jMl^P n ^ s m ^i-^mM 5Go£ THE GIFT OF '5^'A^v\m)a^iAJiuv\)jx.?T^^ ©just. A,2>!o>^.3.&Q ioj^jit 3041 Cornell University Library JK3605 .A4 1916 Constitutions of Pennsylvania. olin 3 1924 030 490 860 Cornell University Library The original of tinis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030490860 LEGISLATIVE REFERE NCE BUREAU 1 ^ J' Constitutions of Pennsylvania Constitution of the United States Analytically Indexed and With Index OF Legislation Prohibited in Pennsylvania PREPABED BY • JOHN H. FERTIG, ESQ., and FRANK M. HUNTER, ESQ.. UNDER THE DIRECTION OF JAMES N. MOORE, Director HAEEISBUEG, PA. : WM. STANLEY RAY, STATE PRINTER 1916 LEGISLATIVE REFERENCE BUREAU Constitutions of Pennsylvania Constitution of the United States ■ Analytically Indexed and With Index OF Legislation Prohibited in Pennsylvania PREPARED BY JOHN H. FERTIG, ESQ., and FRANK M. HUNTER, ESQ., UNDER THE DIRECTION OF JAMES N. MOORE, Director HAREISBURG, PA. : WM. STANLEY KAY, STATE PRINTER 1916 A. 3(3!^£<50 (2) PEEFACE. This edition of the Constitutions of Pennsylvania of 1873, 1838, 1790 an*d 1776 and of the Constitution of the United States was pre- pared because there was not accessible in separate form an indexed edition of these Constitutions. An edition of the Constitution of Pennsylvania of 1873, with an analytical index and an index of subjects upon which legislation is expressly prohibited by the Con- stitution, was published by the Legislative Reference Bureau in 1912. The value of that edition has been demonstrated. By the Act of April 14, 1835, P. L. 270 the question of calling a Convention to amend the Constitution of 1790 was submitted to the electors. The vote being in favor of a Convention, it was called and amendments to the Constitution of 1790 were proposed. These amendments only were submitted to the electors and adopted. The so-called Constitution of 1838 is, therefore, properly the Constitu- tion of 1790 as amended: However, in this edition it has been treated as it is popularly known, the Constitution of 1838. The Constitution of 1873 has been variously amended. These amendments have been inserted in their appropriate places and are followed with the sections as they originally read. The amendments adopted subsequent to 1838 and prior to the Constitution of 1873 have been treated as amendments to the Constitution of 1838 and have been inserted similarly to those adopted to the Constitution of 1873. After each section of the Constitutions of Pennsylvania, notes have been appended, showing the corresponding sections in the other prior and subsequent Constitutions of the Commonwealth. An exact simi- larly in the language of these corresponding sections is designated by the word "verbatim." By the use of these notes the origin and de- velopment of a particular provision can be readily traced. We shall be grateful if attention is directed to any errors in this edition. January 1, 1916. Legislative Reference Bureau. JAMES N. MOORE, Director. 3) CONTENTS. Page. Constitution of Pennsylvania, 1873, 11 Index of Legislation Prohibited in Pennsjlvania, 81 Index to Constitution of 1873, 99 Constitution of Pennsylvania, 1838, 129 Index to Constitution of 1838, 163 Constitution of Pennsylvania, 1790, '. 179 Index to Constitution of 1790, 205 Constitution of Pennsylvania, 1776, 221 Index to Constitution of 1776, 243 Constitution of the United States, 263 Index to Constitution of the United States, 287 (3) •^i ^w ' CONSTITUTION OF THE Commonwealth of Pennsylvania. 1873 (7) (S) The Constitution of 1873 was adopted by a Constitutional Conven- tion November 3, 1873. This Convention was called pursuant to the Act of April 11, 1872, P. L. 53, and was the immediate result of an era of special and local legislation. The Act calling the Convention provided that the Bill of Eights was not to be changed. However, the Convention exceeded its authority and proposed several altera- tions. The Constitution was ratified at a special election held Decem- ber 16, 1873 and went into effect January 1, 1874. This Constitu- tion was amended November 5, -1901; November 2, 1909; November 7, 1911; November 4, 1913 and November 2, 1915 which amendments have been incorporated in their appropriate places in the Constitu- tion. (9) (10) CONSTITUTION Of THE COMMONWEALTH OF PENNSYLVANIA, 1873. Preamble. We, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious lib- erty, and humbly invoking His guidance, do ordain and establish this Constitution. ARTICLE I. DECLARATION OF RIGHTS. Liberty and Free Government. That the general, great and es- sential principles of liberty and free government may be recognized and unalterably established, we declare that — Sec. 1. Natural Rights of Mankind. All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputa- tion, and of pursuing their own happiness. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. I. Constitution of 1790,Art. IX, Sec. 1, (Verbatim). Constitution of 1838, Art. IX, Sec. 1, (Verb.itim) . Sec. 2. Power of People. All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. V. Constitution of 1790, Art. IX, Sec. 2 Constitution of 1838, Art. IX, Sec. 2. Sec. 3. Rights of Conscience. Freedom of Religious Worship. AH men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can 11 1873, Article I, of right be compelled to attend, erect or support any place of worsliip, or to maintain any ministry against his consent ; no human authority can, in any case whatever, control or interfere with the rights of con- science and no preference shall ever be given by law to any religious establishments or modes of worship. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. II. Constitution of 1790, Art. IX, Sec. 3, (Verbatim). Constitution of 1838, Art. IX, Sec. 3, (Verbatim). Sec. 4. No Disqualification for Religious Belief. No person who acknowledges the being of a God, and a future state of rewards and punishments shall, on account of his religious sentiments, be disquali- fied to hold any office or place of trust or profit under this Common- wealth. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. II. Constitution of 1790, Art. IX, Sec. i, (Verbatim). Constitution of 1838, Art. IX, Sec. i. (Verbatim). Section 5. Freedom of Elections. Elections shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. VII. Constitution of 1790, Art. IX, Sec. 5. Constitution of 1838, Art. IX, Sec. 5. Sec. 6. Trial by jury. Trial by jury shall be as heretofore, and the right thereof remain inviolate. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, 01. XI. Sec. 25. Constitution of 1790, Art. IX, Sec. 6, (VerbatimK Constitution of 1838, Art. IX, Sec. 6, (Verbatim). Sec. 7. Freedom of the Press. Libel. The printing press shall be free to every person who may undertake to examine the proceed- ings of the Legislature or any branch of government, and no law shall ever be made to restrain the right thereof. The free communi- cation of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. No con- viction shall be had in any prosecution for the publication of papers relating to the official conduct of officers or men in public capacity, 12 1873, Article I. or to any other matter proper for public investigation or information, where the fact that such publication was not maliciously or negli- gently made shall be established to the satisfaction of the jury; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. XII. Sec. 35. Constitution of 1790, Art. IX, Sec. 7. Constitution of 1838, Art. IX, Sec. 7 Sec, 8. Searches and Seizures. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the afSant. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. X. Constitution of 1790, Art. XI, Sec. 8. Constitution of 1838, Art. IX, Sec. 9 (Verbatim). Sec. 9. Rights of Accused in Criminal Prosecutions. In all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation , against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor, and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage; he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. IX. Constitution of 1790, Art. IX, Sec. 9, (Verbatim). Constitution of 1838, Art. IX, Sec. 9, (Verbatim). Sec. 10. Criminal Information. Twice in Jeopardy. Eminent Do- main. No person shall, for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger, or by leave of the court for oppression or mis- demeanor in office. No person shall, for the same offense, be twice put in jeopardy of life or limb; nor shall private property be taken 13 1873, Article I. or applied to public use, without authority of law and without just compensation being first made or secured. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. Vltl. Constitution of 1790, Art. IX, Sec. 10. Constitution of 1838, Art. IX, Sec. IP. Sec. 11. Courts to be Open. Suits Against Commonwealth. All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Suits may be brought against the Commonwealth in such manner, in such courts and in such cases as the Legislature may by law direct. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. IX, Sec. 11, (Verbatim). Constitution of 1838, Art. IX, Sec. 11, (Verbatim). Sec. 12. Power of Suspending Laws. No power of suspending laws shall be exercised unless by the Legislature or by its authority. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. IX, Sec. 12. Constitution of 1838, Art. IX, Sec. 12 Sec. 13. Bail. Fines. Punishments. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 29 Constitution of 1790, Art. IX, Sec. 13, (Verbatim). Constitution of 1838, Art. IX, Sec. 13, (Verbatim). Sec. 14. Prisoners to be Bailable. Habeas Corpus. All prisoners shall be bailable by suflBcient sureties, unless for capital offenses when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 28. Constitution of 1790, Art. IX, Sec. 14, (Verbatim). Constitution of 1838, Art. IX, Sec. 14, (Verbatim). u 1873, Article I. Sec. 15. Oyer and Terminer. No commission of oyer and terminer or jail delivery shall be issued. Corresponding provisions of prior Constitutions ; Constitution of 1790, Art. IX, Sec. 15, (Verbatim). Constitution of 1838, Art. IX, Sec. 15, fVerbatim). Sec. 16. Insolvent Debtors. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 28. Constitution of 1790, Art. IX, Sec. 16, (Verbatim). Constitution of 1838, Art. IX, Sec. 16, (Verbatim). Sec. 17. Ex Post Facto Laws. Impairment of Contracts. No expost facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or Immunities, shall be passed. Corresponding provisions of prior Constitutions: ConsHtution of 1790, Art. IX, Sec. 17. Constitution of 1838, Art. IX, Sec. 17. Sec. 18. Attainder. No person shall be attainted of treason or felony by the Legislature. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. IX, Sec. 18, (Verbatim). Constitution of 1838, Art. IX, Sec. 18, (Verbatim). " Sec. 19. Attainder Limited. Estates of Suicides. Deodands. No attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth. The es- tate of such persons as shall destroy their own lives shall descend or vest as in cases of natural death, and if any person shall be kUled by casualty there shall be no forfeiture by reason thereof. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. IX, Sec. 19, (Verbatim). Constitution of 1838, Art. IX, Sec. IP, (Verbatim). Sec. 20. Right of Petition. The citizens have a right in a peace- able manner to assemble together for their common good, and to apply to those invested with the powers of government for redress 15 1873, Article I. of grievances or other proper purposes, by petition, address or re- monstrance. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. XVI. Constitution of 1790, Art. IX, Sec. 20, (Verbatim). Constitution of 1838, Art. IX, Sec. 20, (Verbatim). Sec. 21. Right to Bear Arms. The right of the citizens to bear arms in defense of themselves and the State shall not be questioned. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. XIII. Constitution of 1790, Art. IX, Sec. 21, (Verbatim). Constitution of 1838, Art. IX, Sec. 21, (Verbatim). Sec. 22. Standing Army. Military Power Subordinate to Civil. No standing army shall, in time of peace, be kept up without the consent of the Legislature, and the military shall in all cases and at all times be in strict subordination to the civil power. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. XIII Constitution of 1790, Art. IX, Sec. 22, (Verbatim). Constitution of 1838, Art. IX, Sec. 22, (Verbatim). Sec. 23. Quartering of Troops. No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. IX, Sec. 23, (Verbatim). Constitution of 1838, Art. IX, Sec. 23, (Verbatim). Sec. 24. Titles. Offices. The Legislature shall not grant any title of nobility or hereditary distinction, nor create any office the appointment to which shall be for a longer term than during good behavior. Corresponding provisions of prior Constitutions: Constitution of 1790, Art, IX, Sec. 24. Constitution of 1838, Art. IX, Sec. 24. Sec. 25. Emigration. Emigration from the State shall not be prohibited. Corresponding provisions of prior Constitutions: Constitution of 1776, Dec. of Rights, CI. XV. Constitution of 1790, Art. IX, Sec. 25, (Verbatim), Constitution of 1838, Art. IX, Sec. 25, (Verbatim). 16 1873, Article II. Sec. 26. Reservation of Powers in People. To guard against transgressions of the high powers which we have delegated, we de- clare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. IX, Sec. 26, (Verbatim). Constitution of 1838, Art. IX, Sec. 26, (Verbatim). ARTICLE II. THE LEGISLATURE. Sec. 1. Legislative Power. The legislative power of this Com- monwealth shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 2. Constitution of 1790, Art. I, See. 1, (Verbatim). Constitution of 1838, Art. I, Sec. 1, (Verbatim). Sec. 2. Election of Members. Vacancies. Members of the Gen- eral Assembly shall be chosen at the general election every second year. Their term of service shall begin on the first day of December next after their election. Whenever a vacancy shall occur in either House, the presiding offlcer thereof shall issue a writ of election to fill such vacancy for the remainder of the term. Corresponding provisions of prior Constitutions: Constitution of 1776, See. 9. Constitution of 1790, Art. I, Sees. 2, 5. 19. Constitutiou of 1838, Art. I, Sees. 2, 5, 20. Sec. 3. Terms of Members. Senators shall be elected for the term of four years and Representatives for the term of two years. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 9. Constitution of 1790, Art. I, Sees. 2, 5. Constitution of 1838, Art. I, Sees. 2, 5. Sec. 4. Sessions. United States Senators. The General As- sembly shall meet at twelve o'clock, noon, on the first Tuesday of January every second year, and at other times when convened by 2 17 1873, Article II. the Governor, but shall hold no adjourned annual session after the year one thousand eight hundred and seventy-eight. In case of a vacancy in the oflQce of United States Senator from this Common- wealth, in a recess between sessions, the Governor shall convene the two Houses, by proclamation on notice not exceeding sixty days, to fill the same. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 9. Constitution of 1790, Art. I, Sec. 10. Constitution of 1838, Art. I, Sec. 10. Sec. 5. Qualifications of Members. Senators shall be at least twenty-five years of age and Eepresentatives twenty-one years of age. They shall have been citizens and inhabitants of the State four years, and inhabitants of their respective districts one year next before their election (unless absent on the public business of the United States or of this State), and shall reside in their respective districts during their terms of service. Corresponding provisions of prior Constitutions: Constitution! of 1776, Sees. 7, 8. Constitution of 1790, Art. I, Sees. 3, 8. Constitution of 1838, Art. I, Sees. 3, 8. Sec. 6. Disqualification to Hold Other Office. No Senator or Eepresentative shall, during the time for which he shall have been elected, be appointed to any civil office under this Commonwealth, and no member of Congress or other person holding any office (ex- cept of attomey-at-law or in the militia) under the United States or this Commonwealth shall be a member of either House during his continuance in office. Corresponding provisions of prior Constitutions: Constitution of 1776, See. 7, Constitution of 1790, Art. I, See. 18. Constitution of 1838, Art. I, See. 19. Art. VI, Sec. 8. Sec. 7. Certain Crimes to Disqualify. No person hereafter con- victed of embezzlement of public moneys, bribery, perjury or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this Commonwealth. Sec. 8. Compensation. The members of the General Assembly shall receive such salary and mileage for regular and special sessions as shall be fixed by law, and no other compensation whatever, whether for service upon committee or otherwise. No member of 18 1873, Article II. either House shall during the term for which he may have been elected, receive any increase of salary, or mileage, under any law passed during such term. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. I, Sec. 17. Constitution of 1838, Art. I, Sec. 18 Sec. 9. Presiding Officers. Other Officers. Election and Qualifi- cation of Members. The Senate shall, at the beginning and close of cation of Members. Tlie Senate shall at the beginning and close of each regular session and at such other times as may be necessary, elect one of its members President pro tempore, who shall perform the duties of the Lieutenant Governor, in any case of absence or dis- ability of that officer, and whenever the said office of Lieutenant Governor shall be vacant. The House of Eepresentatives shall elect one of its members as Speaker. Each House shall choose its other officers, and shall judge of the election and qualifications of its members. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 9. Constitution of 1790, Art. I, Sees. 11, 12. Constitution of 1838, Art. I, Sees. 11, 12. Sec. 10. Quorum. A majority of each House shall constitute a quorum, but a smaller number may adjourn from day to day and compel the attendance of absent members. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 10. Constitution of 1790, Art. I, See. 12. Constitution of 1838, Art. I, Sec. 12. Sec. 11. Powers of Each Branch. Expulsion. Each House shall have power to determine the rules of its proceedings and punish its members or other persons for contempt or disorderly behavior in its presence, to enforce obedience to its process, to protect its mem- bers against violence or offers of bribes or private solicitation, and, with the concurrence of two-thirds, to expel a member, but not a second time for the same cause, and shall have all other powers necessary for the Legislature of a free State. A member expelled for corruption shall not thereafter be eligible to either House, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 9. Constitution of 1790, Art. I, Sec. 13. Constitution of 1838, Art. I, Sec. 13. 19 1873, Article II. Sec. 12. Journals. Yeas and Nays. Each House shall keep a journal of its proceedings and from time to time publish the same, except such parts as require secrecy, and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journal. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 14. Constitution of 1790, Art. I, Sec. 14. Constitution of 1838, Art. I, Sec. 15. Sec. 13. Sessions. The sessions of each House and of commit- tees of the whole shall be open, unless when the business is such as ought to be kept secret. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 13. Constitution of 1790, Art. I, Sec. 15. Constitution of 1838, Art. I, Sec. 16. Sec. 14. Adjournment. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Corresponding provisions of prior Constitutions* Constitution of 1790, Art. I, Sec. 16, (Verbatim). Constitution of 1838, Art. I, Sec. 17, (Verbatim). Sec. 1. Privileges of Members. The members of the General As- sembly shall in all cases, except treason, felony, violation of their oath of office, and breach or surety of the peace, be privileged from arrest during their attendance at the sessions of their respective Houses and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. I, Sec. 17. Constitution of 1838, Art. I, Sec. 18. Sec. 16. Senatorial Districts. Ratio. The State shall be divided into fifty senatorial districts of compact and contiguous territory as nearly equal in population as may be, and each district shall be entitled to elect one Senator. Each county containing one or more ratios of population shall be entitled to one Senator for each ratio, and to an additional Senator for a surplus of population exceeding three-fifths of a ratio, but no county shall form a separate district unless it shall contain four-fifths of a ratio, except where the ad- 20 1873, Article II. joining counties are each entitled to one or more Senators, when such county may be assigned a Senator on less than four-fifths and ex- ceeding one-half of a ratio; and no county shall be divided unless en- titled to two or more Senators. No city or county shall be entitled to separate representation exceeding one-sixth of the whole number of Senators. No ward, borough or township shall be diveded in the formation of a district. The senatorial ratio shall be ascertained by dividing the whole population of the State by the number fifty. Corresponding provisions of prior Constitutions: Constitutionof 1790, Art. I, Sees. 6, 7. Constitution of 1838, Art. I, Sees. 6, 7. Sec. 17. Representative Districts. The members of the House of Representatives shall be apportioned among the several counties, on a ratio obtained by dividing the population of the State as ascer- tained by the most recent United States census by two hundred. Every county containing less than five ratios shall have one repre- sentative for every full ratio, and an additional representative when the surplus exceeds half a ratio ; but each county shall have at least one representative. Every county containing five ratios or more shall have one representative for every full ratio. Every city con- taining a population equal to a ratio shall elect separately its propor- tion of the representatives allotted to the county in which it is lo- cated. Every city entitled to more than four representatives, and every county having over one hundred thousand inhabitants shall be divided into districts of compact and contiguous territory, each dis- trict to elect its proportion of representatives according to its popu- lation, but no district shall elect more than four representatives. Corresponding provisions of prior Constitutions: Constitution of 1776, See. 17. Constitution of 1790, Art. I, Sec. 4. Constitution of 1838, Art. I, Sec. 4. Sec. 18. Legislative Apportionment. The General Assembly at its first session after the adoption of this Constitution, and im- mediately after each United States decennial census, shall apportion the State into senatorial and representative districts agreeably to the provisions of the two next preceding sections. Corresponding provisions of prior Constitution.?: Constitution of 1776, Sec. 17. Constitution of 1790, Art. I, Sees. 4, 6, 7. Constitution of 1838, Art. I, Sees. 4, 6, 7. 21 1873, Article III. ARTICLE III. LEGISLATION. Sec. 1. Passage of Bills. Change of Purpose. No law shall be passed except by bill, and no bill shall be so altered or amended, on its, passage through either House, as to change its original purpose. Sec. 2. Reference to Committee. Printing. No bill shall be con- sidered unless referred to a committee, returned therefrom, and printed for the use of the members. Sec. 3. Subject of Bills. Title. No bill, except general appro- priation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. XI, Sec. S, (Amendment of 1864.) Sec. 4. Three Readings. Amendments. Final Vote. Every bill shall be read at length on three different days in each House; all amendments made thereto shall be printed for the use of the members before the final vote is taken on the bill, and no bill shall become a law, unless on its final passage the vote be taken by yeas and nays, the names of the persons voting for and against the same be entered on the journal, and a majority of the members elected to each House be recorded thereon as voting in its favor. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 15. Sec. 5. Concurring in Amendments. Conference Committee Re- ports. No amendment to bills by one House shall be concurred in by the other, except by the vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof; and reports of com- mittees of conference shall be adopted in either House only by the vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting recorded upon the journals. Sec. 6. Revival and Amendment of Laws. No law shall be re- vived, amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revived, amended, extended or conferred shaU be re-enacted and published at length. Sec. 7. Special and Local Legislation Limited. The General As- sembly shall not pass any local or special law: 22 1873, Article III. Authorizing the creation, extension or impairing of liens: Kegulating the affairs of counties, cities, townships, wards, bor- oughs or school districts: Changing the names of persons or places: Changing the venue in civil or criminal cases: Authorizing the laying out, opening, altering or maintaining, roads, highways, streets or alleys: Eelating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other State: Vacating roads, town plats, streets or alleys : Relating to cemeteries, graveyards, or public grounds not of the State: Authorizing the adoption or legitimation of children: Locating or changing county seats, erecting new counties or chang- ing county lines: Incorporating cities, towns or villages, or changing their charters: For the opening and conducting of elections, or fixing or changing the place of voting: Granting divorces: Erecting new townships or boroughs, changing township lines, borough limits or school districts: Creating offices, or prescribing the powers and duties of oflflcers in counties, cities, boroughs, townships, election or school districts: Changing the law of descent or succession: Regulating the practice or jurisdiction of, or changing the rules of evidence in, any judicial proceeding or inquiry before courts, alder- men, justices of the peace, sheriffs, commissioners, arbitrators, audi- tors, masters in chancery or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate : Regulating the fees, or extending the powers and duties of alder- men, justices of the peace, magistrates or constables : Regulating the management of public schools, the building or re- pairing of school houses, and the raising of money for such purposes: Fixing the rate of interest: Affecting the estates of minors or persons under disability, except after due notice to all parties in interest, to be recited in the special enactment: Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury: Exempting property from taxation : Regulating labor, trade, mining or manufacturing: 23 1873, Article III. Creating corporations, or amending, renewing or extending the charters thereof: Granting to any corporation, association or individual any special or exclusive privilege or immunity, or to any corporation, association or individual the right to lay down a railroad track : Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed: Nor shall any law be passed granting powers or privileges in any case where the granting of such powers and privileges shall have been provided for by general law, nor where the courts have jurisdiction to grant the same or give the relief asked for. