Historical Newspapers of South Carolina

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JWIf Wi.l I . and void. No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of 14 years. Sec. 34. The general asssmbly of this State shall not enact local or spe, cial laws concerning any of the following subjects or for aDy of the following purposes, to-wit: I. To change the names of persons ?r places. II. To lay out, open, alter or work roads or highways. III. To incorporate cities, towns or villages, or change, amend or extend the charter thereof. IV. To incorporate educational, re ligious, charitable, social, manuiacxuring or banking institutions not under the control of the State, or amend or extend the charters thereof. V. To incorporate school districts. VI. To authorize the adoption or legitimation of children. VII. To provide for the protection of game. VIII. To summon and empanel grand or petit juries. IX. To provido for the age at which citizens shall be subject to road or other public duty. X. To fix the amount or manner of compensation to be paid to any county officer, except that the laws may be so made as to grade the compensation in proportion to the population and ... necessary service required. XI. In all other cases, where a general law can be made applicable, no special law shall be enacted. XII. The general assembly shall forthwith enact general laws concerning said subjects for said purposes, which shall be uniform in their operations: Provided, That nothing contained in this, section shall prohibit the general assembly from enacting special provisions in general laws. XIII. The pro.visions of this section shall not apply to charitable and educational corporations where, under the terms of a gift, devise or will, special incorporation may be required. 1 Sec. 35. It shall bo the duty of the general assembly to enact Jaws limiting the number of acre3 of land which any alien or any corporation controlled by aliens may own within this Slate. ARTICLE IV. EXECUTIVE DEPARTMENT. Section 1. The supreme executive authority of this State shall be vested in a chief magistrate, who shall be styled 4 The governor of the State of South Carolina." Sec. 2. The governor shall be elected by the electors duly qualified to vote for members of the house of representatives, and shall hold his office for two years, and until his successor shall be chosen and qualified, and shall be reeligible. He shall bo elected at the I first general election held under this fVmetif.ntinn fnr mpmhprs nf tho eren- I eral assembly, and at each general election thereafter, and shall bo installed during the first session of the said general assembly aiter hi3 election, on such day as shall be provided by law. The other State officers-elect shall at the same time enter upon the performance of their duties. Sec. 3. No person shall be eligible to the office of governor who deniesthe existence of the Supreme Being; or who at the time of such election has not attained the age of 30 years; and who shall not have been a citizen of the "United States and a citizen and resident of this State for five years next preceding the day of election. No person while governor shall hold any office or other commission (except in the militia) under the authority of this State, or of any other power, at cue and the same time. See. 4. The returns of every election for governor shall be sealed up by the boards of canvassers in the respective counties and transmitted by mail to the seat of government, directed to the secretary of state who shall deliver them to the speaker of the house of representatives at the next ensuing session of the general assembly; and duplicates of said returns shall be filed with the clerks 01 the court of said counties. It shall be the duty of any clerk of court to forward to the 'secretary of state a certified copy of said returns upon being notified that the returns previously forwarded by mail have not been received at his office. It shall be the duty of the secretary of state, after the expiration of seven days from the day upon which the votes have been canvassed by the connty board if the returns thereof from any county have not been received, to notify the clerk of court of said county, and order a copy of the returns tiled in his office to be forwarded forthwith. The secretary of state shall deliver the j returns to the speaker of the house of' representatives, at the next ensuing session of the general assembly; and during the first week of the session, or j as soon as the general assembly shall have organized by the election of the presiding officers of the two houses, the speaker shall open and publish them in the presence of both houses. The person having the highest number of votes shall be governor; but if two or more shall be equal, and highest in votes, the general assembly shall during the same session, in the house of representatives, choose one of them governor, viva voce. Contested elections for governor shall be determined by the ; general assembly in such mauner as ; shall be prescribed by law. Sec. 5. A lieutenant governor shall be chosen at the same time, in the same j manner, continue iu office for the same period and be po.