Stolen goods. Ib., 6. Obtaining property by false pretences ishable as larce ny. lb., 7. T note, bond, promissory note, bill of exchange, or other bill, order or certificate, or any book of accounts for or concerning money or goods due or to become due, or to be delivered, or any deed or writing containing a conveyance of land or any other valuable contract in force, or any receipt, release or defeasance, or any writ, process or public record, if the property stolen does not exceed twenty dollars in value. SEC. 13. They shall have jurisdiction of the offenses of buying, receiving, or aiding in the concealment of stolen goods and other property, where they would have jurisdiction of the larceny of the same goods or property. SEC. 14. They shall have jurisdiction of the offenses of obtainFun- ing property by any false pretense, or by any privy or false token, or by any game, device, sleight of hand, pretensions to fortune tell ing, trick or other means by the use of cards or other implements or instruments, where they would have jurisdiction of a larceny of the same property, and may punish said offenses the same as larceny. cause ar eeping. To ex over for high SEC. 15. They shall cause to be arrested all persons, found ret of off nders within their Counties, charged with any offence, and persons who, me and bind after commiting any offence within the County, escape out of the enmes, &, pur same; examine into treasons, felonies, grand larcenies, high crimes and misdemeanors; and commit or bind over for trial those who appear to be guilty of crimes or offences not within their jurisdiction, and punish those guilty of such offences within their jurisdic sh small fences. 1., 28. Proceedings to be commenced. ib., g 9. Information may be amend Proceedings to be summary. Offender may demand jury. Ib., 10. In Charleston tion. SEC. 16. All proceedings before Trial Justices, in criminal cases, shall be commenced on information, under oath, plainly and substantially setting forth the offence charged, upon which, and only which, shall a warrant of arrest issue. The information may be amended at any time before trial. All proceedings before Trial Justices shall be summary, or with only such delay as a fair and just examination of the case requires. SEC. 17. Every person arrested and brought before a Trial Jus tice charged with an offence within his jurisdiction shall be entitled, on demand, to a trial by jury. SEC. 18. Trial Justices residing within the limits of the city of to have jurisdic- Charleston are vested with jurisdiction to try, determine and impose the penalties authorized by Ordinance of the City Council of 1870. XIV, 382, Charleston. tion of ordinances. 22. May select any SEC. 19. Whenever a Trial Justice shall have issued a warrant citizen to exe. arrest. cute warrant of for the arrest of any person charged with an offence above the grade 1871, XIV, 666, of a misdemeanor, such Trial Justice shall be authorized to select 221, 2. any citizen or citizens of the County to execute the same, upon his endorsement upon the said warrant that, in his judgment, the selection of such person or persons will be conducive to the certain and speedy execution of the said warrant; and the person or persons so selected shall have all the powers now, or hereafter, conferred by law upon any Constable within this State; and any person or persons selected in the manner provided for in this Section shall be required forthwith to proceed to execute the said warrant, and upon his willfully, negligently or carelessly failing to make the arrest, or permitting the party to escape after arrest, he or they shall be punished, upon conviction, on indictment, by fine and imprisonment in the County jail, in the discretion of the Judge before whom the indictment may be tried; said imprisonment not to be less than six months. SEC. 20. It shall not be necessary for any Trial Justice, when any prisoner is produced before him for commitment or bail, on charge of a felony, to examine such prisoner, and those that bring him; such Justice may take the examination of any witness in behalf of the State, in the presence of the prisoner, allowing such prisoner the right of cross-examination, and reduce the testimony so taken to writing, read the same over to the witness, and require him to subscribe; and the Trial Justice shall return testimony thus taken to the office of the Clerk of Court of General Sessions. Recognizance of witnessPR. May arrest and and over matethe State. rial witnesses for SEC. 21. Upon information made of the materiality of any witness within the State, to support any accusation made, or where the 1839, XI, 2., 8. materiality of such witness shall be within the knowledge of any Trial Justice, he shall issue his warrant, requiring such witness to appear before him or the next Trial Justice, to enter into recognizance, with good security, if deemed proper, which