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. I, Sec. 14. Art. XI, Sec. 9. f Amendment of 1864.) Sec. 8. Notice of Local and Special Bills. No local or special bill shall be passed unless notice of the intention to apply therefore shall have been published in the locality where the matter or the thing to be affected may be situated, which notice shall be at least thirty days prior to the introduction into the General Assembly of such bill and in the manner to be provided by law; the evidence of such notice having been published, shall be exhibited in the General Assembly, before such act shaU be passed. Sec. 9. Signing of Bills by Presiding Officers. The presiding of- ficer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the General Assembly, after their titles have been publicly read immediately be- fore signing ; and the fact of signing shall be entered on the journal. Sec. 10. Officers and Employes. Payments. The General As- sembly shall prescribe by law the number, duties and compensation of the offlcers and employes of each House, and no payment shall be made from the State Treasury, or be in any way authorized, to any person, except to an acting officer or employee elected or appointed in pursuance of law. Sec. 11. Extra Compensation Prohibited. Claims Against the State. No bill shall be passed giving any extra compensation to any public officer, servant, employee, agent or contractor, after services shall have been rendered or contract made, nor providing for the payment of any claim against the Commonwealth without previous authority of law. Sec. 12. Public Printing and Supplies. All stationery, printing, paper and fuel used in the legislative and other departments of gov- 24 1873, Article III. ernment shall be furnished, and the printing, binding and distribut- ing of the laws, journals, department reports, and aU other print- ing and binding, and the repairing and furnishing the halls and rooms used for the meetings of the General Assembly and its com- mittees, shall be performed under contract to be given to the lowest responsible bidder below such maximum price and under such regu- lations as shall be prescribed by law; no member or officer of any department of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the approval of the Governor, Auditor General and State Treasurer. Sec. 13. Extension of Terms and Increase or Diminishment of Compensation Prohibited. No law shall extend the term of any public Officer, or increase or diminish his salary or emoluments, after his election or appointment. Sec. 14. Revenue Bills. All bills for raising revenue shall origi- nate in the House of Representatives, but the Senate may propose amendments as in other bills. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. I, Sec. 20. (Verbatim.) Constitution of 1838, Art. I, Sec. 21, (Verbatim.) Sec. 15. Appropriation Bills. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of the Common- wealth, interest on the public debt and for public schools; all other appropriations shall be made by separate bills, each embracing but one subject. Sec. 16. Paying out Public Moneys. No money shall be paid out of the treasury, except upon appropriations made by law, and on war- rant by the proper officer in pursuance thereof. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. I, Sec. 21. Constitution of 1838, Art. I, Sec. 22. Section 17. Appropriations to Charitable and Educational Institu- tions. No appropriation shall be made to any charitable or educa- tional institution not under the absolute control of the Common- wealth, other than normal schools established by law for the pro- fessional training of teachers for the public schools of the State, ex- cept by a vote of two-thirds of all the members elected to each House. Sec. 18. Certain Appropriations Forbidden. No appropriations, except for pensions or gratuities for military services, shall be made for charitable, educational or benevolent purposes, to any person or 25 1873, Article III. community, nor to any denominational or sectarian institution, cor- poration or association. Sec. 19. Appropriations for Support of Widows and Orphans of Soldiers. The General Assembly may make appropriations of money to institutions wherein the widows of soldiers are supported or as- sisted, or the orphans of soldiers are maintained and educated; but such appropriation shall be applied exclusively to the support of such widows and orphans. Sec. 20. Special Municipal Commissions Prohibited. The Gen- eral Assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, or to levy taxes or perform any municipal function whatever. Sec. 21. Employers Liability. Workmen's Compensation. Dam- ages for Injuries to Person or Property. The General Assembly may enact laws requiring the payment by employers, or employers and em- ployes jointly, of reasonable compensation for injuries to employes arising in the course of their employment, and for occupational dis- eases of employes, whether or not such injuries or diseases result in death, and regardless of fault of employer or employe, and fixing the basis of ascertainment of such compensation and the maximum and minimum limits thereof, and providing special or general reme- dies for the collection thereof ; but in no other cases shall the General Assembly limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property, and in case of death from such injuries, the right of action shall survive, and the General As- sembly shall prescribe for whose benefit such actions shall be prose- cuted. No act shall prescribe any limitations of time within which suits may be brought against corporations for injuries to persons or property, or for other causes, different from those fixed by general laws regulating actions against natural persons, and such acts now existing are avoided. (Amendment of November 2, 1915.) Section twenty-one of article three of this Constitution originally read as follows: Sec. 21. No act of the General Assembly shall limit the amount to be recovered for injuries i-esulting in death, or for injuries to persons or property; and, in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall be prosecuted. No act shall prescribe any limitations of time -within which suits may be brought against corporations for injuries to persons or property, or for other causes different from those fixed by general laws regulating actions against natural persons, and such acts now existing are avoided. 26 1873, Article III. Sec. 22. Investment of Trust Funds. No act of the General As- sembly shall authorize the investment of trust funds by executors, administrators, guardians or other trustees, in the bonds or stock of any private corporation, and such acts now existing are avoided saving investments heretofore made. Sec. 23. Change of Venue. The power to change the venue in civil and criminal cases shall be v£sted in the courts, to be exercised in such manner as shall be provided by law. Sec. 24. Corporate Obligations Owned by State. No obligation or liability of any railroad or other corporation, held or owned by the Commonwealth, shall ever be exchanged, transferred, remitted, postponed or in any way diminished by the General Assembly, nor shall such liability or obligation be released, except by payment thereof into the State Treasury. Sec. 25. Legislation During Special Session. When the General Assembly shall be convened in special session, there shall be no legis- lation upon subjects other than those designated in the proclamation of the Governor calling such session. Sec. 26. Concurrent Resolutions, &c., To be Presented to Executive. Every order, resolution or vote, to which the concurrence of both Houses may be necessary, except on the question of adjournment, shall be presented to the Governor and before it shall take effect be approved by him, or being disapproved, shall be repassed by two- thirds of both Houses, according to the rules and limitations pre- scribed in case of a bill. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. I, See. 23, (Verbatim.) Constitution of 1838, Art. I, Sec. 24, (Verbatim.) Sec. 27. State Inspection of Merchandise Prohibited. No State office shall be continued or created for the inspection or measuring of any merchandise, manufacture or commodity, but any county or municipality may appoint such officers when authorized by law. Sec. 28. Change of Location of State Capital. No law changing the location of the capital of the State shall be valid until the same shall have been submitted to the qualified electors of the Common- wealth at a general election and ratified and approved by them. Sec. 29. Bribery of Members of Legislature. A member of the General Assembly who shall solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation or person, any money, office, appointment, em- ployment, testimonial, reward, thing of value or enjoyment, or of personal advantage, or promise thereof, for his vote or official in- 27 1873, Article III. fluence, or for withholding the same, or with an understanding, ex- pressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit or demand any such money or other advantage, matter or thing aforesaid for another, as the consideration of his vote or official influence, or for withholding the same, or shall give or withhold his vote or influence in consid- eration of the payment or promise of such money, advantage, matter or thing, to another, shall be held guilty of bribery within the mean- ing of this Constitution, and shall incur the disabilities provided thereby for said offence, and such additional punishment as is or shall be provided by law. Sec. 30. Giving of Bribes. Any person who shall, directly or indirectly, offer, give or promise, any money, or thing of value, testi- monial, privilege, or personal advantage, to any executive or judi- cial officer, or member of the General Assembly, to influence him in the performance of any of his public or official duties, shall be guilty of bribery and be punished in such manner as shall be provided by law. Sec. 31. Corrupt Solicitation. The offense of corrupt solicitation of members of the General Assembly or of public officers of the State or of any municipal division thereof, and any occupation or practice of solicitation of such members or officers to influence their official actoin, shall be defined by law and shall be punished by fine and imprisonment. Sec. 32. Investigation of Bribery or Corrupt Solicitation. Com- pulsory Testimony. Disqualification as Punishment. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having com- mitted the offense of bribery or corrupt solicitation, or practices of solicitation, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself or subject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony, and any person convicted of either of the offences aforesaid shall, as part of the punishment therefor, be disqualified from holding any office or position of honor, trust or profit in this Commonwealth. Sec. 33. Member Interested in Bill not to Vote. A member who has a personal or private interest in any measure or bill proposed or pending before the General Assembly shall disclose the fact to the House of which he is a member, and shall not vote thereon. 28 1873, Article IV. ARTICLE IV. THE EXECUTIVE. Sec. 1. Executive Department. The Executive Department of this Commonwealth shall consist of a Governor, Lieutenant Governor, Secretary of the Commonwealth, Attorney General, Auditor General, State Treasurer, Secretary of Internal Affairs and a Superintendent of Public Instruction. • Sec. 2. Governor. Election. Returns. Contested Election.' The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed; he shall be chosen on the day of the general election, by the qualified electors of the Commonwealth, at the places where they shall vote for Representa- tives. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Presi- dent of the Senate, who shall open and publish them in the presence of the members of both Houses of the General Assembly. The person having the highest number of votes shall be Governor, but if two or more be equal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both Houses. Con- tested elections shall be determined by a committee, to be selected from both Houses of the General Assembly, and formed and regulated in such manner as shall be directed by law. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 3. Constitution of 1790, Art. II, Sees. I, 2, 13. Constitution of 1838, Art. II, Sees. 1, 2, 13. Sec. 3. Governor's Term. The Governor shall hold his ofQce dur- ing four years from the third Tuesday of January next ensuing his election, and shall not be eligible to the office for the next succeeding term. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. 3. Constitution of 1838, Art. II, Sec. 3. Sec. 4. Lieutenant Governor. A Lieutenant Governor shaU be chosen at the same time, in the same manner, for the same term, and subject to the same provisions as the Governor; he shall be President of the Senate, but shall have no vote unless they be equally divided. 29 1873, Article IV. Sec. 5. Qualifications of Governor and Lieutenant Governor. No person shall be eligible to the office of Governor or Lieutenant Gover- nor except a citizen of the United States, who shall have attained the age of thirty years, and have been seven years next preceding his election an inhabitant of the State, unless he shall have been absent on the public business of the United States or of this State. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. i. Constitution of 1838, Art. II, Sec. 4. Sec. 6. Disqualtfications. No member of Congress or person hold- ing any office under the United States or this State shall exercise the office of Governor or Lieutenant Governor. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. 5. Constitution of 1838, Art. II, Sec. 5. Sec. 7. Military Commander. The Governor shall be commander- in-chief of the army and navy of the Commonwealth, and of the militia, except when they shall be called into the actual service of the United States. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 20. Constitution of 1790, Art. II, Sec. 7. Constitution of 1838, Art. II, Sec. 7. Sec. 8. Appointing Power of Governor. Vacancies. Confirma- tion by Senate. He shall nominate and, by and with the advice and consent of two-thirds of all the members of the Senate, appoint a Secretary of the Commonwealth and an Attorney General during pleasure, a Superintendent of Public Instruction for four years, and such other officers of the Commonwealth as he is or may be au- thorized by the Constitution or by law to appoint; he shall have power to fill all vacancies that may happen, in offices to which he may appoint, during the recess of the Senate, by granting commis- sions which shall expire at the end of their next session; he shall have power to fill any vacancy that may happen, during the recess of the Senate, in the office of Auditor General, State Treasurer, Secretary of Internal Affairs or Superintendent of Public Instruc- tion, in a judicial office, or in any other elective office which he is or may be authorized to fill ; if the vacancy shall happen during the session of the Senate, the Governor shall nominate to the Senate, before their final adjournment, a proper person to fill said vacancy; 30 1873, Article IV. but in any such case of vacancy, in an elective office, a person shall be chosen to said office on the next election day appropriate to such office according to the provisions of this Constitution, unless the vacancy .shall happen within two calendar months immediately pre- ceding such election day, in which case the election for said offlce shall be held on the second succeeding election day appropriate to such office. In acting on executive nominations the Senate shall sit with open doors, and, in confirming or rejecting the nominations of the Governor, the vote shall be taken by yeas and nays and shall be entered on the journal. (Amendment of November 2, 1909.) Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. 15 Constitution of 1838, Art. II, Sec. 8. Section eight of article four of this Constitution originally read as follows: Sec. 8. He shall nominate and, by and with the advice and consent of two-thirds of all the members of the Senate appoint a Secretary of the Commonwealth and an Attorney General during pleasure, a Super- intendent of Public Instruction for four years, and such other officers of the Commonwealth as he is or may be authorized by the Constitution or by law to appoint ; he shaU have power to fiU all vacancies that may happen, in offices to which he may appoint, during the recess of the Senate, by granting commissions which shall expire at the end of their next session ; he shall have power to fill any vacancy that may happen, during the recess of the Senate, in the office of Auditor General, State Treasurer, Secretary of Internal Affairs or Superintendent of Public Instruction, in a judicial office, or in any other elective office which he is or may be authorized to fiU ; if the vacancy shall happen during the session of the Senate, the Governor shall nominate to the Senate, before their final adjournment, a proper person to fill said vacancy; but in any such case of vacancy, in an elective office, a person shall be chosen to said office at the next general election, unless the vacancy shall happen within three calendar months immediately preceding such election, in which case the election for said office shall be held at the .second succeeding general election. In acting on Executive nominations the Senate shall sit with open doors, and, in confirming or rejecting the nominations of the Governor, the vote shall be taken by yeas and nays, and shall be entered on the journal. Sec. 9. Pardoning Power. He shall have power to remit fines and forfeitures, to grant reprieves, commutations of sentence and pardons, except in cases of impeachment; but no pardon shall be granted, nor sentence commuted, except upon the recommendation in writing of the Lieutenant Governor, Secretary of the Common- wealth, Attorney General and Secretary of Internal Affairs, or any three of them, after full hearing, upon due public notice and in open 31 1873, Article IV. session, and such recommendation, with the reasons therefor at length, shall be recorded and filed in the office of the Secretary of the Commonwealth. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 20. Constitution of 1790, Art. II, Sec. 9. Constitution of 1838, Art. II, Sec. 9. Sec. 10. Information from Department Officials. He may require information in writing from the officers of the Executive Depart- ment, upon any subject relating to the duties of their respective of- fices. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. 10. Constitution of 1838, Art. II, Sec. 10. Sec. 11. Messages to Legislature. He shall, from time to time, give to the General Assembly information of the state of the Com- monwealth, and recommend to their consideration such measures as he may judge expedient. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. 11. Constitution of 1838, Art. II, Sec. 11. Sec. 12. Special Sessions of Legislature. Adjournments. Special Sessions of Senate. He may, on extraordinary occasions, convene the General Assembly, and in case of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. He shall have power to convene the Senate in extraordinary session by proclamation for the transaction of executive business. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 20. Constitution of 1790, Art. II, See. 12. Constitution of 1838, Art. II, See. 12. Sec. 13. When Lieutenant Governor Shall Act. In case of the death, conviction on impeachment, failure to qualify, resignation, or other disability of the Governor, the powers, duties and emolu- ments of the office, for the remainder of the term, or until the dis- ability be removed, shall devolve upon the Lieutenant Governor. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. U. Constitution of 1838, Art. II, Sec. 14. 32 1873, Article IV. Sec. 14. Vacancy in Office of Lieutenant Governor. In case of a vacancy in the office of Lieutenant Governor, or when the Lieutenant Governor shall be impeached by the House of Eepresentatives, or shall be unable to exercise the duties of his office, the powers, duties and emoluments thereof for the remainder of the term, or until the disability be removed, shall devolve upon the President pro tempore of the Senate; and the President pro tempore of the Senate shall in like manner become Governor if a vacancy or disability shall occur in the office of Governor; his seat as Senator shall become vacant whenever he shall become Governor, and shall be filled by election as any other vacancy in the Senate. Sec. 15. Approval of Bills. Veto. Every bill which shall have passed both Houses shall be presented to the Governor; if he ap- prove he shall sign it, but if he shall not approve he shall return it with his objections to the House in which it shall have originated, which House shall enter the objections at large upon their journal, and proceed to reconsider it. If, after such reconsideration, two- thirds of all the members elected to that House shall agree to pass the bill, it shall be sent with the objections to the other House by which likewise it shall be reconsidered, and if approved by two-thirds of all the members elected to that House it shall be a law; but in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each House, respectively. If any bill shall not be returned by the Governor within ten days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return, in which case it shall be a law, unless he shall file the same with his objections, in the office of the Secretary of the Commonwealth, and give notice thereof by public proclamation within thirty days after such adjournment. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. I, Sec. 22. Constitution of 1838, Art. I, Sec. 23. Sec. 16. Partial Disapproval of Appropriation Bills. The Gov- ernor, shall have power to disapprove of any item or items of any bill, making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriation disapproved shall be void, unless repassed according to the rules and limitations, prescribed for the passage of other bills over the Executive veto. Sec. 17. Contested Election of Governor or Lieutenant Governor. Holding Over. The Chief Justice of the Supreme Court shall pre- 3 1873, Article IV, side upon the trial of any contested election of Governor or Lieu- tenant Governor and shall decide questions regarding the admissi- bility of evidence, and shall, upon request of the committee, pronounce his opinion upon other questions of law involved in the trial. The Governor and Lieutenant Governor shall exercise the duties of their respective offices until their successors shall be duly qualified. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. 2. Constitution of 1838, Art. II, See. 2. Sec, 18. Secretary of the Commonwealth. The Secretary of the Commonwealth shall keep a record of all official acts and proceedings of the Governor, and when required lay the same, with all papers, minutes and vouchers relating thereto, before either branch of the General Assembly, and perform such other duties as may be enjoined upon him by law. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. 15. Constitution of 1838, Art. II, Sec. 15. Sec. 19. Secretary of Internal Affairs. The Secretary of Internal Affairs shall exercise all the powers and perform all the duties of the Surveyor General, subject to such changes as shall be made by law. His department shall embrace a bureau of industrial statistics, and he shall discha-rge such duties relating to corporations, to the charitable institutions, the agricultural, manufacturing, mining, mineral, timber and other material or business interests of the State as may be prescribed by law. He shall annually, and at suth other times as may be required by law, make report to the General As- sembly. Sec. 20. Superintendent of Public Instruction, The Superinten- dent of Public Instruction shall exercise all the powers and perform all the duties of the Superintendent of Common Schools, subject to such changes as shall be made by law. Sec. 21, Terms of Executive Department Officers. Ineligibility to Re-election, The terms of the Secretary of Internal Affairs, the Au- ditor General, and the State Treasurer shall each be four years ; and they shall be chosen by the qualified electors of the State at general elections; but a State Treasurer, elected in the year one thousand nine hundred and nine, shall serve for three years, and his successors shall be elected at the general election in the year one thousand nine hundred and twelve, and in every fourth year thereafter. No person elected to the office of Auditor General or State Treasurer shall be 84 1873, Article V. capable of holding the same office for two consecutive terms. (Amendment of November 2, 1909.) Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 9. Constitution of 1790, Art. VI, Sec. 5. Constitution of 1838, Art. VI, Sec. 6. Section twenty-one of article four of this Constitution originally read as follows: Sec. 21. Tlie term of the Secretary of Internal Affairs shall be four years; of the Auditor General three years; and of the State Treasurer two years. These officers shall be chosen by the qualified electors of the State at general elections. No person elected to the office of Auditor General or State Treasurer shall be capable of holding the same office for two consecutive terms. Sec. 22. Seal. Commissions. The present Great Seal of Penn- sylvania shall be the seal of the State. All commissions shall be in the name and by authority of the Commonwealth of Pennsylvania, and be sealed with the State seal and signed by the Governor. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 21. ConstitutioQ of 1790, Art. VI, Sec. 4 Constitution of 1838, Art. VI, Sec.5. ARTICLE V. THE JUDICIARY. Sec. 1. Judicial Power. The judicial power of this Common- wealth shall be vested in a Supreme Court, in courts of common pleas, courts of oyer and terminer and general jail delivery, courts of quarter sessions of the peace, orphans' courts, magistrates' courts, and in such other courts as the General Assembly may from time to time establish. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 26. Constitution of 1790, Art. V, Sec. 1. Constitution of 1838, Art. V, Sec. 1. 35 1873, Article V. Sec. 2. Supreme Court. The Supreme Court shall consist of seven judges, who shall be elected by the qualified electors of the State at large. They shall hold their offices for the term of twenty- one years, if they so long behave themselves well, but shall not be again eligible. The judge whose commission shall first expire shall be chief justice, and thereafter each judge whose commission shall first expire shall in turn be chief justice. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 23. Constitution of 1790, Art. V, Sec. 2. Constitution of 183S, Art. V, Sec. 2. Sec. 3. Jurisdiction of Supreme Court. The jurisdiction of the Supreme Court shall extend over the State, and the judges thereof shall, by virtue of their offices, be justices of oyer and terminer and general jail delivery in the several counties; they shall have original jurisdiction in cases of injunction where a corporation is a party defendant, of habeas corpus, of mandamus to courts of inferior jurisdiction, and of quo warranto as to all officers of the Common- wealth whose jurisdiction extends over the State, but shall not-exer- cise any other original jurisdiction; they shall have appellate juris- diction by appeal, certiorari or writ of error in all cases, as is now or may hereafter be provided by law. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. V, Sec. 3. Constitution of 1838, Art. V, Sec. i. Sec. 4. Common Pleas Courts. Until otherwise directed by law, the courts of common pleas shall continue as at present stablished, except as herein changed ; not more than four counties shall, at any time, be included in one judicial district organized for said courts. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. V, Sec. 4. Constitution of 1838, Art. V, Sec. 3. Sec. 5. Judicial Districts. Associate Judges. Whenever a county shall contain forty thousand inhabitants it shall constitute a sepa- rate judicial district, and shall elect one judge learned in the law; and the General Assembly shall provide for additional judges, as the business of the said districts may require. Counties containing a population less than is sufficient to constitute separate districts shall be formed into convenient single districts, or, if necessary, may be attached to contiguous districts as the General Assembly may provide. The office of associate judge, not learned in the law is 36 1873, Article V. abolished in counties forming separate districts; but the several as- sociate judges in office when this Constitution shall be adopted shall serve for their unexpired terms. Sec. 6. Courts of Common Pleas of Philadelphia and Allegheny Counties. In the county of Philadelphia all the jurisdiction and powers now vested in the district courts and courts of common pleas, subject to such changes as may be made by this Constitution or by law, shall be in Philadelphia vested in five distinct and sepa- rate courts of equal and co-ordinate jurisdiction, composed of three judges each. The said courts in Philadelphia shall be designated respectively as the court of common pleas number one, number two, number three, number four, and number five, but the number of said courts may be by law increased, from time to time, and shall be in like manner designated by successive numbers. The number of judges in any of said courts, or in any county where the establishment of an additional court may be authorized by law, may be increased, from time to time, and whenever such increase shall amount in the whole to three, such three judges shall compose a distinct and separate court as aforesaid, which shall be numbered as aforesaid. In Philadelphia all suits shall be instituted in the said courts of common pleas without designating the number of the said court, and the several courts shall distribute and apportion the business among them in such manner as shall be provided by rules of court, and each court, to which any suit shall be thus assigned, shall have ex- clusive jurisdiction thereof, subject to change of venue, as shall be provided by law. In the county of Allegheny all the jurisdiction and powers now vested in the several numbered courts of common pleas shall be vested in one court of common pleas, composed of all the judges in commission in said courts. Such jurisdiction and powers shall ex- tend to all proceedings at law and in equity which shall have been instituted in the several numbered courts, and shall be subject to such changes as may be made by law, and subject to change of venue as provided by law. The president judge of said court shall be selected as provided by law. The number of judges in said court may be by law increased from time to time. This amendment shall take effect on the first day of January succeeding its adoption. (Amendment of November 7, 1911.) Section six of Article five of this Constitution originally read as follows : Sec. 6. In the counties of Philadelphia and Allegheny all the jurisdiction and power now vested in the district courts and courts of common pleas, subject to such changes as may be made by this Constitution or by law, 37 1873, Article V. shall be in Philadelphia vested in four, and in Allegheny in two, distinct and separate courts of equal and coordinate jurisdiction, composed of three judges each; the said courts in Philadelphia shall be designated respectively as the court of common pleas number one, number two, number three and number four, and in Allegheny as the court of common pleas number one and number two, but the number of said courts may be by law increased, from time to time, and shall be in like manner designated by successive numbers; the number of judges in any of said courts, or in any county where the establishment of an additional court may be authorized by law, may be increased from time to time, and when- ever such increase shall amount in the whole to three, such three judges shall compose a distinct and separate court as aforesaid, which shall be numbered as aforesaid. In Philadelphia all puits shall be instituted in the said courts of common pleas without designating the number of said court, and the several courts shall distribute and apportion the business among them in such manner as shall be provided by rules of court, and each court, to which any suit shall be thus assigned, shall have exclusive jurisdiction thereof, subject to change of venue, as shall be provided by law. In Allegheny each court shall have exclusive jurisdiction of all proceedings at law and in equity, commenced therein, subject to change of venue as may be provided by law. Sec. 7. Prothonotary of Philadelphia. Salaries. Fees. Dockets. For Philadelphia there shall be one prothonotary's office, and one prothonotary for all said courts, to be appointed by the judges of said courts, and to hold office for three years, subject to removal by a majority of the said judges ; the said prothonotary shall appoint such assistants as may be necessary and authorized by said courts; and he and his assistants shall receive fixed salaries, to be determined by law and paid by said county; all fees collected in said office, ex- cept such as may be by law due to the Commonwealth, shall be paid by the prothonotary into the county treasury. Each court shall have its separate dockets, except the judgment docket which shall contain the judgments and liens of all the said courts, as is or may be di- rected by law. Sec. 8. Criminal Courts in Philadelphia and Allegheny Counties. The said courts in the counties of Philadelphia and Allegheny, res- pectively, shall, from time to time, in turn detail one or more of their judges to hold the courts of oyer and terminer and the courts of quarter sessions of the peace of said counties, in such manner as may be directed by law. Sec. 9. Powers of Judges of Common Pleas Courts, Judges of the courts of common pleas learned in the law shall be judges of the courts of oyer and terminer, quarter sessions of the peace and general jail delivery, and of the orphans' court, and within their respective districts shall be justices of the peace as to criminal matters. 38 1873, Article V. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. V, Sec. 5. Constitution of 1838, Art. V, Sees. 5, 7, 9. Sec. 10. Certiorari to Courts not of Record. The judges of the courts of common pleas, within their respective counties, shall have power to issue writs of certiorari to justices of the peace and other inferior courts not of record, and to cause their proceedings to be brought before them, and right and justice to be done. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. V, Sec. 8. Constitution of 1838, Art. V, Sec. 8. Sec. 11. Justices of the Peace. Aldermen. Term. Residence. Number. Except as otherwise provided in this Constitution, justices of the peace or aldermen shall be elected in the several wards, dis- tricts, boroughs or townhips, by the qualified electors thereof, at the municipal election, in such manner as shall be directed by law, and shall be commissioned by the Governor for a term of six years. No township, ward, district or borough shall elect more than two jus- tices of the peace or aldermen without the consent of a majority of the qualified electors within such township, ward or borough ; no per- son shall be elected to such oiHce unless he shall have resided within the township, borough, ward or district for one year next preceding his election. In cities containing over fifty thousand inhabitants, not more than one alderman shall be elected in each ward or district. (Amendment of November 2, 1909). Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 30. Constitution of 1790, Art. V, Sec. 10. Constitution of 1838, Art. VI, Sec. 7 Section eleven of article five of this Constitution originally read as follows : Sec. 11. Except as otherwise provided in this Constitution, justices of the peace or aldermen shall he. elected in the several wards, districts, boroughs and townships at the time of the election of constables by the qualified electors thereof, in such manner as shall be directed by law, and shall be commissioned by the Governor for a term of five years. No township, ward, district or borough shall elect more than two justices of the peace or aldermen without the consent of a majority of the quali- fied electors within such township, ward or borough; no person shall be elected to such office unless he shall have resided within the township, borough, ward or district for one year next preceding his election. In cities containing over fifty thousand inhabitants, not more than one alderman shall be elected in each ward or district. 1873, Article y. Sec. 12. Magi^rates' Courts in Philadelphia. Election. Term. Salaries. Jurisdiction. In Philadelphia there shall be established, for each thirty thousand inhabitants, one court, not of record, of police and civil causes, with jurisdiction not exceeding one hundred dollars ; such courts shall be held by magistrates whose term of office shall be six years, and they shall be elected on general ticket at the municipal election, by the qualified voters at large; and in the elec- tion of the said magistrates no voter shall vote for more than two- thirds of the number of persons to be elected when more than one are to be chosen; they shall be compensated only by fixed salaries, to be paid by said county; and shall exercise such jurisdiction, civil and criminal, except as herein provided, as is now exercised by aldermen, subject to such changes, not involving an increase of civil jurisdic- tion or conferring political duties, as may be made by law. In Philadelphia the office of aldermen is abolished. (Amendment of November 2, 1909). Section twelve of article five of this Constitution originally read as follows : Sec. 12. In Philadelphia there shall be established for each thirty thousand inhabitants, one court, not of rocord, ot police and civil causes, with jurisdiction not exceeding one hundred dollars ; such courts shall be held by magistrates whose term of office shall be five years, and they shall be elected on general ticket by the qualified voters at large ; and in the election of the said magistrates no voter shall vote for more than two-thirds of the number of persons to be elected when more than one are to be chosen ; they shall be compensated only by fixed salaries, to be paid by said county ; and shall exercise such jurisdiction , civil and crim- inal, except as herein provided, as is now exercised by aldermen, subject to such changes, not involving an increase of civil jurisdiction or con- ferring political duties, as may be made by law. In Philadelphia the office of alderman is abolished. Sec. 13. Disposition of Fees, Fines, etc. All fees, fines and pen- alties in said courts shall be paid into the county treasury. Sec. 14. Appeal from Summary Conviction. In all cases of sum- mary conviction in this Commonwealth, or of judgment in suit for a penalty before a magistrate, or court not of record, either party may appeal to such court of record as may be prescribed by law, upon allowance of the appellate court or judge thereof upon cause shown. Sec. 15. Election of Judges. Term. Removal. All judges re- quired to be learned in the law, except the judges of the Supreme Court, shall be elected by the qualified electors of the respective dis- tricts over which they are to preside, and shall hold their offices for the period of ten years, if they shall so long behave themselves well; but for any reasonable cause, which shall not be sufficient ground 40 1873, Article V. for impeachment, the Governor may remove any of them on the ad- dress of two-thirds of each House of the General Assembly. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 20. Constitution of 1790, Art. V Sees. 2, i. Constitution of 1838, Art. V, Sec. 2, (Amendment of 1850). Sec. 16. Voting for Supreme Court Judges. Whenever two judges of the Supreme Court are to be chosen for the same term of service each voter shall vote for one only, and when three are to be chosen he shall vote for no more than two; candidates highest in vote shall be declared elected. Sec. 17. Priority of Commission. Should any two or more judges of the Supreme Court, or any two or more judges of the court of common pleas for the same district, be elected at the same time, they shall, as soon after the election as convenient, cast lots for priority of commission, and certify the result to the Governor, who shall issue their commissions in accordance therewith. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. V, Sec^ 2, (And amendment of 1850). Sec. 18. Compensation of Judges. The judges of the Supreme Court and the judges of the several courts of common pleas, and aU other judges required to be learned in the law, shall at stated times receive for their services an adequate compensation, which shall be fixed by law, and paid by the State. They shall receive no other com- pensation, fees, or perquisites of office for their services from any source, nor hold any other office of profit under the United States, this State or any other State. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 23. Constitution of 1790, Art. V, Sec. 2. Constitution of 1838, Art. V, Sec 2, (And amendment of 1850). Sec. 19. Residence of Judges. The judges of the Supreme Court, during their continuance in oiflce, shall reside within this Common- wealth ; and the other judges, during their continuance in office, shall reside within the districts for which they shall be respectively elected. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. V, Sec. 4. Constitution of 1838, Art. V, Sec. 2, (Amendment of 1850). Sec. 20. Chancery Powers. The several courts of common pleas, besides the powers herein conferred, shall have and exercise within 41 1873, Article V. their respective districts, subject to such changes as may be made by law, such chancery powers as are now vested by law in the sev-: eral courts of common pleas of this Commonwealth, or as may here- after be conferred upon them by law. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 24. Constitution of 1790, Art. V, Sec. 6. Constitution of 1838, Art. V, Sec. 6. Sec. 21. Duties of Judges. Nisi Prius Courts. Supreme Court Judges. ISfo duties shall be imposed by law upon the Supreme Court or any of the judges thereof, except such as are judicial, nor shall any of the judges thereof exercise any power of appointment except. as herein provided. The court of nisi prius is hereby abolished, and no court of original jurisdiction to be presided over by any one or more of the judges of the Supreme Court shall be established. Sec. 22. Orphans' Courts. Registers' Courts Abolished. In every county wherein the population shall exceed one hundred and fifty thousand, the General Assembly shall, and in any other county may, establish a separate orphans' court, to consist of one or more judges who shall be learned in the law, which court shall exercise all the jurisdiction and powers now vested in or which may hereafter be con- ferred upon the orphans' courts, and thereupon the jurisdiction of the judges of the court of common pleas within such county, in orphans' court proceedings, shall cease and determine. In any county in which a separate orphans' court shall be established, the register of wills shall be clerk of such court and subject to its directions, in all mat- ters pertaining to his office ; he may appoint assistant clerks, but only with the consent and approval of said court. All accounts filed with him as register or as clerk of the said separate orphans' court shall be audited by the court without expense to parties, except where all parties in interest in a pending proceeding shall nominate an auditor whom the court may, in its discretion, appoint. In every county or- phans' court shall possess all the powers and jurisdiction of a reg- isters' court, and separate registers' courts are hereby abolished. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. V, Sec. 7. Constitution of 1838, Art. V, Sec. 7. Sec. 23. Style of Process. Indictments. The style of all process shall be "The Commonwealth of Pennsylvania." All prosecutions shall be carried on in the name and by the authority of the Common- 42 1873, Article V. wealth of Pennsylvania, and conclude "against the peace and dignity of the same." Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 27. Constitution of 1790, Art. V, Sec. 12, (Verbatim). Constitution of 1838, Art. V, Sec. 11, (Verbatim). Sec. 24. Appeal to Supreme Court in Criminal Cases. In all be provided for by law, the accused after conviction and sentence, may remove the indictment, record and all proceedings to the Supreme Court for review. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. V, Sec. 5. Constitution of 1838, Art. V, Sec. 5. Sec. 25. Vacancies in Courts of Record. Any vacancy happening by death, resignation or otherwise, in any court of record, shall be filled by appointment by the Governor, to continue till the first Mon- day of January next succeediiig the first general election, which shall occur three or more months after the happening of such vacancy. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. 11, Sec 8. Constitution of 1838, Art. V, Sec. 2, (Amendment of 1850). Sec. 26. Uniform Laws for Courts. Certain Courts Prohibited. All laws relating to courts shall be general and of uniform operation, and the organization, jurisdiction and powers of all courts of the same class or grade, so far as regulated by law, and the force and effect of the process and judgments of such courts, shall be uniform ; and the General Assembly is hereby prohibited from creating other courts to exercise the powers vested by this Constitution in the judges of the courts of common pleas and orphans' courts. Sec. 27. Litigants may Dispense with Jury Trial. The parties, by agreement filed, may in any civil case dispense with trial by jury, and submit the decision of such case to the court having jurisdiction thereof, and such court shall hear and determine the same; and the judgment thereon shall be subject to writ of error as in other cases. 43 1873, Article VI. ARTICLE VI. IMPEACHMENT AND REMOVAL PROM OFFICE. Sec. 1. Power of Impeacliment. The House of Representatives shall have the sole power of impeachment. Corresponding provisions of prior Constitutions' Constitution of 1776, Sec. 22. Constitution of 1790, Art. IV, Sec. 1 Constitution of 1838, Art. IV, Sec 1. Sec. 2. Trial of Impeachments. All impeachments shall be tried by the Senate; when sitting for that purpose the Senators shaU be upon oath or affirmation; no person shall be convicted without the concurrence of two-thirds of the members present. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 22. Constitution of 1790, Art. IV, Sec. 2, (Verbatim). Constitution of 1838, Art. IV, Sec. 2, (Verbatim). Sec. 3. Officers Liable to Impeachment. Judgment. The Gover- nor and all other 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 trust or profit under this Commonwealth; the person ac- cused, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 22. Constitution of 1790, Art. IV, Sec. 3 Constitution of 1838, Art. IV, Sec. 3. Sec. 4. Tenure of Office. Removals from Office. All officers shall hold their offices on the condition that they behave themselves well while in office, and shall be removed on conviction of misbehavior in office or of any infamous crime. Appointed officers, other than judges of the courts of record and the Superintendent of Public Instruction, may be removed at the pleasure of the power by which they shaU have been appointd. All officers elected by the people, except Gov- ernor, Lieutenant Governor, members of the General Assembly and judges of the courts of record learned in the law, shall be removed 44 1873, Article VII. by the Governor for reasonable cause, after due notice and full hear- ing, on the address of two-thirds of the Senate. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. VI, Sec. 9 ARTICLE VII. OATH OF OFFICE. Sec. 1. Official Oath. How Administered. Senators and Repre- sentatives and all judicial, State and county offlcers shall, before en- tering on the duties of their respective offices, take and subscribe the following oath or afBrmation: "I do solemnly swear (or afflrm) that I will support, obey and defend the Constitution of the United States, and the Constitution of this Commonwealth, and that I will discharge the duties of my office with fidelity; that I have not paid or con- tributed, or promised to pay or contribute, either directly or indi- rectly, any money or other valuable thing, to procure my nomination or election (or appointment,) except for necessary and proper ex- penses expressly authorized by law; that I have not knowingly vio- lated any election law of this Commonwealth, or procured it to be done by others in my behalf; that I will not knowingly receive, di- rectly or indirectly, any money or other valuable thing for the per- formance or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law." The foregoing oath shall be administered by some person author- ized to administer oaths, and in the case of State officers and judges of the Supreme Court, shall be filed in the office of the Secretary of the Commonwealth, and in the case of other judicial and county offi- cers, in the office of the prothonotary of the county in which the same is taken; any person refusing to take said oath or affirmation shall forfeit his office; and any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirma- tion, shall be guilty of perjury, and be forever disqualified from holding any office of trust or profit within this Commonwealth. The oath to the members of the Senate and House of Representatives shall be administered by one of the judges of the Supreme Court or of a court of common pleas, learned in the law, in the hall of the House to which the members shall be elected. Corresponding provisions of prior Constitutions: Constitution of 1776, Sees. 10, 40. Constitution of 1790, Art. VIII. Constitution of 1838, Art. VIII. 1873, Article VIII. ARTICLE VIII. SUFFRAGE AND ELECTIONS. Sec. 1. Qualifications of Electors. Every male citizen twenty-one years of age, possessing the following qualifications, shall be entitled to vote at all elections, subject however to such laws requiring and regulating the registration of electors as the Genera] Assembly may enact : 1. He shall have been a citizen of the United States at least one month. 2. He shall have resided in the State one year (or, having pre- viously been a qualified elector or native born citizen of the State, he shall have removed therefrom and returned, then six months), imme- diately preceding the election. 3. He shall have resided in the election district where he shall offer to vote at least two months immediately preceding the election. 4. If twenty-two years of age and upwards, he shall have paid within two years a State or county tax, which shall have been assessed at least two months and paid at least one month before the election, (Amendment of November 5, 1901.) CJorresponding provisions of prior Constitutions: Constitution of 1776, Sec. 6. Constitution of 1790, Art. Ill, Sec. 1. Constitution of 1838, Art. Ill, Sec. 1 Section one of article eight of this Constitution originally read as follows: Sec. 1. Every male citizen twenty-one years of age, possessing the following qualifications, shall be entitled to vote at all elections: 1. He shall have been a citizen of the United States at least one month . 2. He shall have resided in the State one year, (or if, having pre- viously been a qualified elector or native born citizen of the State, he shall have removed therefrom and returned, then six months,) immediately preceding the election. 3. He shall have resided in the election district where he shall offer to vote at least two months immediately preceding the election. 4. If twenty-two years of age or upwards, he shall have paid within two years a State or county tax, which shall have been assessed at least two months and paid at least one month before the election. Sec. 2. General Elections. The general election shall be held biennially on the Tuesday next following the first Monday of Novem- ber in each even-numbered year, but the General Assembly may by law 46 1873, Article VIII. fix a different day, two-thirds of all the members of each House con- senting thereto: Provided, That such election shall always be held in an even-numbered year. (Amendment of November 2, 1909). Section two of article eight of this Constitution originally read as follows : See. 2. The general election shall be held annually on the Tuesday next following the first Monday of November, but the General Assembly may by law fix a different day, two-third of all the members of each House consenting thereto. Sec. 3. Municipal Elections. Election of Judges and County Officers. All judges elected by the electors of the State at large may be elected at either a general or municipal election, as circumstances may require. All elections for judges of the courts for the several judicial districts, and for county, city, ward, borough, and town- ship oflScers, for regular terms of service, shall be held on the muni- cipal election day; namely, the Tuesday next following the first Mon- day of November in each odd-numbered year, but the General Assem- bly may by law fix a different day, two-thirds of all the members of each House consenting thereto: Provided, That such elections shall be held in an odd-numbered year : Provided further. That all judges for the courts of the several judicial districts holding oiHce at the present time, whose terms of office may end in an odd-numbered year, shall continue to hold their officeg until the first Monday of January in the next succeeding even-numbered year. (Amendment of Novem- ber 4, 1913.) Section three of article eight of this Constitution was also amended November 2, 1909, which amendment read as follows: Sec. 3. All judges elected by the electors of the State at large may be elected at either a general or municipal election, as circumstances may require. All elections for judges of the courts for the several judicial districts, and for county, city, ward, borough, and township officers, for regular terms of service, shall be held on the municipal election day, namely, the Tuesday next following the first Monday of November in each odd-numbered year, but the General Assembly may by law fix a different day, two-thirds of all the members of each House consenting thereto: Provided, That such election shall always be held in an odd-numbered year. Section three of article eight of this Constitution originally read as follows: Sec. 3. All elections for city, ward, borough and township officers, for regular terms of service, shall be held on the third Tuesday of February. 47 1873, Article VIII. Sec. 4. Method of Conducting Elections. Secrecy. All elections by the citizens shall be by ballot or by such other method as may be prescribed by law: Provided, That secrecy in voting be preserved. (Amendment of November 5, 1901.) Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 32. Constitution of 1790, Art. Ill, Sec. 2. Constitution of 1838, Art. Ill, Sec. 2. Section four of article eight of this Constitution originally read as follows : Sec. i. All elections by tiie citizens shall be by ballot. Every ballot voted sliall be numbered in the order in which it sh.ill be received, and the number recorded by the election officers on the list of voters , opposite the name of the elector who presents the ballot. Any elector may write his name upon his ticlset or cause the same to be written thereon and attested by a citizen of the district. The election officers shall be sworn or af- firmed not to disclose how any elector shall have voted unless required to do so as witnesses in a judicial proceeding. Sec. 5. Privileges of Electors. Electors shall in all cases except treason, felony and breach or surety of the peace, be privileged from arrest during their attendance on elections, and in going to and re- turning therefrom. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. Ill, Sec 3. Constitution of 1838, Art. Ill, Sec. 3. Sec. 6. Voting when Engaged in Military Service. Whenever any of the qualified electors of this Commonwealth shall be in actual mili- tary service, under a requisition from the President of the United ►States or by the authority of this Commonwealth, such electors may exercise the right of suffrage in all elections by the citizens, under such regulations as are or shall be prescribed by law, as fully as if they were present at their usual places of election. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. Ill, Sec. i, (Verbatim Amendment of 1864). Sec. 7. Uniformity of Election Laws. Registration of Electors. All laws regulating the holding of elections by the citizens or for the registration of electors shall be uniform throughout the State, but laws regulating and requiring the registration of electors may be en- acted to apply to cities only, provided that such laws be uniform for cities of the same class. (Amendment of November 5, 1901). 48 1873, Article VIII. Section seven of article eight of this Constitution originally read as follows : Sec, 7. All laws regulating the holding o£ elections by the citizens or for the registration of electors shall be uniform throughout the State, but no elector shall be deprived of the privilege of voting by reason of his name not being registered. Sec. 8. Bribery at Elections. Challenging of Electors. Any per- son who shall give, or promise or offer to give, to an elector, any money, reward or other valuable consideration for his vote at an elec- tion, or for withholding the same, or who shall give or promise to give such consideration to any other person or party for such electors' vote or for the withholding thereof, and any elector who shall receive or agree to receive, for himself or for another, any money, reward or other valuable consideration for his vote at an election, or for with- holding the same, shall thereby forfeit the right to vote at such elec- tion, and any elector whose right to vote shall be challenged for such cause before the election ofl&cers, shall be required to swear or affirm that the matter of the challenge is untrue before his vote shall be re- ceived. Corresponding provisions of prior Constitutions r Constitution of 1776, Sec. 32. Sec. 9. Violation of Election Laws. Any person who shall, while a candidate for office, be guilty of bribery, fraud or willful violation of any election law, shall be forever disqualified from holding an office of trust or profit in this Commonwealth; and any person convicted of willful violation of the election laws shall, in addition to any pen- alties provided by law, be deprived of the right of suffrage absolutely for a term of four years. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 32. Sec. 10. Witnesses in Contested Elections and Election Investiga- tions. In trials of contested elections and in proceedings for the investigation of elections, no person shall be permitted to withhold his testimony upon the ground that it may criminate himself or sub- ject him to public infamy ; but such testimony shall not afterwards be used against him in any judicial proceedings except for perjury in giv- ing such testimony. Sec. 11. Election Districts. Townships, and wards of cities or boroughs, shall form or be divided into election districts of compact and contiguous territory, in such manner as the court of quarter ses- 49 1873, Article VIII. sions of the city or county in which the same are located may direct; but districts in cities of over one hundred thousand inhabitants shall be divided by the courts of quarter sessions, having jurisdiction therein, whenever at the next preceding election more than two hun- dred and fifty votes shall have been polled therein ; and other election districts whenever the court of the proper county shall be of opinion that the convenience of the electors and the public interests will be promoted thereby. Sec. 12. Elections by Persons in Representative Capacity. All elections by person in a representative capacity shall be viva voce. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. Ill, Sec. 2. Constitution of 1838, Art. Ill, Sec. 2. Sec. 13. Residence of Electors. For the purpose of voting no per- son shall be deemed to have gained a residence by reason of his pres- ence, or lost it by reason of his absence, while employed in the service, either civil or military, of this State or of the United States, nor while engaged in the navigation of the waters of the State or of the United States, or on the high seas, nor while a student of any institution of learning, nor while kept in any poorhouse or other asylum at public expense, nor while confined in public prison. Sec. 14. Election Officers. District election boards shall consist of a judge and two inspectors, who shall be chosen annually by the citizens. Each elector shall have the right to vote for the judge and one inspector, and each inspector shall appoint one clerk. The first election board for any new district shall be selected, and vacancies in election boards filled, as shallbe provided by law. Election officers shall be privileged from arrest upon days of election, and while en- gaged in making up and transmitting returns, except upon warrant of a court of record or judge thereof, for an election fraud, for felony, or for wanton breach of the peace. In cities they may claim exemp- li on from jury duty during their terms of service. Sec. 15. Disqalifications for Election Officer. No person shall be qualified to serve as an election officer who shall hold, or shall within two months have held, any office, appointment or employment in or under the government of the United States, or of this State, or of any city, or county, or of any municipal board, commission or trust in any city, save only justices of the peace and aldermen, notaries public and persons in the militia service of the State ; nor shall any election offi- cer be eligible to any civil office to be filled at an election at which he shall serve, save only to such subordinate municipal or local offices, below the grade of city or county offices, as shall be designated by general law. 50 1873, Article IX. Sec. 16. Overseers of Elections. The courts of common pleas of the several counties of the Commonwealth shall have power, within their respective jurisdictions, to appoint overseers of election to super- vise the proceedings of election officers and to make report to the court as may be required; such appointments to be made for any district in a city or county upon petition of five citizens, lawful voters of such election district, setting forth that such appointment is a reasonable precaution to secure the purity and fairness of elections; overseers shall be two in number for an election district, shall be residents therein, and shall be persons qualified to serve upon election boards, and in each case members of different political parties ; whenever the members of an election board shall differ in opinion the overseers, if they shall be agreed thereon, shall decide the question of difference ; in appointing overseers of election all the law judges of the proper court, able to act at the time, shall concur in the appointments made. Sec. 17. Trial of Contested Elections. The trial and determina- tion of contested elections of electors of President and Vice President, members of the General Assembly, and of all public officers, whether State, judicial, municipal or local, shall be by the courts of law, or by one or more of the law judges thereof ; the General Assembly shall, by general law, designate the courts and judges by whom the several classes of election contests shall be tried, and regulate the manner of trial and all matters incident thereto ; but no such law assigning jur- isdiction, or regulating its exercise, shall apply to any contest arising out of an election held before its passage. ARTICLE IX. TAXATION AND FINANCE. Sec. 1. Taxes to be Uniform. Exemptions. All taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected un- der general laws; but the General Assembly may, by general laws, exempt from taxation public property used for public purposes, actual places of religious worship, places of burial not used or held for private or corporate profit, and institutions of purely public charity. Sec. 2. Exemption from Taxation Limited. All laws exempting property from taxation, other than the property above enumerated, shall be void, 51 1873, Article IX. Sec. 3. Taxation of Corporations. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract or grant to which the State shall be a party. Sec. 4. Limitation on State Debt. No debt shall be created by or on behalf of the State, except to supply casual deficiencies of revenue, repel invasions, suppress insurrection, defend the State in war, or to pay existing debt ; and the debt created to supply deficiencies in reve- nue shall never exceed in the aggregate at any one time, one million of dollars. Corresponding provisions of prior Constitutions: Constitution og 1838, Art. XI, Sees. 1, 2, (Amendment of 1857). Sec. 5. Limitation on State Loans. All laws, authorizing the bor- rowing of money by and on behalf of the State, shall specify the pur- pose for which the money is to be used, and the money so borrowed shall be used for the purpose specified and no other. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. XI, Sees. 1. 2, (Amendment of 1857). Sec. 6. State Credit not to be Pledged. The credit of the Com- monwealth shall not be pledged or loaned to any individual, company, corporation or association, nor shall the Commonwealth become a joint owner or stockholder in any company, association or corpora- tion. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. XI, Sec. 5, (Amendment of 18571. Sec. 7. Municipalities not to Become Stockholders in Corpora- tions, etc., nor Loan Credit. The General Assembly shall not author- ize any county, city, borough, township or incorporated district to be- come a stockholder in any company, association or corporation, or to obtain or appropriate money for, or to loan its credit to, any corpora- tion, association, institution or individual. ^ Corresponding provisions of prior Constitutions: Constitution of 1838, Art. XI, Sec. 7, (Amendment of 18571. Sec. 8, Debts of Municipalities. Debt of Philadelphia. The debt of any county, city, borough, township, school district, or other muni- cipality or incorporated district, except as herein provided, shall never exceed seven per centum upon the assessed value of the taxable prop- erty therein, nor shall any such municipality or district incur any new debt, or increase its indebtedness to an amount exceeding two per cen- tum upon such assessed valuation of property, without the consent of 1873, Article IX. the electors thereof at a public election in such manner as shall be provided by law ; but any city, the debt of which on the first day of January, one thousand eight hundred and seventy-four, exceeded seven per centum of such assessed valuation, and has not since been reduced to less than such per centum, may be authorized by law to increase the same three per centum in the aggregate, at any one time, upon such valuation. The city of Philadelphia, upon the conditions hereinafter set forth, may increase its indebtedness to the extent of three per centum in excess of seven per centum upon such assessed valuation for the specific purpose of providing for all or any of the following purposes, — to wit: For the construction and improvement of sub- ways, tunnels, railways, elevated railways, and other transit facili- ties; for the construction and improvement of wharves and docks, and for the reclamation of land to be used in the construction of wharves and docks, owned or to be owned by said city. Such in- crease, however, shall only be made with the assent of the electors thereof at a public election, to be held in such manner as shall be provided by law. In ascertaining the borrowing capacity of said city of Philadelphia, at any time, there shall be excluded from the calculation a credit, where the work resulting from any previous ex- penditure, for any one or more of the specific purposes hereinabove enumerated shall be yielding to said city an annual current net reve- nue; the amount of which credit shall be ascertained by capitalizing the annual net revenue during the year immediately preceding the time of such ascertainment. Such capitalization shall be accom- plished by ascertaining the principal amount which would yield such annual current net revenue, at the average rate of interest, and sink- ing-fund charges payable upon the indebtedness incurred by said city for such purposes, up to the time of such ascertainment. The method of determining such amount, so to be excluded or allowed as a credit, may be prescribed by the General Assembly. In incurring indebtedness for any one or more of said purposes of construction, improvement, or reclamation, the city of Philadel- phia may issue its obligations maturing not later than fifty years from the date thereof, with provision for a sinking-fund suflacient to retire said obligation at maturity, the payments to such sinking-fund to be in equal or graded annual instalments. Such obligations may be in an amount sufiflcient to provide for and may include the amount of the interest and sinking-fund charges accruing and which may accrue thereon throughout the period of construction and until the expira- tion of one year after the completion of the work for which said indebtedness shall have been incurred ; and said city shall not be re- quired to levy a tax to pay said interest and sinking-fund charges, as 53 1873, Article IX. required by section ten of article nine of the Constitution of Pennsyl- vania, until the expiration of said period of one year after the com- pletion of such work. (Amendment of November 2, 1915). Section eight of article nine of this Constitution was also amended November 7, 1911, which amendment read as f oUows : Sec. 8. The debt of any county, city, borough, township, school dis- trict, or other municipality or incorporated district, except as herein provided, shall never exceed seven per centum upon the assessed value of the taxable property therein, nor shall any such municipality or dis- trict incur any new debt, or increase its indebtedness to an amount exceeding two per centum upon such assessed valuation of property, with- out the assent of the electors thereof at a public election in such manner as shaU be provided by law ; but any city, the debt of which now exceeds seven per centum of such assessed valuation, may be authorized by law to increase the same three per centum, in the aggregate, at any one time, upon such valuation, except that any debt or debts hereinafter incurred by the city and county of Philadelphia for the construction and develop- ment of subways for transit purposes, or for the construction of wharves and docks, or the reclamation of land to be used in the construction of a system of wharves and docks, as public improvements, owned or to be owned by said city and county of Philadelphia, and which shall yield to the city and county of Philadelphia current net revenue in excess of the interest of said debt or debts and of the annual instalments necessary for the cancellation of said debt or debts, may be excluded in ascertain- ing the power of the city and county of Philadelphia to become otherwise indebted: Provided, That a sinking fund for their cancellation shall be established and maintained. Section eight of article nine of this Constitution originally read as follows : Sec. 8. The debt of any county, city, borough, township, school dis- trict or other municipality or incorporated district, except as herein pro- vided, shall never exceed seven per centum upon the assessed value of the taxable property therein, nor shall any such municipality or district incur any new debt, or increase its indebtedness to an amount exceeding two per centum upon such assessed valuation of property, without the as- sent of the electors thereof at a public election in such manner as shall be provided by law; but any city, the debt of which now exceeds seven per centum of such assessed valuation, may be authorized by law to increase the same three per centum, in the aggregate at any one time, upon such valuation . Sec. 9. Municipal Debt not to be Assumed by State. Exceptions. The Commonwealth shall not assume the debt, or any part thereof, of any city, county, borough or township, unless such debt shall have been enacted to enable the State to repel invasion, suppress domestic 54 1873, Article IX. insurrection, defend itself in time of war, or to assist the State in the discharge of any portion of its present indebtedness. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. XI, Sec. G. (Amendment of 3857). Sec. 10. Tax to Liquidate Municipal Debts. Any county, town- ship, school district or other municipality incurring any indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax suffficient to pay the interest and also the principal thereof within thirty years. Sec. 11. State Sinking Fund. To provide for the payment of the present State debt, and any additional debt contracted as aforesaid, the General Assembly shall continue and maintain the sinking fund, sufficient to pay the accruing interest on such debt, and annually to reduce the principal thereof by a sum not less than two hundred and fifty thousand dollars; the said sinking fund shall consist of the pro- ceeds of the sales of the public works or any part thereof, and of the income or proceeds of the sale of any stocks owned by the Common- wealth, together with other funds and resources that may be desig- nated by law, and shall be increased from time to time by assigning to it any part of the taxes or other revenues of the State not required for the ordinary and current expenses of government; and unless in case of war, invasion or insurrection, no part of the said sinking fund shall be used or applied otherwise than in the extinguishment of the public debt. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. XI, Sec. 4.» (Amendment of 1857). Sec. 12. Surplus State Funds. Investments. The moneys of the State, over and above the necessary reserve, shall be used in the pay- ment of the debt of the State, either directly or through the sink- ing fund, and the moneys of the sinking fund shall never be invested in or loaned upon the security of anything, except the bonds of the United States or of this State. Sec. 13. Reserve Fund Limited. Monthly Statements of Reserve Funds. The moneys held as necessary reserve shall be limited by law to the amount required for current expenses, and shall be secured and kept as may be provided by law. Monthly statements shall be published showing the amount of such moneys, where the same are de- posited, and how secured. Sec. 14. Punishment for Misuse of State Moneys. The making of profit out of the public moneys or using the same for any purpose not authorized by law by any officer of the State, or member or 55 1873, Article IX. officer of the General Assembly, shall be a misdemeanor and shall be punished as may be provided by law, but part of such punishment shall be disqualification to hold office for a period of not less than five years. Sec. 15. J^Iunicipal Indebtedness for Certain Public Works. No obligations which have been heretofore issued, or which may hereafter be issued, by any county or municipality, other than Philadelphia, to provide for the construction or acquisition of waterworks, subways, underground railways or street railways, or the appurtenances thereof, shall be considered as a debt of a municipality, within the meaning of section eight of article nine of the Constitution of Penn- sylvania or of this amendment, if the net revenue derived from said property for a period of five years, either before or after the acquisi- tion thereof, or, where the same is constructed by the county or muni- cipality, after the completion thereof, shall have been sufficient to pay interest and sinking-fund charges during said period upon said obliga- tions, or if the said obligations shall be secured by liens upon the re- spective properties, and shall impose no municipal liability. Where muncipalities or counties shall issue obligations to provide for the construction of property, as herein provided, said municipalities or counties may also issue obligations to provide for the interest and sinking-fund charges accruing thereon until said properties shall have been completed and in operation for a period of one year; and said municipalities and counties shall not be required to levy a tax to . pay said interest and sinking fund charges, as required by section ten of article nine of the Constitution of Pennsylvania, until after said properties shall have been operated by said counties or munici- palities during said period of one year. Any of the said municipali- ties or counties may incur indebtedness in excess of seven per cen- tum, and not exceeding ten per centum, of the assessed valuation of the taxable property therein, if said increase of indebtedness shall have been assented to by three-fifths of the electors voting at a public election, in such manner as shall be provided by law. (Amendment of November 4, 1913). (Note. Article nine of this Constitution, in its originiil form, consisteil of but fourteen sections) 56 1873, Article X, XI. ARTICLE X. EDUCATION. Sec. 1. Public School System. The General Assembly shall pro- vide for the maintenance and support of a thorough and efficient sys- tem of public schools, wherein all the children of this Commonwealth above the age of six years may be educated, and shall appropriate at least one million dollars each year for that purpose. . Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 44. Constitution of 1790, Art. VII, Sec. 1. Constitution of 1838, Art. VII, Sec. 1. Sec. 2. Diversion of School Moneys to Sectarian Schools. No money raised for the suport of the public schools of the Common- wealth shall be appropriated to or used for the support of any sec- tarian school. Sec. 3. Women Eligible as School Officers. Women of twenty- one years of age and upwards, shall be eligible to any office of control or management under the school laws of this State. ARTICLE XI. MILITIA. Sec. 1. Militia to be Organized . Maintenance. Exemption from Service. The freemen of this Commonwealth shall be armed, organ- ized and disciplined for its defense when and in such manner as may be directed by law. The General Assembly shall provide for main- taining the militia by appropriations from the Treasury of the Com- monwealth, and may exempt from military service persons having con- scientious scruples against bearing arms. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 5. Constitution of 1790, Art. VI, Sec. 2 Constitution of 1838, Art. VI, Sec. 2- KT 1873, Article XII. ARTICLE XII. PUBLIC OFFICERS. Sec. 1. Election of State and Local Public Officers. All officers, whose selection is not provided for in this Constitution, shall be elected or appointed as may be directed by law : Provided, That elec- tions of State offlicers shall be held on a general election day, and elections of local officers shall be held on a municipal election day, except when, in either case, special elections may be required to fill unexpired terms. (Amendment of November 2, 1909). Corresponding provisions of prior Constitutions: Constitution of 1838, Art. VI, Sec. 8. Section one of article twelve of this Constitution origihally read as follows : Sec. 1. All officers, whose selection is not provided for in this Con- stitution, shall be elected or appointed as may be directed by law. Sec. 2. Incompatible Offices. No member of Congress from this State, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State to which a salary, fees or perquisi- tes shall be attached. The General Assembly may by law declare what officers are incompatible. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II. Sec. 8. Constitution of 1838, Art. VI, Sec. 8 Sec. 3. Punishment for Dueling. Any person who shall fight a duel or send a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this State, and may be otherwise punished as shall be prescribed by law. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. VI, Sec. 10. 58 1873, Article XIII, XIV. ARTICLE XIII. NEW COUNTIES. Sec. 1. Limitation on Erection of New Counties. No new county shall be established which shall reduce any county to less than four hundred square miles, or to less than twenty thousand inhabitants; nor shall any county be formed of less area, or containing a less population; nor shall any line thereof pass within ten miles of the county seat of any county proposed to be divided. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. XII, (Amendment of 1857). ARTICLE XIV. COUNTY OFFICERS. Sec .1. County Officers. County officers shall consist of sheriffs, coroners, prothonotaries, registers of wills, recorders of deeds, com- missioners, treasurers, surveyors, auditors or controllers, clerks of the courts, district attorneys, and such others as may from time to time be established by law; and no sheriff or treasurer shall be eli- gible for the term next succeeding the one for which he may be elected. Sec. 2. Election of County Officers. Terms. Vacancies. County officers shall be elected at the municipal elections and shall hold their offices for the term of four years, beginning on the first Monday of January next after their election, and until their successors shall be duly qualified; all vacancies not otherwise provided for, shall be filled in such manner as may be provided by law. (Amendment of November 2, 1909.) Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 31. Constitution of 1790, Art. VI, Sec. 1 Constitution of 1838, Art. VI, Sees. 1, 3. Section two of an article fourteen of this Constitution originally read as follows: 59 1873, Article XIV. Sec. 2. County officers shall be elected at the general elections and shall hold their offices for the term of three years, beginning on the first Mon- day of January next after their election, and until their successors shall be duly qualified ; all vacancies not otherwise provided for shall be filled in such manner as may be provided by law. Sec. 3. Qualifications. No person shall be appointed to any of- fice within any county who shall not have been a citizen and an in- habitant therein one year next before his appointment, if the county shall have been so long erected, but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. Sec .4. Where OflBces Shall Be Kept. Prothonotaries, clerks of the courts, recorders of deeds, registers of wills, county surveyors and sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 34. Constitution of 1790, Art. V, Sec. 11. Art. VI, Sec. 3 Constitution of 1838, Art. V, Sec. 10. Art. VI, Sec. i Sec. 5. Compensation of County Officers. Fees. The compensa- tion of county officers shall be regulated by law, and all county of- ficers who are or may be salaried shall pay all fees which they may be authorized to receive, into the treasury of the county or State, as may be directed by law. In counties containing over one hundred and fifty thousand inhabitants all county officers shall be paid by salary, and the salary of any such officer and his clerks, heretofore paid by fees, shall not exceed the aggregate amount of fees earned during his term and collected by or for him. Sec. 6. Accountability of Municipal Officers. The General As- sembly shall provide by law for the strict accountability of all county, township and borough officers, as well for the fees which may be collected by them as for all public or municipal moneys which may be paid to them. Sec. 7. County Commissioners and Auditors. Three county com- missioners and three county auditors shall be elected in each county where such officers are chosen, in the year one thousand nine hun- dred and eleven and every fourth year thereafter ; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; any casual vacancy in the office of county commissioners or county auditor shall be filled, by the court of com- 60 1873, Article XV, XVI. mon pleas of the county in which such vacancy shall occur, by the appointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled. (Amend- ment of November 2, 1909). Section seven of article fourteen of this Constitution originally read as follows : Sec. 7. Three county commissioners and three county auditors shall be elected in each county where such ofBcers are chosen, in the year one thousand eight hundred and seventy-five and every third year thereafter ; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected ; any casual vacancy in the office of county com- missioner or county auditor shall be filled by the court of common pleas of the county in which such vacancy shall occur, by the appointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled. ARTICLE XV. CITIES AND CITY CHARTERS. Sec. 1. When Cities May Be Chartered. Cities may be chartered whenever a majority of the electors of any town or borough having a population of at least ten thousand shall vote at any general election in favor of the same. Sec. 2. Debts Incurred by Municipal Commissions. No debt shall be contracted or liability incurred by any municipal commission, except in pursuance of an appropriation previously made therefor by the municipal government. Sec. 3. City Sinking Fund. Every city shall create a sinking fund, which shall be inviolably pledged for the payment of its funded debt. ARTICLE XVI. PRIVATE CORPORATIONS. Sec. 1. Certain Unused Charters Void. All existing charters, or grants of special or exclusive privileges, under which a bona fide 61 1873, Article XVI. organization shall not have taken place and business been commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity. Sec. 2. Conditions Imposed on Certain Benefits to Corporations. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. Sec. 3. State's Right of Eminent Domain. Police Power. The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking the prop- erty and franchise of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exer- cise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State. Sec. 4. Corporate Elections. In all elections for directors or managers of a corporation each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer. Sec. 5. Foreign Corporations. 2!io foreign corporation shall do any business in this State without having one or more known places of business and an authorized agent or agents in the same upon whom process may be served. Sec. 6. Corporate Powers. Real Estate. No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business. Sec. 7. Stocks and Bonds. Increase of Indebtedness. No corpo- ration shall issue stocks or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock, first obtained at a meeting to be held after sixty days notice given in pursuance of law. Sec. 8. Property Taken, Injured or Destroyed by Private and Municipal Corporations. Municipal and other corporations and in- dividuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, 62 1873, Article XVI, highways or improvements, which compensation shall be paid or se- cured before such taking, injury or destruction. The General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporations or individuals made by viewers or otherwise ; and the amount of such damages in all cases of appeal shall on the demand of either party be determined by a jury according to the course of the common law. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. VII, Sec. 4. Sec. 9. Banking Laws. Every banking law shall provide for the registry and countersigning, by an officer of the State, of all notes or bills designed for circulation, and that ample security to the full amount thereof shall be deposited with the Auditor General for the redemption of such notes or bills. Sec. 10. Revocation and Alteration of Corporate Charters. New Charters, The General Assembly shall have the power to alter, re- voke or annul any charter of incorporation now existing and re- vokable at the adoption of this Constitution, or any that may here- after be created, whenever in their opinion it may be .injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter en- acted shall create, renew or extend the charter of more than one corporation. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. I, Sec. 25, 26. (Sec. 26, Amendment of 1857). Sec. 11, Notice of Application for Bank Charter, Term. No corporate body to possess banking and discounting privileges shall be created or organized in pursuance of any law without three months' previous public notice, at the place of the intended location, of the intention to apply for such privileges, in such manner as shall be prescribed by law, nor shall a charter for such privilege be granted for a longer period than twenty years. Corresponding provisions of prior Constitutions: Constitution of 1838, Art. 1, Sec. 25. Sec. 12. Regulation of Telegraph Lines, Any association or corpo- ration organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and to connect the same with other lines, and the General Assembly shall, by general law of uniform operation, provide reasonable regu- 63 1873, Article XVII. lations to give full effect to this section. No telegraph company shall consolidate with, or hold a controlling interest in the stock or bonds of, any other telegraph company owning a competing line, or ac- quire, by purchase or otherwise, any other competing line of tele- graph. Sec. 13. Meaning of Term "Corporations." The term "corpora- tions," as used in this article, shall be construed to include all joint- stock companies or associations having any of the powers or privi- leges of corporations not possessed by individuals or partnerships. AETICLE XVII. RAILROADS AND CANALS. Sec. 1. To Be Public Highways and Common Carriers. Connec- tion with Other Lines. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with rail- roads of other States. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad; and shall receive and transport each the others passengers, tonnage and cars loaded or empty, without delay or discrimijiation. Sec. 2. Stock Transfer Office. Books. Every railroad and canal corporation organized in this State shall maintain an office therein where transfers of its stock shall be made, and where its books shall be kept for inspection by any stockholder or creditor of such corpo- ration, in which shall be recorded the amount of capital stock sub- scribed or paid in, and by whom, the names of the owners of its stock and the amounts owned by them, respectively, the transfers of said stock, and the names and places of residence of its officers. Sec. 3. No Discrimination in Service. All individuals, associa- tions and corporations shall have equal right to have persons and property transported over railroads and canals, and no undue or unreasonable discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the State or coming from or going to any other State. Persons and property ti'ansported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of 64 1873, Article XVII. persons and property of the same class in the same direction to any more distant station; but excursion and commutation tickets may be issued at special rates. Sec. 4. Consolidation Prohibited. Restrictions on Officers. No railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad or canal corporation, shall consolidate the stock, property or franchises of such corporation with, or lease, or purchase the works or franchises of, or in any way control any other railroad or canal corporation owning or having under its con- trol a parallel or competing line; nor shall any officer of such rail- road or canal corporation act as an officer of any other railroad or canal corporation owning or having the control of a parallel or com- peting line ; and the question whether railroads or canals are parallel or competing lines shall, when demanded by the party complainant, be decided by a jury as in other civil issues. Sec. 5. Limitation of Powers. No incorporated company doing the business of a common carrier shall, directly or indirectly, prose- cute or engage in mining or manufacturing articles for transporta- tion over its works; nor shall such company directly or indirectly engage in any other business than that of common carriers, or hold or acquire lands, freehold or leasehold, directly or indirectly, ex- cept such as shall be necessary for carrying on its business ; but any mining or manufacturing company may carry the products of its mines and manufactories on its railroad or canal not exceeding fifty miles in length. Sec. 6. OflScers Not To Be Interested in Contracts. No president, director, officer, agent or employee of any railroad or canal company shall be interested, directly or indirectly, in the furnishing of ma- terial or supplies to such company, or in the business of transporta- tion as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. Sec. 7. Discrimination and Preferences Prohibited. No discrimi- nation in charges or facilities for transportation shall be made be- tween transportation companies and individuals, or in favor of either, by abatement, drawback or otherwise, and no railroad or canal com- pany, or- any lessee, manager or employee thereof, shall make any pre- ferences in furnishing cars or motive power. Sec. 8. Passes Prohibited. No railroad, railway or other trans- portation company shall grant free passes, or passes at a discount, to any person except officers or employes of the company^ Sec. 9. Street Railways. No street passenger railway shall be constructed within the limits of any city, borough or township, with- out the consent of its local authorities. 5 65 1873, Article XVIII. Sec. 10. Acceptance of this Article. No railroad, canal or other transportation company, in existence at the time of the adoption of this article, shall have the benefit of any future legislation by general or special laws, except on condition of complete acceptance of aU the provisions of this article. Sec. 11. Duties of Secretary of Internal Affairs. The existing powers and duties of the Auditor General in regard to railroads, canals and other transportation companies, except as to their ac- counts, are hereby transferred to the Secretary of Internal Affairs, who shall have a general supervision over them, subject to such regu- lations and alterations as shall be provided by law ; and, in addition to the annual reports now required to be made, said Secretary may require special reports at any time upon any subject relating to the business of said companies from any officer or officers thereof. Sec. 12. Enforcement of this Article. The General Assembly shall enforce by appropriate legislation the provisions of this article. ARTICLE XVIII. FUTURE AMENDMENTS. Sec. 1. How Constitution May Be Amended. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and, if the same shall be agreed to by a majority of the members elected to each House, such proposed amend- ment or amendments shall be entered on their journals with the yeas and nays taken thereon, and the Secretary of the Commonwealth shall cause the same to be published three months before the next general election, in at least two newspapers in every county in which such newspapers shall be published; and if, in the General Assembly next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each House, the Secretary of the Commonwealth shall cause the same again to be published in the manner aforesaid; and such proposed amendment or amendments shall be submitted to the qualified electors of the State in such manner, and at such time at least three months afffe- being so agreed to by the two Houses, as the General Assembly shall prescribe; and, if such amendment or amendments shall be approved by a majority of those voting thereon, such amend- ment or amendments shall become a part of the Constitution; but 66 1873, Schedule No. 1. no amendment or amendments shall be submitted oftener than once in five years. When two or more amendments shall be submitted they shall be voted upon separately. Corresponding provisions of prior Constitutions: Constitution of 1776, Sec. 47. Constitution of 1838, Art. X. Registering, Transferring, Insuring and Guaranteeing Land Titles. Laws may be passed providing for a system of registering, transfer- ring, insuring of and guaranteeing land titles by the State, or by the counties thereof, and for settling and determining adverse or other claims to and interest in lands the titles to which are so registered, transferred, insured, and guaranteed ; and for the creation and collec- tion of indemnity funds; and for carrying the system and powers hereby provided for into effect by such existing courts as may be designated by the Legislature, and by the establishment of such new courts as may be deemed necessary. In matters arising in and under the operation of such system, judicial powers, with right of appeal, may be conferred by the Legislature upon county recorders and upon other officers by it designated. Such laws may provide for continuing the registering, transferring, insuring, and guaranteeing such titles after the first or original registration has been perfected by the court, and provision may be made for raising the necessary funds for ex- penses and salaries of officers, which shall be paid out of the treasury of the several counties. (Amendment of November 2, 1915). (Note: The Legislature failed to designate any article or section for this amend- ment.) (SCHEDULE NO. 1.) • (ADOPTED WITH THE CONSTITUTION). That no inconvenience may arise from the changes in the Consti- tution of the Commonwealth, and in order to carry the same into complete operation, it is hereby declared, that: Sec. 1. When To Take Effect. This Constitution shall take ef- fect on the first day of January, in the year one thousand eight hun- dred and seventy-four, for all purposes not otherwise provided for therein. Sec. 2. Former Laws Remain in Force. All laws in force in this Commonwealth at the time of the adoption of this Constitution, not 67 1873, Schedule No. 1. inconsistent therewith, and all rights, actions, prosecutions and con- tracts, shall continue as if this Constitution had not been adopted. Sec. 3. Election of Senators. At the general election in the years one thousand eight hundred and seventy-four and one thousand eight hundred and seventy-five, Senators shall be elected in aU districts wHere there shall be vacancies. Those elected in the year one thou- sand eight hundred and seventy-four shall serve for two years, and those elected in the year one thousand eight hundred and seventy- five shall serve for one year. Senators now elected and those whose terms are unexpired shall represent the districts in which they re- side until the end of the terms for which they were elected. Sec. .4 Election of Senators (Continued). At the general election in the year one thousand eight hundred and seventy-six. Senators shall be elected from even numbered districts to serve for two years, and from odd numbered districts to serve for four years. Sec. 5. Election of Governor. The first election of Governor un- der this Constitution shall be at the general election in the year one thousand eight hundred and seventy-five, when a Governor shall be elected for three years; and the term of the Governor elected in the year one thousand eight hundred and seventy-eight and of those thereafter elected shall be for four years, according to the provisions of this Constitution. Sec. 6. Election of Lieutenant Governor. At the general election in the year one thousand eight hundred and seventy-four a Lieutenant Governor shall be elected according to the provisions of this Con- stitution. Sec. 7. Secretary of Internal Affairs. The Secretary of Internal Affairs shall be elected at the first general election after the adoption of this Constitution; and when the said ofi&cer shall be duly elected and qualified, the offlce of Surveyor General shall be abolished. The Surveyor General in office at the time of the adoption of this Con- stitution shall continue in office until the expiration of the term for which he was elected. Sec. 8. Superintendent of Public Instruction. When the Super- intendent of Public Instruction shall be duly qualified the office of Superintendent of Common Schools shall cease. Sec. 9. Eligibility of Present Officers. Nothing contained in this Constitution shall be consti^ed to render any person now holding any State office for a first official term ineligible for re-election at the end of such term. Sec. 10. Judges of Supreme Court. The judges of the Supreme Court in office when this Constitution shall take effect shall continue untn their commissions severally expire. Two judges in addition to 68 1873, Schedule No. 1. the number now composing the said court shall be elected at the first general election after the adoption of this Constitution. Sec. 11. Courts of Record. All courts of record and all existing courts which are not specified in this Constitution shall continue in existence until the first day of December, in the year one thousand eight hundred and seventy-five, without abridgment of their present jurisdiction, but no longer. The court of first criminal jurisdiction for the counties of Schuylkill, Lebanon and Dauphin is hereby abolished, and all causes and proceedings pending therein in the county of Schuylkill shall be tried and disposed of in the courts of oyer and terminer and quarter sessions of the peace of said county. Sec. 12. Registers' Courts Abolished. The registers' courts now in existence shall be abolished on the first day of January next suc- ceeding the adoption of this Constitution. Sec. 13. Judicial 'Districts. The General Assembly shall, at the next session after the adoption of this Constitution, designate the several judicial districts as required by this Constitution. The judges in commission when such designation shall be made shall continue during their unexpired terms judges of the new districts in which they reside ; but, when there shall be two judges residing in the same district, the president judge shall elect to which district he shall be assigned, and the additional law judge shaU be assigned to the other district. Sec. 14. Decennial Adjustment of Judicial Districts. The Gen- eral Assembly shall, at the next succeeding session after each decen- nial census and not oftener, designate the several judicial districts as required by this Constitution. Sec. 15. Judges in Commission. Judges learned in the law of any court of record holding commissions in force at the adoption of this Constitution shall hold their respective offices until the ex- piration of the terms for which they were commissioned, and until their successors shall be duly qualified. The Governor shall com- mission the president judge of the court of first criminal jurisdiction for the counties of Schuylkill, Lebanon and Dauphin as a judge of the court of common pleas of Schuylkill county, for the unexpired term of his office. Sec. 16. President Judges. Casting Lots. Associate Judges. After the expiration of the term of any president judge of any court of common pleas, in commission at the adoption of this Constitution, the judge of such court learned in the law and oldest in commission shall be the president judge thereof; and when two or more judges are elected at the same time in any judicial district they shall de- cide by lot which shall be president judge; but when a president 69 1873, Schedule No. 1. judge of a court shall be re-elected he shall continue to be president judge of that court. Associate judges not learned in the law, elected after the adoption of this Constitution, shall be commissioned to hold their offices for the term of five years from the first day of January next after their election. Sec. 17. Compensation of Judges. The General Assembly, at the first session after the adoption of this Constitution, shall fix and de- termine the compensation of the judges of the Supreme Court and of the judges of the several judicial districts of the Commonwealth; and the provisions of the fifteenth section of the article on legislation shall not be deemed inconsistent herewith. Nothing contained in this Constitution shall be held to reduce the compensation now paid to any law judge of this Commonwealth now in commission. Sec. 18. Courts of Philadelphia and Allegheny Counties. Organi- zation in Philadelphia. The courts of common pleas in the coun- ties of Philadelphia and Allegheny shall be composed of the present judges of the district court and court of common pleas of said coun- ties until their offices shall severally end, and of such other judges as may from time to time be selected. For the purpose of first or- ganization in Philadelphia the judges of the court number one shall be judges Allison, Pierce and Paxson; of the court number two, Judges Hare, Mitchell and one other judge to be elected ; of the court number three, Judges Ludlow, Finletter and Lynd; and of the court number four. Judges Thayer, Briggs and one other judge to be elected. The judge first named shall be the president judge of said courts respectively, and thereafter the president judge shall be the judge oldest in commission; but any president judge re-elected in the same court or district, shall continue to be president judge thereof. The additional judges for courts numbers two and four shall be voted for and elected at the first general election after the adoption of this Constitution, in the same manner as the two additional judges of the Supreme Court, and they shall decide by lot to which court they shall belong. Their term of office shall commence on the first Mon- day of January, in the year one thousand eight hundred and seventy- five. Sec. 19. Organization of Courts in Allegheny County. In the county of Allegheny, for the purpose of first organization under this Constitution, the judges of the court of common pleas, at the time of the adoption of this Constitution, shall be the judges of the court number one, and the judges of the district court, at the same date, shall be the judges of the common pleas number two. The president judges of the common pleas and district court shall be president judge of said courts number one and two respectively, until their of- 70 1873, Schedule No. 1. fices shall end; and thereafter the judge oldest in commission shall be president judge; but any president judge re-elected in the same court or district, shall continue to be president judge thereof. Sec. 20. When Re-organization of Courts to Take Effect. The organization of the courts of common pleas under this Constitution for the counties of Philadelphia and Allegheny shall take effect on the first Monday of January, one thousand eight hundred and seventy- five, and existing courts in said counties shall continue with their present powers and jurisdiction until that date, but no new suits shall be instituted in the courts of nisi prius after the adoption of this Constitution. Sec. 21. Causes Pending in Philadelphia. Transfer of Records. The causes and proceedings pending in the court of nisi prius, court of common pleas, and district court in Philadelphia, shall be tried and disposed of in the court of common pleas. The records and dockets of said courts shall be transferred to the prothonotary's of- fice of said county. Sec. 22. Causes Pending in Allegheny County. The causes and proceedings pending in the court of common pleas in the county of Allegheny shall be tried and disposed of in the court number one; and the causes and proceedings pending in the district court shall be tried and disposed of in the court number two. Sec. 23. Prothonotary of Philadelphia County. The prothonotary of the court of common pleas of Philadelphia shall be first appointed by the judges of said court on the first Monday of December in the year one thousand eight hundred and seventy-five, and the present prothonotary of the district court in said county shall be the pro- thonotary of the said court of common pleas until said date when his commission shall expire, and the present clerk of the court of oyer and terminer and quarter sessions of the peace in Philadelphia shall be the clerk of such court until the expiration of his present commission on the first Monday of December, in the year one thou- sand eight hundred and seventy-five. Sec. 24. Aldermen. In cities containing over fifty thousand in- habitants, except Philadelphia, all aldermen in oiBce at the time of the adoption of this Constitution shall continue in ofl&ce until the expiration of their commissions, and at the election for city and ward officers in the year one thousand eight hundred and seventy-five one alderman shall be elected in each ward as provided in this Constitu- tion. Sec. 25. Magistrates in Philadelphia. In Philadelphia magis- trates in lieu of aldermen shall be chosen as required in this Con- stitution, at the election in said city for city and ward oflScers in the 71 1873, Schedule No. 1. year one thousand eight hundred and seventy-five; their term of of- fice shall commence on the first Monday of April succeeding their election. The terms of oflSce of aldermen in said city holding or en- titled to commissions at the time of the adoption of this Constitution shall not be aflfceted thereby. Sec. 26. Term of Present Officers. All persons in ofiSce in this Commonwealth at the time of the adoption of this Constitution, and at the first election under it, shall hold their respective oflQces until the term for which they have been elected or appointed shall expire, and until their successors shall be duly qualified, unless otherwise provided in this Constitution. Sec. 27. Oath of Oflice. The seventh article of this Constitution prescribing an oath of of&ce shall take effect on and after the first day of January, one thousand eight hundred and seventy-five. Sec. 28. County Commissioners and Auditors. The terms of of- fice of county commissioners and county auditors, chosen prior to the year one thousand eight hundred and seventy-five, which shall not have expired before the first Monday of January, in the year one thousand eight hundred and seventy-six, shall expire on that day. Sec. 29. Compensation of Present Ofiicers. All State, county, city, ward, borough and township officers in office at the time of the adoption of this Constitution, whose compensation is not provided for by salaries alone, shall continue to receive the compensation al- lowed them by law until the expiration of their respective terms of office. Sec. 30. Renewal of Oath of Office. All State and judicial of- ficers heretofore elected, sworn, affirmed, or in office when this Con- stitution shall take effect, shall severally, within one month after such adoption, take and subscribe an oath, or affirmation, to support this Constitution. Sec. 31. Enforcing Legislation. The General Assembly at its first session, or as soon as may be after the adoption of this Consti- tution, shall pass such laws as may be necessary to carry the same into full force and effect. Sec. 32. An Ordinance Declared Valid. The ordinance passed by this Convention, entitled "An ordinance for submitting the amended Constitution of Pennsylvania to a vote of the electors thereof," shall be valid for all the purposes thereof. Sec. 23. City Commissioners of Philadelphia. The words "county commissioners," wherever used in this Constitution and in any ordi- nance accompanying the same, shall be held to include the commis- sioners for the city of Philadelphia. 