The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, December 18, 1895, EXTRA, Image 5
i
m- Lexington Dispatch.
|| EXTRA ?
61| LEXINGTON. S. C.
I THE NEW I
ICONSTITUTiOfl
the law the people ?IEST
I NOW LIVE LNDKK.
IB0CJMI WSLL W5BTS SEEPIS5.
The Full Text of South Carolina's New
Organic Law as Adopted.
Following is tlie full text of the
New Constitution, as tinaliy adopted
by the recent South Carolina Constitutional
Convention:
We, the people of the State o I
South Carolina, in Convention assemnled,
grateful to God for our liberties,
s?o ordain and establish this Constitution
for the preservation and perpotuition
of the same.
A TNfTI-r/^T T? T
f -U
^ DECLARATION OF RIGHTS.
- Section 1. All political power is
vested in and derived from the people
*dy, therefore they have the right at
all times to modify their form of gov9rnnent.
fee. 2. Representation in the house
of jepresentatives shall be apportioned
.^.cording to population.
fee. 3. The general assembly ought
frequently to assemble for the redress
>f ;rievances and for making new laws,
is he common good may require,
fee. 4. The general assembly shall
i&e no law respecting an established;
of religion or prohibiting the
e exercise thereof, or abridging the
edom of speech or of the press; or
right of the people peaceably to
3mbie and to petition the governnt
or any department thereof for a
euress of grievances.
>eo. 5. The privileges and immuniis
of citizens of this State and of the
[ > ,iited States under this Constitution
all not be abridged, ncr shall any
' >rson be deprived of life, liberty or
joperty without due process of law,
ir shall any person be denied the
;4ial protection of the laws.
R All nr/mnTfv cnViiApf trt tav
;ion shall be taxed in proportion to
} y&lae.
Sec. 7. No tax, subsidy. charge,
upost tax or duties shall be estabiish||
_.i, fixed, laid or levied, under any
pretext whatsoever, without the conH
sent of the people or their representa
fcives lawfully assembled.
ssLa Sec. 8s No bill of attainder, ex
^^post facto law, law impairing the obligation
of contracts, nor law granting
any title of nobility or hereditary emolument,
shall be passed, and no conviction
shall work corruption of blood
I or forfeiture 6f estate.
K| Sec. 9. The right of suffrage, as re
gulated in this Constitution, shall be
I protected by law reguluting elections
I and prohibiting, under adequate pen
alties, all undue influences from powJ||
sr, bribery, tumult or improper con
* Sec. 10. All elections shall be free
and open, and every inhabitant of this
State possessing the qnalitications nroW
Wded for in this Constitution shall j
H have an equal right to elect officers
and be elected to till public office.
Sec. 11. No property qualification,
unless prescribed in this Constitution,
V shall be necessary for an election to or
[ the holding of any office. No person
shall be elected or appointed to office
I in this State for life or during good beI
havior, but the terms of all officers
shall be for some specified period, ex
cept notaries public and officers in the
| militia. After the adoption of ihis
I } Constitution any person who shall fight
l a duel or send or accept a challenge
? r w
; tor that purpose, or be an aider or
11 hotter in lighting a duel, shall be deK/
prived of holding any office of honor
I or trust in this State, and shall be othI
erwise punished as the law shall preSec.
12. Temporary absence frcni j
the State shall not forfeit a residence j
H once obtaiued.
p Sec. 13. The power of suspending i
the laws or the execution of the laws i
shall only in- exercised by the general |
K assembly or by its authority in par- ;
fi| ticnlar cases expressly provided for :
Sec. 14. In the government of this j
State the legislative, executive and !
^8 judicial powers of the government shall :
^ be forever separate and distinct from !
I omen otner, uau uv jjci?v.a ui p'ci&uuo j
exercising the functions of one of said j
departments shall assume or discharge
the duties of any other.
Sec. 15. All courts shall be public,
and every person shall have speedy
cemedy therein for wrongs sustained.
