Constitutional History of South Carolina From 1725 to 1775

Cover Constitutional History of South Carolina From 1725 to 1775
Constitutional History of South Carolina From 1725 to 1775
David Duncan Wallace
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In the period under consideration we find the term "justice of the peace and quorum. " In some com- missions the words "and quorum" did not appear. The difference was that for certain purposes a justice of the peace and quorum was required, and that a justice simply of the quorum exercised notorial rather than judicial duties. The distinction is no longer made.
From the settlement of the colony justices of the peace were important officials, because of their special jurisdiction over slaves and
... persons of color, and because of the lack of courts of superior jurisdiction out- side Charleston. The Assembly was constantly striving to make them as effective and as useful to the colony as possible.
1 Pub. Rec. S. C, MS. , XXXI. , 80.
COURTS BEFORE 1769. 23 In 1765 the jurisdiction of justices of the peace in civil cases extended to ^20 currency.^ The changes of detail are too numerous to specify.
A point of importance is that two justices, one being of the quorum, might grant habeas corpus.


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