Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

V lie D ailing tonian. EXTRA. DARLINGTON, 8. C. Wednesday, December 23, 1895. THE NEW CONSTITUTION tHE DAW THE PEOPLE MI'S! KUW DIVE I NDEK. mi ran ora. The Full Text of South Carolina's New Organic Daw as Adopted. Following is the full test of the New Constitution, as finally adopted liy the recent South Carolina Con stitutional Co> • ,! o ■: We, the people of the State of Sooth Carolina, in Convention assem bled, grateful to God for our liberties, do ordain and establish this Coustitn lion for the preservation and perpetu ation of the same. ARTICLE L DECLARATION OF RIGHTS. Section 1. All political power is vested in and derived from the people only, therefore they have the right at nil times to modify their form of gov ernment bee. 2. Representation 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. See. 4. The general assembly shall make no law respecting an establish ment of religion or prohibiting the free eiercise thereof, or abridging the freedom of speech or of the press; or the right of the people peaceably to nseemblo and to petition the govern ment or any department thereof for a redreirs of grievances. Sec. 5. The privileges and immuni ties of gltizeus of this Slate and of the Oitihu"States unde.- this Constitution •hail not be abridged, nor bh^ll any person lie deprived of life, libartyaor property without duo process of law. nor sb ill any person be defied the ual protection of the laws. G. All pro.pwty subject to tax- I be V- id. 1 u proportiois-to 7. N« tax, subsidy, charge, Impost tax or duties shall be establish ed. tixed, laid or levied, under auy pretext whatsoever, without the con- of the pt-ople or their representa tives lawfully assembled. Sec. 8. No bill of attainder, ex pest faoto 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 cormption of blood or forfeiture of estate. Sec. 9. The right of suffrage, as re gulated in this Constitution, shall be protected by law regulating elections and prohibiting, under adequate pen alties, all undue influences from pow er, bribery, tumult or improper con duct. Sec. 10. All elections shall be free and open, and every inhabitant of this State possessing the qnalilications pro vided for m this Constitution shall have an equal right to eleot officers and be elected to till public office. Sec. 11. No property qnaliticatiou, 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 orduring good be havior, but the terms of all officers shall be for some specified period, ex cept notaries public and officers in the ■nUitia. After the adoption of this Constitution any person who shall tight a duel or seud or accept a challenge for that purpose, or be an aider or abetter in lighting a duel, shall be de prived of holding any offi. e of honor or trust in this State, and shall be oth erwise punished as the law shall pre scribe. Sec. 12. Temporary absence from the State shall not forfeit a residence once obtained, 18. The power of suspending or the execution of the laws be exercised by the general r by its authority in par- ressly provided for out bard labor, unless on a present meat or indictment of a grand jury of the county wher .* the crime shall have been committed, exceptin cases arising in the land or naval forcen or in the militia when in actual servi -e 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 anv criminal case to be a witness again si himself. Private property shall uot l>e taken for private use without the con sent of the owner, nor for publio use without just compensation being first made therefor. Sec. 18. In all criminal prosecn tions the accused shall enjoy the right to a speedy and public trial by an im partial jnry, and to be fully informed of tbe nature and cause of the accusa tion; to bo confronted with the wit nesses against him, to have compulso ry process for obtaining witnesses in his favor, and to be fully hoard in his defense by himself or by his counsel or by both. See. 19. Excessive bail shall not be required, nor excessive fines im posed, nor cruel and anusual punish ments inflicted, nor shall witnesses be nnressonably detained. Corporal pun ishment shall not be inflicted. The by the registration officer shall to filed, one copy with the clerk of eonrt and one in the office of the secretary of state, on or before February 1, 1898, and such persons shall remain during life qualified electors unless disquali fied by the other provisions of this article. The certificate of the clerk of eonrt or secretary of state shall to sufficient evidence to establish the ! right of said citizens to any enbse- 1 quent registration and the franchise town in tb« State for the purpose of bondiug Im name, the general assem bly shall praerib as a condition pre cedent to the bolding of said election a petition from a majority of the free- hoi lers of said city or town as showa by it* tux hooks, and at such elections nil eh otor* of such city or town who are duly qu