A. D. 1911 succeeding every general election for State officers, prepare a list of not less than fifteen hundred of the qualified electors, now or hereafter qualified by law to act as jurors, and appearing upon the lists of registration on the 31st of December, 1910, and thereafter appearing upon such list at the time of each next preceding general election, and shall cause the said names, each one to be written on a separate piece of paper or ballot, and shall fold up such pieces of paper or ballots so as to resemble each other as much as possible, so that the name thereon shall not be visible from the outside, and shall place them in a jury box to be furnished by the County Commissioners for that purpose, and all names for jurors for said court shall thereafter be drawn from said box, in the manner herein provided. It shall be the duty of the Clerk of said Court to keep said jury box in his custody, and such jury box shall be provided with two locks, each different; a key to one Clerk to have lock shall be kept by the Clerk of said Court, and one by the jury box. Judge of said Court, so that neither of said parties shall hold keys to the same lock. And it shall be the duty of the County Board of Commissioners for the county of Charleston to furnish to the said Board of Registration for the county of Charleston, the County Auditor and the County Treasurer, a jury box of sufficient size and without any compartments therein, so that when all the separate pieces of paper or ballots aforesaid shall be folded and enclosed therein they may be capable of being readily shaken out and intermixed in such box. As soon as all of the said names shall have been placed Statements in said box the Board of Registration for the county of Charles- be filed. ton, the County Auditor and County Treasurer, shall file with the Clerk of said Court their several statements, under oath, that they have so prepared such list and placed all of the names in such box, as required by the provisions of this Act. custody of cases. SEC. 7. In all criminal cases the prosecution may be represented by any reputable attorney of law, employed by the prose- Criminal cution, or the solicitor of the circuit may be required to attend and be in charge thereof, in the discretion of the presiding Judge, or of his own volition. SEC. 8. The said Civil and Criminal Court shall have full power and authority to punish for contempt committed during to A. D. 1911 May punish the session thereof and in the presence of said court; and for such contempt may impose punishment by fine not exceeding for contempt. fifty dollars, and imprisonment not exceeding forty-eight hours, either or both. Judge may appoint clerk. Duties. SEC. 9. The Judge of said Court shall have the authority to appoint a clerk for said court, who shall hold the term of office for two years from date of appointment; said clerk shall also be invested with the same powers and duties as are now or which hereafter may be devolved upon magistrate's constables. He shall give bond and qualify as a constable of said court, and shall receive as compensation the sum of twentyfive dollars per month, to be paid in the same manner as is now paid the salary of the clerk or constable of the judicial magistrate. The duties of said clerk shall be the same as those now performed by the clerk of the judicial magistrate, and to preserve order in said court, and call to his aid a person or persons to preserve order therein, who shall be compensated by him out of the fees hereinafter provided for; and such person or persons, when so called, shall have the like. powers of the magistrate's constable. SEC. 10. In all criminal cases the jury shall serve and be Jury to serve summoned without compensation. In civil cases and special without pay in certain cases. Appeal allowed. proceedings, where the amount involved is less than one hundred dollars, there shall be paid in advance to the said clerk the sum of fifty cents, and in all larger amounts the sum of one dollar, as a docketing fee, and in lieu of all other costs in said. court whatsoever, except that where a jury trial is demanded there shall be paid to the clerk in advance by the party demanding the same, as hereinafter provided, the sum of fifty cents per day for each of the six jurors, and the further sum of fifty cents for procuring the attendance of same. SEC. 11. Appeal shall be from the said Civil and Criminal Court, in all cases now allowed by law from the ordinary magistrate's courts, to be presented in the same manner and under the same regulations as therein prescribed, except that instead of the testimony being in all cases taken down in writing and signed by the witnesses, any party shall have the right to have the testimony taken stenographically by a stenographer, to be appointed by the Judge of said Court, or the Judge may A. D. 1911 appoint a stenographer: Provided, That such party shall pay SEC. 12. All judgments shall be entered, execution issued thereon, or transcript thereof be made, as now provided by law for the judgment rendered in said Judicial Magistrate's Court. SEC. 13. The rules of practice, pleadings, forms and modes of procedure now applicable to and heretofore governing