Historical Newspapers of South Carolina

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?nd void. Ko unmarried -woman sha]J legally consent to sexnal intercourse "who shall not have attained tue age of 14 years Sec. 34. The general assembly of this State shall not enact local or spe? cial laws concerning any of the follow? ing subjects or for any of the follow ' ing purposes, to-wit: i I. To chango the names of persons or places. H. To lay out, open, alter or -work roads or highways. III. To incorporate cities, towns or Tillages, or change, amend Or extend the charter thereof. ?Y. To in corporate educational, re? ligious, charitable, social, manufactur? ing or banking institutions not under the control of the State, or amend or extend the charters thereof. Y. To incorporate school districts. VI. To authorize the adoption or : legitimation of children. VII. To provide for the protection ? cf game. . j VIII. To summon and empanel j grund or petit juries. ; IX. * To provide fer the age at which citizens shall be subject to read or oth? er public duty. ; X. To fix the amount or manner of compensation to be paid to any county officer, except that the laws may be .so made as to grade the compensation . in prooortion to the population and necessary service required. XL In all other cases, wherea gen? eral law can be made applicable, no special law shall be enacted. XIL The general assembly shall forthwith enact general laws concein . ing said subjects lbj said purposes, "which shall be uniform in their opera ' tions. Provided, That nothing con? tained in this section shall prohibit the general assembly from enacting special provisions in general laws. yTTT The provisions of this sec? tion shall not apply to charitable and educational corporations where, under the terms of a gift, devise or will, spe? cial incorporation may be required. Sec 35. It shall be the duty of the general assembly to enact laws lim iting the number of acres of Jand .which any alien or any corporation controlled by aliens may own within this Slate. ARTICLE IV, EXECUTIVE DEPARTMENT. Section 1. The supreme executive authority of this State shall be vested in a chief magistrate, who shall be styled "tiie governor of the State ol South Carolina.99 Sec. rs. The governor shall be elected ?>y the electors duly qualified to vet?, for members of thf house of represen? tatives, and shall hold his office for two years, and until 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 the gen? eral assembly, and at each general elec? tion thereafter, and shall be installed ?luring the first session of the said gen? eral assembly alter his election, on such day as sha'i 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 deniesthe existence of the Supreme Being; or .who at the time of such election has not attaiued the age of 30 years; and who shall not have been acitizeaof the . United States aud 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 commission (except in the militia) under the authority of this State, or of any other power, at one ?nd the same time. Sec. 4. The returns of every election for governor shall be sealed np 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 house o J 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 ?opy of said re? turns upon being notified that the re .turns previously forwarded by mail ?ave not jbeea received at his of&ce. It; shall be the duty of tue secretary ol state, after the expiration of seven days "from the day upon which the votes -&ave been canvassed by the county board if the returns thereof from anv couuty have not been received, to notify the clerk of court of said county, and order a copy of the returns fi.ed in his office to be forwarded forthwith. The secretary of state shall deliver the returns to the speaker of the house of representatives, at the next ensuing session of the general assembly; and during the first week of the session, or as soon as the general assembly shrdl have organized by the election of the presiding officers of the two houses, the speaker shall open and publish them in the presence of both houses. The* per? son having the highest number of votes shall be governor; but if two or more shall be equal, and highest in votes, the general assembly shall during the same session, in the house of represen? tatives, choose oue of them governor, viva voce. Contested elections for governor shall be determined by the general assembly in such manner us shall be prescribed by law. Sec. 5. A lieutenantgovernor shall be chosen at the same tune, in the same manner, continue in office forthcome * i period md be po s sst do: the same quaN? ifieatioua as ibo governor, and snail, ex o??i.