alified for voting under sec tion 12 of this article, and who have i>aid all taxes. State, county and municipal, for the previous year, shall under the limitations herein imposed, be allowed to vote, and the vote of a (b) Any person who shall apply for registration after January 1st, 1898, if otherwise qualified, shall be registered; provided, that be can both read and write any section of this Constitution submitted to him by the registi alien officer, or can show that he owns and has paid all taxes collectible during the previous year on property in this State assessed at $300 or more. (e) Managers of elections ahall 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 prodnetion of a certificate or of the receipt of the officer authorized to collect such taxes shall be conclusive proof of the pay power to puinah for contempt shall not i mi nt thereof, in any case extend to imprisonment in ; (f) The general assembly shall pro- tho State penitentiary. Sec. 20. All persons shall, before conviction, be bailable by euffioieut 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 Utiel may be given in evidence, and the jnry shall to the jndges of the law and the facts. nee. 22. Treason against the State shall consist alone iu levying war or in giving aid and comfort to enemies against the State. No person shall tie held guilty of treason, except upon testimony of et leaet two witnesses to the same oveit act or upon confession in open court. Sec. 23. The privilegtA of ths writ of habeas corpus shm. 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 to im prisoned for debt except in oases of fraud. Sec. 25. The right of trial by jury Shull be preserved inviolate. Sec. 26. A well regulated militia being necessary to the security of u free State, the right of the people to keep and bear arms shall not be in fringed. As in times of peace armies | miscegenation. vide for issuing to each duly registered elector a certificate of registration and shall 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 tbe 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 aseembly shall provide by law majority of those voting in ssid elec tions shall bo nectasary to authorize the issue of said bonds. See. 14. Electors shall in all esses except treason, felony or breach of the peace, to privileged from arrest on the days of election during their at tendance at the polls and going and re turning therefrom. Sec. 15. No power, civil or military, ill all at any time interfere to prevent '— y,, li of the right of suf- te. the free fraqo in RTICLB III. ATIVX DKFABTMBNT. for such appeal and for the correction of illegal and fnululeot vagialratinD, at any Uan( jin its direction, adopt voting and all other crimes against the .immodiali 'y preceding United St election laws. Sec. 6. The following persons are disqualified from being registered or vutiug: First. Persons convicted of burg lary, arson, obtaining goods or money under false pretenses,perjury, forgery, robbery, bribery, adultery, bigamy, wiie-bcatiug, honsebreaking, receiving stolen goods, bunch of trust with finudnlcnt intent, fornication,sodomy, j incest, assault with intent to ravish, larceny a'o dangerous to liberty, they shall I not be maintained without the consent j of the general assembly. The military Jiowcr of the State shall always be held iu subordination to the civil authority ah l lie .governed by it. lio soldier nbajl in tiutti of grcace be quartered in any house without the consent of the o vner, nor in time of war but iu the manner to to prescribed by law. Seu. 27. No person shall in tiny case bo subject to martial law or to any pains or penalties by virtue of that law, except those employed in the army aud navy of the United States, and except the militia in actual service, but by the authority of the general as sembly. See. 28. All navigable waters shall forever remain public highways, tree to tbe citizens of the States and the United States without tax, impost or toll imposed; and no tax, toll, impost or wharfage shall to imposed, demand ed or received from the owners of auy 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 tbe 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 directory or permissory by its own terms. .. _i. In the government of this the legislative, executive and judicial powers of the government shall be forever separate and distinct from each other, and no person or persons exercising tbe functions of one of said departments shall a same or discharge the duties of any other. See. 15. All courts shall be public, and every person shall have speedy •emedy therein for wrongs sustained. Sec. 16. The right of the people to to secure in their persons, houses, pa pers and efiects against unreasonable searches ami seizures shall not to vio lated, and uo warrants shall i.istie but upon probat do cause, supported by ath or affirmation, and particularly describing the place to to searched and the person or thing to to seized. o. 