Sec. 16. The right of the people to j
be secure in their persons, houses, pa- '
pers and effects against unreasonable j
searches and seizures shall not be vio- !
iated, and no warrants shall issue but
upon probable cause, supported by i
oath or affirmation, and particularly j
(describing the place to be searched and i
|the person or thing to be seized.
jSec. 17. No person shall be held to
s!5wer for any crime where the pun- 1
ishment exceeds a line of SI00 or imprisonment
for 30 days, with or with
out bard labor, unless on a presentment
or indictment of a grand jury of
the county where the crime shall have
been committed, exceptin cases arising
in the land or naval forces or in the
militia when in actual service in time
of war or public danger; nor shall any
person be subject for the same offence
to be twice put in jeopardy of life or
liberty, nor shall be compelled in any
criminal case to be a witness against
himself. Private property shall not be
taken for private use without the consent
of the owner, nor for public use
without just compensation being lirct
made therefor.
Sec. 18. In all criminal prosecu- i
J Z T-irrVit I
Hons me accuseu sutui eujujr mt ;
to a speedy and public trial bj au impartial
jury, and to be fully informed
of the nature and cause of the accusa- i
tion; to be confronted with the witnesses
against him, to have compulsory
process for obtaining witnesses iD
his favor, and to be fullv heard in his !
V I
defense by himself or by his counsel i
or by both.
Sec. 19. Excessive bail shall not
be required, nor excessive fines im- [
posed, nor cruel and unusual punish- j
ments inflicted, nor shall witnesses be ;
unreasonably detained. Corporal pun- |
ishment shall not be inflicted. The i
power to punish for contempt shall not
in any case extend to imprisonment in
the State penitentiary.
Sec. 20. All persons shall, before
conviction, be bailable by sufficient
sureties, except for capital offenses
when the proof is evident or the presumption
great.
Sec. 21. Iu all indictments or prosecutions
for libel, the truth of the alleged
libel may be given in evidence,
- - - " ?-- -A- --J uu
and. tnejury snaa oe tae juugea wl cue
law and the facts.
See. 22. Treason against the State
shall consist alone in levying war or in
giviug aid and comfort to enemies
against the State. No person shall be
held guilty of treason, except upon
testimony of at least two witnesses to
the same overt act or upon confession
in open court.
Sec. 23. The privileges of the writ
of habeas corpus shall not be suspended
unless when, in case of insurrection,
rebellion or invasion, the public safety
may require it.
Sec. 2i. No person shall be imprisoned
for debt except in eases of
fraud.
Sec. 2-5. The right of trial by jury
shall be preserved inviolate.
Sec. 26. A well regulated militia
being necessary to the security of a
free State, the right of the people to
keep and bear arms shall not be infringed.
As in times of peace armies
are dangerous to liberty, they shall
not be maintained without the consent
of the general assembly. The military
power of the State shall always be held
iu subordination to the civil authority
axul be governed by it. No soldier
shall in time of peace be quartered in
any house without the consent of the
owner, nor in time of war but in the
manner to be prescribed by law.
Sec. 27. No person shall iu any case
be subject to martial law or to any
pains or penalties by virtue of that
law. except those employed in the
army and navy of the United States,
and excej)t the militia in actual service,
but by the authority of the general assembly.
Seo. 28. All navigable waters shall
^ ? l?i/ykrrOT*i? ^ron
rorever remsm puuxie jlugunojo,
to the citizens of the States and the
United Slates without tax, impost or
toll imposed; and no tax, toll, impost
or wharfage shall be imposed, demanded
or received from the owners of any
merchandise or commodity for the use
of the shores or any wharf erected on
the shores or in or over the waters of
any navigable stream unless the samebe
authorized by the general assembly.
Sec. 20. The provisions of the Constitution
shall be taken, deemed and
construed to be mandatory and prohibitory,
and not merely directory, except
where expressly made directory
or permissory by its own terms.
ARTICLE II.
3IGHT OF SUFFHAtfE.
Section 1. All elections by the peo- !
pie shall be by ballot and elections j
shall never be held or the ballots j
counted in secret.
Sec. 2. Every qualified elector i
shall be eligible to any office to be rot* i
ed for, unless disqualified by age as i
prescribed in this Constitution. But !
no person shall hold two offices of hon- j
or or profit at the same time, except |
that any person holding another office !
may at the same time be an officer in j
the militia and a notary public.