warrant shall authorize the arrest and detention of any such witness, in any County in the State; and on being brought before such Trial Justice, and refusing to enter into recognizance, such witness may be committed by the said Trial Justice; and the accused shall, in felonies, and no other case, have the like process to compel the attendance of any felo witness in his behalf, as is granted or permitted on the part of the State: Provided, That no Trial Justice shall receive any fees for issuing more than one warrant for witnesses, on the part of the State, or upon the part of the accused, in the same case, unless, on the second or other application, oath shall be made that the prosecutor rant. or accused was not aware, at the issuing of the previous warrant, of the materiality of such witness. For accused in Fees allowed for but one war SEC. 22. Any Trial Justice shall be authorized and required to May command ard arrest all who or disorderly conduct, to the disturbance of the peace, to desist refuse obedience, any crime in his view. ID, 21, 23. or who commit therefrom, and to arrest any such person who shall refuse obedience to his command, and to commit to jail any such person who shall fail to enter into sufficient recognizance either to keep the peace or to answer to an indictment, as the Trial Justice may determine. In like manner, he shall arrest and commit, if necessary, any person who, in his view, shall perpetrate any crime or misdemeanor whatsoever. In making any such arrest, the Trial Justice shall have the posse comi- power to command any Constable, bystander, or the posse comitatus, as the emergency may require; and any person who shall refuse to aid in such arrest, when required by the Trial Justice, shall be liable to indictment as for a misdemeanor. Whenever there shall be an indictment for any offense committed in his view, the Trial Justice shall be the prosecutor; and he shall bind in recognizance all necessary witnesses. May call out tatus. Not to bail in capital cases. Ib., 22, ¿ 6. To arrest per SEC. 23. No Trial Justice shall let to bail any person charged with any offense, the punishment of which is death, but if it shall clearly appear, upon an examination, that the charge is hot founded in probability, the party may be discharged. SEC. 24. That whenever any Trial Justice shall receive informawho are tion in writing, and under oath, that any person or persons are about State to fight to leave this State for the purpose of sending or receiving a chal about to leave dus, and bind peace. 1857, XII, 606. over to keep the lenge to fight a duel, or for the purpose of fighting a duel after such challenge shall have been sent or received, it shall be the duty of such Trial Justice forthwith to issue his warrant for the arrest of such person or persons, to be carried before some Trial Justice, who shall require such persons to enter into recognizance in such sum as to such Trial Justice may seem meet, conditioned that such person or persons shall keep the peace within this State, and shall not leave the State for the purpose of sending or receiving a challenge to fight a duel, or for the purpose of fighting a duel after such challenge has been sent or received. Civil Jurisdiction. SEC. 25. On the determination of any lease, in writing or by parol, of any lands and tenements, within this State, when the lessee shall hold over thereafter, any two Trial Justices, in the County where the same may be situated, are authorized and required, on the complaint and due proof thereof by any lessor, his heirs or assigns, to place the names of twenty-four neighboring freeholders in a box, and from them draw the names of eighteen, and shall thereupon issue their warrant, in the nature of a summons, directed to the Sheriff, or any Constable of the County, commanding such officer to summon the said eighteen freeholders to attend at a cer tain time, within four days, and at a place appointed, and from the said eighteen freeholders so summoned twelve shall be drawn in the same manner, who shall be empannelled to try the facts: Provided, That if from the said eighteen so summoned the number of twelve cannot, from any cause, be had, the Trial Justices are authorized to complete the number from the remainder originally selected. And the said Trial Justices shall also summon the said lessee, or any other person claiming or coming into possession under him, at the same time, and in the same way, likewise to appear before them, to show cause, if any, such lessee or other person may have, why possession of the premises should not be forthwith restored to such lessor, his heirs or assigns; and if, upon hearing the case, the jury shall be satisfied that the complainant is entitled to the possession of the premises in question, they shall so find, whereof the Justices shall make a record, and shall thereupon issue their warrant, directed