The Darlington news. (Darlington, S.C.) 1875-1909, December 26, 1895, Image 4
f
When RefOrrtW* Fill Out, E
[Wanbitigton Po«t.J
this story is told on Se:
Tillman: When he had hit
assigned him on the floe
found his nearest neighb*
be Senator Irby, of South t
lina. The two are out, and
not spoken for a long til
passing. It made Tillman
very uncomfortable to s
near.to his enemy, and he:
to be changed on the grou
his visual affliction, for e
one knows that Senator Til
^is blind of one eye. His
. was that he could not s.
'well, sitting where he di
ne could from Rome other
The next day he found hi
• assigned to a dealt on the
* side of Irby, there simply
ing been a reversal of posi
•T asked to be changed,'
Tillman to the acting offic
the Senate, “because Icou
see from that desk, am
have only changed me
other sidebt Senator Irby.
“Yes, sir,” said the floo
cial. “I did not suppost
could see him on the si
which you are blind, am
changed you accordingly.
Tillman gave a snort ol
tempt and picked out s
which is not approximah
desirable as the nrst one '
It May Do aa Much for Yo
Mr. Fred Miller, of Irvii
writes that he had a Sevet
ney trouble for many
with severe pains in hit
^nd a|so that his bladdE
|w0Kcte3r He tried many t
ed Kidney cures but w
any good result. About.
ago ho began use of E
Bitters and found relief a
Electric Bitters is esp
adapted to cure of all 1
and Liver troubles and
gives almost instant relie
trial will prove our stab
Price only 50c. for large
At Dr. J. A. Boyd’s.Drug
Alice (the friend)—I do
how anyone can help
Marie.”
Blanche (the rival)—Sh
help it herself.”—Life.
Knights of the Maccabw
The State Commander
us from Lincoln. Neb , i
lows: “After trying othei
ciues for what - , seemed t
very obstinate cough in o
children we tried Pr.
New Discovery and at tl
of two days the cough e:
left them. We will not bt
out it hereafter, as our
ience proves that it cures
all other remedies fail.”-
ed F. W. Stevens, State (
Why not give this great
cine a trial, as it is guan
and trial bottles are f
Dr. J. A. Boyd’s Drug
Regular size’SOc. and fl.O
"
“And did he say he n
bered me when I was a gi
“No he said he remen
you when he was a boy.”
Buckltn s Arnica Salve.
The Best Salve in the
for Cuts, Bruises, Sores. I
Salt Rheum, Fever Sores,
Chapped Hands Chill
Corns, and all Skin Eruj
and positively cures Piles
pay required. It is guari
to give perfect satisfacth
. money refunded. Price 21
per box. For sale at Dr.
Boyd's drugstore.
Why suffer with C<
Colds and LaQrippe wher
ative Bromo Quinine wil
you in one day. Does no
dues the ringing in the
like Sulphate of Quinine
up in tablets convenient f«
ing. Guaranteed to cui
money refunded. Pric
cents. For sale by O. B.)
Mr. Goodheart—My ino
$2,200 a year. Don’t you
your daughter could li’
that?
Mrs. Spendwell~8he prt
could, with economy,^ but
would you live?—Ifew
*
To the aged, with theii
appetite, feeble circulatioi
Impoverished blood, Ayer’
saparilla is a boon beyond
Its effect is to check tht
ages of time, by invigo
every organ, nerve, and
of the body. See Ayer
mane for the new year.
Visitor—You and your
are about the same size
you look exactly alike. 1
are n’t you?
Tommy (indignantly)—(
not! She’s a girl!
So thorough is the exce
of Ayer’s Hair Vigor that
be used with benefit by an
son. no matter what may
condition of the hair, *
every case, it occasions
faction and pleasure, in ad
to the benefit which inva
comes from its use.
sad void. No nmaarried woman Rhnll
legally ooc*ent to aexnal ictereourae
who khall not have attained the age of
14 yean.