Sec. 3. Every male citizen of this ,
State and of the United States 21 years I
of age aud upwards, not laboring under
the disabilities named in this Constitution
and possessing the qualifications
required by it, shall be an elector.
Sec. 4. The qualifications for suf- !
frage shall be as follows:
(a) Residence in the State for two
years, in the county one year, in the |
polling precinct in which the elector
offers to vote four mouths, and the
payment six months before any election
of any poll tax then due and payable:
provided, however, that ministers
iu charge of an organized church
and teachers of public schools shall be
entitled to vote after six months residence
in the State, if otherwise qualified.
(b) Registration, which shall provide
for the enrollment of every elector
once in tea years and also an enrollment
during each and every year of
every elector not previously registered
under the provisions of this article.
(c) Up to January 1, 1893. ail male
persons of voting age applying for
registration who can read any section
in this Constitution submitted to them
by the registration officer, or understand
and explain it when read to them
by the registration officer shall be entitled
to register and become electors.
A separate record of all persons registered
before January 1, 1898, sworu to
by the registration officer shall be filed,
' one co]>y with the clerk of court and
I one in the office of the secretary of
i state, on or before February 1, 1898.
l and such persons shall remain during
| life qualified electors unless disquaiiI
find by the other provisions of this
article. The certificate of the clerk of
; court or secretary of state shall be
| sufficient evidence to establish the
! rioht of said citizens to anv eubse
I --o
I queut registration and the franchise
| under the limitations herein imposed.
| (b) Auy person who shall apply for
| registration after January 1st, 1898, if
otherwise qualified, shall be registered;
provided, that he can both read and
write auy section of this Constitution
submitted to him by the registration
officer, or can show that he owns and
i has paid ali taxes collectible during
the previous year on property in this
^5tftte assessed at $300 or more.
V(e) Managers of elections shall require
of every elector offering to vot9
at any election, before allowing him to
vote, proof of the payment of all
taxes, including poll tax, assessed
against him and collectible during the
previous year. The production of a
certificate or of the receipt of the
officer authorized to collect such taxes
shall be conclusive proof of the payment
thereof.
(I) The general assembly shall provide
for issuing to each duly registered
elector a certificate of registration and
shall provide for the renewal of such
certificate wlren lost, mutilated or
destroyed, if the applicant is still a
qualified elector under the provisions
of this Constitution, or if he has been
registered as provided in subsection
(c).
Sec. 5. Any person denied registration
shall have the right to appeal to
the court of common pleas or any
^ onil tfipnw to trio
J UU^C c?uv?. ?
supreme court, to determine his right
to vote uuder the limitation imposed
in this article, and on such appeal the
hearing shall bo de novo and the
general assembly shall provide by law
for such appeal and for the correction
of illegal and fradulent registration,
voting and all other crimes against the
election laws.
Sec. 6. The following persons are
disqualified from being registered or
voting:
First. Persons convicted of burglary,
arson, obtaining goods or money
untler false pretenses,perjury, forgery,
robbery, bribery, adultery, bigamy,
wife-beating, housebreaking, receiving
stolen goods, breach of trust with
fraudulent intent, fornication,sodomy,
incest, assault with intent to ravish,
miscegenation,, larceny or crimes
against the election laws; provided,
that the pardon of the governor shall
remove such disqualification.
Second. Persons who are idiots, insane,
paupers supported at the public
expense, and persons confined in any
public prison.
Sec. 7. For the purpose of voting,
no pei son shall be deemed to have
gained or lost a residence by reason of
his presence or absence while employed
in the service of the United States,
nor while engaged in the navigation
of the waters of this State, or of the
United States, or the high seas, nor
while a student of any institution of
learning.
Sec. 8. The general assembly shall
provide by law for the registration of
all qualified electors and shall prescribe
the manner of holding elections
and of ascertaining the results of the
same; provided, at the first registration
tlri* flnnstitntinn. and until
the 1st of January, 1898, the registration
snail be conducted by a board
of three disrceet persons in each
county, to be appointed by the governor,
by and with the advice and
j consent of the senate. For the first
registration to be provided for under
this Constitution, the registration
books shall be kept open for at least
six consecutive weeks, and thereafter
from time to time at least one week in
each month, up to 30 days next preceding
the first election to be held under
this Constitution. The registration
books shall be public records
j open to the inspection of any citizen
at all times.
