March 2d, 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 amend

ment 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 the members of the General Assembly; and in case a majority of the electors so qualified voting at such election shall decide in favour 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.
GEORGE RYE, Secretary.

J. H. PAINTER, Assistant Secretary.

§ 1. A judge of a Circuit, County or Corporation Court, or a justice in vacation, as well as in term time, may issue process for the apprehension of a person charged with an offence. (Acts 1847-8, p. 129, ch. 15, § 1. Acts 1866-7, p. 922, § 1. 1870, p. 510.

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§ 2. On complaint to any such officer, of a crimi-nal offence, he shall examine on oath the complainant and any other witnesses; and if he sees good reason1 to believe that an offence has been committed, shall issue his warrant reciting the accusation, and requiring the

It is the duty of the justice to consider well and impartially what is sworn to, and not to grant a warrant, without such reasonable cause as might lead a discreet and impartial man to suspect the party guilty, or that there is probable cause to suspect him guilty. 1 Chitty Cr. Law 34; Hawk. P. C, ch. 13, § 18; Mayo's Guide to Mag. 51; 2 Hale 79, 80; Davis Cr.. Law 395.

It is clear, as a general proposition, that a man suspected of a particular offence should not be arrested, unless some person swore, either that he believed him guilty, or to some facts from which it might be reasonably inferred that he was guilty. Rob. Pr. (old edi.) 9. And although there be a positive charge on oath, yet if the magistrate do not give credit to it, he may decline issuing a warrant. Davis' Cr. Law 395.

As to the amount of evidence which the examination should present, in order to authorize the magistrate to grant his warrant, no very definite rule has been or can be laid down. The rule, that where there is a doubt as to the defendant's guilt, he is entitled to the benefit of it, does not apply to these preliminary examinations. It is sufficient if the testimony shows a probable case of guilt on the part of the prisoner. 1 Archb. Cr. Prac. and Pl. top. p. 122, note. He should not regard mere allegation of suspicion, but the grounds of the suspicion-the facts and circumstances must be laid before him; and there should be sufficient to make it appear that a crime has been committed, and that there is probable cause for charging the individual complained of therewith. See 1 Chit. Cr. Law 33; 1 Hale's P. C. 582; 2 Ibid 210; 4 Black. Com. 290; 2 Hawk, P. C. ch. 13, § 18; Dick. Just. Warrant 1. And it is the duty of the magistrate well to consider what is sworn to, and not to grant any warrant groundlessly or maliciously, without such reasonable cause as might lead a discreet and impartial man to suspect the party to be guilty. 1 Chit. Cr. Law 34; 2 Hawk. P. C. ch. 13, § 18.

Where the magistrate acts in bad faith, and grants a warrant against an innocent man, upon an oath of facts and circumstances affording no rational ground of suspicion whatever, he will doubtless subject himself to an action. Ibid.

2 The cause of the arrest should be shown with certainty on the face of the warrant, in order to show the jurisdiction of the magistrate granting it;. otherwise, it would be insufficient. Rex v. Dugger, 5 B. & A. 791: 1 Dea. Cr. Law 46. It cannot be expected, however, nor is it necessary, that magistrate, in framing a warrant, should state the offence with the same