페이지 이미지
PDF
ePub

A.D. 1868.

of

Privileges

.

Revenue Bills.

be read three times.

their persons and estates during their attendance on, going to, and
returning from, the General Assembly, and ten days previous to the
sitting and ten days after the adjournment thereof. But these privi- members.
leges shall not be extended so as to protect any meniber who shall
be charged with treason, felony or breach of the peace.

Section 18. Bills for raising a revenue shall originate in the House of Representatives, but may be altered, amended or rejected by the Senate; and all other Bills may originate in either House, and may be amended, altered or rejected by the other.

Section 19. The style of all laws shall be: “Be it enacted by the style of laws. Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same." SECTION 20. Every Act or Resolution having the force of law

But one subject. shall relate to but one subject, and that shall be expressed in the title.

SECTION 21. No Bill shall have the force of law until it shall have been read three times, and on three several days, in each House, Must has had the Great Seal of State affixed to it, and has been signed in the Senate House by the President of the Senate and the Speaker of the House of Representatives.

SECTION 22. No money shall be drawn from the Treasury but in pursuance of an appropriation made by law; and a regular state- Drafts on ment and account of the receipts and expenditures of all public moneys shall be published annually, in such manner as may be by law directed.

SECTION 23. Each member of the first General Assembly under this Constitution shall receive six dollars per diem while in session ; Pay of members. and the further sum of twenty cents for every mile of the ordinary route of travel in going to and returning from the place where such session is held ; after which they shall receive such compensation as shall be fixed by law; but no General Assembly shall have the power to increase the compensation of its own members. And when convened in extra session they shall receive the same mileage and per diem compensation as are fixed by law for tire regular session, and none other.

SECTION 24. In all elections by the General Assembly, or either House thereof, the members shall vote viva voce," and their votes, thus given, shall be entered upon the journal of the House to which they respectively belong.

SECTION 25. Neither House, during the session of the General Adjournments. Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the Assembly shall be at the time sitting.

the

Treasury.

Votes viva voce. A. D. 1868.

Jouraals.

Protests.

SECTION 26. Each House shall keep a journal of its own proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as in its judgment may require secrecy; and the

yeas
and
nays

of the members of either House, on any question, shall, at the desire of any two members present, be entered on the journals. Any member of either House shall have liberty to dissent from, and protest against, any Act or Resolution which he may think injurious to the public or to an individual, and have the reasons of his dissent entered on the journals.

SECTION 27. The doors of each House shall be open, except on Open doors.

such occasions as in the opinion of the House may require secrecy.

Section 28. No person shall be eligible to a seat in the General Ineligibility

Assembly whilst he holds any office of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the militia, Magistrates, or Justices of Inferior Courts, while such Justices receive no salary. And if any member shall accept or exercise any of the said disqualifying offices, he shall vacate his seat: Provided, That this prohibition shall not extend to the members of the first General Assembly.

Section 29. If any election district shall neglect to choose a Failure to elect. member or members on the day of election, or if any person chosen Refusal to qual, a member of either House shall refuse to qualify and take his seat,

or shall resign, die, depart the State, accept any disqualifying office, Writs of elec. or become otherwise disqualified to hold his seat, a writ of election

shall be issued by the President of the Senate, or Speaker of the House of Representatives, as the case may be, for the purpose of filling the vacancy thereby vecasioned, for the remainder of the term for which the person so refusing to qualify, resigning, dying, departing the State, or becoming disqualified, was elected to serve, or the defaulting election district ought to have chosen a member or members.

SECTION 30. Members of the General Assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath :

“I do solemnly swear (or affirm, as the case may be) that I am duly qualified, according to the Constitution of the United States and of this State, to exercise the duties of the office to which I have been elected, (or appointed,) and that I will faithfully discharge, to the best of my abilities, the duties thereof; that I recognize the supremacy of the Constitution and laws of the United States over the Constitution and laws of any State; and that I will support, protect and defend the Constitution of the United States, and the Constitu

ity.

tion.

Oath of office.

A. D. 1868.

Cause of removal

The homestead.

tion of South Carolina, as ratified by the people on the sixteenth day of April, 1868. SO HELP ME God.” (And the President of this Convention is authorized to fill the blanks in this Section whenever he shall receive satisfactory information of the day on which this Constitution shall be ratified.)

SECTION 31. Officers shall be removed for incapacity, misconduct, or neglect of duty, in such manner as may be provided by law, when no mode of trial or removal is provided in this Constitution.

SECTION 32. The family homestead of the head of each family residing in this state, such homestead consisting of dwelling-house, out buildings, and lands appurtenant, not to exceed the value of one thousand dollars, and yearly product thereof, shall be exempt from attachment, levy or sale on any mesne or final process issued from any Court. To secure the full enjoyment of said homestead exemption to the person entitled thereto, or the head of any family, the personal property of such person, of the following character, to wit: househoid furniture, beds and bedding, family library, arms, carts, wagons, farming implements, tools, neat cattle, work animals, swine, goats and sheep, not to exceed in value, in the aggreagte, the sum of five hundred dollars, shall be subject to like exemption as said homestead, and there shall be exempt, in addition thereto, all necessary wearing apparel: Provided, That no property shall be exempt from attachment, levy or sale, for taxes, or for payment of obligations contracted for the purchase of said homestead, or the erection of improvements thereon: Provided, further, That the yearly products of said homestead shall not be exempt from attachment, levy or sale, for the payment of obligations contracted in the production of the same. It shall be the duty of the General Assembly, at their first session, to enforce the provisions of this Section by suitable legislation.

