Historical Newspapers of South Carolina

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Sfea*: r- *0 *nd Toid. No unmsrrieJ woman tball] legally cocsent to aexnal intarcooTde who (ball not have attained the age of' 14 yearn. Hec. 34. The general amembly of this Htate ahull, not enact local or tpe- cial laws concerning any of the follow ing subjects or for any of the follow ing purposes, to-wit: I. To change the names of persons •r places. II. To lay out, open, alter or work roads or highways. III. To incorporate cities, towns or villages, or change, amend or extend the charter thereof. IV. To incorporate educational, re ligions, charitable, social, mannfactnr- ing or bonking institutions not under the control of the State, or amend or extend the charters thereof. V. To incorporate school districts. VI. To authorize the adoption or legitimation of children. VII. To provide for the protectio: of game. VIII. To summon and empanel' grand or petit jnries. IX. To provide for the age at which citizens shall be subject to road or oth er public duty. X. To fix the amount or manner of compensation to ho paid to any county officer, except that the laws may be so made as to grade the compensation in proportion to the population and necessary service required. XI. In all other cases, wherea gen eral law can be made applicable, no specisl law shall be enacted. XII. The general assembly shall forthwith enact general laws concern ing said subjects foi said purposes, whichshull 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. XTU. The provisions of this sec tion shall not apply to charitable and educational corporationa where, under the terms of a gift, devise oi will, spe cial incorporation may be reqnired. Bee. 35. It shall be the dnty of the general assembly to enact laws lim iting the nnmber of acres of laud which any alien or auy corporation uontiollod by aliens msy o*n within this Blate. ARTICLE IV. • mXicurrvs dki'ahtuskt. Section 1. Tho supremo executive authority of this State shall be vested in a chief magistrate, who shall be styled “the governor of the State of South Carolina.” Seo. 2. The governor shall be Elected l>y the electors duly qualified to vote for members of the house of represen- fativts, and shall hold his office for two years, and until bis successor shall be chosen and qualified, and shall be re- eligible. He shall be elected at the first general election held under this Constitution for members of the gen eral assembly, aud at each general elec tion thereafter, and shall be installed daring tho first session of the said gen eral assembly alter his election, on such day as sha'l be provided hy law. The other State officors-elect shall at tho same time enter upon the perform ance of (heir duties; See. 3. No person shall he eligible to tho office of governor who denic&tbe existence of the Supreme Being; or who at the time of such election has not attained the age of 30 years; and who shall not have been acitizenof the United States and a citizen and resi dent of this State for five years next preceding the day of election. No person while governor shall hold any office or other commissiou (except in the militia) under tho authority of this State, or of any other power, at one and tho same time.' Sec. 4. The returns of every election for governor shall be soaied up hy the boards of canvassers in thu respective xfbunties and transmitted by mail tothe shut of government, directed to the secretary of state who shall deliver them to the speaker of the house ol representatives at the next ensuing ses sion of the general assembly; and du plicates of said returns shall be filed ibb defies of tip ChyK of said -wijjli'JAi bo tlfj drftjr 61 apy crerK ofeourt td forward to 1*6 tary of state a certified copy of saidre- turus upon being notified that the re turns previously forwarded by mail have not been received at his office. It shall he the duty of the secretary of state, after the expiration of seven days irom the day upon which the votes hove been canvassed by the county board if the returns thereof from any county have not been received, to notify the clerk ofcourt of said county, and order a copy of the returns filed in bis office to be forwarded 'orthwitb. Tho secretary of state shall d. Kv.-r the returns to tno speaker of the house of representatives, at the next ensuing •ession of the general assembly; and during the first week of the seesion, or as soon as the general assembly shsll hsve organized by the elect ion of the presiding officers of the two houses, the speaker shall open and pnblinh them in the presence of both hunsca The per son having the highest nnmber of votes shsll be governor; but if two or more •hall be equal, and highest in votes, the general assembly shall during the same session, in the bense of represen tatives, chocso one of them governor, viva voce. Contested elections for' governor shall be determined by the general assembly in such manner as shall l>e prescribed by law. Seo. 5. A hentenautgovernnr shall he chosen at the same time, in tho same manner, continue in office for thesarnc period and be pte B seed of the same quah- tficstions as the governor, and shall, ex offi.