Town of Lexington v. Wise

Citations

• 24 S.C. 163

Syllabus

<p>1. The charter of the town of Lexington provides, that the intondant and wardens, or a majority of them, shall be vested with all the powers of a trial justice in this State in all cases of violation of any ordinance of the said town. Held, that the town council of Lexington, in the trial of offenders against the town ordinances, can only exercise the powers conferred by law upon trial justices, and are subject to the same limitations.</p> <p>2. Therefore, the accused in such trial has the right to trial by jury, if demanded, and that the testimony be taken down in writing and subscribed by the witnesses, and upon conviction, the right of appeal to the Circuit Court.</p> <p>3. The legislature having made this provision for the trial of persons accused of violations of the ordinances of the town, instead of creating a strictly municipal or police court for the trial of such offenders, the courts cannot declare such provision to be against public policy.</p>