-i'?, be president of ?he s?nat?*. Sec. ('. Tne li n.t. nant governor while ( les.?sing iu the senate sba 1 have no vote unless the si nato be equally j divided. Sec. 7. The senate shr. \ as toon as : practicable alter Hie coi: vening of the gcm ral tsseiubly, choose a president pro tempore to act in the aosei the lieutenant governor, or wh shall fill the office of governor. Sec. 8. A member of the senat ?Dg as governor or lieutenant gov shall thereupon vacate his seat an other person shail be elected ii stead. Sec 9. In case of the removal < governor from office by im peach i death, resignation, disqualifie}: disability, or removal from the S the lieutenant governor shall th< governor; and in case of the reu of tho last named officer from his hy impeachment, death, resigna disqualification, disability, or ren from the State, the president pro pore of the senate shall be govei and the last named officer shall forthwith, by proclamation, conven senate in order that a ? president tempore may be chosen. In case governor be impeached, the lieute governor shall act in his stead have his powers until judgment ir case shall have been pronounced, case of the temporary disability ol govern? r the lieut nant gove shall perform the duties of the ernor. Sec. 10. The governor shrill commander-in-chief of the militii the State, except when they shall called into the active service of United States. Sec ll. He shall have powe: grant reprieves, commutations I ard DDS after conviction (except cases of impeachment,) in such u ner, on such terms and under such strictions as he shall think proper; ne shall have power to remit flues : forfeitures, unless otherwise direc by law. It shall be his duty to rei to the general assembly, at the ri regular session thereafter, all pard granted by him, with the report the board of pardons. Every petit for j.ardon orenmmutation of sente may be first referred by him t board of pardons, to be provided the general assembly, which bo; shall hear all .such petitions un such rules and regulations as the g eral assembly may provide. The g ernor may adopt the reeommendath of said board but in erse he does 3 he shall submit his reasons to the g< era] assembly. Sec. 12. He shall take eire tl tho laws be faithfully executed mercy, bec. 13. The govern >r and li< tenant governor shall, at stated tim' receive for their services comben; tioD, which shall be neither increas uor diminished duriug the period i which they shall have been elected. Sec. 14. All officers in the exec tive department, and all boards public institutions, shall, when i quired by the jrovernor, give him i formation in writing upon any subjt relating to the duties of their resrjec ive offices or the coucerns of thea- r spective offices or the coucerns of tl respective institutions, including itel ized accounts of receipts and di* burs ments. Sec lo. The governor shall, fro time to time, give to the general ai sembly information of the conditio of the State, and recommend for i consideration such measures as he sha deem necessary or expedient. Sec. 16. lie may on extraordin?r occasions couveue the general assen I dy in extra session. Should eitlu house remain without a quorum IV five days, or in case of disagreemei oetween the two houses during an session with respect to the time of ai journment, he may adjourn them t such time as he shall think proper, nc beyond the time of the annual sessio then next ensuing. . Sec. 17. He shall commission a! officers of the State. Sec. 18. The seal of the State no^ in use shall be used by the goveruo officially, and shall be called "th great seal of the State of South Caro lina." Sec. 19. All grants and commission shall be issued in thc name aud by th authority of the St*.te of South Caro lina, sealed with the great seal, signai by the governor and countersigned bj tho secretary of State Sec 20. 'lhe governor and Kenten ant governor, before entering npoi the duties of their respective ofiicc.v shall take and subscribe the Oath o office as prescribed in article 3, Sectioi. 26, of the Constitution. Sec. 21. The governor shall reside at the capital of the State, except iu cases of contagion or the emergencies of war; but during the titting* of thc of the general assembly he shail re? side where its sessions are held. See. 22. "Whenever it shad be brought to the notice of the governor by affidavit that any oliicer who has the custody of public or trust funds, is probably guiity of embezzlement or the appropriation of jjublie or trust funds to pr?valo use, then the gover nor shali diteet his immediate prosecu? tion by the proper officer and upon true bili found the governor shad suspend such oliicer and appoint one m his btead, until ne shall have been ac? quitted by the verdict of a jury. In case of conviction, the office t-b. di be declared vacant and the vacancy lilleu as may be provided ly law. Sec 23. Every bill or joint reso? lution which shad have parsed th<-gen? eral assembly, ex apt on a question of adjournment, .