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B-Nio. unmarried woman shall Krsent to sexual-intercourse Haofr have attainec the age of I 19 The general assembly of wsh?ll not enact local or spe Bcncerning any of the f ollow HetaL'or for any of the follow ?ses, to-wit: Bhange the names of persons Blay out, open, alter or work Ho incorporate cities, towns or ? or change, amend or extend; ?fter thereof. B ) ByTo incorporate educational, re ? charitable, serial, manufactur fm Branking institutions not under H Btrol of the State, or amend or B ftbe charters thereof. ?o incorporate school districts. BpBTo authorize the adoption or Htion of children. 8 B To provide for the protection .5* To summon and empanel ftr petit juries. H pwride ioi the age at which ?s shall be subject to road or oth BSbTc duty. v:?V ^? fix ^e ftmount or manner of T;Bfcensation to bo paid to any county ?Peer, except that the laws may be WT made as to grade the compensation Kaproportion to the population and Hcessary service required. IK!. In all other cases, where a gen Bl law can be made applicable, no Bcial law shall be enacted. BKIL The general assembly shall forthwith enact general laws concern? ing said subjects for said purposes, .which shall be uniform in their opera? tions: Provided, That nothing con? tained in this' section"* shall prohibit the general assembly from enacting special provisions in general laws. Xffl. The provisions of this sec lion shall not apply to charitable and educational corporations where, under [the terms of a gift, devise or will, spe? cial incorporation may be required. ;'. See 35. It shall be the duty of the general assembly to enact lawB lim? iting the number of acres of land which any alien -or any corporation controlled by aliens may own within frhjs Stete. Jg \ ARTICLE IV. B|v EXECUTIVE DEPAETMTKT. S^tion 1, The supreme executive I ;>rity of this State shall be vested B chief magistrate, who shall be B I 'Jthe governor of the State of iflBt i Carolina." Beo. 2. The governor shall be eleoted BHpe electors duly qualified to vote Btoembers of the house of represen HBBes, and shall hold his office for two / Bs, and until his successor shall be BflBsn and qualified, and shall be re Jftle. He shall be elected at the ^Byeneral"election held under this Hi tu tion for members of the gen HHBBfisembly, and at each general elec Hhereafter, and shall be installed ?Bjfflg the first session of the said gen ?Tssernbly alter his election, on S^B day ns shall be provided by law. ?^Brother State officers-elect shall at WBame time enter upon the perform |ji of their duties. Bft?< 3. No person shall be eligible Si5 ??ce ?^ governor who deniesthe Bnce of the Supreme Bein 5; or / Bit the time of such election has JRIttaine^ the age of 30 years; and B shall not have been a citizen of the Bt-^d States and a citizen and resi Bt \ of this State for'five years next Bs^ding the day of election. No Bsoh while governor shall hold any Bee or other commission .(except in B militia) under the authority of this Bte, or of any other power, at one Bl the same time. Bsec. 4. The returns of every election S8..governor shall be sealed up by the Boards of canvassers in the respective Bounties and transmitted by mail to the lent of government, directed to the secretary of state who shall deliver fthemto the speaker-of the house of representatives at the next ensuing ses? sion of the general assembly; and du? plicates of said returns shall be filed with the clerks of the court of said counties. It shall be the duty of any elersM>i court to forward to the secre? tary of state a certified copy of said re? turns upon being notified that che re? turns previously forwarded by mail have not be^a received at his office. It ihaJl be the dutfy of the secretary of Bite, after the'expiration of seven days Bom. the day upon which the votes Bavo been canvassed by the county BoagjU?&he returns thereof from any Kmnty have not been received, to flbtify the clerk of court of said county, Hid order a copy of the returns filed fa his office to be forwarded forthwith. ?The secretary of state shall deliver the 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 as soon as the general assembly shall have organized by the election of the presiding officers of the two houses, the Bpeaker shall open and publish them in the presence of both houses. The per? son having the highest number of votes Bhall be governor; but if two or more shall be equal, and highest in votes, $he general assembly shall during the same session, in the honse of represen? tatives, choose one of them governor, ^ ?*iva voce. Contested elections for* governor shall be determined by the general assembly in such manner as shall be prescribed by law. Sec. 5. A lieutenant governor shall be chosen at the same time, in the same manner, continue in office for the same period and be possessed of the same qual? ifications as the governor, and shall, ex-officio, be president of the senate. Sec. 6. The lieutenant governor while presiding in the senate shall have no vote unless the senate be equally ^jtvided. rap. 7. The senate sha.1 as soon as ? v Buble after the convening of the I ?Basaembly, chooso a president pro tempore to act in the absence of 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 an? other person shall be elected in his stead. 