72 1873, Schedule No. 2. Adopted at Philadelphia, on the third day of November, in the year of our Lord, one thousand eight hundred and seventy-three. Filed in the office of the Secretary of the Commonwealth, Novem- ber 13, 1873. M. S. QUAY, Secretary of the Commonwealth. JNO. H. WALKER, President. D. L. IMBRIE, Chief Clerk. (SCHEDULE NO. 2.) (AMENDMENTS OF NOVEMBER 2, 1909.) Sec. 1. Adjustments of Terms of Public Officers to Amendments of 1909. That no inconvenience may arise from the change in the Consti- tution of the Commonwealth, and in order to carry the same into complete operation, it is hereby declared that — In the case of officers elected by ' the people, all terms of office fixed by act of Assembly at an odd number of years shall each be lengthened one year, but the Legislature may change the length of the term, provided the terms for which such officers are elected shall always be for an even number of years. The above extension of official terms shall not affect officers elected at the general election of one thousand nine hundred and eight; nor any city, ward, borough, township, or election division officers, whose terms of office, under existing law, end in the year one thousand nine hundred and ten. In the year one thousand nine hundred and ten the municipal election shall be held on the third Tuesday of February as heretofore ; but all officers chosen at that election to an office the regular term of which is two years, and also all election officers and assessors chosen at that election, shall serve until the first Monday of December in the year one thousand nine hundred and eleven. All officers chosen at that election to offices the term of which is now four years, or is made four years by the operation of these amendments or this schedule, shall serve until the first Monday of December in the year 73 1873, Schedule No. 2. one thousand nine hundred and thirteen. All justices of the peace, magistrates, and aldermen, chosen at that election, shall serve until the first Monday of December in the year one thousand nine hundred and fifteen. After the year ninteen hundred and ten, and until the Legislature shall otherwise provide, all terms of city, ward, borough, township, and election division officers shall begin on the first Monday of December in an odd-numbered year. All city, ward, borough, and township officers holding office at the iate of the approval of these amendments, whose terms of office may end in the year one thousand nine hundred and eleven, shall continue to hold their offices until the first Monday of December of that year. All judges of the courts for the several judicial districts, and also aU county officers, holding office at the date of the approval of these amendments, whose terms of office may end in the year one thou- sand nine hundred and eleven, shall continue to hold their offices until the first Monday of January, one thousand nine hundred and twelve. 74 (75) (76) (77) (78) LEGISLATION PROHIBITED IN PENNSYLVANIA ANALYTICALLY INDEXED. (79) (80) PROHIBITED LEGISLATION. Art. Sec. ADOPTION of children, Local or special law authorizing Ill 7 AGENT, public. Giving extra compensation to, after services shall have been rendered or contract made, Ill 11 ALDERMAN, Local or special Isiw regulating the practice or jurisdiction of, or changing the rules of evidence in any judi- cial proceeding or inquiry before, Ill 7 ALDERMEN, Regulating the fees or extending the powers and duties of, by local or special law, Ill 7 ALLEYS, Local or special law authorizing the laying out, open- ing, , altering or maintaining, Ill 7 ALLEYS , Special or local law vacating, Ill 7 ALTERATION of charter of corporation existing in 1873, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of the state consti- tution, XVI 2 AMENDING a law by title only, Ill 6 AMENDING, renewing or extending charters of corporations by local or special law, Ill 7 AMENDMENT to charter of corporation existing in 1873, except upon condition that such corporation shall thereafter hold its charter subject to the provisions of the state constitution , . . XVI 2 AMENDMENTS to constitution. Authorizing submission of oftener than once in five years, XVIII- 1 APPORTIONMENT, Dividing ward, borough or township in forming senatorial district II .16 APPORTIONMENT (Representative) . Giving district more than four representatives , .' II 17 APPORTIONMENT (Senatorial). Dividing county unless en- titled to two or more senators, : II 10 APPORTIONMENT (Senatorial) . Giving city or county greater representation than one-sixth of whole number of senate, . . II 18 APPROPRIATION of money, except for pensions or gratuities^ for military services, to any person or community for chari- table, educational, or benevolent purposes, or to any de- nominational or sectarian institution, corporation or asso- ciation, Ill 18 APPROPRIATION of money to any charitable or educational institution not under the absolute control of the Common- wealth, other than State normal schools, except by a two- thirds vote of all the members elected to each Hotise, Ill 17 APPROPRIATION of school money to sectarian school, X 2 ARBITRATORS, Local or special law regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before, Ill 7 6 (8J) INDEX. Art. Sec. ARMS, Impairing right of citizens to bear, in defense of them- selves, ■'■ ASSOCIATION. See also appropriation. ASSOCIATION, Granting to, by local or special law, the right to lay down a raUroad track Ill ' ASSOCIATION, Local or special law granting any special or ex- clusive privilege or immunity to, Ill ' ASSUMING, the debt, or any part thereof, of any city, county, borough, or township, unless such debt shall have been con- tracted to enable the State to repel invasion, suppress domestic insurrection, defend itself in time of war, or to assist the State in the discharge of any portion of its pre- sent indebtedness, IX 9 ATTAINDER, Any law forfeiting estate in case of, I 19 ATTAINTING any person of treason or felony, I 18 AUDITORS, Local or special law regulating the practice or juris- diction of, or changing the rules of evidence in any judicial proceeding or inquiry before , Ill 7 ' AUTHORIZING any county, city, borough, township, or incor- porated district to become a stockholder in any company, as- sociation or corporation , IX 7 AUTHORIZING any county, city, borough, township or incor- porated district to obtain or appropriate credit for, or to loan its credit to, any corporation, institution or individual, IX 7 AUTHORIZING by local or special law the adoption or legiti- mation of children, Ill 7 AUTHORIZING by local or special law the creation, extension or impairing of liens, Ill 7 AUTHORIZING the investment of trust funds by executors, ad- ministrators, guardians or other trustees, in the bonds or stock of any private corporation, Ill 22 AUTHORIZING by local or special law the laying out, open- ing, altering or maintaining, roads, highways, streets or alleys, Ill 7 BANKING and discounting corporation. Granting charter to, for more than twenty years , XVI 11 BOROUGH, Authorizing any, to become a stockholder in any company, association or corporation, IX 7 BOROUGH, Authorizing any, to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution or individual, IX 7 BOROUGH limits. Local or special law changing, Ill 7 BOROUGH, Local or special law prescribing powers and duties of oflBcers in, lU 7 BOROUGH, Any local or special law regulating affairs of, III 7 BOROUGH, Any local or special law erecting, HI 7 BRIDGE companies, Any special or local law incorporating (ex- cept over State boundary streams) , Ill 7 BRIDGES, Any special or local law relating to (except over State boundary streams), Ill 7 82 INDEX. Art. Sec. BUILDING or repairing of school houses. Local or special law regulating, or regulating the raising of money for such pur- poses Ill 7 CEMETERIES (other than State), Any Jocal or special law re- lating to, Ill 7 CHANGING by local or special law the charter of cities, towns or villages, Ill 7 CHANGING county lines by any local or special law, Ill 7 CHANGING county seats, by' any local or special law, Ill 7 CHANGING by any local or special law the law of descent or succession, , Ill 7 CHANGING by any local or special law the method for the col- lection of debts, Ill 7 CHANGING the methods for the enforcing of judgments, Local or special law, Ill 7 CHANGING by any local or special law the names of persons or places, Ill 7 CHANGING by any local or special law the rules of evidence in any judicial proceeding or inquiry before courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, masters in chancery, or other tribunals, Ill 7 CHANGING township lines, borough limits or school districts, by any local or special law , Ill 7 CHANGING venue in civU or criminal cases by any local or special law Ill 7 CHARITABLE or educational institution not under the absolute control of the Commonwealth, appropriating money to (other than State normal schools) except by a two-thirds vote of all members elected to each House, Ill 17 CHARTER of banking corporation. Granting, for more than twenty years, XVI 11 CHARTER of corporation, Any local or special law amending, renewing or extending , ' Ill 7 CHARTER of corporation existing in 1873, Remission of forfeiture of, or alteration of, or amendment to, except on the condi- tion that such corporation shall thereafter hold its charter subject to the provisions of the State Constitution, XVI 2 CHARTERS of cities, towns or villages. Any local or special law changing, Ill 7 . CHILDREN, Any local or special law authorizing the adoption or legitimation of, Ill 7 CITY, Any local or special law changing charter of, Ill 7 CITY, Any local or special law incorporating, Ill 7 CITY, Any local or special law prescribing powers and duties of officers in, Ill ' CITY, Any local or special law regulating affairs of, Ill 7 CITY, Authorizing any, to become stockholder in any company, association or corporation, IX 7 Ra INDEX. Art. Sec. CITY, Authorizing any, to obtain or appropriate money for, or to ■loan its credit to, any corporation, association, institution or individual , IX 7 CLAIM against the Commonwealth, providing for the payment of, without previous authority of law, Ill H COLLECTION of debts. Any local or special law providing or changing methods for, Ill 7 CONDUCTING elections, Any local or special law for, Ill 7 CONFERRING provisions of a law by title only, Ill 6 CONSTABLES, Regulating the tees of or extending the powers and duties of, by local or special law, Ill 7 CONSTITUTION, amendments to. Authorizing submission of, of tener than once in five years , XVIII 1 COMMISSIONERS, Any local or special law regulating the prac- tice or iurisiction of, or changing the rules of evidence in any judicial proceeding or inquiry before, Ill 7 COMMUNITY, Appropriating money to, for charitable, educa- tional or benevolent purposes (except for pensions or gratui- ties for military services) , Ill 18 COMPENSATION. See also Salary: Emoluments. COMPENSATION (extra). Any law giving, to any public oflBcer, servant, employe, agent or contractor, after services shall have been rendered or contract made, Ill 11 COMPENSATION for General Assembly other than salary and mileage, II 8 CONTINUING or creating any State office for the inspection or measuring of any merchandise, manufacture or commodity. III 27 CONTRACTOR, Giving extra compensation to, after contract made or services rendered Ill 11 CONTRACTS, Impairing obligation of, I 17 CORPORATION, Abridging police powers of State so as to per- mit corporations to infringe equal rights of individuals or the general well-being of the State , XVI 3 CORPORATION, Abridging State's right to take property and franchises of, for public use by eminent domain, XVI 3 CORPORATION, Abridging State's right to tax, IX 3 CORPORATION, Any law prescribing limitations of time within which suits may be brought against, for injuries to persons or property, or for other causes different from those fixed by general laws regulating actions against natural persons. III 21 CORPORATION, Any local or special law creating, or amend- ing, renewing, or extending the charters thereof, Ill 7 CORPORATION, Creating, renewing, or extending charter of more than one, by one law, XVI 10 CORPORATION, Exchanging, — transferring, remitting, post- poning, diminishing, or releasing obligation or liability of (held or owned by the Commonwealth) except by payment thereof into the State Treasury, Ill 24 84 INDEX. Art. Sec CORPOEATION existing in 1873, Bemission of forfeiture of charter of, altering or amending charter of, or passage of any general or special law for the benefit of, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of the State constitution,.. XVI 2 OOEPORATION, Granting by local or special law the right to lay down a raUroad track, Ill 7 CORPORATION, Local or special law granting any special or exclusive privilege or immunity to, Ill 7 CORPORATION with banking and discounting privileges. Grant- ing charter to, for more than twenty years, XVI 11 CORRUPTION of blood by reason of attainder, I 19 COUNTY, Any local or special law prescribing powers and du- ties of ofiicers in, Ill 7 COUNTY, Any local or special law regulating affairs of Ill 7 COUNTY, Auth.)rizing any to become a stockholder in any com- pany, association or corporation, IX 7 COUNTY, Authorizing any, to obtain or appropriate money for, or to loan its credit to, any corporation, association, insti- tution or individual , IX 7 COUNTY lines, Local or special law changing, Ill 7 COUNTY (new). Any local or special law erecting, Ill 7 COUNTY (new), Establishment of, having less than four hun- dred square miles or less than twenty thousand inhabitants, XIII 1 COUNTY (new). Establishment of, which shall reduce any county to loss than four hundred square miles, or to less than twenty thousand inhabitants , XIII 1 COUNTY (new), Authorizing line of, to pass within ten miles of county seat of county purposed to be divided , XIII 1 COUNTY officers. Law recompensing other than by salary, in counties having over one hundred fifty thousand inhabitants, XIV 5 COUNTY seats, Any local or special law locating or changing. III 7 COURT, presided over by one or more of the judges of the Su- preme Court, any law establishing, V 21 COURT, exercising powers vested in the judges of the common pleas and crphans' courts. Creation of special, V 26 COURT, Any local or special law regulating the practice or ju- risdiction of, or changing the rules of evidence in, any judicial proceeding or inquiry before, Ill 7 CREATING any State ofiice for the inspection or measuring of any merchandise, manufacture or commodity, Ill 27 CREATING corporation, or amending, renewing or extending charters thereof, by local or special law, Ill 7 CREATING debt by or on behalf of State, except to supply casual deficiencies of revenue, repel invasions, suppress insurrec- tion, defend the State in war, or to pay existing debt, IX 4 CREATING oflices by local or special law, Ill " CREATING, renewing or extending charter of more than one corporation in one law, XVI 10 CREDIT of the Commonwealth, Pledging or loaning to any in- dividual , company , corporation or association , IX 6 CRUEL punishments, Inflicting, I 13 85 INDEX. Art. Sec. DEBT, Creating by or on behalf of State, except to supply casual deficiencies of revenue, repel invasions, suppress insurrec- tion, defend the State in war, or to pay existing debt, IX i DEBT, Exceeding one million dollars to supply deficiencies in revenue, IX 4 DEBT, on any lart thereof, of any city, county, borough or town- ship. Assuming by the Commonwealth, unless such debt shall have been contracted to enable the State to repel invasion, suppress domestic insurrection, defend itself in time of war, or to assist the State in the discharge of any portion of its present indebtedness, IX y DEBTS, Any local or special law providing or changing methods for collection of, Ill 7 DELEGATING to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or ef- fects, whether held in trust or otherwise, or to levy taxes or perform any municipal function whatever, Ill 20 DENOMINATIONAL or sectarian institution, corporation or association , Appropriating money to , Ill 18 DEPRIVING any person of right of appeal from preliminary as- sessment of damages for property taken by right of eminent domain, XVI 8 DESCENT, Any local or special law changing law of, Ill 7 DIMINISHING or increasing salary or emoluments of public of- ficer after his election or appointment , Ill 13 DISABILITY, Estates of persons under. Any local or special law affecting, may be passed only after due notice to all parties in interest, to be recited in the special enactment. III 7 DISCOUNTING privileges, Granting for more than twenty years, a charter to any corporation possessing, XVI 11 DISQUALIFICATION to hold ofBce on account of religious sentiments , I 4 DISTINCTION (hereditary). See Title of Nobility. DISTRICT. See also Apportionment: School: Election. DISTRICT (incorporated). Authorizing any, to become a stock- holder in pny company, association or corporation, IX 7 DISTRICT (incorporated). Authorizing any, to obtain or ap- propriate money for, or to loan its credit to, any corpora- tion, association, institution or individual, IX '7 DIVORCES, Any local or special law granting Ill 7 DUTIES of aldermen, justices of the peace, magistrates or con- stables , Extending by special or local law, Ill 7 DUTIES of officers in counties, cities, boroughs, townships, elec- tion or school districts. Any local or special law prescrib- ing, Ill 7 EDUCATIONAJy institutions (other than State normal schools) not under the absolute control of the Commonwealth, Ap- propriating money to, except by a two-thirds vote of all members e'ected to each House, HI 17 86 INDEX. Art. Sec. EFFECT of judicial sales of real estate, Local or special law prescribing, Ill 7 ELECTION districts. Local or special law prescribing powers and duties of officers in, Ill 7 ELECTIONS, Local or special law fixing or changing voting place, Ill 7 ELECTIONS, Ijocal or special law for opening and conducting. III 7 EMIGRATION from State, Any law prohibiting, I 25 EMINENT DOMAIN, Abridging State's right of, so as to prevent the State from taking the property of corporations for pub- lic use, XVI 3 EMINENT DOMAIN, Depriving any person of right of appeal from preliminary assessment of damages for property taken by right of, .' XVI S EMOLUMENTS. See also Compensation: Salary. EMOLUMENTS or salary of public officer. Increasing or dimin- ishing after his election or appointment, Ill 13 EMPLOYE, public. Giving extra compensation to, after services shall have been rendered, Ill 11 ENFORCING of judgments. Local or special legislation providing or changing methods for, Ill 7 ERECTING new counties by local or special law , Ill 7 ERECTING new townships or boroughs by local or special law. III 7 ESTABLISHMENT of new county having less than four hun- dred square miles or less than twenty thousand inhabitants, XIII 1 ESTABLISHMENT of new county which shall reduce any county to less than four hundred square miles or to less than twenty thousand inhabitants, XIII 1 ESTATES of minors or persons under disability. Local or special law affecting, may be passed only after due notice to all parties in interest, to be recited in the special enactment,.. Ill 7 EVIDENCE in any judicial proceeding or inquiry before courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, masters in chancery or other tribuniils. Local or special law changing rules of, Ill 7 EXCESSIVE fines. Imposing, I 13 EXCHANGING, transferring, remitting, postponing, or dimin- ishing the obligation or liability of any railroad or other corporation held or owned by the Commonwealth or releas- ing same except by payment into the State Treasury, Ill 24 EXCLUSIVE privilege of immunity to any corporation, associa- tion, or individual. Local or special law granting, Ill 7 EXEMPTING, by local or special law, property from taxation. III 7 EXEMPTING property from taxation, other than public prop- erty used for public puroses, actual places of religious wor- ship, places of burial not used or held for private or cor- porate profit, and institutions of purely public charity, IX 2 EX POST facto laws I 17 EXTENDING, by local or special law, the powers and duties of aldermen, -justices of the peace, magistrates or con- stables, m ■? EXTENDING charter of more than one corporation by one law, XVI 10 87 INDEX. Art. See. EXTENDING charters of corporation by local or special law,.. Ill 7 EXTENDING provisions of a law by title only, Ill 6 EXTENDING the term of any public officer, or increase or di- minish his salary or emoluments after his election or ap- pointment, Ill 13 EXTRA compensation, Giving to any public officer, servant, em- ploye, agent or contractor, after services shall have been rendered or contract made, Ill 11 FEES of aldermen, justices of the peace, magistrates or con- stables. Regulating by local or special law, Ill 7 FELONY, Attaining any person of, I 18 FERRIES, Any special or local law relating .to, Ill 7 FERRY companies. Any special or local law incorporating, III 7 FINES , Imposing excessive, I 1.3 FINES , Any local or special law remitting, Ill 7 FIXING, by local or special law, the rate of interest, Ill 7 FIXING place of voting, by local or special law, Ill 7 FORFEITING estate in case of attainder or suicide, I 19 FORFEITURE of charter of corporation existing in 1873, Remis- sion of, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of the State constitution , XVI 2 FORFEITURES, Any local or special law remitting Ill 7 FORMATION of new county having less than four hundred square miles or twenty thousand inhabitants, XIII 1 FREEDOM of press. Restraining, 1 7 GRANTING, by local or special law, to any corporation, asso- ciation, or individual any special or exclusive privilege or immunity, or to any corporation, association or individual the right to lay down a railroad track Ill 7 GRANTING divorces by local or special law, Ill 7 GRANTING powers or privileges in any case where the grant- ing of such powers and privileges shall have been provided for by general law, or where the courts have jurisdiction to grant the same or give the relief asked for, III 7 GRAVEYARDS (other than State), Local or special law relating to, Ill 7 HEREDITARY distinction. See Title of nobility. HIGHWAYS, Any local or special law authorizing the laying out, opening, altering or maintaining , Ill 7 INDIVIDUAL, Granting to, by local or special law, the right to law down a railroad track , Ill 7 INDIVIDUAL, Any local or special law granting any special or exclusive privilege or immunity to, Ill 7 INCORPORATED DISTRICT, Authorizing any, to become a stockholder in any company, association or corporation, ..IX 7 88 INDEX. Art. Sec. INCORPORATED DISTRICT, Authorizing any, to obtain or appropriate money for, or to loan its credit to, any cor- poration, association, institution or individual, IX 7 INCORPORATING cities, towns or villages by local or special ^^^> Ill 7 INCORPORATING ferry or bridge companies by local or special law, Ill 7 INCREASE. See Salary. INCREASING or diminishing salary or emoluments of public of- ficer after his election or appointment , Ill X3 INJURIES resulting in death or injuries to persons or property. Limiting the amount to be recovered for, Ill 21 IMMUNITY. See also Privileges. IMMUNITY, special or exclusive, to any corporation, associa- tion or individual. Local or special law granting, Ill 7 IMPAIRING obligation of contracts I 17 IMPOSING duties on Supreme Court or any of the judges thereof, except such as are judicial, V 21 INQUIRY before courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, masters in chancery, or other tribunal, Local or special law regulating the prac- tice or jurisdiction of, or changing the rules of evidence in. III 7 INSPECTION or measuring of any merchandise, manufacture or commodity. Continuing or creating any State office for, III 27 INTEREST, rate of. Fixing by locajl or special law, Ill 7 INVESTMENT of money of sinking fund. Law authorizing, in anything except bonds of the United States or of this State, IX 12 INVESTMENT of trust funds by executors, administrators, guardians, or trustees in the bonds or stock of any private corporation. Any law authorizing, Ill 22 JOINT owner in any company, association, or corporation, Causing the Commonwealth to become, IX 6 JUDGES. See also Court. JUDGES, Giving compensation, fees or perquisites to, other than stated salary, V, 18 JUDGMENTS, Ijocal or special legislation providing or chang- ing methods of enforcing, Ill 7 JUDICIAL proceeding before courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, masters in chancerj-, or other tribunal. Local or special law regu- lating practice or jurisdiction of, or changing the rules of evidence in Ill 7 JURISDICTION of any judicial proceeding or inquiry before courts, aldermen, justices of the peace, sheriffs, commis- sioners, arbitrators, auditors, masters in chancery or other tribunal, Local or special law regulating, Ill 7 JURY, Preventing trial by, I 6 JUSTICES OF THE PEACE, Local or special law regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before, Ill 7 89 INDEX. Art. Sec. JUSTICES OF THE PEACE. Regulating the fees or extending the powers and duties of, by local or special law, Ill 7 LABOR, Any local or special law regvdating, Ill 7 LEGITIMATION of children. Any local or special law authoriz- ing, Ill 7 LIABILITY of any railroad or other corporation, held or owned by the Commonwealth, exchanging, transferring, remitting, postponing, diminishing, or releasing, except by payment thereof into the State Treasury , Ill 24 LIENS, Creation, extension or impairing of by local or special law, Ill 7 LIMITATIONS of time within which suits may be brought against corporations for injuries to persons or property, or for other causes different from those fixed by general laws regulating actions against natural persons. Any law pre- scribing the Ill 21 LIMITING the amount to be recovered for injuries resulting in death or for injuries to persons or property Ill 21 LIMITS of borough. Any local or special law changing, Ill 7 LOANING or pledging the credit of the Commonwealth to any individual, company, corporation, or association, IX 6 LOCAL laws. (See particular subject). LOCAL or special law. Enacting by partial repeal of a general law, Ill 7 LOCATING or changing county seats by local or special law, . . Ill 7 MAGISTRATES, Regulating the fees or extending the powers and duties of, by local or special law, Ill 7 MANUFACTURING, Any local or special law regulating, .... Ill 7 MASTERS in chancery. Local or special law regulating practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before, Ill 7 MEASURING of any merchandise, manufacture or commodity. Continuing or creating any State office for, Ill 27 METHODS for the collection of debts, Local or special law pro- viding or changing , Ill 7 MILEAGE. See Salary. MINING, Any local or special law regulating, Ill 7 MINORS, Local or special law affecting estates of, may be passed only after due notice to all parties in interest, to be recited in the special enactment, Ill 7 MONEYS legally paid into the treasury. Refunding by local or special law Ill 7 MONEYS of the sinking fund. Authorizing investment in any- thing except bonds of the United States or this State IX 12 MUNICIPALITY. See Borough; City; County; Township. 90 INDEX. Art. Sec. NAMES of persons or places, Any local or special law ohajiging, III 7 NEW borough, Any local or special law erecting, Ill 7 NEW counties. Any local or special law erecting, Ill 7 NEW county. Establishment of which shall reduce any county to less than four hundred square miles or to less -than twenty thousand inhabitants, XIII 1 NEW county, Formation of, having less than four hundred square miles or less than twenty thousand inhabitants XIII 1 NEW county, Authorizing line of, to pass within ten miles of county seat of county proposed to be divided, XIII I NEW township. Any local or special law erecting, Ill 7 OBLIGATION or liability of any railroad or other corporation, held or owned by the Commonwealth, exchanging, trans- ferring, remitting, postponing, diminishing or releasing except by payment thereof into the State Treasury Ill 24 OFFICE, Creating any, to which appointment shall be for longer period than good behavior, I 24 OFFICER, public. Extending term of, or increasing or dimin- ishing his salary or emoluments, after his election or ap- pointment, Ill 13 OFFICER, public. Giving extra compensation to, after services shall have been rendered , Ill u OFFICERS in counties, cities, boroughs, townships, election or school districts. Local or special law prescribing powers and 'duties of, Ill 7 OFFICES , Any local or special law creating, Ill 7 OPENING and conducting elections. Any local or special law for. III 7 ORIGINAL JURISDICTION. See Supreme Court. PARTIAL repeal of a general law, Enacting local or special by. III 7 PAYMENT of any claim against the Commonwealth, Providing for, without previous authority of law, Ill 11 PENALTIES , Any local or special law remitting, Ill 7 PERSON, Appropriating any money to, for charitable, educa- tional or benevolent purposes (except for pensions or gratuities for military services) , Ill 18 PERSONS, Changing names of, by local or special law, Ill 7 PERSONS under disability. Local or special law affecting estates of, may be passed only after due notice to all parties in interest, to be recited in the special enactment, Ill 7 PETITION for redress of grievances. Impairing right of, I 20 PLACES, Changing names of, by local or special law, Ill 7 PLATS, town, Any special or local law vacating, Ill 7 PLEDGING or loaning credit of Commonwealth to any indi- vidual, company, corporation or as.'