State debt; and every law hereafter enacted by the general assembly, creating a debt or authorizing a loan, shall provide a sinking fund for the payment of the same. SEC. 9. The unfunded debt shall not be funded or redeemed at a value excceding that established by law at the time said debt was contracted, nor shall any discrimination hereafter be made in paying the interest on State bonds, which shall give a higher actual value to bonds held in foreign countries, over the same class of bonds held in this country. SEC. 10. No money shall be paid out of the State treasury except in pursuance of appropriations made by law; and no-appropriation shall ever be made for the payment of any debt or obligation created in the name of the State of Virginia, by the usurped and pretended State authorities assembled at Richmond during the late war; and no county, city or corporation shall levy or collect any tax for the payment of any debt created for the purpose of aiding any rebellion against the State, or against the United States. SEC. 11. On the passage of every act which imposes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the State, the vote shall be determined by ayes and noes, and the names of the persons voting for and against the same shall be entered on the journals of the respective houses, and a majority of all the members elected to each house shall be necessary to give it the force of a law. SEC. 12. The credit of the State shall not be granted to, or in aid of, any person, association or corporation. SEC. 13. No scrip, certificate or other evidence of State indebtedness shall be issued except for the redemption of stock previously issued, or for such debts as are expressly authorized in this constitution. SEC. 14. The State shall not subscribe to, or become interested in, the stock of any company, association or corporation. SEC. 15. The State shall not be a party to, or become interested in, any work of internal improvement, nor engage in carrying on any such work, otherwise than in the expenditure of grants to the State of land or other property. SEC. 16. Every law which imposes, continues or revives a tax, shall distinctly state the tax, and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object. SEC. 17. The State shall not assume any indebtedness of a county, borough or city, nor lend its credit to the same. SEC. 18. A full account of the State indebtedness, and an accurate statement of receipts and expenditures of the public money, shall be attached to, and published with, its laws passed at every regular session of the general assembly. SEC. 19. The general assembly shall provide by law for adjusting with the State of West Virginia the proportion of the public debt of Virginia, proper to be borne by the State of Virginia and West Virginia, and shall provide that such sum as shall be received from West Virginia shall be applied to the payment of the public debt of the State. SEC. 20. No other or greater amount of tax or revenue shall at any time be levied than may be required for the necessary expenses of the government, or to pay the existing indebtedness of the State. SEC. 21. The liability to the State of any incorporate company or institution to redeem the principal and pay the interest of any loan heretofore made by the State to such company or institution, shall not be released or commuted. USURY. Upon debts hereafter contracted it shall be lawful to receive any rate of interest, not exceeding twelve per centum per annum, which may be agreed upon by the parties and be specified in the bond, note, or other writing evidencing the debt. When there is no such agreement, the rate of interest shall be six per centum per annum for the use and forbearance of every hundred dollars. ARTICLE XI. Miscellaneous provisions. HOMESTEAD AND OTHER EXEMPTIONS. SECTION 1. Every householder or head of a family shall be entitled, in addition to the articles now exempt from levy or distress for rent, to hold exempt from levy, seizure, garnisheeing or sale, under any execution, order or other process, issued on any demand for any debt heretofore or hereafter contracted, his real and personal property, or either, including money and debts due him, whether heretofore or hereafter acquired or contracted, to the value of not exceeding two thousand dollars, to be selected by him: Provided, That such exemption shall not extend to any execution, order or other process on any demand, in the following cases: 1. For the purchase price of said property, or any part thereof. 2. For services rendered by a laboring person or a mechanic. 3. For liabilities incurred by any public officer, or officers of a court, or any fiduciary, or any attorney at law, for money collected. 4. For a lawful claim for any taxes, levies or assessments accruing after the 1st day of June, 1866. 5. For rent hereafter accruing. 