Sec. 9. The general assembly shall
provide for the estaolishrnent of polling
precincts in the several counties
of the State and those now existing
shall so continue until abolished or
changed. Each elector shall be required
; to vote at his own precinct, but provision
shall be made for his transfer to
another precinct upon his change of
residence.
I Sec. 10. The general assembly shall
t provide by law for the regulation of
paity primary elections and punishing
fraud at the same.
I Sec. 11. The registration books shall
close at least 30 days before an elec;
tion, during which time transfers and
registration shall not be legal; pro|
ruled, persons who will become of age
| during that period shall be emitted to
*? 1* -ll
: registration ociore tnc 00010? are
j closed.
I Sec. 12. Electors in municipal elec'
tions shall possess the qualifications
| and be subject to the disqualifications
| herein prescribed. The production
| of a certificate of registration from the
| registration officers of the county as an
j elector at a precinct included in the
I incorporated city or town in which
; the voter desires to vote is declared a
I condition prerequisite to his obtaining
! a certificate of registration for muni|
cipal elections, and in addition he
: must have been a resident within the
I corporate limits at least four months
! before the election and have paid ail
I tuxes due and collectible lor the preceding
fiscal year. The general assembly
shall provide for the registration
of all voters before each election
J in municipalities; provided, tbnt noth.
ing herein contained shall apply to any
1 -1 "U.Tit: 1HHV he ludd
| iIilliiiO| 'ai ujj* 41
j p-ior *o the general election of the
j year 1
j I ee. 1'. In authorizing a special
i election in any incorporated city or
t
town in ibis State tor the purpose of
bonding the fame, the general assembly
shall prescribe as a condition precedent
to the holding of said election
; a petition from a majority of the free'
holders of said city or town as shown
! by its t-.:x books, and at such elections
j all electors of such city or town who
: are duly qualified for voting under sec;
tion 12 of this article, and who have
I paid all taxes. State, county a ml
! municipal, for the previous year, shall
j be allowed to vote, and the vote of a
j majority of those voting in said elecj
lions shall be necessary to authorize
i the issue of said bouds?
^ Sec. I t. Electors shall in all cases
| except treason, felony or breach of the
peace, be privileged from arrest on
the days of election during their attendance
at the polls and going and returning
therefrom.
See. 15. No power, civil or military,
shall at any time interfere to prevent
the free exercise of the right of suf|
fragc in this State.
ARTICLE Iir.
LEGISLATIVE DEPARTMENT.
Seetiou 1. The legislative power of
tiiis State shall be vested in two distinct
branches, the one to be styled the
"Senate." and the other the "House of
Representatives," and both together
the "General Assembly of the State of
South Carolina."
Sec. 2. The house of representatives
shall be composed of members chosen
by ballot every second year by citizens
of tliis State, qualified as in this Constitution
is provided,
i Sec. 3. The house of representatives
shall consist of 124 members, to be apportioned
among the several counties
according to the number of inhabitants
contained in each. Each county shall
constitute one election district. An
enumeration of the inhabitants for this
purpose shall be made in the year 1001,
and shall be made in the course of
every 10th year thereafter, in such manner
as shall be by law directed: Provided,
that the general assembly may
at any time, in its direction, adopt the
immediately preceding United States
census as a true and correct enumeration
of the inhabitants of the several
counties, and make the apportionment
of representatives among the several
counties according to said enumeration:
Provided, further, that until the apportionment
which shall be made upon the
next enumeration shall take effect, the
representation of the several counties as
they now exist (including the county
of Saluda established by ordinance)
ehall be as follows: Abbeville, 5;
Aiken, 3; Anderson, 5; Barnwell, 5;
Beaufort, 4; Berkeley, 4; Charleston.
9; Chester, 3; Chesterfield, 2; Clarendon,
3; Colleton, 4; Darlington, 3;
Ed^eSeld, 3; Fairfield, 3; Florence, 3;
Georgetown, 2; Greenville, 5; Hampton,
2; Horry, 2; Kershaw, 2; Lancaster,
2; Laurens, 3; Lexington, 2;
Marion, 3; Marlboro, 3; Newberry, 3;
Oconee, 2; Orangeburg, 5; Pickens, 2;
Bichland, 4; Saluda, 2; Spartanburg,
G; Sumter,5; Union,3; Williamsburg,
3; York, 4; Provided, further, that in
the erent other couuties are hereafter
established, theu the general assembly
shall reapportion the representatives
between the counties.
