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Sec. 40. The Louisville Chancery Court shall exist under this Constitution, subject to repeal, and its jurisdiction to enlargement and modification by the General Assembly. The Chancellor, shall have the same qualifications as a Circuit Court Judge, and the Clerk of said Court as a Clerk of a Circuit Court, and the Marshal of said Court as a Sheriff; and the General Assembly shall provide for the election, by the qualified voters within its jurisdiction, of the Chancellor, Clerk, and Marshal of said Court, at the same time that the Judge and Clerk of the Circuit Court are elected for the county of Jefferson, and they shall hold their offices for the same time, and shall be removable in the same manner: Provided, that the Marshal of said Court shall be ineligible for the succeeding term,

Sec. 41. The City Court of Louisville, the Lexington City Court, and all other Police Courts established in any city or town, shall remain until otherwise directed by law, with their present powers and jurisdictions; and the Judges, Clerks, and Marshals of such Courts shall have the same qualifications, and shall be elected by the qualified voters of such cities or towns, at the same time, and in the same maner, and hold their offices for the same term as County Judges, Clerks, and Sheriff's, respectively, and shall be liable to removal in the same

The General Assembly may vest judicial powers, for police purposes, in Mayors of cities, Police Judges, and Trustees of towns.

ARTICLE V.- Concerning Impeachments. Sec. 1. The House of Representatives shall have the sole power of impeachment.

Sec. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present.

Sec. 3. The Governor and all civil officers, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit, under this Commonwealth; but the party convicted shall, nevertheless, be subject and liable to indictment, trial, and punishment by law. ARTICLE VI.— Concerning Executive and Ministerial Officers for

Counties and Districts. Sec. 1. A Commonwealth's Attorney for each judicial district, and a Circuit Court Clerk for each county, shall be elected, whose term of office shall be the same as that of the Circuit Judges; also, a County Court Clerk, an Attorney, Surveyor, Coroner, and Jailer, for each county, whose term of office shall be the same as that of the Presiding Judge of the County Court.

Sec. 2. No person shall be eligible to the offices mentioned in this article, who is not at the time twenty four years old, (except Clerks

No person

of County and Circuit Courts, Sheriffs, Constables, and County Attorneys, who shall be eligible at the age of twenty-one years,) a citizen of the United States, and who has not resided two years next preceding the election, in the State, and one year in the county or district for which he is a candidate. No person shall be eligible to the office of Commonwealth's or County Attorney, unless he shall have been a licensed practicing attorney for two years. shall be eligible to the office of Clerk unless he shall have procured from a Judge of the Court of Appeals, or a Judge of the Circuit Court, a certificate that he has been examined by the Clerk of his Court, under his supervision, and that he is qualified for the office for which he is a candidate.

Sec. 3. The Commonwealth's Attorney and Circuit Court Clerk shall be elected at the same time as the Circuit Judge—the Commonwealth's Attorney by the qualified voters of the district, the Circuit Court Clerk by the qualified voters of the county. The County Attorney, Clerk, Surveyor, Coroner, and Jailer, shall be elected at the same time, and in the same manner, as the Presiding Judge of the County Court.

Sec. 4. A Sheriff shall be elected in each county, by the qualified voters thereof, whose term of office shall, after the first term, be two years, and until his successor be qualified; and he shall be re-eligible for a second term; but no Sheriff shall, after the expiration of the second term, be re-eligible, or act as deputy, for the succeeding term. The first election of Sheriff shall be on the second Monday in May, 1851 ; and the Sheriffs, then elected, shall hold their offices until the first Monday in January, 1853, and until their successors be qualified; and on the first Monday in August, 1852, and on the first Monday of August in every second year thereafter, elections for Sheriffs shall be held: Provided, that the Sheriffs first elected, shall enter upon the duties of their respective offices on the first Monday in June, 1851, and after the first election on the first Monday in January next succeeding their election.

Sec. 5. A Constable shall be elected in every Justice's District, who shall be chosen for two years, at such time and place as may be provided by law, whose jurisdiction shall be co-extensive with the county in which he may reside.

Sec. 6. Officers for towns and cities shall be elected for such terms, and in such manner, and with such qualifications, as may be prescribed by law.

Sec. 7. Vacancies in offices under this article shall be filled, until the next regular election, in such manner as the General Assembly may provide.

Sec. 8. When a new county shall be erected, officers for the same, to serve until the next stated election, shall be elected, or appointed in such way and at such times as the General Assembly may prescribe. Sec. 9. Clerks, Sheriffs, Surveyors, Coroners, Constables, ånd Jail

ers, and such other officers as the General Assembly may, from time to time require, shall, before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law.

Sec. 10. The General Assembly may provide for the election or appointment, for a term not exceeding four years, of such other county or district ministerial and executive offices as shall, from time to time, be necessary and proper.

Sec. 11. A County Assessor shall be elected in each county at the same time and for the same term that the Presiding Judge of the County Court is elected, until otherwise provided for by law. He shall have power to appoint such assistants as may be


and proper.