17. No jHirsim shall to held to er for any crime whore the pun- nt exceeds a fine of 8100 or im- ; for 30 days, with or with ARTICLE n. RIGHT OF SUFFRAGE. Section 1. All elections by the peo ple shall be by ballot and elections shall never to held or the ballots counted in secret. Sec. 2. Every qualified elector shall to eligible to auy office to be vot ed for, unless disqualified by age as presoribed in this Constitution. But no person shall hold two offices of hon or or profit at the same time, except that any person bolding another office may at the same time to an officer in the militia and a notary public. Sec. 3. Every male citizen of this State and of the United States 21 years of age aud upwards, not laboring un der the disabilities named in this Con stitution and possessing the qualifica tions required by it, shall to an elec tor. Sec. 4. The qualifications for snf- fruge shall to as follows; (a) Residence in the State for two years, in the county one year, in the polling precinct in which the elector offers to vote four mouths, and the payment six months before any elec tion of any poll tax then due aud pay able; provided, however, that minis ters iu charge of an organized church and teachers of publio schools shall be entitled to vote after six months resi dence in the State, if otherwise quali fied. (8) Registration, which shall provide for the enrollment of evety elector ouce in ten years and also an enroll ment Hilling each and every year of every elector nut previously registered under the provisions of this article. (c) Up to January 1, 1898, all male persons of voting age applying for registration who can read any section in this Constitution submitted to them by the registration officer, or under stand and explain it when read to them by the registration officer shall to en titled to register ami become electors. A separate record of all persons regis tered before January 1, 1898, sworn tv against the election laws; provided, that the pardon of tbe governor shall remove such disqualification. Second. Perdeua who are idiots, in* ! JJ i fane, paupers supported at the public Gen expense, and persons confined iu auy ton, public prison. Sec. 7. For the purpose of voting, no pci eon shall be deemed to have gained or lost a residence by reason yf bis prosefidt or absence while employ ed in the service of the United States, nor whde engaged in the navigation of the waters of this State, or of the United States, or the high seas, nor while a student of auy institution of learning. Sec. 8. The general assembly shall provide by law for the registration of all qualified electors and shall pre scribe the manner of holding elections and of ascertaining the results of tbe same; provided, at the first registra tion under this Constitution, and until the 1st of January, 1898, the registra tion shall to conducted by a board of three disrceet persons in each county, to to appointed by the gov ernor, by and with the advice and consent of tbe senate. For the first registration to he provided fur 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 iu each month, up to 30 days next pre- ot-ding the first election to to held un der this Constitation. The registra tion bonks shall 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 now existing shall so continue until abolished or changed. Each elector shall to required to vote at his own precinct, but pro vision shall be made for his transfer to another precinct upon his change of residence. Sec. 10. Tbe general assembly shall provide by law for the regulation of jiaity primary elections and punishing fraud ut the same. Sec. 11. The registration books shall close ut least 30 days before an elec tion, during which time transfers and regiatialio shall uot be legal; pro vided, persons who will become of age during that period shall to entitled to registration before the. books arc closed. * Sec. 12. Electors in municipal elec tions sh dl possess the qualifications aud be subject to the disqualifications herein prescribed. The production of a certificate of registration from the registration officers of the county as an elector at a precinct included in the incorporated city or town in which tbu voter Uesiri s to vote is declared a condition prerequisite to his obtaining a certificate of registration for muni cipal elections, and in addition he must birve been a resident within the corporate limits at least four months before the election mud have paid all taxes due aud collectible for tbe pre- oeoing fiscal year. The general as sembly shall provide for the registra tion of all voters before each eleetioa in municipalities; provided, that noth ing herein contained i-hali apply to any muoiei) al elections which may to held prior to the general election of the j.ar 1896. ec. 1 . In authori/ing a special election in any incorporated city or Section 1. The legislative power of this State tHiall be vested in two distinct branches, The one to be styled