Sec. 4. In assigning representatives
j to the several counties, the general
i assembly shall allow one representative
to every one hundred and twenty-fourth
part of the whole number of inhabitants
in the State: Provided, that if
in the apportionment of representatives
any county shall appear not to be enI
titled, from its population, to a repreI
sentative, such county shall, never j
theless, send one representative; and
if there be still a deficiency in the
number of representatives required by
section third of this article, such de!
nciency shall be supplied by assigning
I representatives to those counties havj
ing the largest sulplus fractions.
Sec. 5. No apportionment of representatives
shall take effect until the
general election which shall succeed
such apportionment.
See. G. The senate shall Decomposed
of one member from each county, to
be elected for the term of four years
by the qualified electors in each county,
in the same manner in which members
of the house of representatives are
chosen.
Sec. 7. No person shall be eligible to
a seat in the senate or honse of representatives
wh > at the time of his election,
is not a duly qualified elector
under this Constitution in the county
in w hich he may be chosen. Senators
shall be at least 25 ami representatives
at least 21 years of age.
Sec. S. The first election for members
of the house of representatives
i under this Constitution shall be held
j on Tuesday afetr the first Monday in
| November, 1890,and eve-vse -o,id year
| thereafter, in such manm-;- uud in such
| j laces as the general ass-mbly may
| prescribe; and the first election for
j senators shall be held on Tuesday after
! the first Monday in November. 1890,
! and every fourth year there-alter ex|
cept in counties in which there was an
j election for senator in 1891 for a full
' term, in which counties no election for
j senator shull be held until the general
j election to be held in 1898 and every
j fonith year thereafter, except to fill
! vacancies. Senators shall be so classi!
lied that one-half of their number, as
j nearly as practicable, shall be chosen
I every two years. Whenever the gen!
eral assembly shall establish more than
! one county at any session, it shall so
? ? il. - i. i. - C 4..
present me nr.si ieriu ui luc m-ihuui.i
! from such counties as to observe such
i classification.
Sec. 9. The annual session of the
general assembly heretofore elected,
: fixed by the Constitution of the year
i iSoS to convene on the fourth 'i'uesj
day of November, in the year, l-S'.lb, is
hereby postponed, and the same shall
he convened and held in the city of
Columbia on the second Tuesday in
January, in the year 1S?J6. The first
. i session of the general assembly elected
! under this constitution shall convene
in Columbia on the second Tuesday in
January, in the year 1897, and thereafter
annually at the same time and
place. Should the casualties of war
l or contagious diseases render it unsafe
to meet at the seat of government then
the governor may by proclamation appoint
a more secure and convenient
place of meeting. Members of the
! general assembly shall not receive any
| compensation for more than forty days
j of any one session: Provided, that
this limitation shall not ali'eet the lirst
four sessions of the general assembly
under this constitution.
Sec. 10. The terms of office of the
senators and representatives chosen at
a general election shall begin on the
Monday following such election.
Sec. 11. Each house shall judge of
the election returns and qualifications
e -X 1 1 j c
(>[ us own memoers, nun ? mujurn y m
each house shall constitute a quorum to
do business; but a smaller number may
adjourn from day to day, and may
compel the attendance of absent members,
in such manner and under such
penalties as may be provided by law
or rule.
See. 12. Each house shall choose its
own officers, determine its rules of
procedure, punish its members for disorderly
behavior, and, with the concurrence
of two-thirds, expel a mem
ber, but not a second time for the same
cause.
Sec. 13. Each house may punish by
imprisonment during its sitting any
person not a member who shall be
guilty of disrespect to the house by
any disorderly contemptuous behavior
in its presence, or who, during the
time of its sitting, shall threaten harm
to the body or estate of any member
for anything said or done in cither
house, or who shall assault them therefor
or who shall assault or arrest any
witness or other person ordered to attaud
the house in his going thereto or
returning therefrom, or who shall rescue
any person arrested by order of
the house: Provided, that such time
of imprisonment shall not in any caseextend
beyond the session of the general
assembly.