-io, |>e president of the senate. Sec. ft. The lieutenant governor while ptesidtug in the senate shall have no vote unless the senato be equally divided. Sec. 7. The senate shaT as soon as practicable alter the coeveoing of the general Assembly, choosd a president 1 stsA. ;ment 1:4 pro tempore to aet in the absence of the lieutenant governor, or when be shall fill the office of governor. Sec. 8. A member of the aenato act ing as governor or lientenant governor shall therenpon vacate bis scat and an- otbes person shull 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 lientenant governor shall then be governor; and in case of tho removal of the last named officer from hie office hy impeachment, death, resignation, disqualification, disability, or removal from the State, the president pro tem 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 may be ehosen. In case the bt impeached, tho r shall nut in his powers until judgmenti all have been prononneed. In case of tho temporary disability of the goverm r tho lient nant governor shall perform tho duties of the gov ernor. See. 10. Tho governor shall he commander-in-chief of the militia of the State, except when they shall be called i n to the active service of the United States. Sec. 11. He shall have power to grant reprieves, commutations and {ardans after conviction (except in cases of impeachment,) in such man ner, on such terms and under such re strictions as he shull think proper; and ue shall have power to remit fines and forfeitures, unless otherwise directed by law. It shall be his duty to report to tho general assembly, at the next regclsr session thereafter, all pardons granted by him, with the report of the board of pardons. Every petition for ] ardou or cnmmntation of sentence may he first referred hy him to a board of pardons, to be provided by the general assembly, which board shall hear all such petitions under such rules and regulations as the gen eral assembly may provide. The gov ernor may adopt the recommendations of said board but in csso ho does not he shall submit his reasons to the gen- 1 eral assembly. Sec. 12. He shall take care that the laws be faithfully executed iu mcrfiy» Seo. 13. The govermr and lieu tenant governor shall, at stated times, receive for their services compensa tion, which shall lie neither increased nor diminished during the period for which they shall have been elected. Sec. 14. AU officers in the execu tive department, and all boards of pnblio institutions, shall, when re qnired by the governor, give him in formation in writing upon any subject rclatiug to tho 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 tho 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. ho may on extraordinary occasions convene the general assem bly in extra session. Should either house remain without a quorum for five days, or in case of disagreement oetween the two houses during auy 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 sessiou 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 ofCuially, and shall bo called “the great seal of the State of South Caro lina. v Se<b 19. All grants and commissions shsll be isened in the name and by the authority of the .State of South Caro- lil a. sealed with the greet seal, signed and nays, and the names at the persons voting for and against the bill or joint reeolation shall bo entered on the journals of both houses respect ively. Bills appropriating money out of the treasury shall specify the ob ject and pnrposea for which the same are made and appropriate to them re spectively their several amounts in distinct items and sections. If tho governor shall not approve any one or more of the items or sections contain ed in any bill, bnt shall approve the residue thereof, it shall become a law as to the residao iu like manner as if he had signed it. The governor shall then return the hill 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 shull enter the objections at large upon ; its jonrnal so much of y the gov- gs shall be nsi dering case of an and proceed to reco: said bill os is not app: ernor. The same pr< had in both houses i the same as is providi entire bill returned by tfc. governor with his objections; and if any item or section of said bill not approved by the governor shall be passed by two- tbirds of the two houses of the gener al assembly, it (hall become a part of said law notwithstanding the objec tions of the governor. If a bill' or joint resolution shall not he returned by the governor within three days after it shsll have been presente i to him, Sunday’s excepted, it shall have the same force and affect as if he bad signed it nnless the general assembly, by adjournment, prevent its return, m which case it shall have such force and effect unless returned within two days after the next meeting. Seo. 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 (hall hold their respective ofllwes for the term of two years, aud^ pntil their several snccessors have %een chosen a u d 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 T. JUtUCIAl. DSFABTXXNT. Sec. 1. The judicial power of this State shall bo vested in a supreme court, in two circuit courts, to wit; A court of common pleas h icing civil jurisdiction aud a court of general sessions with criminal .jurisdiction only. The general assembly may also establish county courts, municipal courts or such courts in any aud all of the counties of this State inferior to circuit courts as may be deemed neces sary, bnt none of snch coarts shall ever be invested with jurisdiction to try cases of murder, raaunlaughter, rape or attempt to rape, arson, common law burglary, briltery or perjury: Pro vided, Before a county court shall be established in any county it must be submitted to the qualified electors aud and a majority of those voting must vote for its establishment. Sec. 2. The supreme 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 voes vote of tin- general assembly for the term of eight years, and shall continue in office un til their successors shall ho elected and qualified, aud shall be so classified that one of them shall go out of office every two years. Sec. 9. The present chief justice and associate justice* of the supreme court are declared to be the chief justice and two of the associate justices of said court as herein established until the terms for which they were elected shall expire, and the general assembly at its next session shall elect the third associate justice aud make suitable provision