VARIOUS ACTS AND RESOLUTIONS, &c.

CHARTERS.

JOINT RESOLUTION—1836.

147. p.

No. 1.

Resolved, That the Legislature will not in future grant any new Notice before application for Charter or Act of Incorporation, or any extension of a Charter in Charter. an Act of Incorporation previously granted, unless the applicant or applicants for the same, shall have first given three months' public notice, in one or more of the newspapers of this State, in such Districts or Parishes where newspapers are published, and where no newspapers are published, at one or more public places, of his or their intention to make such application, and shall submit, with the same, such satisfactory evidence that such notice had been given. Suspended for Session of 1837.-1837, p. 53.

RESOLUTIONS ON CONSTITUTIONAL QUESTIONS.

JOINT RESOLUTION-1827. p. 44.

No. 2.

The Joint Committee to whom was referred the Resolutions of Second Session the Senate and House of Representatives, directing an inquiry into of the same Legislature a the proper order of business to be pursued at the present Session continuance of of the Legislature, having taken the subject committed to them into the first. consideration, beg leave respectfully to Report:

That finding no prohibition in the Constitution, to the continuance of the business of one session in the succeeding one-and that the Legislature of this State, which convened in November, 1803, under a joint Resolution of the joint Houses, prior to the 4th Monday in that year, took up the unfinished business of the preceding Session, and continued the same to completion, although the same did not take effect till after the 4th Monday. Your Committee have agreed to recommend the adoption of the following Resolution:

That the present meeting of the Legislature, under the joint Resolution of both Branches thereof, on the -day of December, 1826, is a continuance of the Session which commenced on the 4th Monday of November, in that year, and that all business before the Legislature then, is now regularly before them, in the order in which they stood at the time of the adjournment, and may be acted on.

JOINT RESOLUTION-1827. p. 58.

The Joint Committee, to whom' was referred the Resolutions directing an inquiry and report on the proper order of business to

No. 3.

be pursued at the present Session of the Legislature, have had the
same under consideration, and beg leave to Report:

That they do not find any thing in the Constitution which pro-
hibits the continuance of the business of one Session, into the
succeeding one of the same Legislature.

The caption of all Acts, soon after the adoption of the present Constitution, recognizes the second session of the same LegislaSecond Session ture, as a continuance of the first. This is in conformity with of the same Le- what is said to be Parliamentary usage in Great Britain. An adgislature a con. tinuance of the journment is there regarded à continuance, and not a dissolution first. of the body. It is not thought that the Constitution, in making it the duty of the Legislature to meet on the 4th Monday in each year, Business unfi. nished at an Ex- intended to limit their Legislative capacity, so far as to make the tra Session,may second Session a discontinuance of the first. Such has not been be continued after the fourth the construction by previous Legislation. In 1803, the Legislature Monday of No- adjourned over to an earlier day than the 4th Monday in Novem

#ember.

ber, and regarded the Acts of that Session, as one entire Session,
although it ended after the 4th Monday. That all the business of
second Session of each Legislature, is not acted on as unfinished
business, and taken up in statu quo, as a matter of usage or expe-
diency, and not of Constitutional necessity.

If the meeting on the 4th Monday in November, is regarded as a
discontinuance of all the previous acts and doings of the previous
Session of the same Legislature, we would be at a loss to reconcile
the practice of electing our Officers for two years. With such a
construction, we can see no good reason to distinguish between the
recognition at the second Session, of the election of President and
other Officers, and the recognition of other acts and proceedings
which are progressive and unfinished. The Committee therefore
recommend the adoption of the following Resolution:

That the present meeting of the Legislature, under the joint Resolution of both Branches thereof, passed on the 20th day of December, 1826, is a continuance of the Session which commenced on the 4th Monday in November last, and that all business before the Legislature then, is now regularly before them, in the order in which it stood at the time of adjournment, and may be acted on.

No. 4.

RESOLUTION OF SENATE-1828. p. 26.

In the Senate, December 15, 18283 The Committee of the Judiciary, to whom was referred the Resolution of the Senate, to inquire and report to the Senate, whether, in their opinion, the office of Reading Clerk in the Senate, is such an office, as was contemplated by the 12th Section of the first Reading Clerk Article of the Constitution of the State, which Section requires an Officer to be that the Officers of each House of the Legislative Assembly, shall elected by bal

dot.

be elected by ballot, have had the same under consideration, and respectfully Report

That your Committee have given their attention to the words and spirit of the Section in question, and find it difficult to resolve the doubt which has been entertained in the Resolution committed to them. It does appear, that the Constitution intended such Officers as were necessary to the correct organization of a deliberative Assembly. Such, undoubtedly, is the Presiding Officer and the Recording Clerk. But the long continued practice of the Senate, to elect its Door-keeper and Messenger, by ballot, and the Senate having, by their vote, determined the Reading Clerk a necessary Officer, and appropriated a salary for his services, incline to the opinion that he is an Officer within the meaning of the Constitution. They therefore recommend, that the Reading Clerk, hereafter appointed, be elected by ballot.

Resolved, That the Senate do agree to the Report.

In the Senate, December 8, 1828. The Committee on Privileges and Elections, who were instructed to inquire whether the high office of Elector of President and Vice President, is such an office as vacates the seat of a Member of the Senate, if he be elected to, and exercises the duties thereof Report:

That they have taken the subject into consideration, and have come to the conclusion, to recommend the adoption of the following Resolution:

Resolved, That the office of Elector of President and Vice-President of the United States, is not such an office as vacates the seat of a Member of the Senate..