the “Senate.” aud the other tlie “House of Hepresentatives," and both together the “General Assembly of the State of South Carolina.” Sec. 2. Thu 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. See. 3. The house of representatives shall consist of 124 members, to to ap portioned among the several counties according to the number of inhabitants contained in each. Each county shall conntitute »ne election district. An enumeration of the inhabitants for this purpose shall to made iu the year 1991, and shall to made in the course of every 10th year thereafter, in such man ner as shall to by law directed: Pro vided, thatdAe general assembly may jin its direction, adopt the States census as a true and correct enumera tion of the tphabitauts of the several counties, ui|b make the apportionment of represent;t ivet, among the several counties aoArdiugtosiiid enumeration: Provide 1. flither, that until the ap|wir tioEment wlick shall be made upon tin next etrunsf: tion shall take effect, the represcntntijhi of the several counties us they raw eSy-t (including the county of Snluda established by ordinance) shall le u« follows: Abbeville, 5; Aikeo, H, Ahderson, 5; Barnwell, 5; Beaufort, 4# Berkeley, 4; Charleston. 9; Chester, tj Chesterfield, 2; Claren- dot, c; Colleton, 4; Darlington, 3; X* fie Id, 3; Fairfield, 3; Florence, 8; rgetowniji; Greenville, 5; lliuiqi- 2; HojfiW, 2; Kershaw, 2; Lan caster, 2; LiRirens, 3; Lexington, 2; Marion, 3; Xstrlboro, 3; Newberry, 3; in Onlumbia on the second Tuesday in January, in the.year 1897, and there after annually at the same time and place. Should the caanaities of war or contagious diseases render it unsafe to meet ut the scat of government then the governor may by proclamation ap point a more secure and convenient place of meeting. Monitors of the general assembly shall not receive any compensation for more than forty days of any one session: Provided, that this limitation shall not alleei the first four sessions of the general assembly under this constitution. Sec. 10. The terms of office of the senators and representatives chosen at a general election shall begin on the Monday following such election. Sec. 11. Each house shall judge of the election returns and qualifications of its own members, and a majority of cu.'h house ahull constitute a quorum to lo business; but a smaller number may 'littifett from dgv | t<? day ■*» ([ipjdle attcuui^uou of Ab* mV iu such manner and uifd r ' "V ualtien as maybe provided l or rule. See, 12. Each house shall choose its own officers, determine its rules of procedure, punish its members for dis orderly behavior, snd, with the oon- onrrencc of two-thirds, expel a mem ber, but not a second time for the same cause. Sec. 13. Each house msy punish by imprisonment during its sitting any person not a member who ohall 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 » date of any member for anything said or done in cither house, or who shall assault them there for or who shall assault or arrest any witness or other person ordered to at- tmd the house in his going thereto or returning therefrom, or who shall res cue any person arrested by order of OeaDc, 2; fir lugebtn g, 5; Pickens, 2; Undilanu. 4s S the house: Provided, that such time of imprisonment shall nut in any case extend beyond the session of the gen eral assembly. Sec. II. The members of both bouses shall be protected in their per sons and estates during their attoud- aneo on, going to and returning from the general assembly, a id 10 days pre vious to the sitting and 10 days after the udjonrnuicnt thereof. But thosu privilegi s shall not protect any mem ber who shall be cteirged with treason, felony or breach of the peace. See. 15. Bills for raising revenue shall origin te in the lions sentatives, but may be alter cd or rejected by the sen it q all oth c bills may originate in oit'j.T bouse, and may bn amended, altered or re jected by thu other. I'Ve. 1(1. Tii ■ stylo of all laws shall ‘Bo it enacted by the general as- iy of the St itc nfSonth Carolina.” of repn - j’uot of his d, amend-1 coustitn be: Saluda, i; tipa/tauborg 6; Sumter,5, Union,3; Williamsburg, 3; York, 4; Provided, further, that in the event other counties are hereafter established, then the general assembly shall reapportion the representatives between the counties. See. 