-s. ssedof the.same qualifications as the governor, and shall, ex-officio, be president of the senate. See. C\ The lieutenant governor while presiding iu the senate shall have ' 110 vote unless ihe Senate be equally divided. Sec. 7. The senate shall as poon as j practicable after the eouvening of the j general assembly, choose a president1 pro tempore to act in the absence o! the lieutenant governor, or -when he shall fill the office of governor. Sec. 8. A member of the senate act ing as governor or lieutenant governor shall thereupon vacate his scat and another person shall bb elected in hit ; stead. j Sec. 9. In case of the removal of the governor from office by impeachment, death, resignation, disqualification, disability, or removal from the State, the lieutenant governor shall then be governor; and in case of the removal of the last named officer from his office by impeachment, death, resignation, disqualification, disability, or removal from the State, the president pro temr '1 - 1 - 11 ! > '> ' pore 01 To? senate sumi yu?ciuw, and the last named officer shall then forthwith, by proclamation, convene the senate in order that a president pro tempore may be chosen. In case the governor be impeached, the lieutenant governor shall act in his stead and have his powers until judgment in the case shall have been pronounced. In case of the temporary disability of the governor the lient nant goveruor shall perform the duties of the governor. Sec. 10. The governor shall be commander-in-chief of the militia of the State, except when *thev shall be called into the active service of the United States. Sec. 11. He shall have power to grant reprieves, commutations and {.ardons after conviction (except in cases of impeachment,) in such manner, on such terms and under such restrictions as he shall think proper; and no shall have power to remit fines and forfeitures, unless otherwise directed by law. It shall be his duty to report to the general assembly, at the next regular session thereafter, all pardons granted by him, with the report of the board of pardons. Every petition r ior puruuu ur cummuutuuu ui oiuituiv may be first referred by him to a board of pardons, to be provided by the general assembly, which board shall hear all such petitions under such rules and regulations as the general assembly may provide. The governor may adopt the recommendations of said board but in case he docs not he shall submit his reasons to the general assembly. Sec. 12. Ho shall take care that the laws be faithfully executed in mercy. Sec. 13. The governor and lieutenant governor shall, at stated times, receive for their services compensation, which shall he neither increased nor diminished during the period for which they shall have been elected. Sec. 14. All officers in the executive department, and all boards of public institutions, shall, when required by the governor, give him information in writing uj)on any subject relating to the duties of their respective offices or the concerns of their respective offices or the concerns of the respective institutions, including itemized accounts of receipts and disbursements. See. 15. The governor shall, from time to time, give to the general assembly information of the condition [ of the State, and recommend for its i * -I "U .. ..1?11 consideration SUCH measures a.6 iic cjuuji deem necessary or expedient. Sec. 16. He may on extraordinary occasions convene the general assembly in extra session. Should either house remain without a quorum for hve days, or in case of disagreement | between the two houses during auy session with respect to the time of adjournment, he may adjourn "them to such time as he shall thick proper, not beyond the time of the annual session then next ensuing. Sec. 17. He shall commission all officers of the State. Sec. 13. The seal of the State now in use shall be used by the governor I officially, and shall be called "the great seal of the State of South Carolina." Sec. 19. All grants and commissions shall be issued in the name and by the authority of the State of South Carolina, sealed with the great seal, signed by the governor and countersigned by the secretary of State. Sec. 20. The governor and lieutenant governor, before entering upon the duties of their respective offices, shall take and subscribe the oath of office as prescribed in article 3, section Zb, oi me oousuiuiiuu. See. 21. The governor shall reside at the capital of the State, except in cases of contagion or the emergencies o? war; but during the sittings of the of the general assembly he shall reside where its sessions are held. Sec. 22. Whenever it shall be brought to the notice of the governor by affidavit that any officer who has the custody of public or trust funds, is probably guilty of embezzlement or the appropriation of public