ARTICLE VII.—Concerning the Militia. Sec. 1. The Militia of this Commonwealth shall consist of all free, able-bodied male persons (negroes, mulattoes, and Indians excepted,) resident in the same, between the ages of eighteen and forty-five years; except such persons as now are, or hereafter may be, exempted by the laws of the United States or of this State; but those who belong to religious societies, whose tenets forbid them to carry arms, shall not be compelled to do so, but shall pay an equivalent for personal services.

Sec. 2. The Governor shall appoint the Adjutant General, and his other staff officers; the Major Generals, Brigadier Generals, and Commandants of Regiments, shall, respectively, appoint their staff officers; and Commandants of Companies shall appoint their noncommissioned officers.

Sec. 3. All militia officers, whose appointment is not herein otherwise provided for, shall be elected by persons subject to military duty, within their respective companies, battalions, regiments, brigades, and divisions, under such rules and regulations, and for such terms, not exceeding six years, as the General Assembly may, from time to time, direct and establish.

ARTICLE VIII.- General Provisions. Sec. 1. Members of the General Assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear, (or affirm, as the case may be,) that I will support the Constitution of the United States, and the Constitution of this State, and be faithful and true to the Commonwealth of Kentucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my abilities the office of according to law; and I do further solemnly swear, (or affirm,) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel, with deadly weapons, within this State nor out of it, with a citizen of this State, nor have I sent or accepted a challenge to fight a duel with deadly weapons, with a citizen of this State; nor have I acted as second in carrying a challenge, or aided, or assisted any person thus offending—so held me God.

Sec. 2. Treason against the Commonwealth shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same over act or his own confession in open court.

Sec. 3. Every person shall be disqualified from holding any office. of trust or profit for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat to procure his election.

Sec. 4. Laws shall be made to exclude from office and from suffrage, those who shall thereafter be convicted of bribery, perjury, forgery, or other crimes or high misdemeanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practices.

Sec. 5. No money shall be drawn from the Treasury, but in pursuance of appropriations made by law, nor shall any appropriations of money for the support of an army be made for a longer time than two years, and a regular statement and account of the receipts and expenditures of all public money shall be published annually.

Sec. 6. The General Assembly may direct, by law, in what manner, and in what Courts, suits may be brought against the Commonwealth.

Sec. 7. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the General Assembly the most solemn appeal to God.

Sec. 8. All laws which, on the first day of June, one thousand seven hundred and ninety two, were in force in the State of Virginia, and which are of a general nature, and not local to that State, and not repugnant tu this Constitution, nor to the laws which have been enacted by the General Assembly of this Commonwealth, shall be in force within this State, until they shall be altered or repealed by the General Assembly.

Sec. 9. The compact with the State of Virginia, subject to such alterations as may be made therein agreeably to the mode prescribed by the said compact, shall be considered as part of this Constitution.

Sec. 10. It shall be the duty of the General Assembly to pass such laws as shall be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment.

Sec. il. All civil officers for the Commonwealth, at large, shall reside within the State, and all district, county, or town officers, within their respective districts, counties, or towns, (trustees of

towns excepted,) and shall keep their offices at such places therein as may be required by law; and all militia officers shall reside in the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong.

Sec. 12. Absence on the business of this State, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under this Commonwealth, under the exceptions contained in this Constitution.

Sec. 13. It shall be the duty of the General Assembly to regulate, by law, in what cases, and what deductions from the salaries of public officers shall be made, for neglect of duty in their official capacity.

Sec. 14. Returns of all elections by the people, shall be made to the Secretary of State, for the time being, except in those cases otherwise provided for in this Constitution, or which shall be otherwise directed by law.

Sec. 15. In all elections by the people, and also by the Senate and House of Representatives, jointly or separately, the votes shall be personally and publicly given, viva voce : Provided, that dumb persons, entitled to suffrage, may vote by ballot.

Sec. 16. All elections by the people shall be held between the hours of six o'clock in the morning and seven o'clock in the evening.

Sec. 17. The General Assembly shall, by law, prescribe the time when the several officers authorized or directed by this Constitution to be elected or appointed, shall enter upon the duties of their respective offices, except where the time is fixed by this Constitution.

Sec. 18. No member of Congress, nor person holding or exercising any office of trust or profit under the United States, or either of them, or under any foreign power, shall be eligible as a member of the General Assembly of this Commonwealth, or hold or exercise any office of trust or profit under the same.

Sec. 19. The General Assembly shall direct, by law, how persons who now are, or who may hereafter become securities for public officers, may be relieved or discharged on account of such securityship.

Sec. 20. Any person who shall, after the adoption of this Constitution, either directly or indirectly, give, accept, or knowingly carry a challenge to any person or persons, to fight in single combat, with a citizen of this State, with any deadly weapon, either in or out of the State, shall be deprived of the right to hold any office of honor or profit in this Commonwealth, and shall be punished otherwise in such manner as the General Assembly may prescribe by law.

Sec. 21. The Governor shall have power, after five years from the time of the offence, to pardon all persons who shall have in anywise participated in a duel, either as principals, seconds, or otherwise, and to restore him or them to all the rights, privileges and immunities to which he or they were entitled before such participation. And

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