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, ench de ficiency shall be supplied by assigning representatives to those counties hav ing the largest snlplus fractions. See. 5. No apportionment of repre sentatives shall take effect until the general election which shall succeed such apportionment. Sec. 6. The senate shall be composed of one member from each county, to to elected for the term of four years by the qualified electors iu each oouuty, iu the same manner in which member! of the house of representatives ave chosen. See. 7. No person shall be eligible to a seat in the senate or bouse of repre sentatives wh eat tbe time of his elec tion, is not a duly qualified elector uuder this Constitution in the county in which he msy be choseu. Senators shall to at least 25 and representatives at least 21 years of age. Sec. 8. The first election for mem- tors of the house of representatives under this Constitution shall to held on Tuesday afotr tbe first Monday iu November, 1896, and every second year thereafter, iu such manner and in such [laces as the general ass'in dy msy prescribe; and the first election for senators shall to held on Tuesday after the first Mondivv iu November, 1846' and every fourth year thereafter ex cept in counties iu which there was an election for SeUhtor iu 1894 for a full term, in which counties no election for senator shall be held until the general election to be held iu 1898 and every fonivh year thereafter, except to fill vacancies. Senators shall be so classi fied that one-half of th ir number, as nearly as practicable, shall to chosen every two years. Whenever the gen eral assembly shall establish more thou one county at any session, it shall so prescribe the first term of the senators from such counties as to observe such claeidUcitiou. Sec. 9. The annual session of the general assembly heretofore elected, fixed by the Constitution of the y.ar 1868 to co-ivene on the fourth Tues day of November, in the year, 1895, is borebv postponed, and the same shall i to convened aud held in the city of | Columbia oo the seco"d Tuesday iu ] January, in th • venr 1896. The first session of the genera! asaembly elected 1 under this cousbtutioo shall convene Sec. 17. Every act or resolution having the force of law shall relate to but one subject, and that shall to ex- pressed iu thi titi'-s * See. 18. No liill or joint resolution shall have thu force of law until it shall have been read three times aud on three several days in each bouse, has had the great seal of the State affixed to it, aud has toon signed by the pros- d jut of the senate aud the speaker of the house of representatives! Provid ed, that either brunch of the genera! assembly may provide by rule for a first and third reading of any bill or joint resolution by its title only. Sec. 19. Each meaitor of tbogeneral assembly shall receive five cents for every mile for the ordinary rente of travel in going to and returning from the place whore its sessions are held; uo general assembly shall have the power to increase the per diem of its own members; aud members of tbe general assembly when convened iu extra session shall receive the same compensation as infixed by law for tho regular session. tiee. 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 tbe journal of the house to which they respectively belong. See. 21. Neither house, during the session of tbe 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. See. 22. Each house shall keep a journal of its own proceedings, and cause the same to be publiahed im mediately after its adjournment, ex cepting such parts as, iu its judgment, may require secrecy; aud the yeas aud nays of the members of either house, on any question, shall, at the desire of ten memtors of the house or five members of the senate, respective ly. to 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 publio or to u^ndividual, and have the reasons of limlisMmt entered on tbe journal. oeo. 23. The doors of each house shall be open, exoept on such occasions as in the opinion Of the house may re quire secrecy. 8eo. 24. No person shall to eii- gigle to a scat in the general ass mbly while he holds any office or position of profit or trust uuder this State, the United Htates of America, or any of them, or und. r any other power, ex cept officers in the raiUtia and notaries public; and if any member shall accept or exercise auy of the said disqualify ing offices or positions he shall vacate his seat. See. 25. If any election district shall neglect to choose n member or members on the day of election, or if any person chosen a member of • ithor house shall refuse to qualify and take his seat, or shall resign, die, depart the State, accept any disqualifying of fice or position, or become othe'wise disqualified to hold b>i seat, a writ of election shall to issued by tbe pre«- deut of the senate or speaker of the house of representatives, as the csss; - msy to, for the purpose of filling the vacancy thereby occasioned for the re mainder of the term for which the per son so refusing to qualify, resigning, dying, departing the State, nr becom ing disqualified, was elected to serve, or the defaulting election district ought to have chosen a member or memtors. Sec. 26. Members of the general assembly, and all officers, before they enter upon the duties of their respec tive offices, and all members of the bar, before they enter upon the practice of their profession, shall take aud sub scribe thu following oath: “Ido sol emnly swear (hr affirm) that I ivn duly qualiflbd, according to the Constitu tion of this State, to exercise the du ties of the office to which I have been elected, (hr appointed) r.nd that I will, to the best of my ability, discharge the duties thereof, and preserve, pro ject and defend the Constitution of is State and of ihe United States. 