-shall, before it becomes a law, Oe pr? sealed to the governor, ami ii he approve be sha'] sign it; if not, he shab retain it with his objec? tions, to tue house in which it origina? ted, which shall enter tue objeetious at large on Hs journal and proe<ed to reconsider it. J ; uiler such rteonsid eratiou two-lhirds of that house !-u::'l agree to pass :t, it shail be sent, to gt t.lier witn lin- ??bj ?tions, to iii-- oth- : er te-use, by which ii shall be recon- ? siderei?, and if approved b\ two-thirds ?>: thathoune it .- ii id have the same e - fvet as ii it laid bren signed by the governor; but Ju ail such cas. s Li.< vote of boto houses .-hali ne taken by yeas and nays, and the names <r persons voting for and against th or joint resolution shall be enter? the journals of both houses re* ivelv. Bills appropriating moue of the treasury shail specify tb< ject and purposes for which the are made ami appropriate to thei spectively their several aniounl distinct items and sections. I: governor shall not approve an;/ 01 more of the items or sections con ed in any bill, but shall approx residue thereof, it ?hail becom law as to the uduc in manner as if he had signei The governor shall then return bill with his objections to the iten sections of the same not approve him to the house in which the originated, which house shall ente, i objections at large upon ita jon j and proceed to reconsider so muc said bill as is not approved by the ! ? rnor. The same proceedings sha had in both houses in reconside the same as is provided in case o entire bili returned by the gove: with his objections; and if any itel section of said bill not approved ihe governor shall be p^ sed by t thirds of the two houses of the ge. ai assembly, it shall become a par said law notwithstanding the ob tion3 of the govern?--. If a bill joint resolution shall not be retar <<y the governor within three c alter it shall have been presente him, Sunday's excepted, it shall h :he same force and affect as if he . signed it unless the general asseml by adjournment, prevent its return which case it shall have such force J effect unless returned within two d after the next meeting. Sec. 24. There shall be elected the qualified voters of the State a ? retary of state, a comptroller-gene: au attorney-general, a treasurer, jutant and inspector-general, am superintendent of education, who si bold their respective offices for ' term of two years, and until th several successors have been cho? i..d qualified; and whose duties a compensation shall be prescribed law. The compensation of such. 0 cers shall be neither increased 1 diminished during the period for whi they shall huve been elected. ARTICLE Y. JUDICIAL DEPARTAIENT. Seo. 1. The judicial power of tl State shidl he vested in a supra court, in two circuit courts, to wit: court of common pleas having ci jurisdiction and a court of gene] sessions with criminal jurisdicti only. The general assembly may al establish county courts, mimici^: courts or such courts ?D any and all the counties of this State inferior circuit courts as may be deemed nect sarv, but none of such courts shall ev ?e invested with jurisdiction to ti cases of murder, manslaughter, raj or attempt to rape, arson, common la burglary, bribery or perjury: Pn vided, Before a county court shail \ established in any county it mast I suomittcd to the qualified electors au and a majority of those voting mu: vote for its establishment. Seo. 2. The supreme court shail coi sist of a chief justice and thr< c assoc: ate justices, any three of whom sha, constitute a quorum for thc transai tion of business. The chief justie shall preside, and in his absence tl; senior associate justice. They shall fa elected by a joint viva voce vote of th; general assembly for the term of eigh years, and shall coutiuue in office un til their successors shall be elected am qualified, and shall be so classified tba one of them shall go out of office ever cwo years. Sec. 3. The present chief justice an< associate justices of the supreme cont? are declared to be the chief justice an? two of the associate justices of 8a:h court as hereiu established until tin terms ior which they were electee shall expire, and the general assemob at its next session shall elect the thi.vc associate justice and make suitablt provision for accomplishing the class lficatiou above directed. Sec. 4. Tue supreme court sha! have power io issue writs or orders ol injunction, mandamus, quo warrante, prohibition, certiorari, habeas corpm and other original and remedial writs, .ind said court shall have appellate j ur isdiction only m cases of chaucery u:ad in such appeals they shull review the liudings of fact as well as the law, ex ceot in chaucery eases where the facts are settled ny a jury and the Verdict not sel asi?le and shail constitute a court for the correction of ea'ors at law under such r<gidations as the gen? eral assembly may by law prescribe. Sec. 5. 