Year: 1868

g., THURSDAY.
ton of this constitution, SHALL by law, provide for
the case of removal death, resignation or inability
both of the Governor and Lieutenant Governor,
declaring what officer shall then act as Governor,
and such officer shall act accordingly, untsuch dis
ability shall have beon removed, or Governor
shall have been elected.


/ Section TO- The Governor shall be commander
in-chief of the militia of the State except when
thew shall be called into the actual service of the


Section II. He shall have power to grant re-
prieves and pardons after conviction Except in
cases of impeachment) in such manner, on such
terms, and under such restrictions as he shall think
proper and he shall have power to remit fines
and forfeitures unless otherwise directed by law
It shall be his duty to report to the General As
sembly at the next regular session thereafter. all
pardons granted by him, with a full statement of
each case, and the reasons moving him thereunto


Section H. He shall take care that the laws be
faithfully executed in mercy


| Section l3 The Governor and Lieutenant Gov
ernor SHALL at stated times, receive for their ser
vices compensation which shall be neither in
creased nor diminished during the period for which
they shall have been elected


! Section H. All officers in the Executive Depart
ment shall, when required by the Governor, give
him information in writing upon any subject rela-
ting to the duties Of their respective Offices.


Section l5 The Governor shall, from time 10
time, give to the General Assembly information of
the condition Of the State and recommend to their
consideration such measures as he shall judge ne
cessary or expedient-


Section l6; He may, on extraordinary OCCASIONS
convene the General Assembly and should either
House remain without quorum for five days, or
in case Of disagreement between the two Houses
with respect to the time of ofadjournment, may ad-
joum them to such time as he shall think proper
not beyond the time of the annual session then next
ensuing


Section IT. He shall commission all officers of
the State.


Section 1s. There shall be Seal of the State,
for which the General Assembly at its first session.
shall provide and which shall be used by the Gov,
ernor officially and shall be called 1.-THE Great Seal
of the State Of South Carolina"
| Section l9. All grants and commissions shall be
issued in the name and by the authority OF the
State of South Carolina sealed with the Great
Seal, signed by the Governor and counterslgned
by the Secretary Of State.


Section 20. The Governor and Lieutenant. Gov
ernor before entering upon the duties OF their res
pectiVe Offices shall take and subscribe the oath OF
Office as prescribed in article two, section thirty
one of this constitution.
Section 81. The Governor shall reside at the
capitol of the State but during the sttings of the
General Assembly he shall reside where its sessions
are held, except in case of contagion.


Section %. Every bill or joint resolution which
shall have passed the General Assembly, except
on question of adjournment, shall. before it be-
comes law, be presented to the Governor, and,
if he approve, he shall sign it; if not he shall re-
turu it, with his objections, to the House in which
it shall have originated; which shall enter the OBJ
ections at large on its Journals and proceed to re-
consider it. If, after such reconsideration, two,
thirds of the House shall agree to pass it, it shall
be SENT together with the objections to the other
House, by which it shall be reconsidered and, it
approved by two-thirds Of that House, it shall
have the same effect as if it had been signed by the
Governor; but in all such cases the vote of both
Houses shall be taken by yeas and nays, and the
names of the persons voting tor and against the
bill or joint resolution, shall be entered on the jour
nails of both Houses respectively If bill or joint
resolution shall not be returned by the Governor
within three days after it shall have been presen-
ted to him, Sundays excepted, it shall have the
same force and effect as if he had signed it, unless
the General Assembly, by their adjournment, pre-
vent its return in which case it shall not have such
force and effect unless returned within two days
after their next meeting.


Section g. There shall be elected, by the quail
fed voters of the State, Comptroller General, q
Treasurer, and Secretary Of State, who shall hold
their respective Offices for the term OF four years,
and whose duties and compensation shall be pre-
scribed by law.


= ARTICLE ".


JUDICIAL DEPARTMENT


Section !. The judicial power of this State shall
be vested in Supreme Court, ann two Circuit
| - .r;1, Ho,rk &c Ho,nroop pleas having
civil Jurisdiction, and Court of General Sessions,
with criminal jurisdiction only, in Probate Courts,
and in Justices of the Peace The General As
sembly may also establish such Municipal and 9TH
er inferior Courts as may be deemed necessary


Section 2. The Supreme Court shall consist OF
Chief Justice and two Associate Justices, two OF
! whom shall constitute quorum. They shall be
elected by 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 They shall be so classified that one OF
the Justices shall 60 out of Office every two years.


Section 8. The Chief Justice elected, under this
constitution shall continue in Office for SIX years,
and the General Assembly, Immediately after the
said election, shall determine, by lot which of the
two Associate Justices elect shall serve tor the
term of two years, and which for the term OF four
years; and having so determined the same, 1t snail
be the duty of the Governor to commission them
accordingly
Section 4. The Supreme Court shall have ap;
pellate Jurisdiction only in cases of Chancery and
shall constitute court for the correction OF errors
at law, under such regulations as the Genera AS;
sembly may by law prescribe Pfou'ded, Ihe SAID
court shall always have power to issue Wrlts OF IN
functions nandamus, quo 1od7Tanto, hd6eas cor
pus, and such other original and remedial Writs as
may be necessary to give it general supervisory
control over all other courts in the State. =,
Section s. 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. .,


Section 5. No judge shall preside on the trla Of
any cause in the event Of which he may be Inter
ested or where either of the parties shal! be con-
nected with him by affinity or consangmnIty, with
in 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 par
ties. In case all or any OF the Judges OF the oo'
preme Court shal.be thus disqualified from presi'
ding on any cause or causes, the court or the judges
thereof, shall certify the same to the Governor o1
the State, and he shall Immediately commission,
specially, the requisite number OF men learned II
the law for the trial and determination thereof
The same course shall be pursued in the Circuit
and Inferior Courts as is prescribed In this section
, for cases of the Supreme Court.


n Section 7. There shall be appointed, by the
Judges of the Supreme Court, a reporter and
clerk Of said court who shall hold their offices 70,
! two wears, and whose duties and compensation
= shall be prescribed by law,
L. N ind Or