6. For the legal or taxable fees of any public officer, or officers of a court, hereafter accruing. SEC. 2. The foregoing section shall not be construed as subjecting the property hereby exempted, or any portion thereof, to any lien by reason of any execution levied on property which has been subsequently restored to the defendant, or judgment rendered or docketed on and after the 17th day of April, 1861, and before the 2d day of March, 1867, for any debts contracted previous to the 4th day of April, 1865, except debts of the character mentioned in either of the above first three exceptions. SEC. 3. Nothing contained in this article shall be construed to interfere with the sale of the property aforesaid, or any portion thereof, by virtue of any mortgage, deed of trust, pledge or other security thereon. SEC. 4. The general assembly is hereby prohibited from passing any law staying the collection of debts, commonly known as "stay laws;" but this section shall not be construed as prohibiting any legislation which the general assembly may deem necessary to fully carry out the provisions of this article. SEC. 5. The general assembly shall, at its first session under this constitution, prescribe in what manner and on what conditions the said householder or head of a family shall thereafter set apart and hold, for himself and family, a homestead out of any property hereby exempted, and may, in its discretion, determine in what manner and on what conditions he may thereafter hold, for the benefit of himself and family, such personal property as he may have, and coming within the exemption hereby made. But this section shall not be construed as authorizing the general assembly to defeat or impair the benefits intended to be conferred by the provisions of this article. SEC. 6. An act of the general assembly, entitled "An act to exempt the home. steads of families from forced sales," passed April 29th, 1867, and an act entitled "An act to stay the collection of debts for a limited period," passed March 2, 1866, and the acts amendatory thereof, are hereby abrogated. SEC. 7. The provisions of this article shall be construed liberally, to the end that all the intents thereof may be fully and perfectly carried out. CHURCH PROPERTY. The rights of ecclesiastical bodies in and to church property conveyed to them by regular deed of conveyance, shall not be affected by the late civil war, nor by any antecedent or subsequent event, nor by any act of the legislature purporting to govern the same, but all such property shall pass to, and be held by, the parties set forth in the original deeds of conveyance, or the legal assignees of such original parties holding through or by conveyance, and any act or acts of the legislature, in opposition thereto, shall be null and void. HEIRSHIP OF PROPERTY. The children of parents, one or both of whom were slaves at and during the period of cohabitation, and who were recognized by the father as his children, and whose mother was recognized by such father as his wife, and was cohabited with as such, shall be as capable of inheriting any estate whereof such father may have died seized or possessed, as though they had been born in lawful wedlock. ARTICLE XII. Future changes in the constitution. Any amendment or amendments to the constitution may be proposed in the senate and house of delegates; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the ayes and noes taken thereon, and referred to the general assembly to be chosen at the next general election of senators and members of the house of delegates, and shall be published for three months previous to the time of making such choice. And if in the general assembly, so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner and at such times as the general assembly shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly voting thereon, such amendment or amendments shall become part of the constitution. At the general election to be held in the year 1888, and in each twentieth year thereafter, and also at such time as the general assembly may by law provide, the question, "Shall there be a convention to revise the constitution and amend the same?" Shall be decided by the electors qualified to vote for members of the general assembly; and in case a majority of the electors so qualified voting at such election shall decide in favor of a convention for such purpose, the general assembly, at its next session, shall provide by law for the election of delegates to such convention: Provided, That no amendment or revision shall be made which shall deny or in any way impair the right of suffrage, or any civil or political right as conferred by this constitution, except for causes which apply to all persons and classes without distinction. Attest: JOHN C. UNDERWOOD, President. J. H. PAINTER, Assistant Secretary. SCHEDULE. That no inconvenience may arise from the changes in the constitution of this State, and in order to carry the same into complete operation, it is hereby declared that SECTION 1. The common law and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitation, or are altered or repealed by the legislature. SEC. 2. All writs, actions, causes of action, prosecutions and rights of individuals, and of bodies corporate, and of the State, and all charters of incorporation, shall continue; and all indictments which shall have been found, or which may hereafter be found, for any crime or offence committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both in law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department of this constitution. SEC. 3. That all fines, penalties, forfeitures, and escheats accruing to the State of Virginia, under the present constitution and laws, shall accrue to the use of the State under this constitution. SEC. 4. That all recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Virginia, to any State, county or township, or any public officer or public body, or which may be entered into or executed, under existing