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 tern pore of the senate shall be governor; 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 Bhall 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 lieutdnjtnt goveruor Shall perform the duties of the gov? ernor. Seo. 10. The governor shall be commander-in- chief of the militia of the State, except when they shall be called into the active service of the United States. ' Sec. 11. He 6hall have power to grant. reprieves, commutations and pardons after conviction (except in cases of impeachment,) in such man? ner, on such terms and under such re? strictions as he shall think proper; and ne 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 nest Tegular session thereafter, all pardons granted by him, with the report of the board of pardons. Every petition for pardon or cnmmutation of sentence 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 snoh rules and regulations as the gen? eral assembly may provide. The gov? ernor may adopt the recommendations 'of said board but in case he does not he shall submit his reasons to the gen? eral assembly. Sec. 12. He shall take care that the laws be faithfully executed in mercy, Seo. 13. The governor and lieu? tenant governor shall, at stated times, receive for their services compensa? tion, which shall be neither increased nor diminished during the period for which they shall have been elected. Sec. 14. All officers in the execu tiye department, and all boards of public institutions, shall, when re? quired by. the governor, give him in? formation in writing upon any subject relating to the duties of their respect? ive offices or the concerns of their re? spective offices or the concerns of the respective institutions, including item? ized accounts of receipts and disburse? ments. Sec. 15. The governor shall, from time to time, give to the general as? sembly information of the condition of the. State, and recommend for its consideration such measures as he shall deem necessary or expedient. Sec. 16. He may on extraordinary occasions convene the general assem? bly in extra session. Should either house remain without a quorum for five clays, or in case of disagreement between the two houses during any session with respect to the time of ad? journment, he may adjourn them to such time as he shall think proper, not beyond the time of the annual session then next ensuing. ? Sec. 17. He shall commission all officers of the State. Sec. 18. The seal of the State now in use shall be used by the governor officially, and shall be called "the great seal of the State of South Caro? lina." Sec. 19. All grants and commissions shall be issued in the 'name and by the authority of the State of South Caro? lina, sealed with the great seal, signed by the governor and countersigned by the secretary of State. Seo. 20. The governor and lieuten? ant governor, before entering upon the duties of their respective offices, shall take and subscribe the oath of office as prescribed in article 3, section 26, of the Constitution. Sec. 21. The governor shall reside at the capital of the State, except in cases of contagion or the emergencies of war; but during the sittings of the of the general assembly he shell re? side 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 gover? nor shall direct his immediate prosecu? tion by the proper officer and upon true bill found the governor shall suspend such officer and appoint one in his stead, untilhe shall have been ac? quitted by the verdict of a jury. In case of conviction, the office shall be declared vacant and the vacancy filled as may be provided by law. Seo. 23. Every bill or joint reso? lution which shall have passed the gen? eral assembly, except on a question of adjournment, shall, before it becomes a law, be presented to the governor, and if he approve he shall sign it; if not, he shall return it with his objec? tions, to the house in which it origina? ted, which shall enter the objections at large on its journal ahd proceed to reconsider it. If after such reconsid? eration two-thirds of that house shall agree to pass it, it shall be sent, to? gether with the objections, to the oth? er house, by which it shall be recon? sidered, and if approved by two-thirds of that house it shall have the same ef i feet as if it had been signed by the governor; but in oll Buch cases the ' vote of both houses shall be taken by yeas and nays, and the names of the persons voting Tor and against the bill or joint resolution shall be entered on the journals of both houses respect? ively. Bills appropriating money out of the treasury shall specify the ob? ject and purposes* for which the same are made and appropriate to them re? spectively their several amounts in distinct items and sections. If the governor shall not approve any one or more of the items or sections contain? ed in any bill, but shall approve the residue thereof, it shall become a 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 sections of the same not approved by him to the house in which the bill originated, which house shall enter the objections at lejge upon its journal and proceed to reconsider so much of said bill as is not approved by the gov? ernor. The samo proceedings shall be had in both houses in reconsidering the same as is provided in case of an entire bill returned by the governor with his objections; and if any item or section of said bill not approved by the governor 6hall be passed by two thirds of the two houses of the 'gener? al assembly, it shall become a part of said law notwithstanding the objec? tions 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 unless returned within two days after the next meeting. Sec. 24. There shall be elected by the qualified voters of the State a sec? retary 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 years, and until their several successors have been chosen and qualified; and whose duties and compensations shall be prescribed by law. The compensation of such offi? cers 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 criminal 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 neces? sary, but none of such courts shall ever be invested with jurisdiction to try cases of murder, manslaughter, rape or attempt to rape, arson, common law burglary, bribery or perjury: Pro? vided, Before a county court shall be established in any county it must be submitted to the qualified electors and and a majority of those voting must vote for its establishment. Sec. 2. The^upreme court shall con? sist of a chief justice