The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, December 25, 1895, Supplement, Image 5
The Anderson Intelligencer.
SUPPLEMENT.
ANDERSON, S. C.
THE LAW THE PEOPLE MUST
NOW LIVE UNDER.
a bout m worn gm.
The Full Text of South Carolina's New
Organic Law as Adopted.
Following is the fell text of the
New Constitution, as finally adopted
by, the recent South Carolina Con?
stitutional Convention:
-,
. We, the people of the State of
- South Carolina, in Convention assem?
bled, grateful to God for our liberties,
do ordain and establish this Constitu
' tionforthe preservation and perpetu?
ation of the same.
?
. ARTICLE L
DECLAEAT20N OF EIGHTS.
Section 1. All political power is
vested in and derived from the people
only, therefore they have the right at
vail times to modify their form of gov?
ernment.
: ? Sec. 2. Bepresentation in the house
of representatives shall be apportioned
according to population.
^. . Sec. 3. The general assembly ought
frequently to assemble for the redress
of grievances and for making new laws,
as the common good may require.
Sea 4. The general assembly shall
make no law respecting an establish?
ment of religion or prohibiting the
free exercise thereof, or abridging the
freedom of speech or of the press; or
the right of the people peaceably to
assemble and to petition the govern?
ment or any department thereof for a
tedreas of grievances.
See, 5. The privileges and immuni?
ties of citizens of this State and of the
United States nnder this Constitution
shall not be abridged, nor shall any
^fpersou be deprived of life, liberty or
property without due process of law,
nor shall any person be denied the
equal protection of the laws.
See, 6. All property subject to tax
> ation shall be taxed in proportion to
?Us value.
See. 7. No tax, subsidy, charge,
Impost tax or duties shall be establish?
ed, fixed, laid or levied, nnder any
pretext whatsoever, without the con
Bent of the people or their representa?
tives lawfully assembled.
See. 8. No bill of attainder, ex
poBt facto law, law impairing the obli?
gation of contracts, nor law. granting
any title of nobility or hereditary emo?
lument, shall be passed, and no con?
viction shall work corruption of blood
or forfeiture of estate.
Sec. 9. The right of suffrage, as re
; gnlated in this Constitution, shall be
protected by law regulating elections
and prohibiting, under adequate pen?
alties, all undue influences from pow?
der, bribery, tumult or improper con?
duct.
Sec. 10. All elections shall be free
and open, and every inhabitant of this
State possessing the qualifications pro?
vided for in this Constitution shall
have an equal right to elect officers
and be elected to fill public office.
Sec. 11. No property qualification,
unless prescribed in this Constitution,
shall be necessary for an election to or
?the holding of any office. No person
shall be elected or appointed to office
in this State for life or during good be
?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 this
?Constitution any person who shall light
a duel or send or accept a challenge
for that purpose, or be an aider or
>abetter in lighting a duel, shall be de?
prived of holding any office of honor
or trust in this State, and shall be oth?
erwise punished as the law shall pre?
scribe!
39 Sec 12. Temporary absence from
^ the State shall not forfeit a residence
once obtained.
Sec. 13. The power of suspending
the laws or the execution of the laws
shall only be exercised by the general
assembly or by its authority in par?
ticular, cases expressly provided for
fcy it.
?ec. 14. In the government of this
State the legislative, executive aud
judicial powers of the government shall
be forever separate and distinct from
?ach other, and no person or persons
exercising the functions of one of said
departments shall assume or discharge
?the duties of any other.
Sec. 15. All courts shall be public,
and every person shall have speedy ?
?eniedy therein for wrongs sustained.
? Sec. 16. The right of the people to
be secure in their persons, houses, pa?
pers and effects against unreasonable
searches and seizures shall not be vio?
lated, and no warrants shall issue but
upon probable cause, supported by
oath or affirmation, aud particularly
describing the place to be searched and
the person or thing to bo seized.