for acoomplishiug the class- hy the governor and countersigued by iflcation above directed the secretary of State. Seo. 20. The governor and lieuten ant governor, before entering upon the duties of their respective, offices, shail take aud 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 shall re side where its sessions are held. Sec. 22. Whenever it shall ha brought to the notice of the governor by affidavit that any officer who has the custody of publio or trust funds, is probably guilty of embezzlement or the appropriation of public or trust funds to private use, then the nor shall direct his immediate tl jn by the proper officer and npo' true bill found the governor shall suspend such officer and appoint one in bis stead, until bo shall have been ac quitted by the verdict of a jury. In case of conviction, the office shsll be declared vacant and tho vacancy filled as may be provided by law. Sec. 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 pn seuted to thu governor, and it be approve he sha'l 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 and proceed to reconsider it It after such reoousid- eratiou two-thirds of that bonne shall agree to pass it, it shull be seut, to gether with the objections, to the oth er house, by which it shall be recon sidered, aud if approved by two-thirds of that house it shall have the same ef- cial or feet as tl it had been signed by the ; courts Seo. 4. Tno supreme court shall have power to issue writs or orders of injunction, mandamus, quo warranto, '['Inhibition, certiorari, habeas corpus and other original and remedial writs. And said court shall have appellate jur- .sdictioo ouly in cases of chancery and m such appeals they shall review the l adings of fact us well as the law, ex cept in chancery esses where the facts are settled by a jury and the verdict not set aside aud shall constitute a court for tho correction of errors at law under such regulations as the gen eral assembly 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 thu State as the gen- >ral assembly may direct Seo. 6. No judge shall preside at the trial of any cause in the event of which he may be interested, or when cither of the parties shall be connected with him by affiuity or consanguinity with in such degrees as may be prescribed by law, or in which be may have been counsel or have presided ia auy infer ior court. In case all or any of the justices o. the supreme ronrt shall be thus disqualified, or be otherwise pre vented from presiding iu any cause or j causes, the court or the justices there of shall certify the same to the gov ernor of the State, and ho shall imme diately commission, specially, the requisite nnmber of meo learned in the law for the trial and determination thereof. The same course shall lie pursued in the circuit and inferior courts as is prescribed in this section for cases of the supreme court. The general assembly shall provide by law lor the temporary appointment of men learned iu the law to hold either epe- regular terms of the circuit ahocever there Bisy be necea- governort bnt in all snch cas-. s the 1 sity for soch appointment, rote of both house* shall be taken by 1 Sot- 7. There shall be appointed by the justices of the supreme oonrt a re porter and clerk of said court, who shall hold their offices for fonr years aud whose duties and compensation shall be prescribed by law. See. 8. When a judgment or decree ie reversed or affirmed hy 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. Seo. 9. The justices of the supreme court and judges of the circoit court shsll each receive compensation for their services to be fixed by law, which shall not be increased or diminished during their continuance in office. They shall not be allowed any fees or perquiaites of office, nor shall they hold any ether office of trust or profit under this State, tho United States or any other power. Sec. 10. No person shall be eligible to the office of chief justice, associate justice, or judge of the circuit court who is not at the time of his election a citizen of the United States and of this State and has not attained the age of 26 years, has not been a licensed at torney at law for at least five years and been a resident of this State for live years next preceding Ids election. Sec. 11. All vacancies in the supreme coart or inferior tribunals shull be tilled by elections as herein prescribed; provided, that if the unexpired term does not exceed one year such vacancy may he tilled by executive appoint ment. All judges, by virtue of their office, shall he 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 coueuiernc eof three of the justices shall be necessary for a reversal of the judgment below, bnt 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, iu the exercise of its original or appellate jurisdiction, it shull 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 Stato and of the Tnited States, or between- the dnties and obligatutions of her cit izens m.der the same, upon tho deter ininution of which tho entire court is> not agreed; or whenever the justioeaof said conrt, or any two of them desire, it on auy cause or question so before said court, the chief justice, only 111 his absence tho presiding associate jus tice, shall call to the assistance of the supreme court all of the judges of tbej circuit court; provided, however, that when the matter to be submitted is in volved in an appeal from the circuit, court, the circuit judge who tried the 1 ease shall not sit A majority of the justices of tho Bup-eme court and cir cuit judges shail constitute a quorum. The decision of the court so constitu ted, or a majority of tho justices and judges sitting, shall be final and eon- elusive. In such case the chief jnstice, or in bis abseuoo the presiding associ ate j'nstice, shall preside. Whenever the justices of