!ociation, IX 6 POLICE powers of State, Abridging, so as to permit corpora- tions to infringe rights of individuals or the well-being of the State XVI 3 POSTPONING the obligation or liability of any railroad or other corporation, held or owned by the Commonwealth, Ill 24 91 INDEX. Art. Sec. POWERS and duties of aldermen, justices of the peace, mag- istrates or constables. Extending by local or special law, .. Ill ' POWERS and duties of officers in counties, cities, boroughs, townships, election or school districts. Any special or local law prescribing, ■ ■ HI 7 POWERS and privileges. Any law granting, where the granting of such powers and privideges shall have been provided for by general law or where the courts have jurisdiction to grant ■the same or give the relief asked for, ; Ill 7 PRACTICE in any judicial proceeding or inquiry before courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, masters in chancery or other tribunal. Local or special law regulating Ill 7 PRESCRIBING any limitations of time within which suits may be grought against corporations for injuries to 'persons or property, or for other causes different from those fixed by general laws, regulating actions against natural persons,.. Ill 21 PRESCRIBING by local or special law, the effect of judicial sales of real estate , Ill 7 PRESCRIBING the powers and duties of officers in counties, cities, boroughs, townships, election or school districts. Local or special law , Ill 7 PRESS, Restraining freedom of, 1 7 PRIVILEGES, special or exclusive. Local or special law, grant- ing to any corporation, association or individual Ill 7 PRIVILEGES and immunities, special. Irrevocable grants of , . . I . 17 PRIVILEGES and powers, Any law granting, where the grant- ing of such powers and privileges shall have been provided for by general law, or where the courts have jurisdiction to grant the same or give the relief asked for Ill 7 PROCEEDING, judicial, before any courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, masters in chancery or other tribunals, Local or special law regulating practice or jurisdiction of, or changing the rules of evidence in , Ill 7 PROPERTY, Any local or special law exempting from taxation. III 7 PROVIDING for the payment of any claim against the Com- monwealth previous authority of law, '. Ill 11 PROVIDING or changing methods for the collection of debts. Local or special legislation , Ill 7 PROVIDING or changing methods for the enforcing of judg- ments. Local or special legislation, Ill 7 PUBLIC grounds (other than State) , Any local or special law relating to , Ill 7 PUBLIC officer, Extending term of, or increasing or diminish- ing his salary or emoluments, after his election or appoint- ment, Ill 13 PUBIjIC officer, Giving extra compensation to, after services shall have been rendered , Ill n PUBLIC school moneys. Appropriating to any sectarian school, X 2 92 INDEX. Art. Sec. PUBLIC schools, Eegulating the management of, by local or spe- cial law, ni 7 PUNISHMENTS, Inflicting cru.el 1 13 RAILROAD, obligation or liability of, held or owned by the Commonwealth, Exchanging, transferring, remitting, post- poning, diminishing, or releasing, except by payment thereof into the State Treasury Ill 24 RAILROAD track. Local or special law granting to any corpora- tion, association, or individual the right to lay Ill 7 RAISING of money for building or repairing school houses, Local or special law regulating, Ill 7 RATE of interest, Fixing by local or special law, Ill 7 REAL ESTATE, Local or special law prescribing effect of judicial sales of, Ill 7 REAL ESTATE, Local or special law exempting from taxation, III 7 REFUNDING by special or local law moneys legally paid into the treasury Ill 7 REGULATING affairs of counties, cities, townships, wards, bor- oughs, or school districts, Special or local legislation, III 7 REGULATING by local or special law, the management of pub- lic schools, the building or repairing of school houses, and the raising of money for such purposes, Ill 7 REGULATING labor, trade, mining or manufacturing, by local or special law, Ill 7 REGULATING the fees or extending the powers and duties of aldermen, justices of the peace, magistrates or constables, by local or special law, Ill 7 REGULATING the practice or jurisdiction of any judicial pro- ceeding or inquiry before courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, masters in chancery or other tribunals. Local or special law, Ill 7 RELEASING obligation or liability of any railroad or other corporation held or owned by the Commonwealth, except by payment thereof into the State Treasury, Ill 24 RELIGION, Giving preference to any particular I 3 RELIGIOUS SENTIMENTS, Any law disqualifying a person to hold office on account of, 1 4 REMITTING I'nes, penalties and forfeitures by local or special law, in 7 REMITTING torfeiture of charter of corporation (existing in 1873) except upon the condition that such corporation shaU thereafter hold its charter subject to the provisions of the State Constitution, XVI 2 REMITTING the obligation or liability of any railroad or other corporation, held or owned by the Commonwealth Ill 24 RENEWING charter of more than one corporation by one law, XVI 10 RENEWING charters of corporations by local or special law,.. Ill 7 REPAIRING school houses, Local or special law regulating or regulating the raising of money for such purposes, Ill 7 93 INDEX. Art. Sec. REPEAL, partial, of general law, Enacting local or special law by, Ill 7 REPRESENTATIVES, apportionment of. See apportionment. REVIVING a law by title only, Ill 6 RIGHT of citizens to assemble peaceably and petition for re- dress of grievances. Any law impairing, I 20 ROADS, Any local or special law autliorizing the laying out, opening, altering or maintaining , Ill 7 ROADS , Any special or local law vacating, Ill 7 RULES of evidence in any judicial proceeding or inquiry before courts, aldermen, justices of the peace, sheriffs, commission- ers, arbitrators, auditors, masters in chancery, or other tribunal, Tx)cal or special law changing, Ill 7 SALARY. See also Compensation; Emoluments. SALARY or emoluments of public officer, Increasing or dimin- ishing after his election or appointment, Ill 13 SALARY or mileage. Granting increase of, to member of As- sembly during his term , II 8 SALES (judicial) of real estate, Local or special law prescrib- ing the effect of, Ill 7 SCHOOL districts, Local or special law changing, Ill 7 SCHOOL districts. Any local or special law prescribing powers and duties of officers in , Ill 7 SCHOOL districts, Any local or special law regulating affairs of, Ill 7 SCHOOL houses. Any local or special law regulating the build- ing or repairing, and the raising of money for such pur- poses, Ill 7 SCHOOL, money. Appropriating to any sectarian school, X 2 SCHOOLS, public, Regulating the management of, by local or special law Ill 7 SECTARIAN or denominational institution, corporation or as- sociation. Appropriating money to, Ill 18 SENATORIAL apportionment. See apportionment (senatorial). SERVANT, public. Giving extra compensation to, after services shall have been rendered , Ill u SHERIFFS, Local or special law regulating the practice or ju- risdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before , Ill 7 SINKING FUND, Law authorizing investment of money belong- ing to, in anything except bonds of the United States or of this State, IX 12 SINKING FUlVD, Using or applying any part of, otherwise then in the extinguishment of the public debt, except in case of war, invasion or insurrection , IX 11 SOLDIERS, Quartering in any house without consent of owner, I 23 SPECIAL COURTS exercising powers of judges of courts of common pleas and orphans' courts. Creation of, V 26 SPECIAL LAWS. See particular subject. 94 INDEX. Art. Sec. SPECIAL or exclusive privilege or immunity, Local or special law granting, to any corporation, association or individual. III 7 SPECIAL or LOCAL law. Enacting by partial repeal of a gen- eral law, Ill 7 SPECIAL PRIVILEGES and IMMUNITIES, Irrevocable grants of, I 17 SPECIAL SESSION, Legislation upon sub.iects not designated in the proclamation of the Governor calling such session , . . Ill 25 STOCKHOLDER in any company, association or corporation. Any law authorizing any county, city, borough, township or incorporated district to become, IX 7 STOCKHOLDER in any company, association or corporation. Causing the Commonwealth to become , IX 6 STREETS, Any local or special law authorizing the laying out, opening, altering or- maintaining Ill 7 STREETS, Any special or local law vacating, Ill 7 SUCCESSION, Anylocal or special law changing law of, Ill 7 SUFFRAGE, Preventing free exercise of right of I 5 SUICIDE, Forfeiting estate in case of I 19 SUPREME COURT, Giving original jurisdiction to, other than enumerated in Sec. 3, Art. V, of the Constitution, viz. in cases of injunction where a corporation is partly defendant, of habeas corpus, of mandamus to courts of inferior jurisdic- tion, and of quo warranto as to all officers of the Common- wealth whose jurisdiction extends over the State, V 3 SUPREME COURT, Giving power of appointment to, other than as provided in the Constitution, V 21 SUPREME COURT, Imposing duties on, except such as are judicial, V 21 SURRENDERING the power to tax corporations and corporate property, by any contract or grant to which the State shall be a party, IX 3 SUSPENDING the power of the State to tax corporations and corporate property, by any contract or grant to which the State shall be a party IX 3 TAXATION. See also Corporation. TAXATION, Exemption of property from, other than public property used for public purposes, actual places of re- ligious worship, places of burial not used or held for pri- vate or corporate profit, and institutions of purely local charity, IX 2 TAXATION, Any local or special law exempting property from. III 7 TERM of public officer, Extending after his election or appoint- ment, in 13 TITLE of nobility or hereditary distinction. Granting of, I 24 TOWN plats. Any special or local law vacating, Ill 7 TOWNS , Any local or special law changing charter of, Ill 7 TOWNS , Local or special law incorporating Ill 7 TOWNSHIP, Any local or special law prescribing powers and duties of officers in, HI 7 INDEX. Art. Sec. TOWNSHIP, Any local or special law regulating affairs of III 7 TOWNSHIP, Authorizing any, to become a stockholder in any company, association or corporation, IX 7 TOWNSHIP, Authorizing any, to obtain or appropriate money for, or to loan its credit to, any corporation, association or individual, IX 7 TOWNSHIP lines, Any local or special law changing, Ill 7 TOWNSHIP (new). Any local or special law erecting, Ill 7 TRACK, railroad, Local or special law granting to any cor- poration, association, or individual the right to lay, Ill 7 TRADE, Any local or special law regulating, Ill 7 TRANSFERRING the obligation or liability of any railroad or other corporation , held or owned by the Commonwealth , . . Ill 24 TREASON, Attainting any person of, I 18 TREASURY, Refunding by local or special law moneys legally paid into, ■. Ill 7 TRIAL by jury, Preventing, I 6 TRIBUNALS, Local or special law regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before, Ill 7 TRUST funds, Authorizing the investment of, by executors, ad- ministrators, guardians or trustees in the bonds or stock of any private corporation, Ill 22 USING or applying any part of sinking fund otherwise than in the extinguishment of the public debt, except in case of war, invasion or insurrection , IX 11 VACATING roiids, town plats, streets or alleys by special or local law, Ill 7 VENUE in civil or criminal cases. Local or special law chang- ing Ill 7 VILLAGES , Local or special law changing charter of, Ill 7 VILLAGES, Local or special law incorporating, Ill 7 VOTING PLACE, Any special or local law fixing or chang- ing, Ill 7 WARDS, Any local or special law regulating affairs of, Ill 7 WORSHIP, Giving preference to any particular mode of, I 3 96 ANALYTICAL INDEX CONSTITUTION OF 1873. (98) INDEX. Art. Sec. ACCUSED, Rights of, I 9,10 ACTIONS, Damages for injuries. No limit to be placed on amount recoverable, Ill 21 Institution of, in Philadelphia, V 6 Style of process, V 23 ADDRESS, Right of, I 20 ADJOURNMENT of Legislature II 10,14 ADMINISTRATION OF JUSTICE to be free , I 11 ADMINISTRATORS, Investments by Ill 22 ADOPTION of children by special law forbidden, Ill 7 AGENTS, Public, Extra compensation prohibited, Ill 11 ALDERMEN, abolished in Philadelphia, V 12 Election of, V U Special law forbidden affecting practice before or jurisdiction of, Ill 7 Special laws affecting fees or powers of, forbidden, Ill 7 Term of, V U ALLEGHENY COUNTY, Common Pleas courts in, V 6,8 Criminal courts ■ V 8 ALLEYS, Special laws forbidden, Ill 7 ALTERATION of government, a right of the people I 2 Of highways by special laws, forbidden, Ill 7 AMENDMENT of bills, Ill 1,4 Of laws, Ill 6 To constitution, how made, XVIII I APPEAL. See also COURTS. From assessment of damages in eminent domain, XVI 8 Summary conviction, V 14 V^here trial by jury is dispensed with, V 27 APPOINTMENTS to office longer than during good behavior for- bidden, I 24 APPORTIONMENT. See LEGISLATURE. APPROPRIATION bills, Contents of, Ill 15 May be vetoed in part, IV 16 Charitable or educational institutions, .' Ill 17 For certain purposes forbidden, Ill 18 For schools not to be diverted X 2 Minimum for schools, annually, X 1 Of money from State Treasury, Ill 16 Of private property, I 10 Sectarian institutions, Ill 18 ARBITRATORS, Special law forbidden, affecting practice or jurisdiction, HI 7 (99) INDEX. Art. Sec. ARMS, Right to bear, I 21 ARMY. See also MILITARY POWER; MILITIA; SOLDIERS. Governor to be commander-in-chief, IV 7 Standing, in time of peace, I 22 ARREST. See ELECTIONS ; LEGISLATURE. ASSEMBLAGES, Peaceable, of citizens allowed I 20 ASSEMBLY, General. See LEGISLATCTRE. ASSOCIATE JUDGE. See COURTS. ASSOCIATIONS. See also CORPORATIONS. Special privilege to, forbidden, Ill 7 ATTAINDER, Limited efCect of, I 19 Of treason or felony, I 18 ATTORNEY, Accused has right to be heard by, I 9 ATTORNEY GENERAL, Appointed by Governor, IV 8 Member of Board of Pardons IV 9 Part of Executive Department IV 1 AUDITOR GENERAL, Certain duties of, transferred to Secre- tary of Internal Affairs , XVII 11 Election of, IV 21 Filling vacancy in office of, IV 8 May not have two consecutive terms, IV 21 Must approve all contracts, Ill 12 Part of Executive Department, IV 1 Term of, IV 21 AUDITORS, See also COUNTY. Special law forbidden affecting practice or jurisdiction, Ill 7 BAIL, except in capital cases, to be taken , I 14 Not to be excessive, I 13 BALLOT, Elections to be by, or other method, VIII 4 BANKING, Notes and biUs to be secured, XVI 9 Notice of application for charter , XVI 11 Term of charter of corporation engaged in XVI 11 BILLS. See also LEGISLATURE. Amendments to, must be printed, Ill i Appropriation , Contents of, Ill 15 Approval of, by Governor, IV 15 Conference reports on , Ill 5 Disapproved by Governor IV 15 Pinal passage of, Ill 4 Members privately interested in , not to vote on , Ill 33 Notice required for local and special , Ill 8 Passage of, Ill 1,4 Providing for extra compensation to certain persons forbidden. III 11 Reading of, at length, HI 4 Reference and printing of, Ill 2 Retained by Governor, IV 15 Revenue , must originate in House , Ill 14 Signing of, by presiding officers Ill 9 Title must be clearly expressed Ill 3 Veto of, by Governor, IV 15 100 INDEX. Art. Sec. BINDING. See PRINTING AND BINDING. BOARD of Pardons, jy 9 BOARDS. See ELECTIONS. BOROUGH, Changing limits by special law forbidden Ill 7 Creating offices in, by special law, forbidden, Ill 7 Debt of, limited , JX 8 Elections for oflBcers, VIII 3 Erection of, by special law, forbiddf^n, Ill 7 Not to be authorized to become stockholder in corporation,... IX 7 Special law affecting officers of, forbidden, Ill 7 Special laws forbidden, HI 7 Street railway must secure consent of, to lay tracks, XVII 9 BORROWING of money by State, regulated, IX 5 BREACH OF THE PEACE, Members of Legislature guilty of, not privileged from arrest, II ig BRIBERY, Conviction of, to disqualify for office II 7 Of executive or judicial officers of State, Ill 30,31,32 Of members of the Legislature Ill 29,30,31,32 Of public officers, Ill 31,32 Punishment for, HI 31 ^ 32 Testimony of witnesses , Ill 32 BRIDGES, Special laws relating to, forbidden, Ill 7 When special laws for, may be passed Ill 7 BUREAU of Industrial Statistics, IV 19 CANALS. See also CORPORATIONS; RAILROADS; STREET RAILWAYS. ' Acceptance of constitutional provisions, XVII 10 Books open for inspection, XVII 2 Companies not to engage in other business, XVII 5 Consolidation with competing lines forbidden XVII 4 Declared to be common carriers , XVII 1 Declared to be public highways , XVII 1 Discrimination in charges or facilities not to be made, XVII 3,7 General provisions relating to, XVII Must accept constitution , XVII 10 Office to be maintained in State, XVII 2 Officers not to be officers of competing line, XVII i Officers not to engage in certain business, XVII 6 Passes forbidden , XVII 8 Regulation of transportation of property and persons, XVII 3 Transportation privileges of mining or manufacturing com- panies , XVII 5 Under supervision of Secretary of Internal Affairs, XVII 11 CANDIDATES for office, when disqualified, VIII 9 CAPITAL, State, Restrictions in change of, Ill 2S OAPITAIj OFFENCE , not bailable, I 14 CASUALTY, Death from, not to cause forfeiture I - 19 CEMETERIES, Special laws relating to, forbidden, Ill 7 CERTIORARI. See also APPEAL. To courts not of record, V 10 101 INDEX. Art. Sec. CHALLENGE of elector, VIII S To fight duel, punishment for, XII 3 CHANCERY, Common pleas courts to have powers of, V 20 Masters in, special laws concerning, forbidden, Ill 7 CHANGE of name by special law, forbidden , Ill 7 Of venue HI 23 Of venue by special law , forbidden , Ill 7 CHARITABLE institutions. Appropriations to, Ill 17 CHARTER. See also CORPORATIONS. City , General provisions relating to , XV Municipal, Changing of by special law forbidden, Ill 7 CHIEF JUSTICE. See COURTS. CHILDREN, Adoption or legitimation by special law forbidden. III 7 CITIES, Changing charter of, by special law, forbidden, ... III 7 Creating offices in, by special law, forbidden, Ill 7 Debt of, limited, IX 8 Elections for officers, VIII 3 General provisions relating to, XV Incorporation of by special law, forbidden Ill 7 Not to be authorized to become stockholder in corporation, .... IX 7 Representative apportionment in , II 17 Senatorial districts in, II 16 Sinking fund of, XV 3 Special laws relating to, forbidden, Ill 7 Street railway must secure consent of, to lay tracks, XVII 9 When chartered, XV 1 When debt roay be incurred by municipal commission, XV 2 CIVIL, liberty, Preamble. Power , military subordinate to , I 22 Power, not to interfere with elections, I 5 CLAIMS against Commonwealth not to be paid except lawfully authorized Ill 11 CLERK of courts. See COUNTY COLLECTION of debts. See DEBTS. COMMISSION of oyer and terminer or jail delivery, prohibited, I 1.5 Special, Delegation of powers to, by Legislature, Ill 20 COMMISSIONER, Special law forbidden affecting practice or ju- risdiction , Ill 7 COMMISSIONERS. See COUNTY. COMMISSIONS, to be sealed and signed by Governor, IV 22 COMMITTEE, Sessions of legislative, to be open, II 13 COMMON Carriers, Discrimination in charges or facilities not to be made, XVII 3,7 Must accept constitutional provision, XVII 10 Not to engage in other business, if a corporation, XVII 5 Passes forbidden , XVII 8 Railroads and canals to be , XVII I Under supervision of Secretary of Internal Affairs, XVII 11 COMMON PLEAS COURTS. See COURTS. COMMON SCHOOLS . See Superintendent of Public Instruction . 102 INDEX. Art. Sec. COMMONWEALTH, Claims against, not to be paid except by law, Ill 11 Credit of, not to be loaned or pledged, IX 6 Suits against, I 11 COMMUNICATION. See TELEGRAPH ; CORPORATIONS; COMMON CARRIERS. COMMUTATION of sentence, IV 9 COMPANY. See CORPORATIONS. COMPENSATION, Extra, forbidden to certain persons Ill 11 For property taken , injured or destroyed , I 10 Of employes for injuries and occupational diseases, Ill 21 Of judges, V 18 COMPULSORY process. Accused to have, I 9 CONCURRENT orders, to be presented to Governor, Ill 26 Resolutions to be presented to Governor, Ill 26 Vote to be presented to Governor, Ill 26 CONFERENCE committee reports, Ill 5. CONGRESS, Member of, ineligible to Legislature II 6 Member of, not to bold office in State, IV 6 XII 2 CONSCIENCE, Right of, ; I 3 CONSTABLES, Special law affecting, forbidden, Ill 7 CONSTITUTION, Amendments, how made XVIII 1 Schedule to, Page 67 Schedule to amendments of 1909, Page 73 CONTEMPT in present of Legislature, II 11 CONTEST of elections, VIII 10,17 CONTRACTORS, Public, Extra compensation to, prohibited, .. Ill 11 CONTRACTS , Law impairing, forbidden, I 17 State, Members of Legislature and State officers not to be interested in, Ill 12 State supplies. Regulation of, Ill 12 CONTROIiLER. See COUNTY. CORONER. See COUNTY. CORPORATIONS. See also CANALS: COMMON CARRIERS; RAILROADS ; RAILWAYS ; STREET RAILWAYS. Acceptance of constitution a requisite to benefits XVI 2 Banking, Bills and notes to be secured, XVI 9 Notice of application for charter, XVI 11 Term of charter, XVI 11 Charter, held subject to constitution, XVI 2 One law not to include more than one, XVI 10 Revocation or alteration of, by State, XVI 10 Charters of. Unused , to be void, XVI 1 Compensation for property taken or injured by, XVI 8 Cumulative voting permitted, XVI 4 Eminent Domain regulated, XVI 8 Fictitious increase of debt, XVI . 7 Foreign, regulation of, XVI 3 Forfeiture jf charter regulated , XVI 2 General provisions relating to, XVI 103 INDEX. Art. Sec. Increase of stock or debt regulated, XVI 7 Injurious, Control of, by State, XVI 10 Issue of stock regulated, XVI 7 Manufacturing, Transportation privileges of, XVII .) Meaning of word XVI 13 Mining, transportation privileges of, XVII 5 Municipalities not to be authorized to become stockholders in, IX 7 Must not engage in other business, XVI 6 No special limitation of time veithin which suit may be brought against, Ill 21 Obligation of, owned by State, Ill 2-t Police power of State over, not to be abridged, XVI 3 Real estate of, limited , XVI 6 Special law KfEeeting , forbidden Ill 7 Special privilege to, forbidden, Ill 7 State retains right to take property, XVI 8 Taxation of, IX 3 Telegraph , Eights and limitations XVI 12 CORRUPT practices, VIII 8,9 Solicitation , Punishment of, Ill 31 Witnesses compelled to testify , Ill 32 CORRUPTION of blood from attainder, I 19 COUNSEL, Accused may have, I 9 COUNTY. See also COUNTY SEAT. Auditors, Election of, XIV 7 Commissioners , Election of, XIV 7 To include city commissioners of Philadelphia, Sch.T 33 Creating offices in, by special law, forbidden, Ill 7 Debt of, limited, IX 8,1.5 Waterways, subways and railways. Indebtedness for, IX 15 Election of officers, VIII 3 XIV 2 Lines, Special law changing, forbidden, ,. Ill 7 May appoint officers to inspect or measure merchandise, etc.. Ill 27 Guarantee titles to land, Page 67 New limitation or erection of, XIII Special law for, forbidden, Ill 7 Not to be authorized to become stockholder in corporation, .. IX 7 Officers, Accountability of, XIV 6 Compensation of, XIV 5,6 Election of, .' f VIII 3 I XIV 2,7 General provisions relating to , XIV Office to be kept in county town, XIV i Residence required, XIV 3 Vacancy in certain , how iilled , XIV 7 Who are, XIV 1 Representative apportionment in , II 17 Senatorial districts in , II 16 Sheriff not to succeed himself XIV 1 Special law affecting officers of, forbidden Ill 7 104 INDEX, Art. Sec. Special laws forbidden, Ill 7 Treasurer not to succeed himself, XIV 1 Treasury. See COURTS. COUNTY SEATS, Special law relating to, forbidden, Ill 7 COURTS. See also JUSTICES OF THE PEACE. Allegheny County, V 6,8 Appeal to Supreme Court in criminal cases, V 24 Associate judge abolished in certain counties, V 5 Judges, Term of Sch.I 16 Certiorari to courts not of record V 10 Chancery powers, V 20 Clerk of. See COUNTY. Common Pleas districts, V 4,5 In Allegheny County, V 6,8 In Philadelphia, V 6,7,8 Fees to be prid into county treasury, V 13 Felonious homicide, Appeal in case of, V 24 Fines to be paid into county treasury, V 13 General Assembly may establish new , V 1 Injunction, jurisdiction of Supreme Court V 3 Institution of suits in Philadelphia, V 6 Jail delivery, commission of, prohibited, I 15 Judges, appointive powers limited , V 21 Compensation of, V 18 Disqualification of V 18 Duties to be judicial only, V 21 Election end term of, V 2,1.5,16,17 vin 3 Sch.2 Increase in number of, V 6 May not be removed by appointing power, : VI 4 Of common pleas to be justices of the peace, V 10 Priority of commission , V 17 Removal of, V 15 VI 4 Residence of, V 19 Vacancies in office of, ^ 8 V 25 When elected, VIII 3 Judgment dockets in Philadelphia, • ■ • V 7 Judicial districts, V 4,5 To be fixed decenially and not oftener, Sch.I 14 Judicial Power of state vested in certain, V 1 Jury trials. When parties may dispense with, V 27 Laws governing to be uniform V 26 Magistrates, in Philadelphia , V 12 Mandamus, Jurisdiction of Supreme Court, V 3 New, Certain prohibited, ; V 26 Legislature may establish in connection with system for registering, transferring, insuring and guaranteeing land titles , Page 67 105 INDEX. Art. Nisi prius , abolished , V Orphans, V Olerk of V Powers and jurisdiction of, V Separate, V Oyer and Terminer , V Penalties to be paid into county treasury, V Philadelphia county, V Police, in Philadelphia, V Process, Style of, V Prosecutions, Regulation of, V Quarter sessions, V Quo warranto, jurisdiction of Supreme Court, V Shall be open, I Special laws forbidden affecting practice or jurisdiction, III Summary conviction , Appeal from V Supreme , V Election of judges, V Judges not to preside over new, V Residence of, V Jurisdiction of, V Priority of commission , V Vacancies in IV V CREDIT , Municipalities not to be authorized to loan, IX Of State , not to be loaned , IX CRIMES, Conviction of certain, to disqualify for office, II CRIMINAL courts. See -COURTS. Law. See COURTS. Prosecutions, Rights of accused in, I CUMULATIVE voting in corporations permitted, XVI DAMAGES , for personal injuries , Ill For taking or injuring property Ill XVI DEBT. See also DEBTS. Certain not to be charged against the county or municipality, IX City, Sinking fund, XV Credit of State not to be loaned, IX Money borrowed by State shall be for specified purpose, IX Municipal, Increase of, limited, IX Limitation of, IX Not to be assumed by State except in certain cases, IX Philadelphia, IX Provisions to be made for liquidation, IX Sinking fund , IX State, All excess of revenue to be used to pay off, IX Regulation of, IX Reserve moneys to be secured IX Sinking fund , IX 106 Sec. 21 1,9 22 22 22 1,3,8,9 13 6,7,8 12 23 23 1,8,9 3 11 7 14 1,2,3,15, 16,17,18, 19,20,21, 24,25 2,16,17 21 19 3 17 8 25 7 6 7 9,10 4 21 21 8 15 3 6 5 8,15 8,15 9 8 10,15 10,15 12 4 13 11,12 INDEX. Art. To be lien upon improvements , IX Waterworks , subways and railways , IX When incurred by municipal commission, XV DEBTORS, Imprisonment of, I DEBTS, Special law forbidden affecting methods of collecting, .. Ill DECLARATION OF RIGHTS. I DEFENDANT, in criminal proceedings. Rights of I DEFENSE , Right of citizens to bear arms for I DELEGATION of authority by legislation Ill DEODANDS prohibited, I DESCENT, Special law changing, forbidden , Ill DISABILITY, Estate of persons under, special laws affecting, . Ill DISQUALIFICATION for holding office, I II County officers , XIV Governor and Lieutenant Governor, IV Incompatible offices, XII DISTINCTION, Hereditary, prohibited, I DISTRICT ATTORNEY. See COUNTY. DISTRICTS. See COURTS ; ELECTIONS ; LEGISLATURE ; SCHOOL DISTRICT. DIVORCES , Granting by special law forbidden , Ill DUEL, Punishment for fighting, XII EDUCATION. See also SCHOOLS. Duties of Superintendent of Public Instruction, IV General provisions relating to, X Minimum, annual appropriation for, X Women eligible to offices in management of schools , X EDUCATIONAL institutions. Appropriation to, Ill ELECTIONS. See also COUNTY; COURTS; CORPORA- TIONS ; GOVERNOR ; LEGISLATURE. Board, VIII Borough Officers, VIII Bribery or corruption of elector to disqualify, VIII By ballott or other prescribed method, VIII By representatives , to be viva voce , VIII Candidates, When disqualified, VIII Challenged voter to be sworn, VIII City officers, VIII Contested, gubernatorial, IV How tried, VIII Witnesses may be compelled to testify VIII County officers, VIII XIV. Deprivation of right of suffrage, VIII District, how composed, VIII Electors privileged from arrest, VIII General provisions relating to, VIII Sch.2 Governor, IV Interference with, prohibited, I See. 1.5 15 2 16 7 9,10 21 20 19 7 7 4 7 3 6 2 24 7 3 20 1 3 17 14,15,16 3 8,9 4 12 9 8 3 17 17 10 3 2 9 H 5 2,17 5 107 INDEX. Art. Investigation of, witnesses compelled to testify, ^'III Judges, Till Laws must be uniform , VIII Members of legislature, II Method of conducting, VIII Municipal , when held , VIII Officers VIII Disqualification of, VIII Privileges of, VIII Overseers, Appointment of, by court VIII Privilege from arrest, of electors, VIII Public officers. State and local, VIII XII XIV Punishment for violation of laws governing, VIII Qualification of electors, VIII Registration laws to be uniform , VIII Residence, when neither gained nor lost, VIII Right of suffrage, I Secrecy in voting required , VIII Shall be free and equal , I Soldiers in service may vote, VIII Special law affecting officers, etc. , forbidden, Ill Special laws relating to, prohibited, Ill Township officers VIII Under constitutional amendment, Sch.2 Vacancies on boards, VIII Violation of laws governing, VIII Ward officers, VIII When held, VIII ELECTORS. See ELECTIONS. EMBEZZLEMENT, Conviction of, to disqualify for office, .... II EMIGRATION from the State allowed I EMINENT DOMAIN by corporations, regulated XVI General provisions , I State's right to, not to be abridged, XVI EMPLOYERS' LIABILITY, Legislature may enact laws fixing. III EMPLOYES. See also LEGISLATURE Public, Extra compensation prohibited Ill ENFORCEMENT of judgments. See JUDGMENTS. ENJOYMENT of life and liberty, right of, I ESTABLISHMENTS, Religious, No preference given to, I ESTATES of minors or persons under disability, special laws af- fecting, Ill EVIDENCE against self, accused not to give, I Special law changing rules of, forbidden , Ill EXECUTIVE, General provisions relating to, . . ., IV Department, Composition of, IV Nominations by, action in Senate , IV EXECUTORS, Investments by, HI Sec 10 3 7 2,3 4 3 14,15,16 15 14 16 5 3 1 2 !) 