Sec. 1-1. The members of both
houses shall be protected in their persons
and estates during their attendance
ou, going to and returning from
the general assembly, and 10 days previous
to the sitting and 10 days after
the adjournment thereof. But these
privileges shail not protect any mem
ber who shall be charged with treason,
felony or breach of the peace.
Sec. 15. Bills for raising revenue
shall originate in the house of representatives,
but may be altered, amended
or rejected by the senate; all other
bills may originate in either house,
and may be amended, altered or rejected
by the other.
Sec. 1(5. The style of all laws 6hall
be: "Be it enacted by the general assembly
of the State of South Carolina,"
Sec. 17. Every act or resolution
having the force of law shall relate to
but one subject, and that shall bo expressed
in the title.
Sec. 18. No bill or joint resolution
shall have the force of law until it shall
have been read three times and on
three several days in each house, has
had the great seal of the State affixed
to it, and has been signed by the presdjnt
of the senate and the speaker of
the house of representatives: Provided,
that either branch of the general
assembly may provide by rule for a
lirst and third reading of any bill or
joint resolution by its title only.
Sec. 19. Each member of the general
assembly .shall receive five cents for
every mile for the ordinary route of
travel in going to und returning from
the place where its sessions are held;
no general assembly shall have the
power to increase the per diem of its
own members; and members of the
general assembly when convened in
extra session shall receive the same
compensation as is fixed by law for the
regular session.
Sec. 29. In all elections by the general
assembly, or either house thereof,
the members shall vote "viva voce,"
and their votes, thus given, shall be
entered upon the journal of the house
to which they respectively belong.
Sec. 21. Neither house, during the
session of the general assembly, shall,
without consent of the other, adjourn
for more than three days, nor to any
other place than that in which it Khali
be at the time sitting.
Sec. 22. Each house shall keep a
journal of its own proceedings, and
cause the same to be published immediately
after its adjournment, excepting
such parts as, iu its judgment,
may require secrecy; and the yeas
and nays of the members of either
house, on any question, shall, at the
desire of ten members of the house or
live members of the senate, respective:
ly. be entered on the journal. Any
! member of either house shall have
1 liberty to dissent from and protest
j against any act <>r resolution which he
! may think injurious to the public or to
an individual, and have the reasons of
| his dissent entered on the journal.
Sec. 23. The doors of each house
i sliall lie open, except on snchoccasions
! us in the opinion of the house may rej
quire secrecy.
Sec. 21. No person shall be eiigigle
to a seat in the general assembly
while he holds any office or position of
111 40U ULUtVi UUV
United States of America, o:: any of
them, or under any other power, ex!
cept officers in the militia and notaries
! public; ur;d if any member shall accept
or exercise any of the said disqualifying
offices or positions he shall vacate
his scut.
Sec. 2.1. If any election district
! shall neglect to choose a me mber 01
members on the day of election, or if
any person chosen a member of <ither
house shall refuse to qualify and take
his seat, or shall resign, die, depart
the State, accept any disqualifying office
or position, or become otherwise
j disqualified to hold his sent, a writ oi
j election shall be issued by the president
of the senate or speaker of the
Louse of representatives, as the case
may be, for the purpose of filling the
vacancy thereby occasioned for the re-'
maindcr of the term for which the person
so refusing to qualify, resigning,
dying, departing the State, or becoming
disqualified, v.-as elected to serve,
or the defaulting election district
j ought 1?> have chosen a member or
I members
{ c. aiomoers 01 lue general
j aw.embly. and all officers, before they,
eater upon the duties of their respective
cffiees, and all members of the bar,*
before they outer upon the practice of
their profession, shall take and subscribe
the following oath: "I do solemnly
swear (or affirm) that I iyn duly
qualified, according to the Constitution
of this State, to exercise the duj
tics of the office to which I have been
! elected, (or a,/pointed) and that I will,
to the best of my ability, dischargo
the duties thereof, and preserve, pro-'
tect and defend the Constitution of
this State and of the United States. I
do further solemnly swear (or affirm)'
that 1 have not since the first day of'
j Jrnuary, in the year eighteen hundred
! and eighty-one, engaged in a duel as
j priucipal or second or otherwise; and
j that I will not, during the term of office
to which I have beeD elecied(or appointed)
engage in a duel as principal or second
or otherwise so help me God."
