any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the Legislature.

SEC. 28. In the government of this Commonwealth, the Legislative Department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them, to the end it may be a government of laws and not of men.

SEC. 29. The Legislature ought frequently to assemble for the redress of grievances for correcting, strengthening and confirming the laws, and for making new laws as the common good may require.

SEC. 30. The people have a right to keep and bear arms for the common defence. As in times of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the Legislature. The military power shall always be held in an exact subordination to the civil authority and be governed by it.

SEC. 31. In time of peace no soldier ought to be quartered in any house without the consent of the owner; and, in time of war, such quarters ought not to be made but in a manner prescribed by law.

SEC. 32. No person who conscientiously scruples to bear arms shall be compelled to do so, but he may pay an equivalent for personal service.

SEC. 33. All elections shall be free and open, and every inhabitant of this Commonwealth possessing the qualifications provided for in this Constitution, shall have an equal right to elect officers and be elected for public employments.

SEC. 34. No property qualification shall be necessary for an election to or the holding of any office, and no office shall be created the appointment to which shall be for a longer time than good behavior. After the adoption of this Constitution, any person who shall fight a duel, or send or accept a challenge for that purpose, or be an aider or abetter in fighting a duel, shall be deprived of holding any office of honor or trust in this State, and shall be otherwise punished as the law shall prescribe.

SEC. 35. The right of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult or improper conduct.

SEC. 36. Representation shall be apportioned according to population, and no person in this State shall be disfranchised or deprived of any of the rights or privileges now enjoyed except by the law of the land or the judgment of his peers.

SEC. 37. Temporary absence from the State shall not forfeit a residence once obtained.

SEC. 38. All property subject to taxation ought to be taxed in proportion to its value. Each individual of society has a right to be protected in the enjoyment of life, property and liberty according to standing laws. He should, therefore, contribute his share to the expense of his protection and give his personal service when necessary.

SEC. 39. No subsidy, charge, impost tax or duties ought to be established, fixed, laid or levied, under any pretext whatsoever, without the consent of the people or their representatives lawfully assembled.

SEC. 40. Excessive fines shall not be imposed nor cruel and unusual punishment inflicted, nor shall witnesses be unreasonably detained.

SEC. 41. No title of nobility or distinction, or hereditary emolument shall ever be granted in this State.

SEC. 42. All navigable waters shall remain forever public highways, free to the citizens of the State and the United States, without tax, impost or toll imposed; and, no tax, toll or impost or wharfage shall be imposed, demanded or received from the owner of any merchandise or commodity, for the use of the shores or any wharf erected on the shores, or on or over the waters of any navigable stream, unless the same be expressly authorized by the Legislature.

SEC. 43. The enumeration of rights in this Constitution shall not be construed to impair or deny others retained by the people, and all powers not herein delegated remain with the people.

ARTICLE

JUDICIAL DEPARTMENT.

SEC. 1. The judicial power of this State shall be vested in a Supreme Court, in two Circuit Courts, to wit: A Court of Common Pleas, having civil jurisdiction and a Court of General Sessions, with criminal jurisdiction only, in District and Probate Courts, and in Justices of the Peace. The General Assembly may also establish such municipal and other inferior Courts as may be deemed necessary.

SEC. 2. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum. They shall be elected by a joint vote of the General Assembly for the term of six years, and shall continue in office until their successors shall be elected and qualified.

SEC. 3. They shall be so classified that one of the Judges shall go out of office every two years; and the Judge holding the shortest classification shall be Chief Justice of the Court during his term of office, and so on in rotation.

SEC. 4. The General Assembly, immediately after said election, shall determine by lot which of the three Judges elect shall serve for the term of two years, which for the term of four years, and which for the term of six years; and having so determined the same, it shall be the duty of the Governor to commission them accordingly.

SEC. 5. The Supreme Court shall have appellate jurisdiction only in cases of Chancery, and shall constitute a Court for the correction of errors at law, under such regulations as the General Assembly may by law prescribe: Provided, The said Court shall always have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other original and remedial writs as may be necessary to give it a general supervisory control over all other Courts in the State.

SEC. 6. The Supreme Court shall be held at least once in each year, at the seat of Government, and at such other place or places in the State as the General Assembly may direct.

SEC. 7. No judge shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be con

nected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been counsel, or have presided in any inferior Court, except by consent of all the parties. In case all or any of the Judges of the Supreme Court shall be thus disqualified from presiding on any cause or causes, the Court or the Judges thereof shall certify the same to the Governor of the State and he shall immediately commission, specially, the requisite number of men of law knowledge for the trial and determination thereof. The same course shall be pursued in the circuit and inferior Courts as prescribed in this section for cases of the Supreme Court.

SEC. . There shall be appointed by the Judges of the Supreme Court a reporter and clerk of said Court, who shall hold their offices two years, and whose duties and compensation shall be prescribed by law.

SEC. 9. The Judges of the Supreme Court shall give their opinion upon important questions of constitutional law, and upon solemn occasions when required by the Governor, the Senate, or the House of Representatives; and all such opinions shall be published in connection with the reported decisions of said Court.

SEC. 10. When a judgment or decree is reversed or affirmed by the Supreme Court, every point made and distinctly stated in writing in the cause, and fairly arising upon the record of the case, shall be considered and decided; and the reasons therefor shall be concisely and briefly stated in writing, and preserved with the records of the case.

SEC. 11. The Judges of the Supreme Court and Circuit Courts shall, at stated times, receive a compensation for their services, to be fixed by law, which shall not be diminished during their continuance in office. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this State, the United States, or any other power.

SEC. 12. No person shall be eligible to the office of Judge of the Supreme Court or Circuit Courts who is not at the time of his election a citizen of the United States, and has not attained the age of thirty years, and been a resident of this State for five years next preceding his election, or from the adoption of this Constitution.

