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SECTION 3. The Judicial Districts shall hereafter be designated as Counties, and the boundaries of the several Counties shall remain as they are now established, except the County of Pickens, which is hereby divided into two Counties, by a line leaving the southern boundary of the State of North Carolina where the White Water River enters this State, and thence down the centre of said River, by whatever names known, to Ravenel's Bridge, on Seneca River, and thence along the centre of the road leading to Pendleton Village, until it intersects the line of the County of Anderson; and the territory lying east of said line shall be known as the County of Pickens; and the territory lying west of said line shall be known as the County of Oconee; Provided, That the General Assembly shall have the power at any time to organize new Counties by changing the boundaries of any of the old ones; but no new County shall be hereafter formed of less extent than six hundred and twenty-five square miles, nor shall any existing Counties be reduced to a less extent than six hundred and twenty-five square miles. Each County shall constitute one election district.
SECTION 4. The House of Representatives shall consist of one hundred and twenty-four members, to be apportioned among the several counties according to the number of inhabitants contained in each. An enumeration of the inhabitants, for this purpose, shall be made in eighteen hundred and sixty-nine, and again in eighteen hundred and seventy-five, and shall be made in the course of every tenth year thereafter, in such manner as shall be by law directed ; and Representatives shall be assigned to the different counties in the above mentioned proportion, by Act of the General Assembly at the session immediately succeeding every enumeration ; Provided, That until the apportionment, which shall be made upon the next enumeration shall take effect, the representation of the several counties, as herein constituted, shall be as follows:
Abbeville five, Anderson threo, Barnwell six, Beaufort seven, Charleston eighteen, Chester three, Clarendon two, Colleton five, Chesterfield two, Darlington four, Edgefield seven, Fairfield three, Georgetown three, Greenville four, Horry two, Kershaw three, Lancaster two, Laurens four, Lexington two, Marion four, Marlboro two, Newberry three, Oconee two, Orangeburg five, Pickens one, Richland four, Spartanburg four, Sumter four, Union three, Williamsburg three, York 'four.
SECTION 5. If the enumeration herein directed shall not be made in the course of the year appointed for the purpose, it shall be the duty of the Governor to have it effected as soon thereafter as shall be practicable.
SECTION 6. In assigning representatives to the several counties, the General Assembly shall allow one representative to every one hundred and twenty-fourth part of the whole number of inhabitants in the State; Provided, That if in the apportionment of representatives any county shall appear not to be entitled, from its population, to a representative, such county shall nevertheless send one representative; and if there be still a deficiency of the number of representatives required by Section fourth of this Article, such deficiency shall be supplied by assigning representatives to those counties having the largest surplus fractions.
SECTION 7. No apportionment of representatives shall be construed to take effect, in any manner, until the general election which shall succeed such apportionment.
SECTION 8. The Senate shall be composed of one member from each county, to be elected, for the term of four years, by the qualified voters of the State, in the same manner in which members of the House of Representatives are chosen ; except the County of Charleston, which shall be allowed two Senators.
SECTION 9. Upon the meeting of the first General Assembly which shall be chosen under the provisions of this Constitution, the Senators shall be divided, by lot, into two classes, as nearly equal as 'may be; the seats of the Senators of the first class to be vacated at the expiration of two years after the Monday following the general election, and of those of the second class at the expiration of four years; so that, except as above provided, onehalf of the Senators may be chosen every second year.
SECTION 10. No person shall be eligible to a seat in the Senate or House of Representatives who at the time of his election is not a citizen of the United States; nor any one who has not been for one year next preceding his election a resident of this state, and for three months next preceding his election a resident of the county whence he may be chosen, nor any one who has been convicted of an infamous crime. Senators shall be at least twenty-five, and Representatives at least twenty one years of age.
SECTION 11. The first election for Senators and Representatives under the provisions of this Constitution shall be held on the fourteenth, fifteenth and sixteenth days of April, of the present year; and the second election shall be held on the third Wednesday in October, eighteen hundred and seventy, and forever thereafter on the same day in every second year in such manner and at such places as the Legislature may hereafter provide.
SECTION 12. The first session of the General Assembly after the ratification of this Constitution, shall be convened on the second Tuesday of May of the present year in the city of Columbia (which shall remain the seat of government until otherwise determined by the concurrence of two-thirds of both branches of the whole representation), and thereafter on the fourth Tuesday in November annually. Should the casualties of war or contagious diseases render it unsafe to meet at the seat of government, then the
Governor may, by proclamation, appoint a more secure and convenient place of meeting.
SECTION 13. The terms of office of the Senators and Representatives chosen at a general election, shall begin on the Monday following such election.
SECTION 14. Each House shall judge of the election returns and qualifications of its own members; and a majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as may be provided by law.
SECTION 15. Each House shall choose its own officers, determine its rules of proceeding, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause.
SECTION 16. Each House may punish by imprisonment, during its sitting, any person not a member, who shall be guilty of disrespect to the House by any disorderly or contemptuous behavior in its presence; or who, during the time of its sitting, shall threaten harm to body or estate of any member for anything said or done in either House, or who shall assault any of them therefor, or who shall assault or arrest any witness or other person ordered to attend the House, in his going thereto or returning therefrom, or who shall rescue any person arrested by order of the House ; Provided, that such time of imprisonment shall not in any case extend be. yond the session of the General Assembly.
SECTION 17. The members of both Houses shall be protected in 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 privileges shall not be extended so as to protect any member 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 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 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, 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 statement 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; 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 the 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 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.
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, shail, 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 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 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 member or members on the day of election, or if any person chosen a meniber of either House shall refuse to qualify and take his seat, or shall resign, die, depart the State, accept any disqualifying office, 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 he, for the purpose of filling the vacancy thereby occasioned, 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 menibers.
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 Constitution of South Carolina, as ratified by the people on the
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 inay 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 fron attacbment, levy or sale on any mesne or final process issued from
To secure the full enjoyment of said homestead exemption to the person entitled thereto, or to the head of any family, the personal property of such person, of the following character, to wit: household 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 aggregate 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 home