the said Judicial Magistrate's Court, shall be applicable to and govern the said Civil and Criminal Court, except as herein otherwise provided for. The said court shall be held on every Time for holdday of the week except Monday, Saturday, Sunday and public ing Court. holidays, and may be held on any secular day. The presiding Judge may set aside any sufficient time during each week or month for the trial of jury cases only. The place for holding such court shall be provided by the County Commissioners of Charleston county, and may be the place at which the Judicial Magistrate's Court has heretofore been held; and all books, dockets and other stationery necessary for the business of said court shall likewise be provided by said County Commissioners. SEC. 14. In case of the disability, inability from any cause, Vacancy; how absence from the State, death or resignation of the Judge of filled. said Court, the Governor shall appoint some member of the bar, resident in said jurisdiction and learned in the law, to temporarily fill the place without compensation, unless compensated by the Judge of said Court. SEC. 15. The present Judicial Magistrate's Court for the Judicial magis city of Charleston and the territory adjacent thereto, in the trate's court county of Charleston, be, and the same is hereby, abolished. SEC. 16. All laws and parts of laws not inconsistent with the provisions of this Act be, and the same are specifically, enacted. SEC. 17. This Act shall go into effect immediately upon its approval by the Governor. SEC. 18. All Acts or parts of Acts inconsistent with or repugnant to this Act are hereby repealed. Approved the 18th day of February, A. D. 1911. abolished. A. D. 1911 1962, Civil Code amended. No. 11. AN ACT TO AMEND SECTION 1962 OF THE CODE OF Laws of SECTION 1. Be it enacted by the General Assembly of the Section 1962. Said town council shall have the power to elect a clerk and treasurer, who shall execute such bond for faithful performance of his duties as fixed by said town council, and his salary shal! be fixed before election; also, said council shall have the power, if in their judgment it is necessary, to elect a recorder for such town, and fix the salary for same. Approved the 18th day of February, A. D. 1911. No. 12. AN ACT TO ADD A NEW SECTION TO CIVIL CODE OF 1902, A CITY OR TOWN. SECTION 1. Be it enacted by the General Assembly of the New section, State of South Carolina, That an additional section be added to the Civil Code of 1902, Volume I, to be numbered Section 1997a, which shall read as follows: numbered 1997a, added to Civil Code. Section 1997a. Whenever it is proposed to extend the corExtension of porate limits of any city or town in this State so as to include limits of cities any adjacent territory under the provisions of Section 1997, consolida- whether the said adjacent territory be in whole or in part an corporate and towns by tion. incorporated municipality, it shall be lawful for said city or town and such adjacent territory to stipulate and agree upon terms of consolidation, and such stipulations shall become a binding contract upon the city or town when enlarged: Provided, That such stipulations shall be printed in full, or fully identified by reference to some easily accessible publication thereof in full, on a majority of the affirmative votes cast at the election held under the requirements of the preceding section, A. D. 1911 both in the city or town seeking enlargement and in the territory or portion of territory so included as a result of such election. Approved the 17th day of February, A. D. 1911. No. 13. AN ACT TO AUTHORIZE The Cities of COLUMBIA AND GREEN- assessed for sidewalk im in certain cities. SECTION 1. Be it enacted by the General Assembly of the State of South Carolina, That the cities of Columbia and Property to be Greenville and the town of Manning are authorized to provide street and by ordinance for the payment of the cost of the permanent provement improvement of their streets and sidewalks, by laying upon the owners of property immediately abutting on the streets and sidewalks so improved an assessment in proportion to the frontage only of such property on said streets or sidewalks, or parts thereof, so improved, of not exceeding in the aggregate one-half of the cost of such improvements: Provided, Proviso. That no assessment shall be so laid upon the abutting property owners until such improvements have been ordered pursuant to such ordinance upon the written consent, signed and filed with the Clerk of Council, of two-thirds in number of the owners of the property abutting upon the street, sidewalk, or part of either proposed to be improved, and provision made for the payment out of the city or town treasury of not less than one-half of the costs of such improvement. Times Terms. and terms of payment and rates of interest on deferred payments of assessments by lot owners may be agreed upon as prescribed by ordinance. fund. SEC. 2. That the amounts raised by such assessments, together with the appropriation added thereto out of the city or Improvement town treasury, shall be kept as a separate fund to be used only for the purpose for which it was contributed and appropriated. |