Sec. 17. No person shall be held to
answer for any crime where the pun?
ishment exceeds a fine of S10U or im?
prisonment for 30 days, with or with
out bard labor, unless on a present
meat 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 bo
taken for private ubo without the con?
sent of the owner, nor for public use
without just compensation being first
made therefor.
Sec. 18. In all criminal prosecu?
tions the accused shall enjoy the right I
to a speedy and public trial by an im?
partial jury, and to be fully informed
of the nature and cause of the accusa?
tion; to be confronted with the wit?
nesses against him, to have compulso?
ry process for obtaining witnesses in
his favor, and to be fully heard in his
defense by himself or by his counsel
or by both.
Sec. 19. Excessive bail shall not
be required, nor excessive fines im?
posed, nor cruel and unusual punish?
ments inflicted, nor shall witnesses be
unreasonably detained. Corporal pun?
ishment shall not be inflicted. The
power to punish for contempt shall not
in any case extend to imprisonment in
the State penitentiary.
Sec. 20. All persone shall, before
conviction, be bailable by sufficient
sureties, except for capital offenses
when the proof is evident or the pre?
sumption great.
Sec. 21. In all indictments or pro?
secutions for libel, the truth of the al?
leged libel may be given in evidence,
and the jury shall be the judges of the
law and the facts.
Sec. 22. Treason against the State
shall consist alone in levying war or in
giving 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 suspend?
ed unless when, in case of insurrection,
rebellion or invasion, the public safe?
ty may require it.
Sec. 24. No person shall be im?
prisoned for debt except in cases of
fraud.
Sec. 25. The right of trial by jury
shall be preserved inviolate.
Seo. 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 in?
fringed. 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
in subordination to the civil authority
and 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 in any case
be subject to martial law or to any
pains or penalties by virtue of that
law, except shose employed ,in the
army and navy of the United States,
and except the militia in actual service,
but by^ the authority of the general as?
sembly.
Sec. 28. All navigable waters shall
forever remain public highways, free
to the citizens of the States and the
United Slates without tax, impost or
toll imposed; and uo tax, toll, impost
or wharfage shall be imposed, demand?
ed 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 same
be authorized by the general assembly.
Sec. 29. The provisions of the Con?
stitution shall be taken, deemed and
construed to be mandatory and prohib?
itory, and not merely directory, ex?
cept where expressly made direotory
or permissory bv iTO own terms.
AKJ.J.UJU?1 n.
BIGHT OP SCTTKAGE.
Section 1. All elections by the peo?
ple shall be by ballot and elections
shall never be held or the ballots
counted in secret.
Sec. 2. Every qualified elector
shall be eligible to any office to be vot?
ed for, unless disqualified by age as
prescribed in this Constitution. But
no person shall hold two offices of hon?
or or profit at the same time, except
that any person holding another office
may at the same time be an officer in
the militia and a notary public.
Sec. 3. Every male citizeu of this
State and of the United States 21 years
of age and upwards, not laboring un?
der the disabilities named in this Con?
stitution and possessing the qualifica?
tions required by it, shall be an elec?
tor. .
Sec. 4. The qualifications for suf?
frage shall be as follows:
(a) Residence in the State for two
years, in the county ono year, in the
polling precinct in which the elector
offers to vote four mouths, and the
payment six months before any elec?
tion of any poll tax then due and pay?
able; provided, however, that minis?
ters in charge of an organized church
and teachers of public schools shall be
entitled to vote after six months resi?
dence in the State, if otherwise quali?
fied.
(b) Registration, which shall provide
for the enrollment of every elector
once in ten yeurs and also an enroll?
ment during each and every year of
every elector not previously registered
under the provisions of this article.
(c; Up to January 1, 1898, nil male
persons of voting age applying for
registration who can read any section
iu this Constitution submitted to thorn
by thu regi.strition officer, or under?
stand and explain it when read to them
by the registration officer bbull be en?
titled to register and become electors.