'JLhe supreme conit shall be held at least twice in each year at the seat of government aud at such other place or placeo in the State as the gen? eral assembly may direct. ??ec ii. N*> judge shall preside at the trial 01 any cause in the evrncof which ne may oe interested, or when cither of the parties shidl be connected with h:m by atti ul ty or consanguinity with lu such decrees as in ? y be prescribed by law, or iu which ne may have been counsel or nave presided in any infer? ior court. lu case all or any cf the justices o toe supreme court shall bo thus disqualified, or lie otherwise pre? vented noni presiding iu any cause or causes, tue court or tue justices there? of shail certify the same to the gov? ernor ol' the Otate, and he shall i in me? diately commissiou, specially, tho requisite uuuioer of mou learned in the law ior ino trial and determination I thereof, 'i'he. sa.ee CoUise shall be j o ?a sued iu tue circuit and inferior' .... I courts as is prescribed in this section .er cities of tn? supreme court. The genera) MS.-, moly ?hali provide by law j i?*r the t. tiiporary 1 ppoiutmcnt of men b-arued in tue itw lo Uold ex ti 1er spe? cial or re '.ni. terms ol' tin- c remt tn'-:: v be ever there may ho Hcc.es :-n ?.ti su o appointment* ?Sec. 'i. inert: shaii be appointed tn the justices of the supreme court ? porter and clerk of said court, shall hold their offices for four y aud whoso duties aud compensa shall be prescribed by law. See. <\ When a judgment cr de is reversed or affirmed by the supr court, every point made and rustin slated in the cause and fairly ari; upon the record of the case shall considered and decided and the res thereof shall be concisely aud bri stated in writing and preserved T the record of the case. Sec. 9. The justices of the snpr< court and judges of the circuit cc shall each receive compensation their services to be fixed by law, wi shall not bc increased or diminis during their continuance in oft Tliey shall not be allowed any fees perquisites of office, nor shall t: hold any other office of trust or pr under this State, tho United States any other power. Sec. 10. No person shall be eligi to the office of chief justice, assoc! justice, or judge of the circuit co who is not at the time of his electio citizen of the United States and of t State and has not attained the agc 26 years, has not been a licensed ? torney at law for at least live ye and been a resident of this State : five years next preceding ids electh Sec. ll. All vacancies in thesuprei court or inferior tribunals .shall filled by elections as herein prescribe provided, that if thc unexpired te: dot s not exceed one year such vacan may lye filled by executive appoii ment. Ali judges, by virtue of th< office, shail be conservators of t peace throughout the State, and wh a vacancy is tilled by either appoii ment or election, the incumbent sh hold only for the unexpired term his predecessor. Sec. 12. In all eases decided by t supieme court the con eui erm e of thi? ef the justices shail be necessary foi reversal of the judgment below, but the four justices equally divide opinion thc judgment below shall affirmed, subject to the provisio hereinafter prescribed. Whenevc upon the hearing of auy cause or epic tion before the supreme court, in t! exercise of its original or appella jurisdiction, it shall appear to tl justices thereof or any two of thet that there is involved a question i constitutional law, or conflict betwec the Constitution and laws of this Sta and of the Tnited States, or betsvet thc duties and obligatatioDS of her ci izeus ur:der the same, npon the detei uiination of which the entire court not agreed; or wheuever the justicesc said court, or any two of them desi] it on any cause or question so befox said court, the chief justice, ouly i his absence the presiding associate jiu lice, shali cali to the assistance of th supreme court all of the judges of th circuit court; provided, however, thu when the matter to be submitted is iu volved in an appeal from th" circu? court, the circuit judge who