1 lo further solemnly swear (or affirm) hat I have uot since the first day or Jrnuary, in the year eighteen hundred and eighty-one, engaged in a duel aa principal or second or otherwise; aud that I will not, during the term of office to wbi.)h 1 havo been eleoved(pr appoint ed) engage fb 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, iu snch manner as may bei provided by law, when no mode cd trial or removal is provided iu thik Constitution. Sec. 28. The general assembly shall' enact such laws aa will exempt from Bt-j tachmcnt, levy and sale under any 1 mesne or final process issued from any 1 eonrt, to tho head of the family resid ing in this State, a homestead in lutula, whether held iu fee or any lesser es tate, to the value of $1,000, orso much thereof as the property is worth if its! value is less than $1,000, with tho yearly products thereof, and to everyj head Of a family residing iu this State, whether entitled to a homestead ex emption in lands or not, personal prop erty to th': value of $500, x thereof ns tho property is \ s value in less than $500. The title to tho homestead to be set off and assigned shall be absolute and bo forever dis charged from all duets of the said debtor then existing or thereafter con- tructed except ns hereinafter provided: Provided* That in ease any woman having a separate estate shall be uiar- ri l to the head of a family who has una sufficientTiropirty to a luime- tead as iu reiuboforo provided, said married woman shall bo entitled to a like exemption an pro vided for the hea l of the family: Pro vided, til. I ; i, ’i k il tiii re siiuii: it ’») an sll'iwaueo oi •.••fere th e worth of real c ! ; . .d ■. "".'l ■ I worth of pt rsoe d property to the h is- baud ami wife jointly: Provided, fur ther, That uo property shall be exempt from attachment, lovy or sale for taxca, or tor payment ptoliligatmirwcontrnct- ed for thu purchase of siii I homestead or personal property exemption or the ereetion or making of improvements or repairs thereon: Provided, further, T hat the yearly products of said home stead shall not to exempt from attach ment, levy or sale fur the payment of obligations contracted in the produc tion of tho same: Provided, further That no waiver shall defeat the right of buieestea I before nssigomentexcept it be by deed of conveyance, or lijr mortgage, aud only as against the mortgage debt; and no judgment cred itor or other creditor whose lien does not bind the homestead shall have any right or equity to require that a lieu which embraces the home stead and other property shall first exhaust the homestead r Provided, further, That after a homestead iu lands has been set off and recorded tho same shall not be waived by deed of conveyance, mortgage or otherwise, unless the same to executed by both hiisuand and wife, if both be living: Provided, further, That any person not the toad of a family ahull to en titled to a like exemption as provided for the head of a family iu all necessa ry wearing apparel and tools and im plements of trade, not to exceed ia value tho snm of $300, Sec. 29. All taxes upon property; real and personal, shall to laid upon tho actual vs'-e of the property taxed as the same ihall to ascertained by an assessment made for tho purpose of laying such tax. See. 30. The general assembly shall never grant extra compensation, fee or allowance to any public officer, agent, servant or contractor afti.r aervice ren dered, or contract made, nor author ize payment or part payment of any claim under any contract not anthor- iz-3 by law; but appropriations may to made for i-xpeuditures in repelling invasion, piovuuting or suppressing in surrection. Sec. 31. Lunds belonging to or un der the control of the State ahali never be donated, Uireotly or indirectly, to private corporations er individuals, or to railroad companies. Nor shall such land to sold to cor]K>ratioDK, or ua- socirttioiis, for a less price than that for vhich it ntn be sold to individuals. This, however, ahall not prevent tbe general asscmtily from granting a right of way, not exceeding 150 feet iu in width, as a mere eaaeineot to rail roads across State lands, nor to inter fere with the discretion of the general assembly in confirming thr title to lands claimed to belong to tho State, but nsed or possessed by other parties under an adverse eluim. Sec. 32. Tbe general assembly shall not authorize payment to any person of the salary of a deceased oflioor be yond the date of his death', jor grant pensions except fur military and naval service; no* retire any officer on pay or part pay. See. 33. The marriage of a white person with a negro or mulatto, or person who shall hare one-eighth or more negro Mood, shall be unlaw iu?