A separate re cord of nil persona regis
, tered before January 1, ?3d8, sworn to
by the registration officer shall be filed,
one copy -with the clerk of court and
one in the office of the secretary of
state, on or before February 1, 1898,
and such persons shrill remain during
life qualified electors unless disquali?
fied 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
right of said citizens to any subse?
quent registration aud the franchise
under the limitations herein imposed.
(b) Any person who shall apply for
registration after January 1st, 1898, if
otherwise qualified, shall be registered;!
provided, that ho can both read and
write any section of this Constitution
submitted to him by the registration
officer, or can show that he owns and
has paid all taxes collectible during
the previons year on property in this
State assessed at $300 or more.
(e) Managers of elections shall re?
quire of every elector offering to vote
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 conclneive proof of the pay?
ment thereof.
(f) The general assembly shall pro?
vide for issuing to each duly registered
elector a certificate of registration and
6hall provide for the renewal of such
certificate when 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 registra?
tion shall have the right to appeal to
the court of common pleas or any
judge thereof, and thenco to the
supreme court, to determine his right
to vote under the limitation imposed
in this article, and on such appeal the
hearing shall be 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 persona are
disqualified from being registered or
voting:
First. Persons convicted of burg?
lary, arson, obtaining goods or money
under 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, in?
sane, paupers supported at the public
expense, und persons confined in any
public prison.
Sec. 7. For the purpose of voting,
no pet son shall * be deemed to have
gained or lost a residence by reason of
bis presence or absence while employ?
ed 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 rogistrution of
all qualified electors and shall pre?
scribe the manner of holding elections
and of ascertaining the results of the*!
same; provided, at the first registra?
tion under this Constitution, and until
the 1st of January, 1898, the registra?
tion shall be conducted by a board
of three disreeet persons in each'
county, to be appointed by the gov?
ernor, by and with the advice and
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 dayB next pre?
ceding the first election to be held un?
der this Constitution. The registra?
tion books 6hall be public records
open to the inspection of any citizen
at all times.
Sec. 9. The general assembly shall
provide for the establishment of pol?
ling precincts in the several counties
of the State and those no?v existing
shall so continue until abolished or
changed. Each elector shall be required
to vote at his own precinct, but pro?
vision shall be made for his transfer to
another precinct upou his change of
residence.
Sec. 10. The general assembly shall
provide by law for the regulation of
party primary elections and punishing
fraud at the same.
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?
vided, persons who will become of ago
during that period shall be entitled to
registration before the books aro I
closed.
Sec. 12. Electors in municipal elec?
tions shall possess the qualifications
and bo subject to the disqualifications
herein prescribed. The production
of a certificate of registratioa from tho
registration officers of the county as an
elector at a precinct included iu the
incorporated city or town in which
the voter desires to vote is declared a
condition prerequisite to his obtaining
a certificate of registration for muni?
cipal elections, and in addition ho
must have been a resident within the
corporate limits at least four months
before the election and have paid all
taxes due and collectible for the pre?
ceding fiscal year. The general as?
sembly shall provide for the. registra?
tion of all voters before each election
in municipalities; provided, that noth?
ing herein contained riudl apply to any
miiiiii:i|:al elections which may bo held
pii-ir to the general election of tho
year 1S9(>.
i ec. 13. In authorizing <?. special
, election iu uny incorporated city or
1
town in this State for the purpose of
bonding the same, the general assem?
bly shall prescribe as a condition pre?
cedent to tb? holding of said election
a petition from a majority of the free?
holders of said city or town as shown
by its tax books, aud at such elections
all electors of such city or town who
are duly qualified for voting under sec?
tion 12 of this article, and who have
paid all ta:ces. State, county and
municipal, for the previous year, shall
be allowed to vote, and the voto of a
majority of those voting in said elec?
tions shall be necessary to authorize
the issue of said bonds.
Sec. 1L Electors shall in all cases
except treason, felony or breach of the
peace, be privileged from arrest on
the days of election during their at?
tendance at the polls and goiug and re?
turning therefrom.
