Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1895-12-18

course, room for more. Among other
things, it has been practically decided
that after a homestead was laid off to the
head of a family, such head Of family
had only temporary title to it, and if
the conditions that made the claimant the
head of a family should be changed.
the property was subject to seizure. The
homestead title is now absolute, and the
party to whom it is made can do with it as
he or she pleases. If both husband and
wife are living, however, mortgage or sale
of the property requires joint convey
ance.
"Under the old constitution, it seems to
be doubtful as to whether defendant
had a right to demand and obtain trial
by jury in cases of offense against muni-
cipal ordinances. The question has been
settled effectually by giving the defendant
such right. Upon demand, he can secure
a Jury of not less than six, all Of whom
must agree to verdict. Heretofore, all
that was required of juror was that he
be of good moral character Hereafter he
must also be a qualified elector.
"The old constitution is somewhat con-
fusing on the subject of judges charging
a Jury. 1t is said that the judge should
state the testimony and declare the law.
Under this provision, the judge could,
and sometimes did, state the testimony in
such a way as to give the attorney on one
side or the other serious grounds for COM
plaint This has been changed. Here
after only the lawyer will have the right
to review the testimony. Judges, in their
charges, must confine themselves strictly
to declaring the law.
In the synopsis published in THE EN-
QUIRER, it was stated that the heirs of q
victim of lynchers could recover $1,000
The constitution provides not less than
81, 900. There is no limit to the amount
recoverable above that sum. All that is
necessary is to prove the fact that the
lynching was committed, and the jury
will fix the amount of exemplary dam
ages at whatever sum it may see fit, from
from $,OOOup. The trial ofthe officer who
permits lynching may not take place
in his own county but must be removed
to some other county, to be selected by
the attorney general, in the same judicia
district.
"There will be no more county or town
ship subscriptions to railroads. They are
peremptorily prohibited.
"And the litigation over the rights o.
married women is at an end. There have
been so many conflicting decisions under
the old constitution, that the law was il
doubt. If married woman gave a mort
gage or went security, and it could bt
proved that the money was not used fol
her own separate estate, it could not be
collected. Such will be no longer the
case. A married woman can do with hel
property as she pleases, and 60 security
or give valid mortgage the same as any
body else.
"There are quite a number Of Other
things that l might mention," concluded
Mr.. Brice; "but do not think that
could explain them in such way as te
make them ofinterest to those whom yor
newspaper men designate as general read
ers.' They would involve good deal o.
talk, and not a few confusing technicali-
ties. However, OH might say that before
the convention adjourned, it passed an
ordinance providing that the Legislature
at its next session, should make provision
for the payment Of the managers anc
commissioners who served in the recent
election for delegates and you might alst
say that the new constitution goes into
effect on the first day of January, 1896"