholera which I ad
vertised in your columns last sprang, I now
cflVr i: for s il*? tinker the **omp**:: v'.-? guaran
tee: Xo Cure, no Pay. Price fifty rents per
package. l'y mail seventy-five ceuts pre
paid.
Address with stamp.
E. W. B?3BS,
Oct. 9. GOODWILL, S. C.
OFFICE OF
THE SOUTHERN
Distilling Company,
DISTILLERS, IMPORTERS, REC
TIFIERS AND WHOLESALE
LIQUOR DEALERS,
No. 119 Princes? Sr., Wi'ming'on, N. C,
529 and 531 Walnut St., Cincinnati, Oblo.
The largest dealers in the South,
Send your orders direct ; don't buy
from agents.
We can save you 25 per cent, on
your purchases. Write for price
list and send your ordeis to the
SOUTHERN DISTILLING CO.,
WILMINGTON, N. C.
Oct. 9 ? I.e.
Are you coming *o 'be Exposition ? If so,
stop at the Leading Cotel, where aceomrr.o
dations are to be had tor 1,00') cuesis per
day Tbe oa!y first-class Hotel in the City
charging only $2.00 per day.
THE
VICTORIA HOTEL
J. W. GOLITCKE,
Nos. 30-32-34 Sauth Pryor Street,
Half Block From Car Shed,
Atlanta, Georgia.
Burglar proof safe for valaables, cars pass
the door every five minutes for Exposition
Grounds. Everything first-class. Tne best
r.eds in the city. Telrg^b or write ahead
? for accommodations. Remember we will
J treat you right, and charge you only $2 00
! per day for Board and Lodging. Porters at
j all trains.
Sept. 18.
Lively
Times have been the rule
in business circles since
I TIMES the fall season opened
and cotton jumped up
from four to eight and
a half cents. Sumter has
been the liveliest place
in the State, and LEVI
BROS, have had the
j BIG liveliest sort of time in
their store. Crowds flock
there to get a few of the
great
j
j Marg aims
They oiler in all lines
They have a LARGE and
complete stock of GEN
ERAL MERCHADISE
and the wants of all per
sons are supplied at the
Lowest Prices ever ' ?ard
of. In fine Dress Goods,
Trimmings, Prints, and
Domestic? they can defy
competition. The Shoe
j AT Stock is large and the
pricesright. Try a pair and
the only trouble you will
have will be in wearing
them out. But it is use
less to attempt to enu
merate the bargains or to
describe the slock Levi
Bros, arc well known.
All who deal with them
arc sure to be satisfied.
A large lot of new goods
received this week : see
them before buying.
M
Main Street, Sumter, S. G.
Oct. '.?
ss Dress
Goods ! Goods !
Tell your wife not to buy a dress till she
looks at the dresses in the store of
THE SUITER DBT GOODS CO.
Bargains to be offered
for the next 10 days :
1 case 38-inch all wool Flannels at 25c.
1 case 38-inch all wool Serges at 25c.
All wool 36-inch Cashmere at 25c.
Our 46-inch Serges at 47c. and our 60
inch Whipcord Serges at ? 1.00 are
the best that can be had at that price*
1 case of 8 cents Ginghams at 5c.
i case of 6 l-4c. Ginghams at 4 l-2c.
1 case of Ladies9 Seamless Black Hose,
worth 15c. at 10c. Misses at the same
price.
We solicit an inspection*
limier iiry floods l o.,
In the A. A. Solomons store.
chool Books
and
chool Supplies
School Trustees and School Teach- I
ers and others who buy School Books |
in small lots; can save money and time |
by sending orders direct to *
. G. OSTEEN
S urn ter, S. C
0??
Price Lists
-and
Quotations
Furnished on application.
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