SECTION 33. All taxes upon property, real or personal, shall be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying

Assessments.

such tax.

ARTICLE III.

EXECUTIVE DEPARTMENT.

The Governor.

66

SECTION 1. The supreme Executive authority of the State shall be vested in a Chief Magistrate, who shall be styled “The Governor of the State of South Carolina.”

Section 2. The Governor shall be elected by the electors duly qualified to vote for members of the House of Representatives, and shall hold his office for two years, and until his successor shall be

Election of.

A.D. 1868.

а

.

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 General Assembly, and at each general election therevfter, and shall be installed during the first session of the said General Assembly after his election, on such day as shall be provided for . by law. The other State officers elect shall at the same time enter upon the performance of their duties.

SECTION 3. No person shall be eligible for the office of Governor Eligibility of.

who denies the existence of the Supreme Being; or who at the time of such election has not attained the age of thirty years, and who, except at the first election under this Constitution, shall not have been a citizen of the United States and a citizen and resident of this State for two years next preceding the day of election. No person while Governor shall hold any office or commission (except in the militia) under this State, or any other power at one and the same time.

SECTION 4. The returns of every election of Governor shall be liceturns of eleco sealed up by the Managers of Election in their 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 of Representatives at the next ensuing session of the General Assembly, and a duplicate of said returns shall be filed with the Clerks of the Courts of said Counties, whose duty it shall be to forward to the Secretary of State a certified copy thereof, upon being notified that the returns previously forwarded by mail have not been received at his office. It shall be the duty of the Secretary of State, after the expiration of seven days from the day upon which the votes have been counted, if the returns thereof from any County have not been received, to notify the Clerk of the Court of said County, and order a copy of the returns filed in his office to be forwarded forth with. The Secretary of State shall deliver the returns to the Speaker of the House of Representatives at the next enusing session of the General Assembly; and during the first week of the session, or as soon as the General Assembly shall have organized by the election of the presiding officers of the two Houses, the Speaker shall open and publish them in the presence of both Houses. The person 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 Representatives, choose one of them Governor viva voce. Contested elections for Governor shall be determined by the General Assem

bly in such manner as shall be prescribed by law. Lirutenant Gor. SECTION 5. A Lieutenant Governor shall be chosen at the same

time, in the same manner, continue in office for the same period,

.

ernor President of the Senate.

A. D. 1868.

of

Vacation
seals.

case of removil or resig.

and be possessed of the same qualifications as the Governor, and shall ex officio be President of the Senate. SECTION 6. The Lieutenant-Governor, while presiding in the To have no vote,

, &c. Senate, shall have no vote, unless the Senate be equally divided. Section 7. The Senate shall choose a President pro tempore, to President pro

t act in the absence of the Lieutenant-Governor, or when he shall exercise the office of Governor.

SECTION 8. A member of the Senate, or of the House of Representatives, being chosen and acting as Governor or LieutenantGovernor, shall thereupon vacate his seat, and another person

shall be elected in his stead.

Section 9. In case of the removal of the Governor from his In office, or his death, resignation, removal from the State, or inability nation. to discharge the powers and duties of the said office, the same shall devolve on the Lieutenant-Governor, and the General Assembly, at its first session after the ratification of this Constitution, shall, by law, provide for the case of removal, death, resignation, or inability, both of the Governor and Lieutenant-Governor, declaring what officer shall then act as Governor, and such officer shall act accordingly, until such disability shall have been removed, or a Governor shall have been elected.

SECTION 10. The Governor shall be Commander-in-Chief of the militia of the State, except when they shall be called into the Chiei actual service of the United States.

SECTION 11. He shall have power to grant reprieves and pardons after conviction, (except in case of impeachment,) in such manner, pardous.

Reprieres on such terms, and under such restrictions as he shall think proper; and he 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 a full statement of each case, and the reasons moving bim thereupto.

Section 12. He shall take care that the laws are faithfully exe- To execute tte cuted, in

mercy. Section 13. The Governor and Lieutenant Governor shall, at stated times, receive for their services a compensation, which shall Compensation. be neither increased nor diminished during the period for which they shall have been elected. Section 14. All officers in the Executive Department shall, when

Reports of offi required by the Governor, give him information in writing upon any cers. subject relating to the duties of their respective offices.

SECTION 15. The Governor shall, from time to time, give to the General Assembly information of the condition of the State, and to the Legisla-, recommend to their consideration such measures as he shall judge Decessary or expedient.

Commander-in

.

and

.

Giveinformation

ture,

« 이전계속 »