Excerpt from The Law of Magistrates and Constables, in the State of South-Carolina: Comprising a Digest or the Duties and Powers of These Officers, as Established by the Statute Law, and Adjudged Cases in the Courts of This State; With an Addition of the Common Law of Crime; To Which Is Added, a Number of Warrants and Other Precedents, U
The Committee on District Offices and Officers, to whom was referred a Resolution to authorize the Governor to cause a compilation of the laws and decisions of the Court of Appeals, relative to the duties and powers of Magistrates and Constables, have had the same under consideration, and beg leave to Report: That they cannot, in their opinion, too strongly impress upon the House, the necessity of such a work, as the said resolution contemplates. That the Magistrates and Constables of the State are, in a large majority of cases, ignorant of the laws which the Legislature makes it their duty to enforce, does not admit of a doubt. These laws are now dispersed over many thousands of pages of law books, which are to them, in a great measure, wholly inaccessible, and being thus deficient in the knowledge of the laws which it is their duty to enforce, and having no means within their power to obtain that knowledge, they must, of necessity, be wanting in that confidence in their own ability, without which it is in vain to expect an efficient discharge of their duties. This being so, instead of administering the law as it is, their own judgement and impulses, are, of necessity, substituted for the law, and wrongs are thus being continually inflicted upon the rights of the people, which has rendered the office itself, not only odious, but a positive tyranny, which calls loudly upon this Legislature for a remedy.
Numerous prosecutions are continually occurring, upon frivolous and insufficient grounds, crowding the sessions dockets, all over the State - absorbing the time of the Courts - fomenting discords and strife among the people - taxing the time and means of defendants and prosecutors to a grievous extent, and drawing annually, large sums of money from the public Treasury to pay the costs of prosecutions.
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