and three associ? ate justices, any*three of whom shall constitute a quorum for the transac? tion 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 un? til their successors shall 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 aro declared to be the chief justice and two of the associate justices of said' court as herein established until the terms for which they wero elected shall expire, and the general assembly at its next session ehali elect the third associate justice and make suitable provision for accomplishing the class? ification above directed. Seo. 4. The supreme court shall have power lo issue writs or orders of injunction, mandamus, quo warranto, prohibition, certiorari, habeas corpus and other original and remedial writs. And said court shall have appellate jur? isdiction 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 gen? eral as.3embly may by law prescribe. Sec. 5. The supreme court shall be held at least twice in each year at the seat of government and at such other place or places in the State as the gen? eral assembly may dire?t. Sec. 5. 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 affinity or consanguinity with in such degrees as may be prescribed by law, or in which he may have been counsel or have presided in any infer? ior couri. In case all or any of the justices of the supreme court shall be thus disqualified, or be otherwise pre? vented from presiding in any cause or causes, the court or the justices there? of shall certify the same to the gov? ernor of the State, and he shall" imme? diately commission, specially, the requisite number of men learned in the law for r.he trial and determination thereof. The same course shall be pursued in the circuit and inferior courts as is prescribed in this section for cases Df the supreme court. The general assembly shall provide by law for the temporary appointment of men learned in the law to hold eithor spe? cial or regular terms of the circuit courts whenever there may bo neces? sity for such appointment. Sec. 7. There shall be appointed by the justices of the supreme court a re* porter 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 supreme court, every point made and distinctly stated in the cause and fairly arising upon the record of the case shall be considered and decided and the reason thereof shall be concisely and briefly stated in writing and preserved with the record of the case. Sec. 9. The justices of the supremo court and judges of the circuit court shall each receive compensation for their services to be fixed by law, which shall not be increased or diminished during their continuance in office. They 6hall 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 ehall be eligible to the office o' 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 at? torney 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 year such vacancy may be filled by executive appoint? ment. All judges, by virtue of their office, shall bo conservators of the peace throughout the State, and when a vacancy is filled by either appoint? ment or election, the incumbent shall hold only for the unexpired term of his predecessor. Sec. 12. In all cases decided by the supreme court the concurernce of three of the justices shall be necessary for a reversal of the judgment below, but if the four 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 ques? tion before the supreme court, in the exercise of its original or appellate jurisdiction, it shall appear to the justices thereof or any two of them, that there is involved a question of constitutional law, or conflict between the Constitution and laws of this State! and of the Tnited States, or between! the duties and obligatations of her cit? izens under the same, upon the deter , mination of which the entire court is not agreed; or whenever the justices of( said court, or any two of them desire; it on any cause or question so before] said court, the chief justice, only inj his absence the presiding associate jus-; tice, 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 circuitj court, the circuit judge who tried the1 case shall not sit. A majority of the justices of the supreme court and cir? cuit judges shall constitute a quorum. The decision of the court so constitu? ted, or a majority of the justices and judges sitting, shall be final and con? clusive. In 6iich case the chief justice, or in his absence the presiding associ? ate justice, shall preside. Whenever the justices of the supreme court and the circuit judges meet together for the purposes aforesaid, if the number thereof 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 dived ed into as many judicial circuits as the general assembly may prescribe, and for each circuit n judge shall be elect? ed by joint viva voce vote of the gen? eral assembly, who shall hold his office for a term of four years; and at the time of his election he ehall be an elector of a county 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 ex? piration of the terms for which they were elected, and, should a new divis? ion of the judicial circuits be made shall be the judges of the xespective circuits in which they shall reside after said division. Sec. 14. JudgeB 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 ajjpeolto the supreme court, to issue writs or orders of injunction, mandamus, habeas corpus, and such other writs as may be necessary to car? ry 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 in? ferior courts from whioh the general assembly Bhall provide an appeal di? rectly to the supreme court. Sec. 16. The court of common pleas shall sit in each county in this State at least twice in every year at such stated times and places as may be appointed by law. Sec. 17. It shall be the duty of the justices of the supreme court to file their decisions within 60 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 file their decisions within 60 days from the rising of