The 27. Officers shall be removed
for incapacity, misconduct or neglect
of duty, in such manner at; may be
provided by Jaw, when no mode of
trial or removal is provided in this
Constitution. ;
Sec. 28. The general assembly shall
enact such laws ao will exempt from at-:
tachraeut, levy and sale under any.
mesne or final process issued from any:
court, to the head of the family residing
in this State, a homestead in lauds,;
whether held in fee or any lesser estate,
to the value of 31,000, orso much
thereof as the property is worth if its
| value i3 less than 31,000, with the'
j yearly products thereof, and to everyj
i head of a family residing in this State,
whether entitled to a homestead exemption
in lands or not, personal property
to the value of $300, or so much
thereof as the property is worth if its
value is less than 3300. The title to the
homestead to be set off and assigned
shall be absolute and be forever discharged
from all debts of the said
debtor then existing or thereafter contracted
except as hereinafter provided:
Provided, That in case any woman
having a separate estate shall be married
to the head of a family who has
not of his own sufficient property to
constitute a homestead as hereinbefore
provided, said married woman shall bo
entitled to a like exemption as provided
for the head of the family: Provided,
further, That there shall not be
an allowance of more than 31.000
worth of real estate and more than $300
worth of personal property to the husband
and wife jointly: Provided, further,
That no property shall be exempt
from attachment, levy or sale for taxes,
or for payment of obligations contracted
for the purchase of said homestead
or personal property exemption or the
ereetion or making of improvements
or repairs thereon: Provided, further.
That the yearly products of said homestead
shall not be exempt from attach
ment, levy or sole for the payment of
obligations contracted in the production
of the same: Provided, further,
That no waiver shall defeat the right
of homestead before assignment except
it be by deed of conveyance, or by
mortgage, and only as against the
mortgage debt; and no judgment credi
itor or other creditor whose lien does
not bind the homestead shall have any
; right or equity to require that
I a lien which embraces the homei
stead and other property shall first
i exhaust the homestead: Provided,
. further, That after a homestead in
i lands has been set off and recorded
i the same shall not be waived by deed
of conveyance, mortgage or otherwise,
unless the same be executed by both
hnsoauti and wife, if both be living:
Provided, further, That any person
! not the head of a family shall be en!
titled to a like exemption as provided
for the head of a family in all necessary
wearing apparel and tools and implements
of trade, not to exceed in
value the sum of $309.
See. 20. All taxes upon property;
real and personal, shall be laid upon
the actual v;due of the property taxed
. as the 6ame ehall be ascertained by an
. assessment made for the purpose of
laying such tax.
Sec. 30. The general assembly shall
never grant extra compensation, fee or
i allowance to any public oflicer, agent,
servant or contractor after service renr,r
f>ont,r/iefc made, nor author
ize payment or part payment of any
claim under any contract not authorized
by law; but appropriations may
bo made for expenditures in repelling
invasion, preventing or suppressing
: sarrection.
Sec. 31. Lands belonging to or under
the control of the State sbali never
j be donated, directly or indirectly, to
j private corporations or individuals, or
, to railroad companies. Nor shall such
land be sold to corporations, or associations,
for a io*s price than that
for which it can be sold to individuals.
This, however, shall not prevent the
general assembly from granting a right
: of way, not exceeding 150 feet in.
in width, as a mere easement to railroads
across State lands, nor to iuteri
fere with the discretion of the general
i assembly in confirming the title to
lands claimed to belong to the State,
j but used or possessed ny oiuer parue*
i under an adverse claim.
;| Sec. 32. The general assembly shall
' i not authorize payment to unv person
| of the salary of a deceased ollicer be']yond
the date of his death; nor grant
1 pensions except for military nod nav.u
j service; r.or retire any ollicer on pay
j or part pay.
s See. o'd. The marriage of a v.lure
: person with a negro or mulatto, or
person who shall have one-eighth < :
s more negro blood, shall bo unlawful