or trust funds to private use, then the governor shall direct his immediate prosecution by the proper officer and upon true bill found the governor shall suspend such officer and appoint one in his stead, until he shall have been acquitted by the verdict of a jury. In ease of conviction, the office shall be declared vacant and the vacancy tilled as may be provided by law. Sec. 23. Every bill or jcint reso i lution which sha;i have passed thegenI ersl assembly, except on a question of I adjournment, shall, before it becomes ! a law, be presented to the governor, and it lie approve he sha'l sign it; if | not, he shall return it with his objecj tions, to the house in which it origiua! ted, which shall enter the objections j at large on its journal and proceed to reconsider it. It alter such reconsideration two-thirds ol that house shall agree to pass it, it shall be sent, together with the objections, to the othj er house, by which it shall be recoaj sidered, and if approved by two-thirds ' of that house it shall have the same effect as if it had been signed by the i governor; but in all such cases the vet j of both houses shall be taken by I ' yeas and nays, and the names of the ) persons -voting for and against the bill or joint resolution shall be entered on - the jonrnals of both houses respect ively. Bills appropriating money out of the treasury shall specify the obi ject and purposes for -\vliieli the same are made aud appropriate to them rei speetively their several amounts in , distinct items and sections. If the , governor shall not approve any one or j more of the -items or sections contain; ed in any bill, but shall approve the [ residue thereof, it shall oecome n j > law as to the residue in like manner as if he had signed it. [ The governor shall then return the bill with his objections to the items or 1 ; sections of the same not approved byt l him to the house in which the bill i originated, which house shall enter the i objections at large upon its journal ! and proceed to reconsider so much of ; said bill as is not approved by the governor. The same proceedings shall be ! had in both houses in reconsidering the same as is provided in case of au : entire bill returned by the governor with his objections; and if any item or section of said bill not approved bv the governor shall he passed by twotbirds of the two houses of the general assembly, it shall become a part of said law notwithstanding the objections of the governor. If a bill or joint resolution shall not be returned by the governor within three days after it shall have been presented to him, Sunday's excepted, it shall have the same force and affect as if he had signed it unless the general assembly, by adjournment, prevent its return, in which case it shall have such force and effect uuJess returned witnin too uays after the next meeting. Sec. 24. There shall he elected by the qualified voters of the State a secretary of state, a comptroller-general, an attorney-general, a treasurer, an jutant and inspector-general, and a superintendent of education, who shall hold their respective offices for the term of two rears, and until their several successors havo been chosen u^d qualified; and whose duties and compensations shall be prescribed by law. The compensation of such officers shall be neither increased nor diminished during the period for which they shall have been elected. ARTICLE V. JUDICIAL DEPARTMENT. Sec. 1. The judicial power of this State shall be vested in a supreme court, in two circuit courts, to wit: A court of Common pleas having civil jurisdiction and a court of general sessions with ?irainal jurisdiction only. The general assembly may also establish county courts, municipal courts or such courts in any and all of the counties of this State inferior to circuit courts as may be deemed necessary, but none of such courts 6hall ever be invested with jurisdiction to try cases of murder, manslaughter, rape or attempt to rape, arson, common law burglary, bribery or perjury: Provided, Before a county court shall be established in any county it must be suomitted to the qualified electors and ,1 ~ 4-V?ncn rnfiurr I it IIU It ill Uj KJl 1 VJ VIA l UVJOU ivuu^ ..u? . vote for its establishment. Sec. 2. The supreme court shall consist of a chief justice and three associate justices, any three of whom shall constitute a quorum for the transaction of business. The chief justice shall preside, and in his absence the senior associate justice. They shall be elected by a joint viva voce vote of the general assembly for the term of eight years, and shall continue in office until their successors shail be elected and qualified, and shall be so classified that one of them shall go out of office every two years. Sec. 3. The present chief justice and associate justices of the supreme court are declared to be the chief justice and two of the associate justices of said > court as herein established until the terms for which they were elected shall expire, and the general assembly at its next session shall elect the third associate justice and make suitable provision for accomplishing the classification above directed.