SEC. 13. All vacancies in the Supreme Court or other inferior tribunals shall be filled by election; Provided, That if the unexpired term does not exceed one year, such vacancy may be filled by Executive appointment. All judges, by virtue of their office, shall be conservators of the peace throughout the State.

SEC. 14. In all cases decided by the Supreme Court, a concurrence of two of the judges shall be necessary to a decision.

SEC. 15. The State shall be divided into convenient circuits, and for each circuit a judge shall be elected by the qualified electors thereof, who shall hold his office for a term of four years, and during his continuance in office he shall reside in the circuit of which he is judge.

SEC. 16. Judges of the Circuit Court shall interchange circuits with each other in such manner as may be determined by law.

SEC. 17. The Courts of Common Pleas shall have exclusive jurisdic tion in all cases of divorce, and exclusive original jurisdiction in all civil cases and actions ex delicto, which shall not be cognizable before justices

of the peace, and appellate jurisdiction in all such cases as may be provided by law. They shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs which may be necessary for carrying their power fully into effect.

SEC. 18. The Court of Common Pleas shall sit in each Judicial District in this State at least twice in every year, at such stated times and places as may be appointed by law. It shall have full jurisdiction in all matters of equity, but the Courts heretofore established for that purpose shall continue as now organized until the first day of January, one thousand eight hundred and sixty-nine, for the disposition of causes now pending therein.

SEC. 19. The General Assembly shall provide by law for the preservation of the records of the Courts of Equity, and also for the transfer to the Court of Common Pleas and Probate Courts for final decision of all causes that may remain undetermined.

SEC. 20. The Court of General Sessions shall have exclusive jurisdiction over all criminal cases which shall not be otherwise provided for by law. It shall sit in each Judicial District in the State at least three times in each year, at such stated times and places as the General Assembly may direct.

SEC. 21. The qualified electors of each Judicial District shall elect three persons for the term of two years, who shall constitute a District Court which shall have full jurisdiction over roads, highways, ferries, bridges, and in all matters relating to taxes, disbursement of money for District purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective Districts.

SEC. 22. A Court of Probate shall be established in each Judicial District, with jurisdiction in all matters testamentary and of administration, in business appertaining to minors and the allotment of dower in cases of idiocy and lunacy, and persons non compotes mentis. The judge of said Court shall be elected by the qualified electors of the respective. Districts for the term of two years.

SEC. 23. A competent number of the Justices of the Peace and Constables shall be chosen in each District by the qualified electors thereof, in such manner as the General Assembly may direct; they shall hold their offices for a term of two years, and until their successors are elected and qualified. They shall reside in the District, city or beat for which they are elected, and the Justices of the Peace shall be commissioned by the Governor.

SEC. 24. Justices of the Peace, individually, or two or more of them jointly, as the General Assembly may direct, shall have original jurisdiction in cases of bastardy, and in all matters of contract, and actions for the recovery of fines and forfeitures where the amount claimed does not exceed one hundred dollars, and such jurisdiction as may be provided by law in actions ex delicto, where the damages claimed does not exceed one hundred dollars; and prosecution for assault and battery and other penal offences less than felony punisable by fines only.

SEC. 25. They may also sit as examining Courts and commit, discharge or recognize persons charged with offences not capital, subject to such regulations as the General Assembly may provide; they shall also have

power to bind over to keep the peace, or for good behavior. For the foregoing purposes they shall have power to issue all necessary process.

SEC. 26. Every action cognizable before Justices of the Peace instituted by summons or warrant, shall be brought before some Justice of the Peace in the District or city where the defendant resides, and in all such causes tried by them, the right of appeal shall be secured under such rules and regulations as may be provided by law.

SEC. 27. The Judges of Probate, District Court Judges, Justices of the Peace, and Constables, shall receive for their services such compensation and fees as the General Assembly may from time to time by law direct SEC. 28. No person who has arrived at the age of seventy years, shall be appointed or elected to, or shall continue in the office of Judge in this State.

SEC. 29. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.

SEC. 30. There shall be elected in each judicial District, by the electors thereof, one clerk for the Court of Common Pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other Courts of record 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 record, and may authorize the Judge of the Probate Court to perform the duties of clerk for his Court, under such regulations as the General Assembly may direct. Clerks of Courts shall be removeable for such cause, and in such manner as shall be prescribed by law.

SEC. 31. There shall be an Attorney-General for the State, who shall reside at the seat of Government, and shall perform such duties as may be prescribed by law. He shall be elected by a joint vote of both branches of the General Assembly for the term of two years, and shall receive for his services a compensation to be fixed by law.

SEC. 32. There shall be one Solicitor for each circuit, who shall reside therein, to be elected by the qualified electors of the circuit, who shall hold his office for the term of four years, and shall receive for his services a compensation to be fixed by law. In all cases where an Attorney for the State, of any circuit, fails to attend and prosecute, according to law, the Court shall have power to appoint an Attorney pro tempore.

SEC. 33. The qualified electors of each District shall elect a Sheriff, a Coroner, and a District Surveyor, for the term of two years, and until their successors are elected and qualified; they shall be commissioned by the Governor, reside in their respective Districts during their continuance in office, and be disqualified for the office a second time, if it should appear that they or either of them are in default for moneys collected by virtue of their respective offices.

SEC. 34. All writs and process shall run, and all prosecutions shall be conducted in the name of the State of South Carolina; all writs shall be attested by the clerk of the court from which they shall be issued; and all indictments shall conclude against the peace and dignity of the State. SEC. 35. The General Assembly shall provide by law for the speedy publication of the decisions of the Supreme Court made under this Constitution.