A. D. 1912, Grand Jury for County of; and shall be open for the trial of cases, civil and crimial, from the beginning to the end of each of its said terms. Sec. 3523. The grand jury as drawn in accordance with aw for service upon the Court of General Sessions in each Court. of the said Counties shall constitute the grand jury for the civ. '02, § aid County Court, and shall meet with the said County Court at each of its terms, except the term next succeeding ach session of the Circuit Court, at which term the grand ury need not meet with the County Court. 2762. for shall be 2763. Sec. 3524. The Board of Jury Commissioners as consti- How jurors uted by law in each of the Counties of the State for the drawn. drawing of jurors for the Circuit Courts shall constitute Civ. '02, I he Board of Jury Commissioners for the drawing of jurors o attend upon the sessions of the County Court, and the law elating to the qualifications, drawing and summoning of urors for attendance upon the Circuit Courts shall apply o the qualifications, drawing and summoning of jurors for he County Court: Provided, That not more than eighteen persons shall be drawn and summoned to attend at the ame time at any session of the County Court unless the Court shall otherwise order. Jurors drawn and summoned hall appear and attend upon the sessions of the said County ourt for which summoned until excused or discharged by he Judge presiding: Provided, That service as a juror in e County Court shall not be held to exempt the juror from rvice as such in the Circuit Court in the same year. Sec. 3525. It shall be the duty of the County Solicitor Duty of the prepare and, through the presiding Judge of the Court for. General Sessions, submit to the grand jury, while in civ. '02, S tendance upon the Court of General Sessions, bills of dictment in all cases pending in the County Court where e punishment exceeds a fine of one hundred dollars or prisonment for thirty days, and have not been previously ted on by the grand jury; and the grand jury shall act ereon, and report the same to the presiding Judge, and e said Judge shall direct the Clerk of the Court of Genl Sessions to report the same to the presiding Judge of › County Court at its next ensuing term. All cases in ich bills of indictment are so found shall stand for trial the County Court as though found by the grand jury ile in attendance upon the County Court. County Solici 2764. A. D. 1912. cuit Court er of County Court. 2765. Sec. 3526. The Clerk of the Circuit Court shall be ez Clerk of Cir- officio Clerk of the County Court, and shall keep such calenofficio Clerk dars, minutes and records of the said County Court, and the causes therein pending, and attend and perform such duties Civ. 02, as the Clerk thereof, as is required of him by law as Clerk of the Circuit Court. For services performed as Clerk of the County Court he shall receive the same compensation as if performed by him as Clerk of the Circuit Court. Sec. 3527. The Sheriff of the County shall attend upon all sessions of the said County Court, and shall be subject Civ. 02, to the orders thereof, and shall execute the orders, writs and mandates of the said County Court, as required by la of him with reference to the Circuit Court. For all such service he shall receive the same compensation as is allowed by law for similar services in the Circuit Court: Provided. That for serving each venire for the County Court, the Sheriff shall receive the sum of ten dollars. Duty of Sheriff. 2766. Bailiffs; how appointed and pay of. 2767. Sec. 3528. The presiding Judge of the said County Court may appoint a sufficient number of bailiffs; not exceeding Civ. '02, three, to attend upon the said Court, and be subject to the orders thereof. Such bailiffs shall receive as compensation for their services one dollar per day for the time actually engaged, and shall not be retained in attendance upon the Court longer than the exigencies of the business of the Court shall require. Com pensa 2768. Sec. 3529. Grand and petit jurors in attendance upon th tion of jurors and witnesses. sessions of the said County Court shall receive as a com Civ. '02, §pensation for their services one dollar per day, and five cents per mile for necessary travel in going to and return ing from the County seat. Witnesses in attendance upon the said County Court shall receive the same compensation as witnesses in attendance upon the Circuit Court. Jurisdiction of Magistrates where County established, thereof. Sec. 3530. The jurisdiction of Magistrates in criminal in Counties cases in all Counties wherein said County Court shall be Courts are established is hereby abolished: Provided, It shall be the and duties duty of said Magistrates, and they shall have the power, to issue warrants and hold preliminary examinations in all Cv. 02, $criminal cases, and take such action therein as is now provided by law in criminal cases beyond their jurisdiction; in committing or binding over defendants and witnesses, it shall be the duty of said Magistrates to commit and bini 2769. over for trial at the next ensuing session of the County Court-except in those cases over which the County Court as no jurisdiction, in which case the said Magistrates shall commit or bind over for trial in the Court of General Sessions: Provided, further, It shall be the duty of said Magisrates, in binding over witnesses, to appear and testify, on behalf of the State, before the County Court, in cases wherein the punishment exceeds a fine of one hundred dolars or imprisonment for thirty days, to insert a provision n the recognizance requiring said witnesses to appear and estify in said case before the grand jury, at the next ensung term of the Circuit Court, when the said next ensuing term of the Circuit Court is appointed by law to be held ɔefore a term of the County Court; it shall be the duty of said Magistrates, immeditely after committing or binding