^ , Sec. 4. Tne supreme court shall have power to issue writs or orders of injunction, mandamus, quo warranto, I prohibition, certiorari, habeas corpus and other original and remedial writs. And said court shall have appellate jurisdiction only in cases of chancery and in such appeals they shall review the findings of fact as well as the law, ex cept in chancery cases where the facts are settled by a jury and the verdict not set aside and shall constitute a court for the correction of errors at law under such regulations as the general assembly may by law prescribe. Sec. 5. The supremo court shall be held at least twice in each year at the seat oi' government and at such other J place or places iu the State as the gen-1 era! assembly may direct. Sec. G. No judge shall preside at the trial of any cause in the event of which he may be interested, or when either of the parties shall be connected with him by alhniiy or consanguinity with in such degrees as m iy be prescribed by law, or iu which he may have been counsel or have presided in any inferior court. Iu case all or any of the justices o. the supreme court shall be thus disqualified, or be otherwise pre| vented from presiding in auv cause or I causes, the court or tue justices thereof shall certify the same to the governor of the State, and he shall immediately commission, specially, the requisite number of men learned in the li c xi ? x..:..l .,..,1 /l.^a^minufinn j law ior tut* tn?xi uvitii.iiucvviv/u i J thereof. The same course 'shall be j j pursued in the circuit and inferior j courts as is prescribed in this section ! | tor eases of tire supreme court. The j j general assembly shall provide by law ; lor the temporary appointment of men j I learned in the law to hold cither spe- j j cial or regular terms of the circuit; j courts vhc ;ever there may be ileces- { , sity for such appointment. 1 Sec. 7. There shali be appointed by the jnstices of the supreme court a reporter and clerk of said court, who shall hold their offices for four years and whose duties and compensation shall be prescribed by law. Sec. 8. When a judgment or decree is reversed or affirmed by the supremo court, every point made and distinctlystated in the cause and fairly arising upon the record of the case shall be considered and decided and the reason thereof shall he concisely and brietly stated in writing and preserved with the record of the case. Sec. 9. The justices of the supreme court and judges of the circuit court shall each receive compensation for their services to be fixed by law, which ~U-tl I.in/t./inc.'orl r\y / liminicbpd o Li ill I liUb UU IjJL^I v/a during their continuance in office. They shall not be allowed any fees or perquisites of office, nor shall they hold any other office of trust or profit under this State, the United States or any other power. Sec. 10. No person shall be eligible to the office of chief justice, associate justice, or judge of the circuit court who is not at the time of his election a citizen of the United States and of this State and has not attained the age of 26 years, has not been a licensed attorney at law for at least five years and been a resident of this State for five years next preceding his election. Sec. 11. All vacancies in the supreme court or inferior tribunals shall be filled by elections as herein prescribed; provided, that if the unexpired term does not exceed one yeai? such vacancy may be filled by executive appointment. All judges, by virtue of their office, shall bo conservators of the peace throughout the State, and when a vacancy is filled by either appointment or election, the incumbent bhall hold only for the unexpired term of his predecessor. Sea. 12. In all cuses decided by the supreme court the concurcrnce of three of the justices shall be necessary for a reversal of the judgment below, but if the /our justices equally divide in opinion the judgment below shall be affirmed, subject to the provisions hereinafter prescribed. Whenever, upon the hearing of any cause or question before the supreme court, in the exercise of its original or appellate jurisdiction, it shall appear to the justices thereof or uuy two of them, that there is involved a question of. constitutional law, or conflict between' the Constitution and laws of this State: and 01 the Tnited States, or between1 the duties and obligatations of her citizens under the same, upon the deter ruination of which the entire court is not agreed; or whenever the justicesof, said court, or any two of them desire; it on any cause or question so before; said court, the chief justice, only in! his absence the presiding associate jus-, lice, shall call to the assistance of the; supreme court all of the judges of the! circuit court; provided, however, that when the matter to be submitted is in-, volved in an appeal from the circuit; court, the