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Senate shall preside, and in all other cases of impeachment, the Lieutenant-Governor, or the President of the Senate, shall preside; and in a case requiring the Chief Justice, or the senior Judge, to preside, notice shall be given to him by the presiding officer of the Senate, of the time and place fixed for the consideration of the articles of impeachment, as aforesaid, with a request to attend; and the Chief Justice, or the senior Judge, shall preside over the Senate during the consideration of said articles, and upon the trial of the person impeached therein.

V. The presiding officer shall have power to make and issue, through the Clerk of the Senate, all orders, mandates, writs and precepts authorized by these Rules, or by the Senate, and to make and enforce such other regulations and orders in the premises, as the Senate may authorize or provide.

VI. The Senate shall have power to compel the attendance of witnesses, to enforce obedience to its orders, mandates, writs, precepts and judgments, to preserve order, and to punish, in a summary way, contempts of, and disobedience to, its authority, orders, mandates, writs, precepts or judgments, and to make all lawful orders, rules and regulations which it may deem essential or conducive to the ends of justice. And the Sergeant-at-Arms, under the direction of the Senate, may employ such aid and assistance as may be necessary to enforce, execute and carry into effect, the lawful orders, mandates, writs and precepts of the Senate.

VII. The presiding officer of the Senate shall direct all necessary preparations in the Senate Chamber, and the presiding officer of the trial shall direct all the forms of proceeding while the Senate are sitting for the purpose of trying an impeachment; and all forms, during the trial, not otherwise specially provided for, and the presiding officer of the trial may rule all questions of evidence, and incidental questions, which ruling shall stand as the judgment of the Senate, unless some member of the Senate shall ask that a formal vote be taken thereon ; in which case ii shall be submitted to the Senate for decision ; or he may, at his option, in the first instance, submit any such question to a vote of the members of the Senate.

VIII. Upon the presentation of Articles of Impeachment and the organization of the Senate, as herein before provided, a writ of summons shall issue to the accused, reciting said articles, and notifying him to appear before the Senate, upon a day, and at a place to be fixed by the Senate, and named in such writ, and file his answer to said articles of impeachment, and to stand to and abide the orders and judgments of the Senate thereon ; which writs shall be served by such officer or person as shall be named in the precept thereof, such number of days prior to the day fixed for such appearance as shall be named in such precept, either by the delivery of an attested copy thereof to the person accused, or, if

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that cannot conveniently be done, by leaving such copy at the last known place of abode of such person, or at his usual place of business, in some conspicuous place therein; or, if such service shall be, in the judgment of the Senate, impracticable, notice to the accused to appear shall be given in such other manner, by publication or otherwise, as shall be deemed just; and if the writ aforesaid shall fail of service in the manner aforesaid, the proceedings shall not thereby. abate, but further service may be made in such manner as the Senate shall direct. If the accused, after service, shall fail to appear, either in person or by attorney, on the day so fixed therefor, as aforesaid, or, appearing, shall fail to file his answer to such articles of impeachment, the trial shall proceed, nevertheless, as upon a plea of not guilty. If a plea of guilty shall be entered, judgment may be entered thereon, without further proceedings.

IX. At twelve o'clock and thirty minutes, afternoon of the day appointed for the return of the summons against the person impeached, the Legislative and Executive business of the Senate shall be suspended, and the Clerk of the Senate shall administer an oath to the returning officer in the form following, viz: “I,

do solemnly swear that the return made by me upon

the
process
issued

day of , by the Senate of South Carolina, against

is truly made, and that I have performed such service as therein described. So help me God.” Which oath shall be entered at large on the records.

X. The person impeached shallthen be called to appear and answer the articles of impeachment against him. If he appear, or any person for him, the appearance shall be recorded, stating particularly if by himself or by agent or by attorney, naming the person appearing, and the capacity in which he appears. If he do not appear, either personally or by agent or by attorney, the same shall be recorded.

XI. At twelve o'clock and thirty minutes, afternoon of the day appointed for the trial of the impeachment, the Legislative and Executive business of the Senate shall be suspended, and the Clerk shall give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment of

in the Senate Chamber, which Chamber is prepared with accommodations for the reception of the House of Representatives.

XII. The hour of assembling on the day at which the Senate shall sit upon the trial of an impeachment, shall be (unless otherwise ordered) twelve o'clock M., and when the hour for such sitting shall arrive, the presiding officer of the Senate shall so announce; and thereupon the presiding officer upon such trial shall cause proclamation to be made, and

, the business of the trial shall proceed. The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate; but

on such adjournment the Senate shall resume the consideration of the legislative and executive business.

XIII. The Clerk of the Senate shall record the proceedings in cases of impeachment as in the case of legislative proceedings, and the same shall be reported in the same manner as the legislative proceedings of the Senate.

XIV. Counsel for the parties shall be admitted to appear, and be heard upon an impeachment.

XV. All motions made by the parties, or their counsel, shall be addressed to the presiding officer, and if he, or any Senator, shall require it, they shall be committed to writing and read at the Clerk's table.