over a defendant for trial, to lodge with the Clerk of the Court by which the said defendant is to be tried, all papers and proceedings connected with the said case: Provided, That the Circuit Solicitor shall have the power to direct what cases may be tried before the Court of Sessions in all cases when the said Court has concurrent jurisdiction with the County Court. A. D. 1912, Jurisdiction 2770. County Soli Sec. 3531. The jurisdiction of Magistrates in civil cases of Magistrates and special proceedings in all Counties wherein said County in civil cases. Court shall be established is hereby limited to cases and Civ. '02, § roceedings wherein the value of the property in controversy r the amount claimed does not exceed twenty-five dollars. Sec. 3532. It shall be the duty of the Governor, upon for how ap he recommendation of the members of the General Assem-pointed; term of office, &c. ly from each of the Counties where said County Court has Civ. '02, § een established, to appoint for each of said Counties a 2771. esident attorney at law as County Solicitor, whose term of ffice shall continue until his successor shall have been lected by the qualified electors of the County at the next ucceeding general election, and until his said successor ualifies. After the first term herein provided for, the erm of the County Solicitor shall be for four years, and ntil the election and qualification of a successor, the qualied electors electing such successor at the general election ccurring every four years. Sec. 3533. The said County Solicitor shall represent the tate in all cases brought before the said County Court A. D. 1912. Duties of tor. 2772. wherein the State is a party, and shall have the same powers County Solici- and perform the same duties with reference thereto as a Cir cuit Solicitor with reference to cases brought before the Civ. '02, Court of General Sessions. He shall also attend all inquests held by the Coroner, aid in procuring evidence, and repre sent the State in the examination of witnesses at such inquests; and he shall ex officio be the legal adviser of the County Board of Commissioners without extra compensation. Judges and County 2773. Judge and hibited prac cause of which Salaries of Sec. 3534. The said County Judge shall receive as a comSolicitors of pensation for his services the sum of one thousand dollars Courts. per annum, and the said County Solicitor the sum of three Civ. 02. hundred dollars per annum, to be paid by the County. Sec. 3535. The said County Judge and County Solicitor Solicitor pro-are prohibited from practicing as attorneys at law in any ticing in any cause or matter of which the said County Court has juris County Court diction, or may acquire jurisdiction, and upon conviction of has jurisdicany wilful violation of this Section, the offender shall be Civ. 02. adjudged to have forfeited his office and shall be sentenced to pay a fine of not less than two hundred nor more than five hundred dollars, and be imprisoned for a period of not less than one month nor more than six months: Provided. The said County Solicitor shall be at liberty to practice in all causes and matters on the civil side of said Court. tion. 2774. Judge shall appoint a ste Sec. 3536. The County Judge in each of the Counties nographer; wherein the said County Court is established shall appoint Civ. '02, § 2775. salary of, &c. for the said County Court an official Stenographer, whe shall attend upon the sessions of the said Court and perform the same duties in connection therewith as are per formed by Circuit Stenographers in the Circuit Courts. The said Stenographer shall receive from the County wherein he is appointed a salary of three hundred dollars per year. Counties excepted. Civ. '02, § 2776. Sec. 3537. The provisions of this Chapter shall not apply to the Counties of Abbeville, Anderson, Bamberg, Beaufort. Berkeley, Charleston, Chester, Chesterfield, Clarendon, Cherokee, Dorchester, Edgefield, Fairfield, Florence, Greenwood, Georgetown, Horry, Marion, Lancaster, Laurens Lexington, Marlboro, Orangeburg, Oconee, Pickens, Saluda. Sumter, Union, Williamsburg, Kershaw, Barnwell, Spartanburg, Greenville and York. A. D. 1912, SEC. CHAPTER LXXXIX. The City Court and the Police Court of Charleston. 3538. Court to be held by Recorder; his salary and how paid. 3539. Appointment; term of office; sessions of Court. 3540. Jurisdiction of Court. 3541. Jury. 3542. Board of Jury Commission- 3543. Qualifications of jurors. 3547. Right of appeal to Supreme This Chapter amended by Act 1903, XXIV., 89. Charleston; corder and how paid. Section 3538. The Court heretofore established and called To be holden The City Court of Charleston shall be held by the Recorder by Recorder of f the City of Charleston; and the City Council shall fix salary of Re nd provide such compensation for the Recorder as may e fit and proper, and proportioned to the importance of his,,Civ. '02, tation, which compensation shall not be increased or diminshed during his continuance in office, to be paid by the ity. 2777. term of office, Court. Sec. 3539. The said Recorder shall be appointed by the Recorder's ity Council of Charleston, and hold his commission during sessions of ood behavior; and he shall sit at such times as may be fixed Civ. '02, y the ordinances of the City Council of Charleston from 2778. me to time. His authority is not derived directly from the State, but from the City uncil, and his commission need not be issued by the State.-Eggleston v. Ey Council, 1 Mill, 45. of Court. Sec. 3540. The jurisdiction of the City Court of Charles- Jurisdiction n shall be limited to the trial of causes arising under the dinances of the City Council of Charleston. What jurisdiction exercised.-Thomas v. Dyott, 1 McC., 76; Jackson v. tts, 1 McC., 288; Green v. Smith, 1 McC., 324; Moore v. Brown, 3 McC., Brown v. Overstreet, 4 McC., 79; City Council v. King, 4 McC., 487; Civ. '02, 2779. |