the last court of the cir? cuit then being held. Sec. 18. The court of general ses? sions shall have jurisdiction in all crim? inal cases except those cases in which exclusive jurisdiction shall be given to inferior courts, and in these it shall have appellate jurisdiction. It Bhall 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 ait in each county in the State at least twice in each year at such stated times and places as the general as? sembly may direct. Sec. 19. The court of probate shall remain as now established in the county of Charleston. In all other counties of the State the jurisdiction in all matters testamentary and of admin? istration, in business appertaining to min?rB and tho allotment of dower, in casts of idiocy and lunacy, and persons non compos mentis, shall be vested as the general aesembly may provide, and until such provision such jurisdiction shall remain in the court of probate as now established. Sec. 20. A sufficient number of mag? istrates shall be appointed and commis? sioned by the governor, by and with the advice and consent of the Senate, for each connty, who shall hold their offices for the term of two years and until their successors are appointed and qualified. Each magistrate shall have the power, under such regulations bb may now or hereafter be provided by law, to appoint one or more constables to execute writs and processes issued by j him. The present trial justices are declared magistrates as herein created, and sball exercise the powers and duties of said office of magistrate until their successors shall be appointed and quali? fied. Euch magistrate shall receive a salary, to be fixed by the general as? sembly, in lieu of all fees in criminal cases. Sec. 21. Magistrates shall have jurisdiction in such civil cases as the general assembly may prescribe; pro? vided, such jurisdiction 6hall not ex? tend to cases where the value of pro? perty in controversy, or the amount claimed, exceeds $100.. or to cases where the title to real estate is in ques? tion, or to cases in chancery. They shall have exclusive jurisdiction in such criminal cases as tho general as? sembly may prescride; provided, fur? ther, such jurisdiction shall not extend to cases where tho punishment exceeds a fine of $100 or imprisonment for 30 days. In criminal matters beyond their jurisdiction to try, they shall sit as examining courts and commit, dis? charge or (except in capital cases) re? cognize persons charged with Buch of? fences, subject to such regulations as the general assembly may provide. They shall also have the power to bind over to keep the peace and for good behavior for a time not to exceed 12 months. Sec. 22. All persons charged with an offence shall have the right to de? mand and obtain a trial by jury. The jury in cases civil or criminal in all municipal courts and courts inferior to circuit courts, shall consist of six. The grand jury of each county shall consist of 18 members, 12 of whom must agree in a matter before it can be submitted to the court. The petit jury of the circuit courts shall consist of 12 men, all of whom must agree to a verdict in order to render tho same. Each juror must be a qualified elec? tor under the provisions of this Con? stitution, between the ages of 21 and 65 years, and of good moral character. Sec. 23. Every civil action cogni? zable by magistrates shall be brought before a magistrate in the county where the defendent resides, and every criminal action in the county where the offence was committed. In all cases tried by them, the right of appeal shall be secured under such rules and regulations as may be provided by law; provided, that in counties where mag? istrates have separate and exclusive territorial jurisdiction, criminal causes shall be tried in the magistrate's dis? trict where the offence was committed, subject to such provision for change of venue from one magisirate's district to another in the srmo county as may be provided by the general assembly. Sec. 24. All officers other than those named in section 9 provided for in this article shall receive for their services compensation as the general assembly may from time to time by law direct. J Sec. 25. Each of the justices of the Bupreme court and judges of the cir- \ cuit court shall have the same power at chambers to issue writs of habeas cor 1 pus, mandamus, quo warranto, certi orari, prohibition and interlocutory writs or orders of injunction as when in open court. The judges of tho cir? cuit courts shall have such powers at chambers as the general assembly may provide. Sec. 26. Judges shall not charge juries in respect to matters of fact, but shall declare the law. Sec. 27. There shall be elected in each county, by the electors thereof, one clerk for the court of common pleas, who shall hold his office for the term of four years, and until his suc? cessor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts or records j held therein, but the general assembly may provide by law for the election of a clerk, with a like term of office, for each or any other of the couits of re? cord, and may authorize the judge of I the probato court to jjerformthe duties of clerk for his court under such reg? ulations as the general assembly may direct. Clerks of courts shall be re? movable for such cause and in such manner as shall be prescribed by law. Sec. 28. There shall be an attorney general for the State, who shall per? form such duties aB may be prescribed by law. He shall be elected by the qualified electors of the State for the term of two years and shall receive for his services such compensation as shall be fixed by law. Sec. 29. There shall be one solicitor for each circuit, who shall reside there? in, to be elected by the qualified elec? tors of the circuit, who shall hold his office for the term of four years, and -hall zeceive for his services such com , e isation as shall be fixed by law. Iu all cases wh^n an attorney for tho