the supreme court aud tho circuit judges meet together for the purposes aforesaid, if the number then of qualified to sit constitute an even number, then one of the circnit judges must retire; and the c rcuit jndges present shall determine hy lot which of their number shall retire. Hec. 13. Tho State shall be dived- ed into as many judicial circuits as the general assemblj may prescribe, and for each circuit a 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 fball 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 circnit courts shall continue in office until the ex piration of the terms for which they were electee, and, should a new divis ion cf tho judicial circuits be made shall be the judges of the tespective ran; aits ia which they shall reside after said division. Sec. 14. Jndges of the eironit courts shall interchange circuits with each other and tho general assembly shall provide therefor. Sec. 15. Tho courts of common pleas shall have original jurisdiction, subject to apjieal to tho supreme court, to issue writs or orders of injunction, mandamus, habeas corpus, and snch 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 nothin tho jurisdiction of inferior courts, except from such in ferior courts from whicb the general assembly shall provide an appeal di rectly to the supreme court. Seo. 16. The court of common pleas shall sit in each county in this State at least twice in every year at i^en slated times aud places as may be appoiuted by law. Sea 17. It shall be the duty of the justices of the supreme court to file their decisious within 60 days from the last day of the oonrt at which the cases w«re heard; and the dnty of the judges of the circuit courts to file their decisions within 60 days from the risiug of the last oonrt of the cir cuit then being held. Sec. 18. The conrt of general ses sions shall have juriidiction in all crim inal cases except those caaes in which exclusive jurisdiction shall be given to inferior courts, aud io these it shall have appellate jurisdiction. It shall also have ooncnrreut jurisdiction with, as welljts appellate jurisdiction from, the inferior courts iu all cases of riot, assault aud battery, and larceny. It shall sit 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 minors and the allotment of dower, in cases of idiocy and lunacy, and persons non compos mentis, shall be vested as the general acnembly may provide, and until such provision such jurisdiction shall remain m the conrt of probate as now established. Sec. 20. A snfficient nnmber 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 arc appointed and qualified. Each magistrate shall have thu power, under snch regulations as may now or hereafter be provided by low, to appoint ono or more constables to execute writs and processes issued by him. The preseut trial justices are declared magistrates as herein created, and shall exercise the powers and dnties of said office of magistrate until their succcssorsshall be appointed and quali fied. Each magistrate shall receive | salary, to be fixed by tho general as sembly, in lieu of all fees iu criminal coses. Sec. 21. Magistrates shall have jurisdiction in snch civil cases as the general assembly may prescribe; pro vided, such jurisdiction shall not ex tend to cases where the value of pro perty in controversy, or the amount claimed, exceeds 8100. 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 ss the general as sembly may prescride; provided, fur ther, snch jurisdiction shall not extend to cases where tho punishment exceeds a fine of 8100 or imprisonment for 30 days. In criminal matters beyond their jarisdiction to try, they shall sit as examining courts and commit, dis charge or (except in capital cases) re cognize persons charged with such 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 fbr a time not to exceed 12 months. Sec. 22. All persons charged with an offence shal 1 have iuo right to de mand and obtain a trial by jury. The jury in cases civil or criminal in all municipal coarts and courts inferior to circuit courts, shall consist of six. The graud jury of each county shall consist of 18 members, 12 of whom must agree iu 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 the same. Each juror must he a qualified elec tor under the provisions of this Con- stitutiou, between tho ages of 21 and 65 years, and of good moral character. Seo. 23. Every civil action cogni zable by magistrates shall bo brought before a magistrate in the count* where the defendant resides, and every criminal action in the connty where the offence was committed. In all cases tried by them, the right of appeal shall be secured under such rules aud regulations as may be provided by law; provided, that in connties where mag istrates have separate and exclusive territorial jurisdiction, criminal causes shall be tried in the magistrate’s dis trict where theoffcuoe was committed, subject to snch provision for change ol veuue from one magisirate’s district to another iu the same county as may be provided by the general assembly. See. 24. AU officersother 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 llfeisJuw direct. Seo. 25. Each of the piroes of the supreme conrt and judges cf the cir cuit court shall have the same power at chambers to issue writs of habeas cor pus, mandamus, quo warranto, certi orari, prohibition and interlocntory writs or orders of injunction as when in open court. Tho judges of the 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 shull declare the law. Sec. 27. There shall be elected in each connty, by the electors thereo.', oue clerk for the conrt of common pl< as, who shall hold his office for the term of four yeais, aud until his suc cessor shall be elected and qualified. He shsll, by virtue of bis office, be clerk of all other courts or records held therein, but the general