laws, "to the people of the State of Virginia," to any such officer or public body before the complete organization of the departments of government under this constitution, shall remain binding and valid; and rights and liabilities upon the same shall continue, and may be prosecuted as provided by law. And all crimes and misdemeanors, and penal actions, shall be tried, punished and prosecuted, as though no change had taken place, until otherwise provided by law. ELECTION ORDINANCE. AN ORDINANCE concerning the election for ratification of this constitution, and for State officers and members of Congress. SECTION 1. Be it ordained by the people of Virginia, in convention assembled, That the constitution adopted by this convention be submitted for ratification on Tuesday, the 2d day of June, 1868, to the voters of this State, registered and qualified in compliance with the acts of Congress known as the reconstruction acts. The vote on said constitution shall be "for the constitution," or "against the constitution." The said election shall be held at the same places where the election for delegates to this convention was held, and under the regulations to be prescribed by the commanding general of this military district, and the returns made to him as directed by law. SEC. 2. An election shall be held at the same time and places for members of the general assembly and for all State officers to be elected by the people under this constitution; the said election for State officers shall be conducted under the same regulations as the election for the ratification of the constitution and by the same persons. The returns of this election shall be made in duplicate, one copy to the commanding general and one copy to the president of this convention, who shall give certificates of election to the persons elected. The officers elected shall enter upon the duties of the offices for which they are chosen as soon as elected and qualified, in compliance with the provisions of this constitution, and shall hold their respective offices for the term of years prescribed by the constitution, counting from the 1st day of January next, and until their successors are elected and qualified. Ex. Doc. 54- -3 SEC. 3. An election for members of the United States Congress shall be held in the congressional districts as established by this convention, one member of Congress being elected in the State at large, at the same time and places as the election for State officers; said election to be conducted by the same persons and under the same regulations before mentioned in this ordinance; the returns to be made in the same manner provided for State officers. SEC. 4. The general assembly elected under this ordinance shall assemble at the capitol, in the city of Richmond, on Wednesday, the 24th day of June, 1868. SEC. 5. The commanding general is requested to enforce this ordinance. CONGRESSIONAL APPORTIONMENT. Be it ordained by the people of Virginia in convention assembled, that the following-named counties shall compose the respective congressional districts: The counties of Accomac, Northampton, Northumberland, Richmond, Westmoreland, Essex, Lancaster, Middlesex, King and Queen, King William, Gloucester, Mathews, York, James City, city of Williamsburg, Elizabeth City, Warwick, King George and Caroline, with a population of 151,295, shall form the first congressional district. The counties of Princess Anne, Norfolk city, Norfolk county, city of Portsmouth, Nansemond, Southampton, Greenesville, Sussex, Surry, Dinwiddie, city of Petersburg, Prince George, Isle of Wight and Nottoway, with a population of 150,584, shall form the second congressional district. The counties of Charles City, Henrico, city of Richmond, Hanover, Chesterfield, Goochland, Powhatan, Amelia, Cumberland, and New Kent, with a population of 149,021, shall form the third congressional district. The counties of Brunswick, Mecklenburg, Lunenburg, Charlotte, Halifax, Pittsylvania, Franklin, Patrick and Henry, with a population of 160,730, shall form the fourth congressional district. The counties of Greene, Albemarle, Fluvanna, Nelson, Buckingham, Amherst, Appomattox, Bedford, Campbell, Prince Edward, and the city of Lynchburg, with a population of 155,490, shall form the fifth congressional district. The counties of Frederick, city of Winchester, Clarke, Warren, Page, Shenandoah, Rockingham, Augusta, town of Staunton, Highland, Bath, Botetourt, Allegheny, and Rockbridge, with a population of 146,824, shall form the sixth congressional district. The counties of Alexandria, Fairfax, Prince William, Fauquier, Stafford, Rappahannock, Culpeper, Spotsylvania, town of Fredericksburg, Orange, Louisa, Loudoun and Madison, with a population of 158,295, shall form the seventh congressional district. The counties of Montgomery, Giles, Pulaski, Wythe, Bland, Tazewell, Smyth, Washington, Russel, Scott, Lee, Wise, Buchanan, Grayson, Carroll, Floyd, Craig, and Roanoke, with a population of 147,679, shall form the eighth congressional district. And there shall be one member of Congress elected by the State at large. This ordinance shall be in force from its passage, and may be altered or repealed by the legislature. Attest: JOHN C. UNDERWOOD, President. J. H. PAINTER, Assistant Secretary. I certify that this is a true copy of the constitution as adopted, and ordered to its engrossment. EDGAR ALLAN, Chairman, Committee on Engrossment. |