Sec. 15. No power, civil or military,
shall at any time interfere to prevent
the free exercise of the right of suf?
frage in this State.
ARTICLE HI.
LEGISLATIVE DEPARTMENT.
Section 1. The legislative power of
this State shall be vested in two distinct
branches, the one to be styled the
"3enate," 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 this State, qualified as in this Con?
stitution is provided.
Sec. 3. The house of representatives
shall consist of 124 members, to be ap?
portioned 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 yearl(J01,
and shall be made in the course of
every 10th year thereafter, in such man?
ner as shall be by law directed: Pro?
vided, that the general assembly may
at any time, in its direction, adopt the
immediately preceding United States
census as a true and correct enumera?
tion 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 appor?
tionment 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)
shall be as follows: Abbeville, 5;
Aiken, 3; Anderson, 5; Barnwell, 5;
Beaufort, 4; Berkeley, 4; Charleston,
9; Chester, 3; Chesterfield, 2; Claren?
don, 3; Collet on, 4; Darlington, 3;
Edge?eld, 3; Fairfield,3; Florence, 3;
Georgetown, 2; Greenville, 5, Hamp?
ton, 2; Horry, 2; Kershaw, 2; Lan?
caster, 2; Laurens, 3; Lexington, 2;
Marion, 3; Marlboro, 3; Newberry, 3;
Oconee, 2; Orangeburg, 5; Pickens, 2;
Richland, 4; Saluda, 2; Spurtauburg,
6; Sumter, 5 ; Union, 3; Williamsburg,
3; York, 4; Provided, farther, that in
the event other counties are hereafter
established, then the general assembly
shall reapportion the representatives
between the counties. ,
Sec. 4. In assigning representatives
to the several counties, the general
assembly shall allow one representative
to every one hundred and twenty-fourth
part of the whole number of inhab?
itants in the State: Provided, that if
in the apportionment of representatives
any county shall appear not to be en?
titled, from its population, to a repre?
sentative, such county shall, never?
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?
ficiency shall bo supplied by assigning
representatives to those counties hav?
ing the largest sulplus fractions.
Sec. 5. No apportionment of repre?
sentatives shall take effect until" the
general election which shall succeed
such apportionment.
Sec. G. The senate shall be composed
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 bo eligible to
a seat in the senate or houso of repre?
sentatives wh > at the time of his elec?
tion, is not a duly qualified elector
under this Constitution in the county
in which he may be chosen. Senators
shall be at least 25 and representatives
at least 21 years of age.
Sec. 8. The tirst election for mem?
bers of the house of representatives
under this Constitution shall be held
on Tuesday afetr the first Monday in
November, 18%, and every second ye<>r
thereafter, in such manner and in such
places as the general assembly may
prescribe; and the first election for
senators shall be held on Tuesday after
the first Monday in November, 1890,
and every fourth year thereafter ex?
cept in counties in which there was an
election for senator in 1891 for a full
term, in which counties no election for
senator shall be held until the general
election to be held iu 1?98 and every
fourth year tuereaftcr, except to fill
vacancies. Senators shall be so classi?
fied that one-half of their number, as
nearly as practicable, shall be chosen
every two years. Whenever the gen?
eral assembly shall establish more than
one county at any sessiou, it shall so
prescribe the first term of the senators
from such counties as to observe such
classification.
Sec. 9. The annual session of the
general assembly heretofore elected,
fixed by the Constitution of the year
18?8 to convene on the fourth Tues?
day of November, iu the year, 1805, is
hereby postponed, and the same shall
be convened and held in the city of
Columbia on the second Tuesday in
January, in the year 1896. The first
session of ihe general assembly elected
under this constitution shall convsne
in Columbia on the second Tuesday in
January, in the year 1897, and there?
after annually at the same time and
place. Should the casualties of war
or contagious diseases render it unsafe
to meet at the seat of government then
the governor may by proclamation ap?
point a more secure and convenient
place of meeting. Members of the
general assembly shall not receive any
compensation for more than forty days
of any one sessiou: Provided, that
this limitation shall not affect the first
four sessions of the general assembly
under this constitution.
