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conti mpt.

2 Bay., 1, 385.

reason for his delinquency, he shall forfeit and pay a fine of two dollars to the Treasury of the County where the cause is tried, to be assessed by such Trial Justice, and collected on his warrant, without other process.

Sec. 33. Every Trial Justice shall have power to enforce the ob- May punish for servance of decorum in his Court while holding the same ; and, for Punishinent. that purpose, he is authorized to punish any person who shall, in 1639, X1, 27, o 16. the presence of the Court, offer an insult to himself or a juror, or who shall be willfully guilty of any undue disturbance of his proceedings while sitting officially, as for a contempt, by fine and imprisonment, either or both, not exceeding twenty dollars fine and twelve hours' imprisonment.

SEC. 34. Every person convicted before a Trial Justice of any offence whatever, and sentenced, may appeal from the sentence to 1870, XIV, 143, the next Term of the Court of General Sessions for the County. The appellant shall be committed, to abide the sentence of said Court, until he recognize to the State in such reasonable sum, and with such sureties, as the Court requires, with condition to appear at the Court appealed to, and at any subsequent Term to which the case is continued, if not previously surrendered and discharged, and so, from Term to Term, until the final decree, sentence, or order of the Court thereon ; and to abide such final sentence, order or decree, and not depart without leave; and, in the meantime, to keep the peace, and be of good behavior.


2 12.

General Powers and Duties..

1839, XI, 30, $ 20.

May summon witnesses.

Refusal to tes. tify; how pun.

Sec. 35. Every Trial Justice shall have power to administer any Mar administer oath, authorized or required by law to be taken, and not directed to be be administered by another authority ; and any oath so administered shall, to all intents and purposes, be binding and effectual in law.

Sec. 36. Any Trial Justice, on the application of any party to a cause depending before him, shall have power, and is required, to issue a summons citing any person, whose testimony may be required in such cause, to appear before him at a certain time and place, vot ished

Ib., 29, 19; 1794, more than twenty miles from the residence of such witness, to give v, 249, 2 3. evidence, which summons shall be served personally, at least three days before such attendance is required; and if such person shall neglect or refuse to attend, the Trial Justice shall have power to issue a rule commanding such witness to be brought before him ; or if any witness attending shall refuse to give evidence without good cause shown, the Trial Justice may commit him to the jail of the County, as for a contempt, not longer than one day, as well as fine him in an amount not exceeding ten dollars ; the costs of such rule,

stions in c'rtain
Parties to have

Delivery, &c deposition.

May take renn. ciations of doer, releases of nheritance.

commitment, and detention in custody, as well as in the fine so imposed, may be levied of the goods and chattels of such recusant witness, on the order of such Trial Justice, directed to any Consta

ble of the County, as in cases of execution. May take depna SEC. 37. In case it shall appear to the satisfaction of any Trial

"attan Justice aforesaid that the attendance of any witness whose testinotice, &c. mony may be required in any case before him cannot be had, by

reason of extreme age, sickness, or infirmity, or of indispensable absence on public official duty, or in consequence of intended re

moval from the State before the cause can be otherwise ready for

c., of trial, or where such witness may be resident in another County, or 18*9 XI, 2), $ 19; without the limits of the State, to take the examination of such 1794, V, 249, 23.

witness in writing, or cause the same to be done by another Trial Justice, to be used in evidence on the trial of the case: Provided, That the parties to such cause shall have notice thereof in time to be present, if they or either should choose to be present: Provided, also, That when such examination is so made by another, it shall be sealed up, with the title of the case endorsed, and conveyed

by a disinterested person to the Trial Justice authorizing the same. ciations of dov- SEC. 38. Any Trial Justice may take releases of inheritance and

renunciations of dower. 1839,XI, 30, $21.

