A. D. 1911 imposed by this section and by Section 5 of Article X of this Constitution, shall not apply to the bonded indebtedness in and by any municipal corporation when the proceeds of the said bonds are applied solely and exclusively for the purchase, establishment and maintenance of a waterworks plant, or sewerage system, or lighting plant, and when the question of incurring such indebtedness is submitted to the freeholders and qualified voters of such municipality, as provided in the Constitution, upon the question of other bonded indebtedness;" Whereas, The majority of electors qualified to vote for members of the General Assembly, voting thereon at the general election next succeeding the passage of the Joint Resolution, did vote in favor of said amendment; SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That the amendment of Section 7 of Article VIII of the Constitution of the State of South Carolina, submitted by the last General Assembly to the qualified electors of the State, at the genearl election next thereafter, and upon which a majority of the electors qualified to vote for the members of the General Assembly, voting thereon at the last past general election, voted in favor thereof, be, and the same is hereby, ratified and made a part of the Constitution of the State of South Carolina; that the said amendment so made a part of the Constitution is as follows: "Provided, further, That the limitations imposed by this section, and by Section 5 of Article X of this Constitution, shall not apply to the bonded indebtedness in and by any municipal corporation shall not apply when the proceeds of said bonds are applied solely and exclusively for the purchase, establishment and maintenance of a waterworks plant, or sewerage system, or lighting plant, and when the question of incurring such indebtedness is submitted to the freeholders and qualified voters of such municipality, as provided in the Constitution, upon the question of other bonded indebtedness." Proviso that limitations in certain cases. Approved the 3d day of February, A. D. 1911. No. 9. AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE A. D. 1911 Stats., 1054. Whereas, The General Assembly of the State of South Resolution Carolina did, by Joint Resolution, approved the 28th day of 1910, 26 February, A. D. 1910, submit to the qualified electors of the said State, at the general election next thereafter, an amendment to Section 7, Article VIII, of the Constitution of the State of South Carolina, by adding thereto a clause providing as follows: "Provided, further, That the limitations imposed by this section, and by Section 5, Article X of this Constitution, shall not apply to bonded indebtedness incurred by the town of St. Matthews, but said town of St. Matthews may increase its bonded indebtedness in the manner provided in said section of said article to an amount not exceeding fifteen per cent. of the value of the taxable property therein, where the proceeds of said bonds to the amount of twenty thousand ($20,000) dollars shall be turned over by the Town Council of said town of St. Matthews to the duly appointed commissioners of the county of Calhoun for the purpose of aiding in the construction of public buildings for the county of Calhoun;" Whereas, A majority of the electors qualified to vote for members of the General Assembly voting thereon, at the general election next succeeding the passage of the Joint Resolution, did vote in favor of said amendment; therefore, Sec. 7, Art. SECTION 1. Be it enacted by the General Assembly of the Amendment to State of South Carolina, That the amendment to Section 7 of vIII, ratified. Article VIII of the Constitution of the State of South Carolina, submitted by the last General Assembly of said State to the qualified electors of the State, at the next general election thereafter, and upon which a majority of the electors qualified to vote for the members of the General Assembly, voting thereon at the last past general election, voted in favor thereof, be, and the same is hereby, ratified and made part of the Constitution of the State of South Carolina; that the said amendment so made a part of the Constitution is as follows: "Provided, fur A. D. 1911 Proviso that limitations herein shall not apply in certain cases. Court estab lished. ther, That the limitations imposed by this section, and by Section 5, Article X of this Constitution, shall not apply to bonded indebtedness incurred by the town of St. Matthews, but said town of St. Matthews may increase its bonded indebtedness in the manner provided in said section of said article to an amount not exceeding fifteen per cent. of the value of the taxable property therein, where the proceeds of said bonds to the amount. of twenty thousand ($20,000) dollars shall be turned over by the Town Council of said town of St. Matthews to the duly appointed commissioners of the county of Calhoun for the purpose of aiding in the construction of public buildings for the county of Calhoun." SEC. 2. That this Act shall take effect immediately upon its approval by the Governor. Approved the 3d day of February, A. D. 1911. No. 10. AN ACT TO ESTABLISH A CIVIL AND CRIMINAL COURT IN THE SEC. 