Sec. 10. The terms of office of tho
senators and representatives chosen at
a general election shall begin on the
Monday following such election.
Sec. 11. Each houee shall judge of
the election returns and qualifications
of its own members, and a majority of
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 mem?
bers, in such manner and under such
penalties as may do provided by law
or rule.
Sec. 12. Each house shall choose its
own officers, dotermine its rules of
procedure, punish its members for dis?
orderly behavior, and, with tie con?
currence 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 either
honse, or who shall assault them there?
for or who shall assault or arrest any
witness or other person ordered to at
tand the house iu his going thereto or
returning therefrom, or who shall res?
cue any person arrested by order of
the house: Provided, that such time
of imprisonment shall not in any case
extend beyond the session of the'gen?
eral assembly.
Sec. 14. Tho members of both
houses shall be protet .3d in their per?
sons and estates during their attend?
ance on, going to and returning from
the general assembly, and 10 days pre?
vious to the sitting and 10 days after
the adjournment thereof. But these
privileges shall 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 repre-'
sentatives, but may be altered, amend?
ed or rejected by the senate; all other
bills may originate in either house,
and may be amended, altered or re?
jected by the other.
Sec. 16. The style of all laws shall
be: "Be it enacted by the genoral as?
sembly of theState of South Carolina."
Sec. 17. Every act or resolution
having the force of law shall relate to
but one subject, and that shall be ex?
pressed 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 pres?
ident of the senate and the speaker of
the house of representatives: Provid?
ed, that either branch of the genoral
assembly may provide by rule for a
first 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 and 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 isfixed by law for the
regular session.
Sec. 20. In all elections by the gen?
eral 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 shall
be at the time sitting.
Sec. 22. Each house shall keep a
journal of its own proceedings, and
cause the same to be published im?
mediately after its adjournment, ex?
cepting such parts as, in its judgment,
may require secrecy; and the yeas
and nays of tho members of cither
house, on any question, shall, at the
desire of ten members of the house or
five members of the senate, respective?
ly, be entered on the journal. Any
member of either house shall have
liberty to dissent from and protest
against any act or resolution which he
may think injurious to the public or to
au individual, and have the reasons of
his dissent entered on the journal.
Sec. 23. The doors of each honse
shall be open, except on such occasions
as in tho opinion of the house may re?
quire secrecy.
Sec. 24. No person shall be eli
giglc to a seat iu tho general assembly
while he holds any office or position of
profit or trust under this State, the
United States of America, or any of
them, or under any other power, ex?
cept officers in tho militia and notaries
public; and if any member shall accept
or exercise any of the said disqualify?
ing offices or positions he shall vacate
his seat.
Sec. 25. If any election district
shall neglect to choose a member or
members on tho day of election, or if
any person chosen a member of ? ither
house shall refuse tu qualify and take
his seat, or shall resign, die, depart
i the State, accept any disqualifying of
j Bee or position, or become otherwise
I disqualified to hold his seat, a writ of
j election shall be issued by the presi
' dent of the senate or speaker of the
house of representatives, tffi,
may be, for the purpose of &t
vp^ancy thereby occasioned fol
mainder of the term for which
son so refusing to qualify, re
dying, departing the State, or
ing disqualified, was elected tol
or the defaulting election
ought to have chosen a mem
members.