Sec. 39. Any Trial Justice of the County is authorized and rein certain casino quired to exercise all the powers, and discharge all the duties of the

Coroner, in holding inquests over the bodies of deceased persons, and taking all proper proceedings therein, according to the laws of force, in all cases where the Coroner of the County may be sick, or absent, or at a greater distance than fifteen miles from the proper

place for such inquiry, or where the office is vacant. Two Trial Jus- Sec. 40. Any two Trial Justices are authorized and required to

as grant the writ of habeas corpus as fully, effectually and lawfully as corpus, venalis may any Judge of the Court of Common Pleas and General Ses

sions or Judge of the Supreme Court of this State; and if any 1839 X1. 23, 19. Trial Justice shall willfully refuse, neglect, or omit to grant the

writ of habeas corpus to any person or persons requesting or de manding the same, who shall be legally entitled to request or demand the same, he shall forfeit, for said default, the sum of five

hundred dollars. To keep record SEC. 41. Each Trial Justice shall keep two books, the one for civil, und criminal the other for criminal, cases, wherein he shall insert all his proceed

ings in each case by its title, showing the commencement, progress Ib., 22, 05.

and termination thereof, as well as all fees charged or received by him; and shall produce the same, when required, for the inspection of the Solicitor of the Circuit; and at the expiration of his term of

Act as Coroner

Ib., 33, % 29.

tices to grint writs of habeas

tur refusil in
proper cases
1712, II, 400, 21;

2 Buil., 232.

books for civil


papers pertain

of Sessions to the


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office he shall deposit the same in the Clerk's office for the County for which he was appointed.

SEC. 42. All papers pertaining to the Court of Sessions shall be To retuin all returned by each Trial Justice to the Clerk, at least ten days before iny to the Court the ensuing term of said Court, except such as may have been Cleik. issued or received by him subsequent to that time, which shall be Ib., 23, § 11. returned on the first day of the term, under the penalties in the following Section prescribed; and every such paper shall be of a size not less than half a sheet of foolscap, folded in the manner that writs are when issued, and shall be endorsed legibly with the title of the case, nature of the offence, kind of proceeding, and the Trial Justice's name.

SEC. 13. On their failure to return such papers to the Clerk, as Penalty for nedirected in the preceding Section, they shall not receive any fee or II. 1836, VI. compensation for issuing or taking the same, unless it shall ap- 502, pear that the offence was committed or the information made subsequent to such day, or by the return of the Sheriff, Constable or other officer executing such warrant or other process, to be made on oath that the same could not be executed by him in time therefor; and they shall be subject to the payment of a fine of five dollars for every such default, within the discretion of the Court, to which a rule thereof shall be made returnable.

SEC. 44. That all fines and penalties imposed and collected by Fins and penala Trial Justices in criminal causes shall be forthwith turned over by wisho uby them to the County Treasurers of their respective Counties, for to the County County purposes: Provided, That when, by law, any person or per- 1871, XIV, 655, sons is or are entitled, as informer or informers, to any portion of the fine or penalty imposed and collected, the same shall be immediately paid over to him or them.

Sec. 45. If any Trial Justice shall neglect or refuse to imme. Pa Jure to pay diately pay over any and all fines and penalties collected by him porised.' in any criminal cause or proceeding, he shall, on conviction thereof, 15., 656, $ 3. be subject to a fine of not less than one hundred, nor more than one thousand, dollars, and imprisonment not less than three, nor more than six, months, and shall be dismissed from office, and disqualified from holding any office of trust and profit under the State of South Carolina.

Sec 46. Any Trial Justice, according to the established forms of proceeding for offences against this State, (at the expense of the offeners against United States, and to be tried by such Court of the United States as may have cognizance of the offence,) may order the arrest, imprisonment or bail of a person charged with a crime or offence pe against the United States, alleged to have been committed within her. Clerk of this State; and a copy of the process shall be returned as speedily

ties to be forthwith turned over


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over fines; bow

May arrest for offences against the United States

Process returna

Offender to he removed to pr.

gest, 90, 21.

Fees of.

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e as may be into the office of the Clerk of such Court, together with per County. the recognizances of the witnesses for their appearance to testify in 1839,XI, 25, \ 14. Act of contriss, the case, which recognizances any Trial Justice may require, on Sept. 26, 1789, Chop. 20, 233." pain of imprisonment; and, if such offender be committed within 1 Brightly's D.

a County in which the offence cannot be tried, the Trial Justice ordering the arrest shall issue his warrant for the removal of the offender and witnesses to the proper County.