to the Sheriff of the County wherein the lands are situated, commanding him forthwith to deliver to such lessor, his heirs or assigns, full possession of the premises, and to levy all expenses incurred of the goods and chattels of the lessee, or the person in possession as aforesaid. are pre SEC. 26. That the forms and proceedings before Trial Justices, as cases of forcible entry and detainer, shall be the same as scribed by law in cases where tenants hold over, after the expiration of their leases. SEC. 27. That when any person or persons have gone, or shall hereafter go, into possession of any land or tenements of another, either as a tenant at will, or under a contract to serve another, either as a domestic servant or common laborer, or otherwise, and shall refuse or neglect to quit the premises so occupied, when required by the person letting the same, or upon the termination of the contract, either by its own limitation or from any other cause, it shall be lawful for the person letting the premises to apply to any Trial Justice, whose duty it shall be to have a notice served upon the person or persons so refusing to quit, to show cause before him, at the expiration of ten days from the personal service of such notice, why he should not be ejected, and if no sufficient cause be then shown, it shall be the duty of the Trial Justice forthwith to issue his warrant, directed to the Sheriff or any Constable, requiring him," without delay, to eject such person or persons from the premises so let, and authorizing him to use such force as may be necessary. their failure, to eject SEC. 28. That if any person shall have gone into, or shall here- To serve notice on trespassers, after go into possession of any lands or tenements of another, with- and, on out his consent, or without warrant of law, it shall be lawful for the them by force. owner of the land so trespassed upon to apply to any Trial Justice to serve a notice on such trespasser to quit the premises, and if, af 1. ter the expiration of five days from the personal service of such notice, such trespasser refuses or neglects to quit, it shall then be the duty of such Trial Justice to issue his warrant to any Sheriff or Constable, requiring him forthwith to eject such trespasser, using 1966, XI 48, such force as may be necessary: Provided, however, That if the peris.c., N. 8, 256. son in possession shall, before the expiration of the said five S, days, appear before such Trial Justice, and satisfy him that he has a color of claim to the possession of such premises, and enter into bond to the person claiming the land, with good and sufficient security, to be approved by the Trial Justice, conditioned for the payment of all such costs and expenses as the person claiming to be the owner of the land may incur in the successful establishment of his claim, by any of the modes of proceeding provided by law, the said Trial Justice shall not issue his warrant as aforesaid. Fres of Tril Justices. Fees of Sheriff or Constables. Ib., 409, 22. Parties entitled ta Jury. trial by SEC. 29. The Trial Justice shall be entitled to demand and receive from the person applying for the warrant provided for in the two preceding Sections, a fee of five dollars before issuing the same, and the Sheriff or Constable shall, in like manner, be entitled to demand and receive a fee of five dollars and mileage before executing such warrant, from the person applying for the same. Courts of Trial Justices. SEC. 30. Either party to a suit before a Trial Justice shall be en1868, XIV, 100, titled to a trial by jury. SEC. 31. In civil cases, the parties may agree on a jury; but when they do not agree, and, also, in criminal causes, a jury shall be selected in the following manner: The Sheriff, Constable, or other officer appointed by the Trial Justice, shall write and fold up eighteen ballots, each containing the name of a respectable voter of the vicinity; he shall deliver the ballots to the Trial Justice, who shall put them into a box, and shake them together, and the officer shall draw out one, and the person so drawn shall be one of the jury, unless challenged by either party; and the officer shall thus proceed until he shall have drawn six, who shall not be challenged; but if the first twelve shall be challenged, and the parties do not agree to a choice, the last six shall be the jury; and when any of the six jurors so drawn cannot be had, or are disqualified by law to act in such case, and the parties do not supply the va cancy by agreement, the officer shall proceed to prepare, in the manner before directed, ballots for three times the number thus deficient, which shall be disposed of and drawn as above provided. SEC. 32. If any juror so summoned shall neglect or refuse to appear, in obedience to such venire, and shall not, within forty-eight hours, render to the Trial Justice who issued the venire a sufficient |