XVI. Witnesses shall be examined by one person, on behalf of the party producing them, and then cross-examined by one person on the other side.

XVII. If a Senator is called as a witness he shall be sworn and give his testimony standing in his place.

XVIII. If a Senator wishes a question put to a witness, or to offer a motion or order, (except a motion to adjourn), it shall be reduced to writing, and put by the presiding officer.

XIX At all times, while the Senate is sitting upon the trial of an impeachment, the doors of the Senate shall be kept open, unless the Senate shall direct the doors to be closed while deliberating upon its decisions.

XX. All preliminary or interlocutory questions, and all motions, shall be argued for not exceeding one hour on each side, unless the Senate shall, by order, extend the time.

XXI. The case, on each side, shall be opened by one person. The final argument on the merits may be made by two persons, on each side, (unless otherwise ordered by the Senate, upon application for that purpose), and the argument shall be opened and closed on the part of the House of Representatives.

XXII. On the final question, whether the impeachment is sustained, the yeas and nays shall be taken on each article of impeachment separately; and if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of the members present, a judgment of acquittal shall be entered ; but if the person accused in such articles of impeachment shall be convicted upon any of said articles by the votes of two-thirds of the members present, the Senate shall proceed to pronounce judgment; and a certified copy of such judgment shall be deposited in the office of the Secretary of State.

XXIII. All orders and decisions shall be made and had hy yeas and nays, which shall be entered upon the record, and without debate ; subject, however, to the operation of Rule VII, except when the doors shall be closed for deliberation; and, in that case, no member shall speak more than once on one question, and for not more than ten minutes on any interlocutory question, and for not more than fifteen minutes on the final question, unless by consent of the Senate, to be had without debate; but a motion to adjourn may be decided without the yeas and nays, unless they be demanded by one-fifth of the members present.

XXIV. Witnesses shall be sworn in the following form, namely: “ You,

do swear (or affirm, as the case may be,) that the evidence you shall give in the case now pending between the State of South Carolina and

shall be the truth, the whole truth, and nothing but the truth: So help you God.” Which oath shall be administered by the Clerk, or any other duly authorized person.

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FORM OF SUBPENA TO BE ISSUED

On the application of the Managers of the impeachment, or of the party

impeached, or of his counsel. То

; greeting : You and each of you are commanded to appear before the Senate of South Carolina, on the

day of

at the Senate Chamber, in the city of Columbia, then and there to testify your knowledge of the case which is before the Senate, in which the House of Representatives have impeached

Fail not. Witness,

and presiding officer of the Senate, at the city of Columbia, this

day of

-, in the year of our Lordand the independence of the United States the

.

FORM OF DIRECTION FOR THE SERVICE OF SAID SUBPENA.

The Senate of the State of South Carolina, greeting :

You are hereby commanded to serve and return the within subpæna according to law. Dated at Columbia, this

in the year of our Lord and of the independence of the United States the -

day of

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Clerk of the Senate.

FORM OF OATH

To be administered to the members of the Senate, sitting in the trial of

impeachment.

I solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of

, now pending, I will do impartial justice, according to the Constitution and the laws : So help me God.

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FORM OF SUMMONS
To be issued and served upon the person impeached.
THE STATE OF SOUTH CAROLINA, 88.
The Senate of South Carolina to

greeting : Whereas, the House of Representatives of the State of South Carolina did, on the

day of

exhibit to the Senate articles of impeachment against you, the said , in the words following:

[Here insert the Articles.] And demand that you, the said are therefore hereby summoned to be and appear before the Senate of South Carolina, at their Chamber, in the city of Columbia, on the day of - at twelve o'clock and thirty minutes, afternoon, then and there to answer to said articles of impeachment, and then and there to abide by, obey, and perform such ord directions and judgments as the Senate of South Carolina shall make in the premises, according to the Constitution and laws of the State. Hereof you are not to fail. Witness,

and presiding officer of the said Senate, at the city of Columbia, this day of in the year of our Lord and of the independence of the United States the

FORM OF PRECEPT TO BE ENDORSED ON SAID WRIT OF SUMMONS.
THE STATE OF SOUTH CAROLINA, 88.
The Senate of South Carolina to

gree ing : You are commanded to deliver to and leave with veniently to be found, if not, to leave at his usual place of abode, or at his usual place of business, in some conspicuous place, a true and attested copy of the written writ of summons, together with a true copy of this precept; and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in said writ of summons.

Fail not, and make return of this writ of summons and precept, with your proceedings thereon endorsed, on or before the appearance day mentioned in the said writ of summons.

Witness and presiding officer of the Senate, at the city of Columbia, this

day of
in the year of our Lord

and of the independence of the United States the

All process shall be served by the Sergeant-at-Arms of the Senate, unless otherwise ordered by the Senate

XXV. If the Senate shall at any time fail to sit for the consideration of articles of impachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration.

Ordered for consideration to-morrow, and to be printed.

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