See. 34. The general aas?mb!y of
tbiH State nhall not enact local or tpe- -
<aal law* concerning any of the follow- other jieraon ahall be
ing subject* or for any of the follow - fctead. . , ,
1 Sec. 9. In ca*e of the removal of the
governor from office by impeachment.
pro tempore to net in the abeence of
the lieutenant governor, or when he
ehall fill the office of govetnor.
Sec. 8. A member of the aenate act
ing aa governor or lieutenant governor
hall thereupon vacate hia acat and an-
elected in hia
ing pnrpoaes, to-wit:
I. To change the names of persona
or places.
II. To lay ont, open, alter or work
Torn la or highways.
III. To incorporate cities, towns or
villages, or change, amend or extend
the charter thereof.
IV. To incorporateedneational, re
ligions, charitable, social, inannfactur-
ing or banking institutions not under
the control of the State, or amend or
extend the charters thereof.
V. To incorporate school district*.
VI. To suthorize the adoption or
legitimation of children.
VII. To provide for the protection
of game.
VIII. To summon and emn
grand or petit juries.
IX. To provide for the sg^K which
citizens shall be subject tojoador oth
er public doty. jY
X. To fix the an.' unt or manner of
compensation to he jaridto adjycounty
officer, except tigwthe laws may be
ao made as to_jrade the *mpensation
in proportiost to the population and
necessarjMprvice reqitired.
XI. j In all other cases, whereagen-
, ,, iaw can be made applicable, no
mJjgal law ahsll be enacted.
*XII. !4e general assembly shall
forthwrith • nact general laws concern
ing Mid subjects for said purposes,
vrhfcb shall lie uniform in their opera-
Mnns: Provided, That nothing con
tained in this section shall prohibit
the general assembly from enacting
apecial provisions in general laws.
XIII. The provisions of this sec
tion shall not apply to charitable and
educational corporations where, nnder
the terms of a gift, devise or will, spe
cial incorporation may be required.
Sec. 85. It shall be the dnty of
the general assembly to enact laws lim
iting the nnmber of acres of land
which any alien or any corporation
controlled by aliens may own within
this Slate.
death, resignation, disqualifications
disability, or removal from the Stpte,
the lit utensil* governor shall then be
governor; and in ease of thy —, ^
of the last named officer fj(*m his offl 1 ''
by impeachment, deaths resignffon,
disqualification, disa^fiity, or *emoval
from the State, thj^^^^^PT ru tem ‘
pore of the semureahall b* governor;
ehall then
and the last
forthwith,
senate in order
on, convene the
president pro
m .j be Chosen. In case the
,r be impeached, the lieutenant
11 act in his stead and
wers until judgment in the
have bee* pronounced. In
Fof the temporary disability of the
erncr the lieut-nant governor
all perform the duties of the gov
ernor.
Sec. 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 shall have power to
grant reprieves, commntations and
pardons after conviction (except in
cases of impeachment,) in snch man
ner, on such terms and nnder such re
strictions aa be 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 next
regular session thereafter, all pardons
granted by him, with the report of
the board of pardons. Every petition
for pardon or enmmutation of sentence
may be first referred by him to a
board of pardons, to be provided by
the general assembly, which board
shall bear all snch petitions nnder
such rules and regulations as the gen
eral assembly may provide. The gov
ernor may adopt the recommendations
'of said board bnt in case be does not
he shall submit his reasons to the gen
eral .assembly.
See. 12. He shall take care that
the laws be faithfully executed in
mercy.
flee. 13. The govermr and lien-
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.
Hec. 14. All officers in the execu
tive department, and all boards of
public institutions, shall, when re
quired by the governor, give him in
formation in writing npon any subject
relating to the Unties 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 tbe condition
of the State, and recommend for its
consideration snch measures as he ehall
deem necesss %• or expiedient
Sec. 16. He may on extraordinary
occasions convene tbe general assem
bly in extra session. Should either
bouse remain without a quorum for
five days, or in case of disagreement
between the two houses during any
session with respiect to tbe 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 ensning.
Sec. 17. He shall commission all
officers of the State.