2. The said Civil and Criminal Court shall have such Jurisdiction. jurisdiction as is now provided for by law for the Judicial Magistrate's Court in said city and county, and in all other actions heretofore cognizable within the said territorial limits, wherein the amount sued for or the value of the property claimed, exclusive of costs, does not exceed five hundred dollars; but such jurisdiction shall not extend to cases where the A. D. 1911 title to real estate is in question, nor to cases in chancery, and shall be concurrent with the Courts of Common Pleas therein, in matters within the jurisdiction of the court herein established. SEC. 3. The present judicial magistrate in said city and Presiding county, shall be the presiding Judge of said Civil and Crim- Judge. inal Court, and shall be by the Governor commissioned as such, subscribe the oath of office therefor, until the next ensuing general election hereafter, when his successor shall be elected in the same manner as is now provided by law for the election of a Probate Judge in the county of Charleston. He shall be an attorney of law, resident within said territory, and shall be the presiding Judge of said Civil and Criminal Court, and shall hold his office for a term of four years, and until his successor has been elected and qualified. He shall receive as compensa tion for his services the sum of twelve hundred dollars per Compensation. annum, from the time of the issuance of his commission, to be paid by the County Treasurer of said county of Charleston, as the judicial magistrate and all other magistrates therein have heretofore and are now paid, and he is prohibited from practicing as an attorney in said court, or any court inferior to the Circuit Court, except the Probate Court. Ministerial SEC. 4. All summons and other process for said Civil and Criminal Court shall be issued exclusively by one of the min- Magistrates. isterial magistrates in said territorial jurisdiction, except in cases wherein the amount sued for or the value of the property claimed exceeds one hundred dollars, wherein the practice, pleadings, forms and modes of procedure of force in the Courts of Common Pleas shall be, and they are hereby, made applicable to and to be followed in said Civil and Criminal Court. The jurisdiction, powers and duties of the said ministerial magistrates being hereby and in no way increased or diminished, but they are to perform the same to the said Civil and Criminal Court as they do now to the Judicial Magistrate's Court, and in lieu and stead thereof. SEC. 5. Any party in any civil cause in said court shall be Jury trial. entitled to a jury trial, the jury to consist of six persons, to be summoned and empanelled as follows: The Judge of said Court and the clerk thereof shall constitute a Board of Jury A. D. 1911 Proviso. Jury box. Preparation of jury box. Commissioners: Provided, In case either of said board fail to attend for the purpose of drawing a jury the other may act. They shall perform the duties required of them as jury commissioners without compensation. Whenever a jury trial may be demanded by any party thereto entitled in this court, said jury commissioners shall draw from the jury box hereinafter provided for, indiscriminately, fifteen names, which said names shall be written on three pieces of paper and numbered consecutively from one to fifteen, and shall constitute the jury list; one copy of which shall be retained by the court and one copy be given to each of the parties litigant. The names on said list shall be stricken off by numbers, from which said list the parties or their attorneys shall alternately strike, until there shall be but seven left, the first six of which shall constitute the jury to try the case, unless for any cause any of them shall not appear and serve, in which case the seventh shall act. If, for any cause, a full jury should fail to appear, the parties may agree to a trial by the number actually appearing. Upon the selection of the seven names, as hereinabove described, the Clerk of said Court shall issue a writ of venire facias, directed to each of said jurors, and shall therein require regular attendance on the day stated therein, and such other days as the court may order. Each juror serving in said court shall receive the sum of fifty cents per day, to be paid in advance by the party demanding the jury. If any person summoned to attend upon said court shall neglect or refuse to appear, without sufficient legal excuse, he shall forfeit and pay to the said county a fine of five dollars, for which judgment may be forthwith entered in said court against him, and execution issued therefor, together with the sum of five dollars cost, for the officer of said court entering such judgment and levying such execution, and such judgment and execution shall be of the same force and effect as are all other judgments and executions for said court. SEC. 6. The jury box hereinabove referred to shall be prepared as follows: The Board of Registration for the county of Charleston, together with the County Treasurer and County Auditor, shall, during the month next succeeding the approval of this Act, and thereafter during the month of January next |