circuit judge who tried the1 case shall not sit. A majority of the justices of the supreme court and circuit judges shall constitute a quorum. The decision of the court so constituted, or a majority of the justices and judges sitting, shall be final and conclusive. In such casethe chief justice, or in his absence the presiding assoei ate justice, shall preside. Whenever the justices of the supreme court and tho circuit judges meet together for the purposes aforesaid, if the number then of qualified to sit constitute an even number, then one of the circuit jndges must retire; and the circuit judges present shall determine by lot which of their number shall retire. Sec. 13. The State shall be diveded into as many judicial circuits as the general assembly may prescribe, and for each circuit a judge shall be elected by joint viva voce vote of the general assembly, who shall hold his office for a term of four years; and at the time of his election he shall be an elector of a connty of, and during his continuance in office he shall reside in, the circuit of which he is judge. The present judges of the circuit courts shall continue in office until the expiration of the terms for which they were elected, and, should a new division of the judicial circuits be made shall be the judges of the lespective circuits in which they shall reside after said division. Sec. 14. Judges of the circuit courts shall interchange circuits with each other and the general assembly shall provide therefor. Sec. 15. The courts of common pleas shall have original jurisdiction, subject to appeal to the supreme court, to issue writs or orders ot injunction, mandamus, habeas corpus, and such other writs as may be necessary to carry their powers into full effect. They shall have jurisdiction in all civil cases. They shall have appellate jurisdiction in all cases within the jurisdiction of inferior courts, except from such inferior courts from which the general assembly shull provide an appeal directly to the supreme court. Sec. 1G. The court of common pleas shull sit in each county in this State at least twice in every year at such stated times and places us may be appointed by law. Sec. 17. It shall be the duty of the justices of the supreme court to file their decisions within GO days from the last day of the court at which the cases were heard; and the duty of the judges of the circuit courts to tile their decisions within GO days from the rising of the last court of ihe circuit then being held. Sec. 18. The court ot general sessions shall have jurisdiction in all criminal cases except those cases in which exclusive jurisdiction shall bo given to interior courts, and in these it shall have appellate jurisdiction. It shall also have concurrent jurisdiction with, as well as appellate jurisdiction from, the inferior courts in all cases of riot, assault and battery, and larceny. It shall sit in each county in the State at ; least twice in each year at such stated g times and places as the general as- 6 sembly may direct. a Sec. 19. The court of probate shall! n remain as now established in the! c county of Charleston. In nil other; j counties of the State the jurisdiction in j c ; all matters testamentary and of admin- c j istrntion, in business appertaining to j a minors and the allotment of dower, in a cases of idiocy and lunacy, and persons r non compos mentis, shall be vested us t the general aesembly may provide, and f until such provision such jurisdiction a shall remain in the court of probate as a now established. v Sec. 20. A sufficient number of mug istrates shall be appointed and commis- s sioned by the governor, by and with c the advice and consent of the Senate, S for each connty, who shall hold their t ollices for the term of two years and v until their successors are appointed and d qualified. Each magistrate shall have j the power, under such regulations as may now or hereafter be provided by p law, to appoint one or more constables t to execute writs and processes issued by c him. The present trial justices are declared magistrates as herein created, c and shall exercise the powers and duties c of said office of magistrate until their tl successors shall be appointed and quali- t: fied. Each magistrate shall receive a I salary, to be fixed by the general as- t semhjy, m lieu of all fees in criminal cases. i: See. 21. Magistrates shall have t jurisdiction in such civil cases as the s general assembly may prescribe; pro- a : vided, such jurisdiction shall not ex-I tend to cases where the value of property in controversy, or the amount claimed, exceeds SI00, or to cases where the title boreal estate is in ques- s tion, or to cases in chancery. They p shall have exclusive jurisdiction in ^ such criminal cases as the general as- t seinbly may prescride; provided, farther, such jurisdiction shall not extend g I nacoc tcVipta the rHinishment exceeds i a fine of $100 or imprisonment for 30 c } days. In criminal matters beyond jj their jurisdiction to try, they shall