assembly may provide by law for the election of a clerk, uith a like term of office, for each or any other of the courts of re cord, and may authorize the judge of the probate court to perform the duties of clerk for his conrt nuder such reg ulations us the g meral assembly may direct. Clerks of courts shall be re movable for such cause and in snch manner ns shall be jirescribed hy law. Bee. 28. There shall be au attoruey general for the State, who shall per form such dnties as may be prescribed by la-v. He shall be elected by the qualified electors of the State for the term of two years aud shall receive for his services such compensation as slali be fixed by law. Seo. 29. There ah’ II be one solicitor for each circnit, who shall reside there in, to bo elected by the qualified elec- tora of the circuit, who shull bold his otll -e for the term of fonr years, and null receive lor bis services such 00m- e sutton as shall be fixed hy law. iu all cuses ah*-n an attorney for the itate of Any circuit fails to att-eud aud •roseente accor iug to law, the conrt shall have power to up^mint au attor ney pro tempore. In the event of the establishment of connty courts the general assembly may provide I. solicitor for each comity in the pi aud instead of the circuit solicitor, 1 may jirescribe his poweni, dnties compensation. Seo. 30. The qualified electors of each county shall elect a sheriff and coroner, for the term of fonr years, anil until their successors are elected and qualified; they shall reside iu their respective counties during their con tinuance in office, aud be disqualified for the office a second time if it should appear that they, or either of them, are iu default for moneys collected by virtue of their respective offices. Sec. 31. All writs aud processes shall run and all prosecutions shall be conducted in the name of the State df South Carolina; all writs shall be at tested by the clerk of the conrt from which they shall be issned; and dictments shall conclude peace and dignity of Seo. 32. The generall provide hy law for the speedy pi! tion of the decisions of the sup? 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 persous by them sen tenced to imprisonradnt. Sec. 34. All matters, civil and crim inal, now pending within the jurisdic tion of any of the courts ol this State shall coutinue therein until disposed of according to law. ARTICLE VI. JUBISPBrDBNCE. Section 1. The general assembly shall pass laws allowing differences to be decided by arbitrators, to be ap poiuted by the parties who muy choose that mode of adjustment. Sec. 2. It shall be the duty of the general assembly to puss laws lor the change of venue in all cases, civil and criminal, over which the circuit eonrts nave original jurisdiction, upon a proper showing, supported by affidavit, that a fair and impartial trial cannot be had iu tho county where such action or prosecution was commeuced. The State shall have the sume right to move for a change of venue that a defend ant has for such offences us the general assembly may prescribe. Unless a change of venae be had nuder the pro visions of this article the defendant shall be tried in the connty where the offence was committed; Provided, however, That no change of venue shull be granted in criminal cases until after a true bill has been found by the grand jury : Aud 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 und equity. Sec. 4. Every statute shall be a lie law, unless otherw o deoiarj statute itself. See. 5. The general assembly its first session after the adoption ol this Constitution, shall provide for the appointment or election of a com missioner, whoso duty it shall be to collect aud revise all the general stat ute law of this State then of force as well as that which shall be passed froih time to time, and to properly index and arrauge the said statutes when so passed. And the said commissioner hall 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 the 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 aud 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 bouses of the general assembly on the first day of the first session, but shall uot be taken up for consideration nn- til tho next session of said general as sembly. The said code shall be de clared by the general assembly, in a* set passed according to the forms Its this Constitution for the enactmeut of laws, to be the only general statutory law of the State; bat no alterations or additions to any of the laws therein contained shall be made except by bill passed under the formalities hereto fore prescribed for the passage of laws. Provision shall be made by law for fil ling vscaucies, regulating the terms of office and the cumpeusution of said commissioner, not exceeding 85'’" per annum, aud imposing such other du ties as may be desired. And the gen eral os embly shall by committee in quire into the progress of his work at each session. . Sec. 6. In the esse of any lawfully in the charge, ouatoi control of sny officer, municipal, being seized said officer through his uegligi missiou or conuivance, by a mob ot other unlawful assemblage of persons; aud at their hands Buffering bodily vio lence or death, the said olliuer shall be deemed guilty of a misdemeanor, and, upon true bill fonnd, shall he deposed from his office pending his trial, and upon conviction shall forfeit his office, and shall, unless pardoned by <.110 gov ernor, lie 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 iu such county in the same circuit ether the oue in which the offence was eons- mitted, as the attorney general may elect. 'The fess and mileage of all ma terial witnesses, both for the State and for the defense, shall be paid by th» State treasurer, in snch maunur as may tie provided by law: Provided, Lx all cases of lynching when death en sues, the couuty where such lyuehing