Sec. 18. The seal of the State now
in use shall be used by tbe governor
ofllcially, and shall be called “tbe
great seal of the State of South Caro
lina.’’
Sec. 19. All grauts and commissions
shall be issued in the name and by the
anthority of the State of Sonth Caro
lina, eealed with the great seal, signed
by the governor and countersigned by
the secretary of State.
Sec. 20. The governor and lieuten
ant governor, before entering npxm
the duties of their respective offices,
shall take and subscribe the oath of
office aa 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 tbe emergencies
of war; but during tbe sittings of the
of the general assembly he idiali 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 trnst funds, is
probably guilty of embezzlement or
the appropriation of public or trust
funds to private use, then the gover
nor shall direct bis immediate prosecu
tion by the proper officer and npon
true bill found tbe governor shall
suspend snch officer and appoint one
in hia stead, until he shall have been ac
quitted by the verdict of a jury. In
case of conviction, tho office shall be
declared vacant and the vacancy filled
aa 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, ^ * *
are made ami appropriate to them re-
i.actively ^heir several amounts in
distimM Items and sections. If the
governor shall not approve any one or
mfn of tbe items or sections contain-
^ Sin any bill, but shall approve the
removaS residne thereof, it shall become a
law as to the residne in like
manner as if he had signed it.
The governor shall then return tbe
bill with his objections to the items or
sections of the same not approved by
him to the honse in which the bill
originated, which honse shall enter tbe
objections at large upon its jonrnal
and proceed to reconsider so much of
said bill as is not approved by tbe gov
ernor. The same proceedings shall be
had in both houses in reconsidering
tbe 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 shall 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 be had
signed it unless tbe 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
aad 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 IV.
BXICtmVE DKPABTMXXT.
Section 1. The supreme executive
thority of this State shall be vested
n a chief magistrate, who shall be
styled “the governor of the State of
Sonth Carolina.’’
Sec. 2. The governor shall be elected
by the electors duly qualified to vote
for members of the house of represen
tatives, and shall hold his office for two
years, and nntil his 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 tbe gen
eral assembly, and at each general elec
tion thereafter, and shall be installed
daring the first session of the said gen
eral assembly alter his election, on
snch day as sha'l be provided by law.
The other State officers-elect shall at
the same time enter upon the perform
ance of their duties.
Sec. 3. No person shall be eligible
to the office of governor who deniesdhe
existence of the Supreme Being; or
who at the time of such election has
not attained the age of 30 years; and
who shall not have been a citizen of the
United States and a citizen and resi
dent of this State for'five years next
preceding the day of election. No
person vhile governor shall hold any
office or other commission (except in
the militia) nnder the anthority of this
State, or of any other power, at one
and the same time.
Sec. 4. The returns of every election
for governor shall be sealed tip by the
boards of canvassers in the respective
counties and transmitted by mail to the
seat of government, directed to the
secretary of state who shall deliver
them to the speaker of the bouse 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
clerk of court to forward to the secre
tary of state a certified copy of said re
turns upon being notified that the re
turns previously forwarded by mail
have not been received at his office. It
ahsll be the duty of the secretary of
state, after the expiration of seven days
from the day upon which the votes
have been canvassed by the county
board if the returns thereof from any
county have not been received, to
notify the clerk of court of said county,
and order a copy of the returns filed
in bis office to be forwarded forthwith.