Sec. 20. Members of the
assembly, and all officers, befori
euter upon the duties of their r<
tive ofliees, aud all members of ti
before they enter upon the prac
their profession, shall take and
scribe the following oath: "I do
emnly swear (or affirm) that I am
qualified, according to the Co:
tion of this State, to exercise th
ties of the office to which I have
elected, (or appointed) and that
to the best of my ability, disc
the duties thereof, and preserve,
tect and defend the Constitutio
this State and of the United State
do further solemnly swear (or a!
that I have not since the first da;
Jrnuary, in the year eighteen hun
and eighty-one, engaged in a duel*
principal or second or otherwise; aq
that I will not, during the term of offi
to which I have been eleoted(or appoint-1
ed) engage in a duel as principal or sec?
ond or otherwise so help me God."
The 27. Officers shall be removed,
for incapacity, misconduct or neglect
of duty, in such manner as may be1
provided by law, when no mode cfl
trial or remotal is provided in this!
Constitution. j
Sec. 28. The general assembly shall.
enact such laws aj will exempt from at?
tachment, levy and sale under any
mesno or final process issued from any
count, to the head of the family resid?
ing in this State, a homestead in lands,
whether held in fee or any lesser es?
tate, to the value of $1,000, or so much,
thereof as the property is worth if itsi'
value is less than 31,000, with the!
yearly products thereof, and to every
head of a family residing in this State?
whether entitled to a homestead ex?
emption in lands or not, personal prop?
erty to the value of $500, or so much
thereof as the property is worth if its
value is less than $500. The title to theJ
homestead to be set off and assigned)
shall be absolute and be forever dis-j j
charged from all debts of the seddj
debtor then existing or thereafter con
tracted except as hereinafter provided:)
Provided, That in ease any woman
having a separate estate shall be mar?
ried 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 be>j
entitled to a like exemption as pro?
vided for the head of the family: Pro?
vided, further, That there shall not b'
an allowance of more than SI,00
worth of real estate and more than ?50
worth of personal property to the hui
band and wife jointly: Provided, furj
ther, That no property shall beexem
from attachment, levy or sale for tax*
or for payment of obligations contrac
cd for the purchase of said homestea
or personal property exemption or th
erection or making of improvements
or repairs thereon: Provided, further.
That the yearly products of said home
stead shall not be exempt from attach?
ment, levy or sale for the payment o:
obligations contracted in the produo
tion of the same: Provided, farther.
That no waiver shall defeat the righ
of homestead before assignment except
it be by deed of conveyance, or bjrj
mortgage, and only as against the
mortgage debt; and no judgment cred?
itor or other creditor whoBe lien doesv
not bind the homestead shall have any
right or equity to require that/
a Hen which embraces the home?
stead and other property shall first
exhaust the homestead: Provided,
further, That after a homestead in
lands has been set off and recorded
the same shall not be waived by deed
of conveyance, mortgage or otherwise,
unless the same be executed by both,
husband 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 necessa?
ry wearing apparel and tools and im/_
plements of trade, not to exceed in
value the sum of $300.
Sec. 29. All taxes upon property;
real and personal, shall be laid upon
the actual valuo of the property taxed
as the same shall be ascertained by an
assessment made for the purpose of
laying such fax.
Sec. 30. The general assembly shall
never grant extra compensation, fee or
allowance to any public officer, agent,
servant or contractor nfter sendee ren?
dered, or contract made, nor author?
ize payment or part payment of any
claim under any contract not author?
ized bylaw; but appropriations may
be made for expenditures in repelling
invasion, preventing or suppressing in?
surrection.
Sec. 31. Lands belonging to or un?
der the control of the State shall never
be donated, directly or indirectly, to
private corporations or individuals, or
to railroad companies. Nor shall euch
larjd be sold to corporations, or as?
sociations, for a less 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 rail?
roads across State lands, nor to inter?
fere with the discretion of the general
assembly in confirming the title to
lands claimed to belong to the State,
but used or possessed by other parties
under an adverse claim.
Sec. 32. The general assembly shall
not authorize payment to any person
of the salary of a deceased officer be?
yond the date of his death; nor grant
pensions except for military aud naval
service; nor retire any officer on pay
or part pay.
Sec. ?"?'}. The marriage of a white
person with a negro or mulatto,