sit p as examining courts and commit, dis- t charge or (except in capital cases) re- ^ cognize persons charged with such of- 0 fences, subject to such regulations as g the general assembly may provide, f, They shall also have the power to bind a over to keep the peace and for good u behavior for a time not to exceed 12 c months. v Bee. 22. All persons charged with s an offence shall have the right to de- 0 mandand obtain a trial by jury. The ^ jury in cases civil or criminal in all & municipal courts aud courts inferior to a circuit courts, shall consist of six. The ? grand jury of each county shall consist -j of 18 members, 12 of whom must agree , in a matter before it can be submitted c to the court. The petit jury of the circuit courts jj shall consist of 12 men, all of whom j must agree to a verdict in order to render the same. jj Each juror must be a qualified clec- ttor under the provisions of this Constitution, between the ages of 21 and ^ 65 years, and of good moral character. $1 Sec. 23. Every civil action cogni- tt zable by magistrates shall be brought n before a magistrate in the countv where c the defendent resides, and every u criminal action in the county where v the offence was committed. In all cases ^ tried by them, the right of appeal a shall be secured under such rules and ^ regulations as may be provided by law; o provided, that in counties where mag- g istrates have separate and exclusive c territorial jurisdiction, criminal causes n shall be tried in the magistrate's dis- ^ trict where the offence was committed, a subject to such provision for change of p venue from one magisirate's district to p another in the same county as may be e provided by the general assembly. tj Sec. 24. All officers other than those Q named in section 0 provided for in this ^ article shall receive for their services r compensation as the general assembly ^ may from time to time by law direct. 0 Sec. 25. Each of the justices of the jj supreme court and judges of the cir- ^ cuit court shall have the same power at u chambers to issue writs of habeas cor- ^ pus, mandamus, quo warranto, certi- B, orari, prohibition and interlocutory c writs or orders of injunction as when u in open court. The judges of the cir- t cuit courts shall have such powers at j, chambers as the general assembly may j, provide. a Sec. 2G. Judges shall not charge c juries in respect to matters of fact, but p shall declare the law. p Sec. 27. There shall be elected in f each county, by the electors thereof, jj one clerk for the court of common 0 pleas, who shall hold his office for the c term of four years, and until his sue- d cessor shall be elected and '^qualified. j. He shall, by virtue of his office, be e cierk of all other courts or records ~ held therein, but the general assembly e may provide by law for the election of a clerk, with a like term of office, for each or any other of the couats of re- Cl cord, and may authorize the judge of u +/-? ni.rfnrm dllties I lUT plU?7U I.U VV?< & V IV jp/v-A A of clerk for his court under 6uck reg- II illations as the general assembly may 0 direct. Clerks of courts shall be re- a; movable for such cause and in such jt manner as shall be prescribed by law. ,j Sec. 28. There shall be an attorney u general for the State, who shall per- fj form such duties as may be prescribed n by law. He shall be elected by the a; qualified electors of the State for the e] cerm of two years and shall receive for I 0 his services such compensation as shall be fixed by law. aj Sec. 2'J. There sh;dl be one solicitor for each circuit, who shall reside there- vv in, to he elected by the qualified elec- S? iors of the circuit, who shall hold his c( office for the term of four years, aud ^ nail receive lor his services such com- m e sation as shall be fixed by law. tj . u all eases wh^n an attorney for the t( I of auy circuit fails to attend and rosecuto according to law, the court g [ shall have power to appoint an attor- p( j n*y pro tempore. In the event o; the a] establishment of county courts the ^ eneral assembly may provide for 9 ivlicitor for each county in the place?!? ud instead of the circuit solicitor, nndM|Si lay }jrescribe his powers, duties and?|i| ompensation. ^Bl|| Sec. 30. The qualified electors oOffiaffl acli county shall elect a sheriff unc?!? oroner, for the term of four years??! ud until their successors are electcd^Hg| ud qualified; they shall reside in their l||i espective counties during their con- Mm inuunce in ofiice, and be disqualified ?jj?j or the office a second time if it should ^R? .ppear that they, or either of them, ^H|| re in default for moneys collected by^Bwi irtuc of their respective offices. JKlf nee. 6l. All writs and processes^HBj hall run and all prosecutions shall beHR| onducted in the name of the State oi9H >outh Caroliua; all -writs shall be at-VR| ested by the clerk of the court from i-hich they shall be issued; and all in-Rg|! [ictments shall conclude "against the^Mgg| >eace and dignity of the State." JoSS