The secretary of state shall deliver the
returns to the speaker of the house of
representatives, at the next ensning
session of tbe general assembly; and
during the first week of tbe session, or
as soon as tbe general assembly shall
have organized by the election of the
presiding officers of the two houses, tbe
speaker shall open and publish them in
the presence of both houses. The per
son having the highest number of votes
shall be governor; bnt if two or more
shall be equal, and highest in votes,
the general assembly shall during tbe
same session, in the bouse of represen
tatives, choose one of them governor,
viva voce. Contested elections for’
governor shall be determined by the
general assembly in such manner as j and if be approve he shall sign it; if | ernor of the State, and he shall imme-
ehsll be prescribed by law. : not, be shall return it with his objec- , diatcly commission, specially, the
Sec. 5. A lieutenant governor ehall be j lions, to the house in which it origina- j requisite number of men learned in the
chosen at the same time, in the same ted, which shall enter the objections law for the trial and determination
manner, continue in office for tbe same at large on its journal and proceed to thereof. The same conrse shall be
periodandbepoft.ssedpfthesameqnal-! reconsider it. If after such reconsid-
yeas and nays, and
persons voting for
or joint roeolntio
the journals <±l ‘
ively. Bills an4
of the trsasmtf
ject and^yj^M* for
the
the bill
’•Ltercd on
ises respect
ing money out
specify the ob-
which the same
ARTICLE Y.
JUDICIAL DEPARTMENT.
Sec. 1. The judicial power of this
State shall bo vested in a supreme
court, in two circuit court*, 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 ami all of
the counties of this State inferior to
circuit court* as may be deemed neces
sary, bnt none of such courts shall ever
be invested with jurisdiction to try
cases of murder, manslaughter, rapt
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 tbe qualified electors and
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 tbe
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 oat of office every
two years.
Sec. 3. The present chief justice and
associate justi -s of the supreme court
are declared to be tbe 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 tbe third
associate justice and make snitable
provision for accomplishing the class
ification above directed.
Sec. 4. Tne supreme court shall
have power to 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 snch appeals they shall review the
findings of fact ns well as the law, ex
cept in chancery cases where the facts
are settled by a jury and tbe verdict
not set aside and shall constitute a
court for the correction of errors at
law nnder 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 the State as the gen
eral assembly may direct.
Sec. 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 affinity or consanguinity with
in snch degrees as may be prescribed
by law, or in which he may have been
counsel or have presided in any infer
ior court, 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-
be presented to tho governor, j of shall certify the same to the gov-
ex-officio, be president of the senate. 1 agree to pass it, it shall be sent, to
pnrsued in the circnit and inferior
coart* as is prescribed in this section
for cases of the supreme court. Tbe
Sec. 6. The lieutenant governor gether with the objections, to the oth- general assembly shall provide by iaw
for the temporary appointment of men
learned in the law to hold either spe
cial or regular terms of the circuit
courts whenever there may be neces
sity for such appointment.
Sec. 7. There shall be appointed by
while presiding in the senate shall have ’ er house, by which it shall be recon-
uo vote unless the senate be equally tidered, and if approved by two-tbirds
divided. * ! of tbut-house it shall have the same el-
Sec. 7. The senate shxT as soon as . feet as if it had been signed by the
practicable after the coevening of the governor; but in all such cases tbe
general Assembly, choose a president 1 vote of both houses shall be taken by
Mab—And so you’re en
to’ one of the Mandon
How do distinguish be
the jttVitices 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 supreme
court and judges of the circuit court
shall each receive compensation for
their service* to be fixed by law, which
shall not be increased or diminished
daring their continuance in office.
They shall not be allowed any fees or
perquisites of office, nor shall they
hold any other office of trust or profit
under this State, the United States or
any other power.
Sec. 10. No person ehall be eligible
to the office of chief justice, associate
justice, or judge of the circuit court
who is not at tbe 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 hia election.
Sec. 11. All vacancies inthesupreme
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 be 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 nnexpired term of
his predecessor.
Sec. 12. In all cases decided by the
supreme court the coneurerurs of 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 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 neder the same, upon the deter
mination of which the entire coart is
not agreed; or whenever the jnsticesof
said court, or any two of them desire
it on any cause or question so before*
said court, the chief justice, only in
bis abseuce 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 circuit,
court, the circuit judge who tried the
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 such cose the chief justice,
or in bis absence the presiding associ
ate jostice, shall preside. Whenever
the justices of tbe supreme court and
the circnit judges meet together for
the purposes aforesaid, if the nnmber
there of qualified to sit constitute au
even number, then one of the circnit
judges most retire; and the circnit
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 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
Ume of his election he ( ball be an
elector of a county of, and during his
continuance in office he shall reside io,
the circuit of which he is judge. The
present judges of the circuit courts
shall coutinue 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 lespective
circnit* in which they shall reside after
said division.