tried th case shall not sit. A majority of th justices of the supreme court and cir cuit judges shall constitute a quorum The decision of the court so coustitu ted, or a majority of the justices auc judges sitting, shall be final and con erosive. In such case the chief justice or in his absence the presiding associ ate justice, shall preside. Whenever the justices of the supreme court aut the circuit judges meet together icu the purposes aforesaid, if the nnmbe; then of qualified to sit constitute at even number, then one of the circuil judges must retire; and the c rjuil judges preso ut shall determine by lol which of their number shali retire. Sec. 13. The State shall be dived ed into as many judicial circuits as the general assembly may prescribe, and tor 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 ho shall be an elector of a county of, and during bis continuance in office he shall reside in. the circuit of which he is judge. The present judges of the circuit courts shall continue in office until the ex? piration of the terms for which they were elected, and, should a new divis? ion cf the judicial circuits be made shall be the judges of the lespective circuits in which they shali reside after said division. Sec. 14. Judges of tue circuit courts shall interchange circuits with eaeh other aud the general assembly shall provide therefor. Sec. 15. The courts of common picas shall have original jurisdiction, subject to appeal to the supreme court, to issue writs or orders of injunction, mandamus, habeas corpus, and such other writs as may be necessary to car? ry their powers into full effect. Tin y shall have jurisdiction in ail civil cases. They shail have appellate jurisdiction iu ail cases within the jurisdiction of inferior courts, except from such in? ferior courts from which the general assembly shall provide au 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 slat d times and places as may be appointed by i aw. "Sec. 17. It shall be the duty of the justices of the supreme court to file tm ir decisions within 60 days from tee last, day ol' the court at which 1 he cases ?-re heanl; and tho duty ot the judges of the circuit courts to file tht ir decisions within 60 days from the rising of the la^t court of the cir? cuit then bi ing held. See. 18. The court of general ses? sions shall have juris diet iou iii all cri ul? ina] ca-es except those erases in which exelu-ive jurisdiction shall bc given to i nbc lor courts, and lu th? se it .-halli have appeil.-.t - juris diction. it :-b ill i also bave'couciirreut. jurisdiction witu, j a-> weil ?is ap; edale jurisdiction from, the inferior courts in all eases of riot, assault ami hatti-ry, and larceny, it: kital! sitiu -.ach county iu the ?Sudo ut ! . -.- - - - - - i least twice in each year at such ? times and places as the generj sembly may direct. See. I'd. The court of probate remain as now established in county of Charleston. In all connties of the ?Statethe jnrisdicti ali mattera testamentary and ol'ac istiation, in business appertaiuii minors and the allotment of dowt cas- s of idiocy ?md luuaey, und pe non compos mentis, shall bu ve.-t tiie general aesembly may provide: until such piovision such jnrisdi shall remain in the court of prob, now established. Sec. 20. A sufficient number of isirutes shall be appuiuted and eon stoned by the governor, by and the advice and consent of the Se for each county, who shall hold offices for the term of two years until their successors are appointe* qualified. Each magistrate shall tiie power, under such regulatioi may now or he: eafter be pruvidei law, to appoint one or more const? to execute writs and processes issiu him. The present trial justices declared magistrates as herein cre? aud shall exercise tho powers and ch of said office of magistrate until 1 successors shall be appointed and q tied. Each magistrate shall recei salary, to be fixed by the general sembjy, in lieu of all fees iu crin cases. -..ec. 21. Magistrates shall 3 jurisdiction in such civil cases as general assembly may prescribe; ; vided, such jurisdiction shall not tend to cases where the value of ? nerty in controversy, or the am?', claimed, exceeds $100. or to c where the title to real estate is in o tion, or to cases in chance:y. X shall have exclusive jurisdiction such criminal cases as the general st-mbly may prescride; provided, : ?her, such jurisdiction shall not ext to cases where the punishment exec a fine of $100 or imprisonment foi days. In criminal matters bey< their jurisdiction to try, they sba.l as examining courts and commit, < charge or (except in capital eases) cognize persons charged with such fences, subject