Resolved, That the Senate do concur.

RESOLUTION OF THE SENATE-1827. p. 68.

In the Senate, December 12, 1827.

५

No. 5.

Office of Elector of President and Vice-Presi

dent does not vacate seat.

No. 6.

cessary on 2d

Resolved, That a Bill to alter the Constitution, on the second Two-thirds ne reading, not having a majority of two-thirds of the whole Senate, is lost, and ought not to be sent to the House of Representatives.

About the same time, on a bill to alter the Constitution in relation to the tenure of office by a Judge, a contrary decision was made by the House of Representatives, but not reduced to a formal Resolution, which has been preserved.

.

In 1831, the House of Representatives, on a Bill to divide Pendleton into two Election Districts, decided that a less number than two-thirds of the whole representation agreeing to the bill, at its second reading, could not send it to the Senate; but remarks were made concerning the diffe

reading of Bill

to alter Constitution.

rence in phraseology, which exists between, the article of the original Constitution, concerning Amendments, and the section of the Amendments of 1808, concerning any alteration to be proposed of them.

A diversity of practice exists between the two Houses, as to the ques tion whether a Member can, after having been sworn, resign his seat; but although repeated decisions have been made in the Senate, that a Member can resign, and in the House, that he cannot, no record of any of those decisions is accessible.

See No. 8.

ELECTIONS.

AN ACT TO REGULATE THE PLACE OR PLACES FOR HOLDING GE.
NERAL ELECTIONS FOR MEMBERS OF THE LEGISLATURE, IN
THE ELECTION DISTRICTS IN THIS STATE, AND FOR REPEAL
ING ALL ACTS RELATIVE THERETO.- -1809.

-

p. 60.

Be it enacted, &c. That from and immediately after the passing of this Act, the place or places of holding the General Elections in each Election District, for a Member or Members to serve in either Branch of the Legislature, shall be fixed by a Joint Resolution of the Senate and House of Representatives; any law, usage, or custom, to the contrary hereof, in any wise notwith standing.

Delegation to

Managers.

ACT-1818. p. 40.

That in case of the death, removal from the District, or refusal fill vacancy in to serve, of any Manager or Managers of Election to be made by the people, it shall be the duty of the Delegation in both Branch. es of the Legislature, or a majority of them, to appoint fit and proper persons to fill up such vacancy; which appointment, under the hands of the said Delegation, as aforesaid, shall be a sufficient authority to hold such Election: Provided nevertheless, that nothing herein contained, shall exempt any Manager from such fine as is now imposed by law, for not serving as Manager.

See an Act to ascertain the manner and form of Electing Members to represent the inhabitants of this Province, in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of choosing, or being chosen, Members of the said House. P. L. p. 113. 3 Statutes at Large, p. 135.

An Act to amend the Acts regulating Elections of Members of the Le. gislature, and others, and for other purposes therein mentioned. 1831. ch. 16. p. 37.

By the Constitution of 1778, clause 13, it is provided, that "where

there are no Churches or Church Wardens in a District or Parish, the

House of Representatives, at some convenient time before their expiration, shall appoint places of Election, and persons to receive votes, and make returns." 1 Stat. at Large, p. 140.

JOINT RESOLUTION-1831. p. 55.

No. 8.

Voter.

Resolved, That the two years residence required by the Constitution, in a Voter, are the two years immediately previous to the Residence of Election; and the six months residence in the Election District, are the six months immediately previous to the Election: but if any person has his home in the State, he does not lose the right of residence by temporary absence, with the intention of returning; and if he has his home in the Election District, his right to vote is not impaired by a temporary absence, with the intention of returning. But if one has his home and family in another State, the presence of such a person, although continued for two years in the State, gives no right to vote.

JOINT RESOLUTION-1833. p. 53.

Oath of Mana

Resolved, That the Managers of Election, prior to their proceeding to the Elections, do take the following oath or affirmation, before some Magistrate, or one of the Managers of Election, to wit: gers. "That they will faithfully and impartially carry into execution, the foregoing Elections, agreeably to the Constitution of the State of South Carolina."

Resolved, That in future, no person qualified to vote for Mem- Vote in only bers of each Branch of the Legislature, shall be permitted to vote one`District. in more than one Election District or Parish; and the Managers of Elections throughout this State, are hereby required and directed,

if they think proper, or on the application of any Elector present,

to administer to any person or persons offering to vote, the follow

ing oath: "I, A. B., do solemnly swear or affirm, [as the case may Oath of Voter. be,] that I have not, at this General Election for Members of the Legislature, voted in this or any other District or Parish, and that I am Constitutionally qualified to vote: So help me God." And if any person or persons required, as aforesaid, to take said oath or affirmation, shall refuse to do so, then the Managers respectively, in their respective Election Districts and Parishes, shall be, and they are hereby required and enjoined, to refuse such vote or votes; and in case the Managers shall refuse to require the oath as aforesaid, when demanded, they shall be liable to all the pains and penalties, they would be liable and subject to, for neglecting any other duties required of them, as Managers of Elections for either Branch of the Legislature.

Resolved, That the two years residence required by the Consti