See. 14. Judges of the circnit
court* shall interchange circuits with
each other and the general assembly
shall provide therefor.
Sec. 15. The courts of common
pleas shall have original jurisdiction,
subject to appeal to the supreme court,
to iseue 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 conrts, except from such in
ferior courts from which the general
assembly shall 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
timec 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 dnty of the
judges of the circuit courts to file
their deciaiots within 60 days from
tho rising of the last court of the cir
cuit then being held.
Sec. 18. The conrt of general ses
sions shall have j ark diction in all crim
inal cases except those coses in which
exclusive jurisdiction shall be given to
inferior courts, and in these it shall
have appellate juriadiction. It shall
also have concurrent jurisdiction with,
ns well as appellate jurisdiction from,
the inferior courts in all cases of riot,
assault and battery and larceny. It
shall at in each co’.nty in thft 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 aa 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 snd lunacy, and persons
non compos mentis, shall be vested as
the general aesembly may provide, and
nntil such provision such jurisdiction
shall remain in the court of probate as
now estabhsbed.
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 county, who shall hold their
offices for the term of two years and
until their successors are appointed and
qualified. Each magistrate shall have
tho power, under such regulations as
may now or hereafter be provided by
law, to appoint one or more constables
to exeente writs and processes issued by
him. The present trial justices are
declared magistrates as herein created,
and shall exercise the powers and duties
of said office of magistrate until their
snccessorsshall be appointed and quali
fied. Each 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 shall 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 oases in chancery. They
shall have exclusive jurisdiction in
such criminal cases as tbe general as
sembly may prescride; provided, fur
ther, snch jurisdiction shall not extend
to cases where the punishment exceeds
a fine of 8100 or imprisonment for 30
days. In criminal matters beyond
their jurisdiction to try, they shall sit
as examining conrts 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 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 iu eases civil or criminal in all
municipal comrts 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 tbe 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 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 conntv where
the defendent resides, t.nd every
criminal action in the county where
the offence was committed. In all cases
tried by them, the right ol 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 w as committed,
subject to such provision for change of
venne from one magisirate’s district to
another in the same county as may be
provided by the general assembly.
Sec. 24. All officersother than those
named in section 9 provided for in this
article shall receive for their services
compensation as the general assemi ly
may from time to time by law direct.
Sec. 25. Each of the justices of the
supreme court and judges of 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 interlocutory
write or orders of injunction as when
in open conrt. The judges of the cir
cuit conrts shall have such powers at
chambers as the general assembly may
provide.
Sec. 26. Jndges 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 conrt of common
pleas, who shall hold his office for tbe
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
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 courts of re
cord, and may authorize the judge of
tho probate court to perform the duties
of clerk for his conrt under such reg
ulations as the general assembly may
direct. Clerks of conrts shall be re
movable for such cause and in such
manner as shall be preacribed by law.
Sec. 28. There shall be au attorney
general for the State, who shall per
form such duties as may lie 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 aa shall
be fixed by law.
Sec. 29. There shall be one solicitor
for each circnit, who shall reside there
in, to be elected by the qualified elec
tors of the circuit, who shall hold his
offi-e for the term of four years, ami
hall receive for his services such com-
e iNation as shall be fixed by law.
iu all eases when an attorney for the
Itate of any circuit fails to attend and
iroseente according to law, the conrt
shall have power to appoint an attor-
uey pro tempore. Iu the event of tbe
eatabliahmaot of county courts the
general assembly may provide for c.
solicitor for each county in the pi*
and instead of the circnit solicitor, an
may prescribe his powers, duties
compensation.
Sec. 80. Tho qualified electors
each county shall elect a sheriff
coroner, for the term of four vean
and until their successors are electa
and qualified; they shall reside iu the:
respective counties during their
tinuance in office, and be disqualifij
for the office a second time if it shouj
appear that they, or either of thej
are in default for moneys collet ted 1
virtnc of their respective offices.