Sec. 47. The fees which Trial Justices shall be authorized to 1970, XIV, 398, receive in the several cases herein specified shall be as follows:

Oath and warrant, in any criminal case, fifty cents; each recognizance, fifty cents; commitment and release, each fifty cents; administering and certifying oath in writing, other than above, fifty cents; issuing writ of habeas corpus to two Justices jointly, two dollars; issuing snmmons and copy for defendant in civil cases, sixty cents; issuing summons for witness in any civil case, fifty cents; taking examination of witness in writing in any case, as prescribed by law, one dollar; for giving judgment on hearing litigated case, fifty cents; for giving judgment in case not defended, fifty cents; for issuing execution, or renewal of the same, fifty cents; report of case and taking bond to appeal, one dollar and fifty cents; for issuing attachment returnable to Court or Justice, including all notices one dollar and fifty cents; for filing return of garnishee and order thereon, twenty-five cents; for proceedings in case of eject. ment, five dollars; for approval of indentures of apprentices or servants, one dollar; for proceedings on Coroner's inquest, as prescribed by law, ten dollars; for proceedings on estray of horse or mule, one dollar; for proceedings on all other estrays, fifty cents; for taking and certifying renunciation of dower or inheritance, two dollars; for granting order for special bail, one dollar; for trial of any criminal case or misdemeanor, three dollars; for administering oatb, twenty-five cents; for administering oath on affidavit, fifty cents; proceedings in case of bastardy, inclusive, five dollars.

Sec. 48. Trial Justices shall be entitled to the same fees for issuing against Consta- rules against Constables, and hearing the return thereto, as they are 1946, XI, 361, 43. allowed by law for issuing a summons and trying a small and meau


Sec. 49. No account of a Trial Justice, for fees, in any criminal only upon oth cause, shall be paid, unless he shall declare, on oath, that the costs be collected of in the said cause have not been recovered of the defendant, and that that fines, &c., he, the defendant, was unable to pay the same; and, further, that to County Tibas- all fines and penalties theretofore collected by such Trial Justice 1971. XIV.656. bave been faithfully and fully paid over to the County Treasurer of

the County.

Sec. 50. If any Trial Justice shall charge any other fees or for

Fees for rule


Accounts paid

that cost cannot

defendants, and


$ 2.

Penaltr for ur


any other services than herein allowed by law, he shall be liable to Penalty formarforfeit to the party injured ten times the amount of excess of fees so charge; how reimproperly charged, to be recovered by suit in the Court of Common 1940, X1,151, $ 5. Pleas.




| SEC. 1. How chosen ; term of office; where 9. To attend Circuit Courts when to reside.

required. 2. How to qualify.

10. To arrest for disturbances of the 3 Caths,

peace and crimes committed in 1. To a t throughout County.

his view. May call out posse 5. To execute and return all processes

comitatus. Refusing to obey his
legally directed to them. Execu-

summns, a misdemeanor.
tion and attachment. Schedule. 11. Service of p.ocess.
Sales Advertisement. Payment. 1 12. To retsarn executions within sixty
Penalty for d fault; how cov-

days. erect: punishment.

13. Liability for neglect to ea force or 6 Toexecute process of Trial Justice's

return executions; debt recoverCourt. Penalty for disobedience,

able of su eties. 7. Punishment for oppression, &c.; 4. Shall frfeit fes and be subject to fine and imprisonment; liability

fine of $. for default in returning to party aggrieved: (Onts.

warrants, &c., of Trial Justices. 8. May be removed from office on! 15. Fees. conviction,

16. Liability for unauthorized charge.

lIow chneen;

W bere 'o reside.

SECTION 1. Constables shall be chosen in each County by the qualified electors thereof, in such manner as the General Assembly term of office. shall direct, for the term of two years. They shall reside in the Cont.,

we Con-t., Art. IV, County, city or beat for which they are elected.

221. SEC. 2. When any person shall be elected to the office of Consta- Ilow to anglife, ble, he shall repair to the Clerk's office of the County, and, together 18:9, X1, 80, 55 with the evidence of his election, he shall lodge his bond, in the form prescribed by law, in the penalty of five hundred dollars, with good sureties, not less than two, nor more than five, to be approved in writing by the Clerk; and, upon taking the oaths herein prescribed, such person shall be entitled to a certificate from the Clerk that he has filed his bond, and taken the requisite oaths, and shall thenceforth be regarded as a regularly qualified Constable; nor shall any person, pot so qualified, exercise the powers of a Constable: Provided, That nothing herein contained shall prevent a presiding Judge or a Trial Justice from appointing a Constable to act by virtue of such appointment, only on a particular occasion, to be specified in writing.

SEC. 3. Every Constable shall, before receiving the certificate in the last Section provided for, take the following oaths: The oath Ib.; 1829, VI, prescribed by the Constitution for civil officers, the oath against ***


384, 24.

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