to such regulation* the general assembly m iy provi They shall also have the power to b: over to keep the peace and for go behavior for a time not to exceed months. Sec. 22. Ail persons chirged w an offence sha!' have the right to . maud and obtain a trial by jury, 'i jury in cases civil or criminal in municipal courts and courts int'eiior circuit courts, shall consist of six. T grand jury of each county shall cons of 18 members, 12 of whom must agi iu a matter before it can be submitt to the court. The petit jury ef the circuit cou! shall consist of 12 men, all of wht must agree to a verdict in order rem.'er the same. Each juror must be a qualified eb tor under the provisions of this Co stitutiou, between the ages of 21 ai 65 years, and of good moral characte Sec. 2 ?. Every civil action cogr zahle by magistrates shall be broug before a magistratein the count-** whe the d?fendent resides, and eve: criminal action in the county whe the offence was committed. In all eas tried by them, the right of appe shall be secured under such rules ar regulations as may be provided by la> provided, that iu counties where maj .strates have separate and exclusif territorial jurisdiction, criminal eausi shall be tried in the magistrate's di trict where the offence uas committe-. subject to such provision for change i venue from one magisirate's district! another in the same conuty as may Y provided by the general assembly. Sec. 24. All officers other than thos named in section 9 provided for in thi article shall receive for their service compensation as the general assembl may from time to timo by law di red bec. 25. Each of the justices of th supreme court and judges of the cii cult court shall have the same power a chambers to issue writs of habeas cor pus, mandamus, quo warranto, eerti orari, prohibition and interlocutor writs or orders ot' injunction as whe] in open court. The judges of thc cir cuit courts shall have such powers a chambers as the general assembly ma; provide. Sec. 2G. Judges shall not charg! juries in respect to matters of fact, bu shall declare the law. Sec. 27. There shall be elected i; each county, hy the electors thereof one cleik for tue court of comnioi pl? as. who shall hohl his office for thc term ot four years, and until his suc? cessor shail be elected aud qualified, lie shall, by virtue of his office, b< clerk of ai] other courts or record.? held therein, but the general assembly may provide by law for the election oi a clerk, with a like term of office, foi each or any ocher of the coutts of re? cord, and may authorize the j idre o. the probate court to perform the duties of clerk for his court under such reg? ulations as the general assembly may direct. Clerks of courts shall be re? movable for such cause and in sneh manner a-< shad be prescribed by law. See. 2tS. There shall he au attorney general ?or the State, who shall per? form such ?loties as may be prescribed bylaw, ile sindl lie elected by thc qualified electors of the State forth iona of two tears anti shall receive for his services .-.neb compensation as hindi be lixed by law. Sec. li.', 'l in re sh b bo one solicitor for i a h circuit, who shall reside there? in, to bc elected by the. qualified cleo ojs d' the circuit, who sh?U hold hi> . iii e for tlc: tenn ot' four years, ami i .all /ec- ive !<>r l i-> services such com e -- di.,;, its shall he lix-il by law. : - ?I c? S'S ule-n nu attorney for the ! late o? a i\ ewci t fails, ti? alteud alni J ?.o.-ccat'- aecor i g ?<? law. the Court I s ?nil have pww r to ..p <,:?;? an attor- I .;e\ i?r?? tempore, i' th . event ol tue ' "Stablitehnieut ol comity o ur Us {hi4 general assembly may provide for o?t? solicitor for each county iu the pince aud instead of the circuit .solicitor, and may prescribe his powers, duties and compensai;? ?G. Sec. 30. The qualified electors of each county shall elect a sheriff and coroner, for the tera: of lour years, and until their successors are elected and qualified; tiley shall reside in their respective counties during their con? tinuance in office, aud be disqualified for 'vin- office a second time if it should appear that they, or either of them, are in default for moneys col e.tted by virtue of their respective offices. Sec. 31. Ail v.