Hee. 81. All writs and proc I
shall ran and all prosecutions shall l
conducted in tbe name of the State (
Sonth Carolina; all writs shall be l
tested by the clerk of the court froi
which they shall be issued; and all
dictments shall conclude “against :
peace and dignity of the State.”
Sec. 32. The general assembly sh
provide by law for the speedy public*
tiou of the decisions of the suprea
court made under this Constitution.
Sec. 33. Circuit courts aud I
courts inferior thereto and munieip
courts shall have the power, in the
discretion, to impose sentence of lab
upon highways, streets and other pull
lie works upon persons by them Hej
tenced to imprisonmdnt.
Sec. 34. All matters, civil snd eriu
inal, now pending within the jnrixdiJ
tion of any of the conrts of this Stul
shall continue therein until disposed (
according to law.
ARTICLE YI.
JURISPRUDENCE.
Section 1. The general asstmUl
shall pass laws allowing differences
be decided by arbitrators, to be n
pointed by the parties who may ehuoij
that mode of adjustment.
Sec. 2. It shall be the duty of I
general assembly to pass laws for tfcj
change of venue in all cases, civil an
criminal, over which the circuit cour
have original jurisdiction, upon
proper showing, supported by allidavil
that a fair and impartial trial cauuc|
be had in the county where such actio
or prosecution was commenced. TlJ
State shall have the same right to mou
for a change of venue that a defend
ant has fo. such offences as the gener^
assembly may prescribe. Unless
change of venue be bad under the pnj
visions of this article the defemUq
shall be tried in the county where tq
offence was committed : Provided
however, That no change of vena
shall be granted in criminal cases uut!
alter a true bill has been found by th
grand jury : And provided, furthe^
That if a change be ordered it shall I
to a county in the same judicial ci|
cnit.
Sec. 3. Justice shall bo administere
in a uniform mode of pleading withoq
distinction between law and equity.
Sec. 4. Every statute shall be a jmtj
lie law, unless otherwise declared in th
statute itself.
Sec. 5. The general assembly, i
it* first session after the adoption <
this Constitution, shall provide for th
appointment or election of a con
missioner. whose dnty it shall be
collect and revise all the general statj
ate law of this State then of force i
well as that which shall be passed fron^
time to time, and to properly index
and arrange the said statutes when ao
passed. And the said commissioner
-ball reduce into a systematic code tbs
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 resalt of his labors to the gen
eral assembly, with such recommenda
tions and soggestionsaato the abridge
ment and amendments as may be
deemed necessary or proper. Said
report, when ready to be made, shall
he 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, bnt shall
not be taken np for consideration nn
til tbe next session of said general a«-
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 tbe only general statutory
law of the State; but no alterations or
additions to any of tbe 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 vacancies, regulating the terms of
office and the compensation of said
commissioner, not exceeding $500 per
annum, and imposing such other du
ties as may be desired. And tho gen
eral asiembly shall by committee in
quire into the progress of his work at
each session.
Sec. 6. In the case of sny 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, jper-
mission or connivance, by a mob or
other unlawful assemblage of persona,
and at their hands suffering bodily vio
lence or death, the said officer shall he
deemed guilty of a misdemeanor, and,
upon true bill found, shall be deposed
from his office pending his trial, and
npon conviction shall forfeit his offici T ,
and shall, unless pardoned by ’he gov
ernor, be ineligible to hold any offic#
of trust or profit within this State. J*.
shall be the duty of the prosecuting
attorney within whose circnit or county
the offense may be committed to f 0 ^'
with institute a prosecution against
said officer, who shall be tried in such
county in the same circuit other thaft
the one in which the offence was com g
mitted, as the attorney general nia ll
elect The fesa nnd mileage of all maj
terial witnesses, both for tho State and
for tho defense, ehall be paid by *“fj
State treasurer, in such manner as maj
be provided by law: Provided, 1®
all eases of lynching when death on*
sues, the county where such lynching
V,' ,