Sec. 32. The general assembly sbaS||reS >rovide by law for the speedy publie^BfflS|9 ion of the decisions of the 8upreaiM|||3 ourt made under this Constituticn. HPsgg Sec. 33. Circuit courts and i.wp^aE ourts inferior thereto and mnniciptMBgil ourts shall have the power, in tiiei^HH liscretion, to impose sentence of labor tpon highways, streets and other pub- Hpj ic works upon persons by them sea- fl|?3 enced to imprisonmdnt. |||? Sec. 34. All matters, civil and crim- V|tj nal, now pending within the jurisdic- HR ion of any of the courts, ol this State hall continue therein until disposed of Bjl ccording to law. ARTICLE VI. |8| JURISPRUDENCE. J|jja Section 1. The general assembly/^^B hall pass laws allowing differences to >e decided by arbitrators, to be ap- . lomieu uy tue parties vuu may uuoose hat mode of adjustment. Sec. 2. It shall be the duty of the ;enernl assembly to pass laws for tie m bange of venue in all cases, civil and I riminal, over which the circuit couita. If ave original jurisdiction, upon a 8 proper showing, supported by affidadt,. 8 hat a fair and impartial trial cauiot i e had in the county where such acton. 8 r prosecution was commenced, 8 date shall have the same right tomwo *. 8 or a change of venue that a defeid- 'f 8 ut has for such offences as the geneal j 8 ssembly may prescribe. Unie&a a 8 haDge ox venue be had under thepD- 8 isions of this article the defendutt j I hall be tried in the county where te m ffencc was committed: Provide1, 1 fl owever, That no chaDge of vea? . 8 hall be granted in criminal cases un'l B Iter a true bill has been found by tb || rand jury: And provided, further .'hat if a change be ordered it sljall b 8 o a county in the same judicial ci Sec. 3. Justice shall be administeret ^ fl a a uniform mode of pleading withou Js istinction between law and equity. jg Sec. 4. Every statute shall be a pul 11 ,c law, unless otherwise declared in th Jj| tatute itself. fl Sec. 5. The general assembly, a fl is first session after the adoption o; 19 bis Constitution, shall provide for the 8 ppointment or election of a com- a ussioner, wnose amy 11 snan uc w a ollect and revise all the general stat- i| ,te law of this State then of force as jgj rell as that which shall be passed from fl ime to time, and to properly index H nd arrange the said statutes when so assed. And the said corumissicner^^^B hall reduce into a systematic code the I eneral statutes, including the code of I ivil procedure, with all the amend- ? tents thereto, and shall, on the first, H ay of the session for the year 1901 nd at the end of every subsequent eriod of not more than 10 years, re- |1I ort the result of his labors to the gen- W ral assembly, with such recommenda- w ions and suggestions as to the abridgelent and amendments as may be .Hj cemed necessary or proper. Said He eport, when ready to be made, shall H e printed and a copy thereof laid upn the de.-k of each member of both 9 ousts of the general assembly on theW H rst uay of the first session, bnt shall H ot be taken up for consideration un- <H il the next session of said general as- la embly. The said' code shall be de- IB lared by the general assembly, in an 9 ct passed according to the forms in 1| bis Constitution for the enactment of H iws, to be the only general statutory Bj nf tVi<? Stafp: but no alterations or dditions to any of the laws therein H ontaiued shall be made except by bill 11 assert under the formalities hereto- 9 jre prescribed passage of laws. l9 'revision shall be made by law for til- II rt dating th . t rrns oiL II tSce and compensation said* ommissioner, not exceeding $oO(T per Vjl and imposing such other du- 9 :(s as may be desired. And the gen-. 9 ral as.-embly shall by committee in- 9 nire into the progress of his work at ' 9 ach session. 9 Sec. 6. In the case of any prisoner || iwfally in the charge, custoday or Wk mtrol of officer, State, county or |9 mnicipal, ?ing seized and taken from tid officer through his negligence,|per- Wi lissiou or connivance, by a mob"' or ther unlawful assemblage of persons, S nd at their hands suffering bodily vio- 9 nice or death, the said officer shall be 9 c-emed guilty of a misdemeanor, and,' H pon true bill found, shall be depmsed om his office pending his trial, pon <- nviction shall rfeit his office', 9j ad shall, unless pardoned by *he gov- 9 rnor, 1".: ineligible to hold any office H f trust or protit within this State. It 19 mil be the duty of the prosecuting 9 "x 1 *? ?' AI? nnnntTr ^^9 ttorney wiiiuu wuuacuauivui wuu.j le offense may be committed to forth- j9 ]tli institute a j rosecutii against 0 lid officer, who shall be tried in such fs sunty in the same circuit other than 0 le one in which the offence was com- 0 attorney general may 0 oct. The fess and mileage of all ma- fa rial ss< for the State and >r the defense, shall be paid by the 01 tate treasurer, in such manner as mayv HI e provided by law: Provide 'r' 38 1 custs of lynching when death enits, the county where such lynching |?9