-rits and processes shali run and all prosecutions shall be conducted in the name of the State of South Carolina; all writs shall be at? tested by the clerk of the court from which they shall be issued; and all in? dictments shail conclude ''against the peace and dignity of the State." Sec. 32. The general assembly shall provide by law for the speedy publica? tion of the decisions of the supreme court made under this Constitution. Sec. 33. Circuit courts and all courts inferior thereto ?nd municipal courts shall have the power, in their discretion, to impose sentence of labor upon highways, streets au?i other pub? lic works upon perseus by them sen? tenced to imprisonindnt. Sec. 31. Ail matters, civil and crim? inal*, now pending withal the jurisdic? tion of any of the courts ot this State shall continue therein until ?disposed of according to law. ABTJCLE VI. J?P.ISPI??OSSCE. Section 1. Tho general assembly shall pass laws allowing differences to be decided hy arbitrators, to be ap? pointed by the [airties who may choose ihat mode of adjustment. Sec. 2. It- shall be the duty of the general assembly to pass laws lor the change of venue m ali casts, civil aud criminal, over which tue circuit courts nave original juiisuiction, upon a projjer showmg, supported byatfioavit, that a fair and impartial ti nd cannot oe had in the county where such action or juosecut:on was commenced. The State shall have the saineri^ht tornove for a change of venue that a defend? ant has for such offences as the general assembly may prescribe. Uniess a change of venue be had under thepro visious of this article the defendant shall be tried in the county where the ollence was committed : Provided, however, That no chauge of veaue sh:dl be granted in Criminal cases until alter a true bili h.ts beeu found by the grand jury: And pruu.ieb, 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 iii a uniform mode of pleading without ?astinctiun between law and equity. Sec. 4. Eveiy statute shall be a pub iic law,unless otherwise declared in the statute itself. Sec. 5. The general assembly, at its first session after the adoption of this Constitution, shall provhle for tho appointment or election of a com? missioner, whose duty it shail be to collect and revise all the general stat? ute law of this Slate then of force as v% ell as that which shail be passed from. time to time, and to propeny index and arrauge the said statutes when so passed. And the said commissioner .mall reduct; into a systematic code the general statutes, including the code of civil procedure, with all the amend? ments tiiereto, and shall, ou the first day of the Sessiou for the year 1901 and at thc end of every subsequent period of not more tuan 10 years, re? port the result of his labors to the gen? eral assembly, with such recommenda dous and suggestions as to the aoiidge iu'-nt and amendments as may be deemed necessary or proper. Said report, when ready to be made, shall oe printed and a copy thereof laid up? on the desk of eaeh mern lier of both; nouses of the general assembly on tho first day of the first session, but shall not be taken up for consideration un? til che next session of said general as? sembly. The said code shall be de? clared by the general assembly, in an act passed according to the lorins in this Constitution for the enactment of laws, to be the only general st-ttutory law of the State; but no alterations or additions to any ol' the laws therein contained shali be made exce?>t ny bill passed nuder the formalities hereto? fore prescribed for the passage of laws. Provision shall be made by law for fil? ling vacancies, regulating the t rms of office and the compensation of said commissioner, not exceeding S50? per munni, and imposing sucn other du? ties as may bc desired. And tue gen? eral as embly shall by committee in? quire into the progros of his work at each sessiou. Sec. 6. lu the case of any prisoner lawfully in the charge, custou'ay or eoutrol of any officer, St ib-, county or municipal, being seized ami taken from said officer toronga his ue^igence, per? mission or connivance, i?y a mob or other unlawful assemblage ot persons, and althea- h.ants sefleiiug ho.li?y vio? lence or death, the said oliicer sh .li be deemed guilty ot a misdemeanor, and, upon true bill found, snail be deposed from his office pending Ins trial, and noon conviction shail forieit his office, and shail, unios pardoned by *ue gov? ernor, be ineligible to hold any oifiee of trust or prout within th;s Statt;, lt shall be the duty of tho prosecuting attorney within whose circuit or county ihe offense may bo comm itt? d to forth? with institute a prosecution against said officer, who snail he trie?! m Mich couutv in til . same eirena oilier than the one in .. inca ?ne oil noe was com? mitted, as the attorney geiieraj may Icct. The o ss uu?i mileage ??! ail Ul* end witness-, s, b??th tor th.-Si-ate and or the defense, shall be p.-id by tho 'tate ?rearer ?1 m inner a. may e prov ld? ?i iv ia -v : . loqueo, Lt\ di eases ci lynching when dealh Cl? ues. thee?: Mtv M? re such iv uciung i