State of any circuit fails to attend and prosecute according to law, tho court shall have power to appoint an attor? ney pro tempore. In the event of the establishment of county courts the general assembly may provide for onto solicitor for each county in tho plftce aud instead of the circuit solicitor, and may presciibe his powers, duties and compensation. Sec. 30. The qualified t-lectors of each county shall elect a sheriff and coroner, for the term of four years, and until their successors are elected and qualified; they shall reside in their respective counties during their con tic nance in office, and be disqualified for the office a second time if it should appear that they, or either of them, are in default for moneys collected by virtue of their respective offices. Sec. 31. All writs and processes shall run and all prosecutions shall bo conducted in the name of the State of South Carolina; all writs shall be at? tested by the clerk of the court from which they shall be issued; and all in? dictments shull conclude "against the peace and dignity of the State." Sec. 32. The general assembly shall provide by law for the speedy publica? tion of the decisions of the supreme court made under this Constitution. Sec. 33. Circuit courts and all courts inferior thereto and municipal courts shall, have the power, in their discretion, to impose sentence of labor upon highways, streets and other pub? lic works upon persons by them sen? tenced to imprisoniudut. Sec. 34. All matters, civil and crim? inal, now pending within the jurisdic? tion of any of the courts oi this State 6hull continue therein until disposed of according to law. ARTICLE VI. JURISPRUDENCE. Section 1. The general assembly shall pass laws allowing differences to be decided by arbitrators, to be ap? pointed by the parties who may choose that mode of adjustment. I Sec. 2. It shall be the duty of the general assembly to pass laws for the change of venue in all cases, civil and ; criminal, over which the circuit courts have original jurisdiction, upon a proper showing, supported by affidavit, that a fair and impurtial trial cannot be had in the county where such action or prosecution was commenced. The State shall have the same right to move for a change of venue that a defend? ant has for such offences as the general assembly may prescribe. Unless a change of venue be had under the pro? visions of this article the defendant shall be tried in the county where the offence was committed: Provided, however, That no change of venue shall be granted in criminal cases until after a true bill has been found by the grand jury: And provided, further, That if a change be ordered it shall be to a county in the same judicial cir? cuit. Sec. 3. Justice shall be administered in a uniform mode of pleading without distinction between law and equity. Sec. 4. Every statute shall be a pub? lic law,unless otherwise declared in the statute itself. Sec. 5. The general assembly, at its first session after the adoption of this Constitution, shall provide for the appointment or election of a com? missioner, whose duty it shall be to collect and revise all the general stat? ute law of this State then of force as well as that which shall be passed from time to time, and to properly index and arrange the said statutes when so passed. And the said commissioner ohall reduce into a systematic code the general statutes, including the code of civil procedure, with all the amend? ments thereto, and shall, on the first day of the session for the year 1901 and at tho end of every subsequent period of not more than 10 years, re? port the result of his labors to the gen? eral assembly, with such recommenda? tions and suggestions as to the abridge? ment and amendments as may be deemed necessary or proper. Said report, when ready to be made, shall be printed and a copy 'thereof laid up? on the desk of each member of both, houses of the general assembly on the first day of the first session, but shall not be taken up for consideration un? til the next session of said general as? sembly. The said code shall be de? clared by the general assembly, in an. act passed according to the forms in this Constitution for the enactment of laws, to be the only general statutory law of the State; but no alterations or additions to any of the laws therein contained shall be made except by bill passed under tho formalities hereto? fore prescribed for the passage of laws. Provision shall be made by law for fil? ling vacancies, regulating the term.; of office and the compensation of si id commissioner, not exceeding $500 per annum, and imposing such other du? ties as may be desired. And the gen? eral as>embly shall by committee in? quire into the progress of his work at euch session. Sec. 6. In the case of any prisoner lawfully in the charge, custoday or control of any officer, State, county or municipal, being seized and taken from said officer through his negligence,'per? mission or connivance, by a mob or other unlawful assemblage of persons, and at their hands suffering bodily via. leuce or death, the said officer shall be deemed guilty of a misdemeanor, and, upon true bill found, shall be deposed from his office pending his trial, and upon conviction shall forfeit his office, and shall, unless pardoned by the gov? ernor, be ineligible to hold any office of trust or profit within this State. It shall be the duty of the prosecuting attorney within whose circuit or county the offense may be committed to forth? with institute a prosecution against said officer, who shall be tried in such county in the same circuit other than the one in which the offence was com? mitted, as the attorney general may elect. The fess and mileuge of all ma? terial witnesses, both for the State and for the defense, shall bo paid by the State treasurer, in such manner as may be provided by law: Provided, In all cases of lynching when death en? sues, the county where such lynching