1 7 13 5 4 5 6 7 7 3 14 9 3 2 7 25 R 10 3 21 11 1 3 7 9 7 1 S 22 108 INDEX, Art. Sec. EXEMPTION from taxation, IX 1,2 Jury duty, Election officers may claim, VIII 14 Military duty, XI 1 Of property from taxatidu forbidden by special law, Ill 7 EX POST FACTO law, I 17 EXPROPRIATION of private property I 10 EXPULSION < f member of legislature, II 11 EXTENSION of laws. Regulation of, Ill 6 FEES, County officers, XIV 3,6 Court, To be paid into county treasury, V 13 Of aldermen, justices of peace, magistrates or constables, special law regulating forbidden , Ill 7 FELONY, Attainder of, I 18 Member of legislature guilty of, not privileged from arrest, II 15 FERRIES , Special law relating to , forbidden : Ill 7 FINANCE. See also TAXATION. General provisions relative to IX FINES, Governor may remit, IV 9 Not to be excessive, I 13 Remitting of by special law, forbidden, Ill 7 To be paid into county treasury , V 13 FIRE ARMS. See ARMS. FOREIGN corporations. Regulation of, XVI 5 FORFEITURES for suicide, prohibited '. I 19 Governor may remit, lA' 9 Of estate from attainder, I 19 Remitting of, by special law forbidden, Ill 7 FREEDOM, Men are born in, I 1 Of elections I 5 Of press, " I 7 FREIGHT, Discrimination in transportation of, prohibited, .. XVII 3,7 FUEL used by State to be bought by contract, Ill 12 GENERAL ASSEMBLY. See LEGISLATURE; ELECTIONS. GOVERNMENT, Any branch of, may be examined, I 7 Free, founded on authority of people, I 2 People have right to alter, reform or abolish I 2 GOVERNOR, General provisions relating to, IV Appointing power of, IV 8 Appointments to fill judicial vacancies V 25 IV • 8 Approval or disapproval of concurrent orders, resolutions or votes, • Ill 26 Commander of army and navy of State IV 7 Concurrent orders, resolutions and votes to be presented to, .. Ill 26 Contested election of, , IV 2,17 Contracts to be approved by, Ill 12 Death or disability of, IV 13,14 Election of, '• IV 2 ^Eligibility of, ■ •••,••••;. ^^ ^'^'^ 109 INDEX. Art. Impeachment of, VI May adjourn legislature in certain cases IV May approve or veto bills, IV May convene legislature or Senate in special session, IV May remit fines and forfeitures IV May require information from officers of Executive Depart- ment, IV May veto appropriation bills in part, IV Messages of, IV Must approve certain contracts , Ill Nominations by , action in Senate , IV Pardoning power of, IV Qualifications of, IV Record of official acts of, to be kept by Secretary of the Com- monwealth, IV Supreme executive power vested in, IV Term of, ■ IV To approve certain State contracts, Ill To sign all commissions IV Vacancy in office of, IV Veto power, , , III IV When liable to impeachment, VI GRATUITIES tor military service, appropriations for, Ill GRAVEYARDS, Special laws relating to, forbidden, Ill GRIEVANCES , Right to petition for redress of, I GROUNDS. See Public Grounds. GUARDIANS, Investments by Ill HABEAS CORPUS, Jurisdiction of Supreme Court V When suspended , I HAPPINESS, Right of pursuing, I HEREDITARY DISTINCTION, Prohibited, I HIGHWAYS, public, Railroads and canals declared to be, XVII Special or local laws concerning , forbidden , Ill HOMICIDE, Appeal to Supreme Court, '. . . . V HOUSE OF REPRESENTATIVES. See LEGISLATURE. IMMUNITIES, Special law granting irrevocable, forbidden, .. I IMPEACHMENT, General provisions relating to, VI Governor may not pardon for IV House to have sole power of VI Result of judgment of, VI Tried only by Senate , VI Who liable to, VI IMPRISONMENT for debt, I INCOMPATIBLE OFFICERS, XII What are, IV INCORPORATION. See also CORPORATIONS. Of municipalities by special law forbidden, Ill INDEBTEDNESS. See DEBT. Sec. 3 12 15 12 9 10 16 11 12 S 9 5,8 IS 2 3,17 12 22 13, U 26 15,16 3 18 7 20 22 14 1,2 24 ~ 1 7 24 17 1 3 2 3 16 2 6 110 INDEX. Art. Sec. INDEFEASIBLE RIGHTS, Men have, I 1,3 INDEPENDENT, Men are born I '1 INDICTMENT, Prosecutions by I 9,10 "Wording or conclusion of, V 23 INDIVIDUAL, Special privilege to any, forbidden, Ill 7 INDUSTRIAL STATISTICS, Bureau of, IV 19 INFAMOUS CRIME, Conviction of, to disqualify for office, II 7 INFORMATION in criminal causes, limited, I 10 Prosecutions by , I 9 INHERENT RIGHTS, of mankind, I 1 INJUNCfTION, Jurisdiction of Supreme Court, V 3 INJURY to land.5, goods, person or reputation, legal remedy for every, I H INJURIES, No limit to amount of damages for, Ill 21 Of employes, legislature may enact laws providing compensa- tion for, Ill 21 Survival of action for, Ill 21 INSOLVENT DEBTORS , Imprisonment of, I 16 INSPECTION of merchandise, etc.. State office for, forbidden, . Ill 27 INSTRUCTION, Public, Superintendent, part of Executive De- partment, IV 1 INTEREST, Special law fixing rate of, forbidden, Ill 7 INTERNAL AFFAIRS, Filling vacancy in office of Secretary, ..IV 8 Secretary of, duties IV 19 XVII n Election and term of, IV 21 Member of Pardon Board IV 9 Part of Executive Department IV 1 Supervision over common carriers , XVII 11 Term of IV 21 INVASION of Ihe State, I 14 IX 4,9 INVESTIGATIONS , Public , may be published , I 7 INVESTMENT of trust funds , Restrictions on , Ill 22 JAIL DELIVERY, Commission of, prohibited , I 15 JEOPARDY, Twice in, I 10 JOINT STOCK COMPANIES. See CORPORATIONS. JOURNAL. See LEGISLATURE. JUDGES. See COURTS. JUDGMENT of peers, I 9 JUDGMENTS. See also COURTS Dockets for, in Philadelphia, V 7 Special law forbidden affecting methods of enforcing, Ill 7 JUDICIAL DISTRICTS. See COtTRTS. JUDICIAL SALE of real estate. Special law forbidden, prescrib- ing effect of, Ill 7 JUDICIARY. See COURTS. JURISDICTION. See COURTS. JURY , Election officers exempted from service on , VIII 14 "When parties may dispense with trial by, V 27 111 INDEX. Art. See. JURY TRIAL, Guaranteed in certain criminal causes, I 9 Right to, I 6,9 JUSTICE to be administered without sale, denial or delay, I 11 JUSTICES OF THE PEACE, Certiorari to, V 10 Election of, V 11 Judges of common pleas to be , V 10 Special laws affecting, forbidden Ill 7 Special law forbidden affecting practice or jurisdiction Ill 7 LABOR, Special law regulating, forbidden, Ill 7 LAND TITLES. Laws may be passed for registering, transfer- ring, insuring and guaranteeing, Page 67 LANES. See HIGHWAYS. LAW, Ex post facto, forbidden I 17 Of the land , in criminal causes , I 9 LAWS. See also LEGISLATURE. Amendment of, by title, prohibited, Ill 6 Forbidden where courts already have power to give relief, . . Ill 7 Granting irrevocable privileges or immunities forbidden, I 17 May be passed providing a system of registering, transferring, insuring and guaranteeing land titles, Page 67 Repeal of, permitted , Ill 7 Revival of, by title, prohibited, Ill 6 Suspension of, limited I 12 LAWYER, Accused may have, I 9 LAYING out of highways by special law forbidden, Ill 7 LEGISLATION. See also LEGISLATURE. General provisions relating to, Ill LEGISLATIVE POWER, how vested, II 1 LEGISLATURE. See also Index to Prohibited Legislation, ..Page 81 Action of Senate on executive nominations, IV 8 Adjournment, II 10.14 IV 12 Amendment of bills, Ill 1,4 Amendment of laws, Ill 6 Apportionment of members, II 16,17,18 Appropriation bills may be vetoed in part, IV 16 Biennial meetings , II 4 Bills passed to be presented to Governor, IV 15 Retained by Governor IV 15 Returned without Executive approval, IV 15 Revenue to originate in House , Ill 14 To be read at length on three different days, Ill 4 To be referred to committee, returned therefrom and printed, Ill 2 To have but one subject clearly expressed in title, Ill 3 Bribery of members, Ill 29,30,31,32 Committee , Session to be open , II 13 Compensation of members, II 8 Of officers and employes, Ill 10 Compulsory attendance of absent members, II 10 112 INDEX. Art. Concurrent orders, resolutions or votes to be presented to executive, Ill Concurring in amendments, Ill Conferring provisions of law , Ill Conviction of certain crimes to disqualify for, II Corporate charters may be altered or revoked by, XVI Each branch to keep journal , II Election of members, II Employes, Numbers, duties and compensation of, to be fixed. III Executive nominations , IV Ex post facto law, I Expulsion of members , II Extension of provisions of laws, Ill Final passage of bills, Ill General provisions relating to II Governor may adjourn in certain cases , IV May convene on extraordinary occasions, IV May convene Senate in special session, IV To give information to IV House of Representatives, part of, II Adjournment without consent of Senate, II Districts , II Speaker of, 11 III To have sole power of impeachment, VI Increase of salary or mileage during term, forbidden, II Journals to be kept and published, II When yea and nay vote must be recorded on, Ill IV Laws to be passed by bill, Ill Liens hot be be specially created, extended or impaired, Ill Lieutenant Governor to be president of Senate, IV Local laws forbidden in certain cases Ill May establish new courts, V May fix day for holding municipal election, VIII May pass laws providing a system for registering, transferring, insuring and guaranteeing land titles, Page 67 Meetings of, II Member, ineligible to certain office, II Must disclose interest in bill Ill Of Congress ineligible to, II Oath of office, VII Officers II III Numbers, duties and compensation to be fixed Ill Passage of bills, Ill Power to punish for contempt II Powers of each branch, II President of Senate, II IV 8 113 Sec. 26 5 6 7 10 12 2 10 8 17 11 6 4 12 12 12 11 1 14 17,18 9 9 I . 8 12 4,5,26 lu 1 7 4 7 1 3 a3 6 10 10 1.2,3,4,5, 6,7,8,9 11 11 9 4,14 INDEX. Art. Sec. Privileges of members , II 15 * Proceeding, Journal of, to be kept and publisbed, II 12 Of, may be criticised, I 7 Prohibited legislation. See SPECIAL INDEX, Page 81. Public officers ineligible to, II 6 Punishment for contempt not to bar indictment, II 11 Qualifications of members, II 5,6,7,8,11 Quorum , *. II 10 Reports of conference committees Ill 5 Representative districts, II 17,18 Residence of members , II 3 Revival of laws, Ill 6 Rules of procedure II 11 Senate a part of II 1 Action on executive nominations, IV 8 Adjournment vpithout consent of House, II 14 Districts, II 16,18 Presiding officers , II 9 IV 4,14 Qualifications of members, II 5,6,7,8,11 Special session of , IV 12 Term of members , II 3 To try all impeachments, VI 2 Vacancy in II 2 Senatorial district, II 16,18 Sessions of, II i Special, Ill 23 To be open, II 13 Signing of bills by presiding officers, Ill 9 Speaker of the House, II 9 III 9 Special laws prohibited on certain subjects, Ill 7 Special Session , II 4 III 25 of Senate, IV 12 Speech or dehate in, member not to be questioned for, II 15 Term of members , II 2,3 Vacancy in , II 2 Vote on final passage of bills , Ill 4 To be entered on journal on request II 12 To be viva voce VIII 12 LBGITI-MATION of children by special law, forbidden Ill 7 IjIABILITX or obligation of corporations, owned by State, III 24 LIBEL I 7 LIBERTY, Civil and religious, Preamble I 1,9 Depriving accused of I g Right of enjoying and defending I j LIENS, Special or local laws concerning Ill 7 LIFE, Depriving accused of, I 9 Not to bo twice in joopardy for same offense I jo Right of enjoying and defending I 1 INDEX. Art. LIMITATION of action, HI Of damages for injuries, forbidden, Ill LIE3UTBNANT GOVERNDR, IV Contested election of, IV Disability of, II IV Election and term of, IV Eligibility of, IV Member of Pardon Board, IV President of Senate, IV Qualifications of, IV Vacancy in office of, II IV LOCAL bills, notice of, required, Ill Laws. See also Index to Prohibited Legislation. Page 81. Certain , forbidden , Ill MAGISTRATES. See also COURTS; JUSTICES OF THE PEACE. Court, Appeal from summary conviction, V Courts in Philadelphia, V Special law affecting, forbidden, Ill MAINTAINING highway by special law forbidden Ill MANDAMUS, jurisdiction of Supreme Court, V MANUFACTURING, Common carriers not to engage in, XVIT Company, Transportation privileges of, XVII MASTERS in chancery, Special law forbidden affecting practice or jurisdiction, Ill MEASURING of merchandise, etc., State ofiice for the, for- bidden, Ill MEETINGS of legislature, II MEMBER of Congress, ineligible to legislature, IP MEMBERS of Legislature. See LEGISLATURE. MESSAGE of Governor, IV MILEAGE , Meinbers of legislature, II MILITIA. See also ARMY; MILITARY POWER; SOLDIERS ; STANDING ARMY. Governor to be commander of, IV General provisions relating to , XI MILITARY POWER. See also ARMY, ELECTIONS' MIL- ITIA; SOLDIERS; STANDING ARMY. Not to interfere with elections, I Subordinate to civil power, I MINING, Coinmon carriers not to engage in, XVII Company, Transportation privileges of, XVII Regulation of, by special law forbidden Ill MINISTRY, No man compelled to maintain I MINORS, Special laws affecting estate of, .., Ill MODES of worship. No preference given to, I MONEY, Sow payments may be made from State Treasury, . . Ill Sec. 21 21 1 2,17 9 14 4,17 3,4,5,6 9 i 4,5,6 9 14 8 14 12 7 7 3 5 S 27 4 6 11 22 5 5 7 3 7 3 16 115 INDEX. Art. Sec. MONEYS, State, Conversion of, to private use, IX 14 Refund of by special law, forbidden, Ill 7 Reserve to be secured , IX 13 MUNICIPAL ELECTIONS, when held, VIII 3 MUNICIPALITIES. See also BOROUGHS; CITIES; COUNTY; TOWNSHIP; STREET RAILWAYS. City sinking fund, IX 10 XV 3 Corrupt solicitation of officers of, Ill 31,32 Debt of, limited IX 8,15 Not to be assumed by State, IX 9 Provision to be made for liquidation , IX 10 Eminent domain regulated , XVI 8 Functions of, not to be exercised by special commission, etc., Ill 20 Incurring of debt by, municipal commission , XV 2 May appoint officers to inspect or measure merchandise , etc . , III 27 Not to be authorized to become stockholders in corporation, IX 7 Sinking fund, provision for, IX 10 Waterworks, subways and railways; indebtedness for, IX 1.5 NAVY, Governor to be commander in chief, IV 7 NAMES , Special laws changing, forbidden , Ill 7 NISI PRIUS COURTS, abolished, V 21 NOBILITY, Titles of prohibited, I 24 NOMINATIONS by Governor, Action of Senate on, IV 8 NORMAL SCHOOLS, Appropriations to Ill 17 OATH of office, VII OBLIGATION of contracts, Laws impairing, forbidden, I 17 Of corporations, owned by State Ill 24 OCCUPATIONAL DISEASES, Legislature may enact laws pro- viding compensation for , Ill 21 OFFICE. See also OFFICERS; OFFICES. Appointments to, beyond term of good behavior, forbidden, .. I 24 Certain crimes to disqualify f or , II 7 Oath of, VII Religious sentiments not to disqualify for holding, I 4 Removal from , V 15 VI 3,4 VII XII 3 OFFICERS. See also ELECTIONS; LEGISLATURE; OF- FICE; OFFICES. County, Accountability of, XIV 6 Compensation of XIV 5,6 Election of XIV 2 General provisions relating to , XIV Office to be kept in county town , XIV 4 Residence required , XIV 3 Vaneancies , XIV 2 Public, ineligible to Legislature, II 6 116 Arf. Sec. Elected by people, how removed, VI 4 Federal, not to hold State office, XII 2 Not eligible to legislature, II 6 Public, corrupt solicitation of Ill 31,32 Duelling by XII 3 Extension of term prohibited, Ill 13 Extra compensation forbidden Ill 11,13 Incompatable ofiices, XII 2 Local election of, XII 1 Salary not to be changed after election or appointment. III 13 Term not to be extended after election or appointment, , . Ill 13 Removal from office, V 15 VI 3,4 VII XII 3 Special laws affecting, prohibited, Ill 7 State, election of, XII 1 When liable to removal from office VI 4 OFFICES. See also ELECTIONS ; OFFICE ; OFFICERS . Incompatible, XII 2 OPENING of highways by special law forbidden , Ill 7 ORPHANS' COURT. See COURTS. ORPHANS of soldiers. Appropriations to institutions for, . ._. . Ill 19 OVERSEERS of election, VIII 16 OYER AND TERMINER. See also COURTS. Commission of, prohibited I 15 PAPER. See Printing and Binding. PARDON BOARD IV 9 PARDONS, M.inner of granting IV 9 PASSENGER r.^ilways. See STREET RAILWAYS, PASSES, may not be granted by common carriers, XVII 8 PEERS, Judgment of, I 9 PENALTIES. See also FINES; FORFEITURES. v Remitting of, by special law forbidden, Ill 7 To be paid into county treasury, V 13 PENSIONS, Appropriations for, Ill 18 PEOPLE, Free government founded on authority of, I 2 Have right to alter, reform, and abolish government, I 2 Power inherent in, I 2 PERJURY, Conviction of, to disqualify for office, II 7 Punishment for, in certain eases, VII PERSONS under disability. Special laws affecting estates of, . . Ill 7 PETITION, Right of, I 20 PHILADELPHIA, Aldermen abolished, V 12 Commissioners to be county commissioners, Sch.I 33 Common pleas courts in, V 6,7,8 Criminal courts in, V 8 Debt of, for certain purposes, authorized , IX 8 Increase in number of judges in, V 6 Magistrates courts, V 12,13 Police courts in, V 12 117 Art. See. Prothonotary, , V 7 Suits , how instituted, V 6 PLACE of trust or profit, Religious sentiments not to disqualify for holding I 4 Of worship, No man compelled to support or attend, I 3 PLAN. See PLATS. PLATS, town. Special law relating to, foi bidden, Ill 7 POLICE courts in Philadelphia, V 12 POLICE POWERS of State not to be abridged in relation to cor- porations, XVI 3 POWERS. See PRIVILEGES. PRESIDENT pro tem . of Senate, II 9 PRESS, Printing, to be free I 7 PRINT, Citizens may, on any subject, I 7 PRINTING and binding to be done by contract, Ill 12 Press to be free, ; I 7 PRISONERS to be bailable, I 14 PRIVATE corporations. See CORPORATIONS. Property taken for public use. See EMINENT DOMAIN. PRIVILEGE of electors from arrest, VIII 5 PRIVILEGES and powers. Granting of, by special law in certain cases forbidden , Ill 7 Of members of legislature , II 15 Special, Laws granting irrevocable, forbidden, I 17 PROCESS, how styled, V 23 PROHIBITED LEGISLATION. See SPECIAL INDEX. Page 81 PROPERTY. See also EMINENT DOMAIN ; REAL ESTATE. Depriving accused of, I 9 Exemption of, from taxation by special laws, forbidden, .. Ill 7 Right of acquiring, etc., I 1 PROSECUTIONS, how carried on, V 23 Ending phrase in all, V 23 Public trial guaranteed in I 9 PROTHONOTARY. See also COUNTY. Philadelphia county, V 7 PUBLIC agents. Extra compensation to, prohibited, Ill H Contractors, Extra compensation to, prohibited, Ill 11 Grounds (other than State) Special laws relating to, forbidden. III 7 Instruction, Superintendent of, appointment of IV 8 Duties, IV 20 Part of Executive Department, IV 1 Investigations may be published, I 7 PUBLIC OFFICERS. See also OFFICERS; OFFICES General provisions relative to, XII Servants, employes, agents and contractors. Extra compensa- tion to, forbidden , Ill h PUBLIC SCHOOLS. See also SCHOOLS. Money therefor not to be used for sectarian purposes, X 2 Provision to be made for, X 1 Special laws aflfecting, forbidden, Ill 7 PUBLIC SERVANTS, Extra compensation to, prohibited, .... Ill 11 PUNISHMENTS not to be cruel, I 13 118 INDEX. Art. Sec. QUARTER SESSIONS COURTS. See COURTS. QUORUM in legislature, II 10 QUO WARRANTO, Jurisdiction of Supreme Court, V 3 RAILROADS, See also CORPORATIONS; CANALS. Acceptance of constitutional provisions , XVII 10 Books open for inspection, XVII 2 Connection with other lines , XVII 1 Consolidation with competing line, forbidden, XVII i Declared to be common carriers, XVII 1 To be public highways , XVII 1 Discrimination not to be made in charges and facilities, XVII 3,7 General provisions relative to , XVII Note to engage in other business , XVII 5 Obligations of, owned by State, Ill 24 Office to be maintained in State , XVII 2 Officers, Not to be officers of competing lines, XVII 4 Not to engage in certain business, XVII 6 Passes forbidden, XVII 8 Regulation of transportation of property and persons, XVII 3 Right of construction and operation, XVII 1 Special law permitting laying of track , forbidden , Ill 7 Street railways in cities, boroughs, townships, XVII 9 Municipal indebtedness for, IX 15 Transportation privileges of mining or manufacturing com- panies, XVII 5 Under supervision of Secretary of Internal Affairs, XVII 11 RATE of interest, Special law fixing, forbidden, Ill 7 REAL ESTATE. See also EMINENT DOMAIN; PROPERTY. Limitation on holding of, by corporations , XVI fl Special law forbidden, prescribing effect of judicial sale of, .. Ill 7 REBELLION, Habeas corpus may be suspended in case of, I 14 RECORDER OF DEEDS . See COUNT"!' . REFUNDING OF MONEY, Special law forbidden, Ill 7 REGISTER OF WILLS. See also COUNTY. To be clerk of orphan's courts, V 22 REGISTERS' COURTS abolished, V 22 REGISTRATION, in cities. Laws must be uniform VIII 7 RELIGIOUS establishments. Preference not to be given to any, I 3 Liberty ■ Preamble Sentiments not to disqualify for holding office, I 4 REMEDY for all injuries, I 11 REMONSTRANCE, Right of, I 20 REMOVAL from office. General provisions relative to, V VI VII 3 XII 3 REPEAL of law. Enactment by partial, forbidden, Ill 7 REPRESENTATIVES. See LEGISLATURE. REPRIEVE Governor may grant, IV 9 REPUTATION, Right of protecting, I i RESERVE FUNDS , State, to be secured, IX 13 RESIDENCE, Voting when neither gained nor lost, VIII 13 110 Art. Sec. RESOLUTIONS, Concurrent, to be presented to Governor, .... Ill 26 REVENUE bill to originate in House, Ill 14 REVIVAL OF LAWS, Ill 6 RIGHT of assemblage and petition , I 20 Of -free speech, I 7 Of self defence, 1 21 Of suffrage. See ELECTIONS. To alter, reform or abolish government, I 2 To bear arms, I 21 To criticise legislature or government not to be restr.ained, .. I 7 To free communication of thoughts and opinions, I 7 To jury trial, I 6 To worship God, I S RIGHTS, Declaration of, I Of conscience not to be controlled or interfered with, I 3 Of defendant in criminal causes , I 9 Reserved and inviolate , I 26 ROADS, Speciil laws forbidden, Ill 7 SAFETY of people, Government instituted for, I 2 SALARY, See also OFFICERS. Of members of legislature, II 8 SALE of real estate. Special law forbidden, prescribing effect of judicial, Ill 7 SCHEDULE, Amendments of 1909, Page 73 To constitution , Page 67 SCHOOLS. See also EDUCATION, SUPERINTENDENT OF PUBLIC INSTRUCTION ; PUBLIC SCHOOLS. Debt of districts , limited , IX 8 Districts , Changing lines by special law forbidden , Ill 7 Creating offices in, by special law forbidden, Ill 7 Division of money to sectarian institution, prohibited, X 2 Normal, appropriations for, Ill 17 Public, Special laws affecting, forbidden, Ill 7 Special law affecting houses, forbidden, ■ Ill 7 Relating to districts forbidden , Ill 7 Women eligible to offices in management of, X 3 SEAL OF PENNSYLVANIA IV 22 SEARCH WARRANTS limited, I" 8 SEARCHES, People to be secure from, I 8 SECRETARY OF COMMONWEALTH, Appointed by Governor, IV S Duties, IV 18 Member of Pardon Board, IV 9 Part of Executive Department, IV ■ 1 To keep record of official acts of Governor, IV 18 SECRETARY OF INTERNAL AFFAIRS, See INTERNAL AFFAIRS . SECTARIAN INSTITUTIONS, Appropriation to prohibited. .. Ill IS Diversion of school money to, prohibited, X 2 SEIZURES, People to be secure from, I 8 SELF-DEFENCE, Right of, I 21 SENATE. See LEGISLATURE. 120 INDEX. Art. Sec. SENATOR, United States, vacancy, II 4 SENTENCE, Commutation of IV 9 SENTIMENTS. See RELIGIOUS SENTIMENTS. SERVANT, public, Extra compensation to, forbidden, Ill H SESSION. See LEGISLATURE. SHERIFF. See also COUNTY. Special law, forbidden, affectiug practice ov .iurisdictioii, III 7 SIGNING of bills by presiding officers, Ill 9 SINKING FUND, City, XV 3 Municipal , Provision for , IX 10 State, regulation of, IX 11,12 SLANDER, I 7 SOLDIERS. See also ARMY; ELECTIONS; MILITARY POWER ;. MILITIA : STANDING ARMY. Quartering C'f , I 23 Voting by, 'VIII 6 SOLDIERS' widows and orphans, appropriations to institutions for, Ill in SOLICITATION, Corrupt, Ill 29,30,31,32 Punishment lor, Ill 31,32 Witnesses may be compelled to testify Ill 32 SPEAKER OF HOUSE II 9 SPECIAL bills. Notice of required Ill 8 Laws. See also index to prohibited Legislation, Page 81 Certain, forbidden, Ill 7 Repeal cf , permitted Ill 7 Privileges or immunities, irrevocable, forbidden, I 17 SPECIAL SESSION of Legislature, II 4 III 25 Of Senate, IV 12 SPEECH, Right of, free, ■. I 7 Or Debate, members of legislature not to be questioned, for, II 15 STANDING ARMY in time of peace. Regulation of, I 22 STATE capital, Restrictions in change of location of, Ill • 28 May guarantee titles to land, Page 67 Treasurer. See TREASURER. STATIONERY. See PRINTING AND BINDING. STOCK Increase of, by corporations, regulated XVI 7 Issue of, by corporations, regulated, XVI 7 STREET RAILWAYS. See also CORPORATIONS; RAIL- ROADS. Consent necessary to lay tracks in municipalities, XVII 9 Municipal indebtedness for IX 15 STREETS, Special laws relating to, forbidden Ill 7 SUBWAYS, Municipal indebtedness for IX 15 SUCCESSION, Special law changing, forbidden, Ill 7 SUFFRAGE. See ELECTIONS. SUICIDE, Estate of those committing, I 19 SUITS a'gainst the Commonwealth I H Institution of, in Philadelphia V 6. 121 INDEX. Art. Sec. SUMMARY CONVICTION, Appeal from, V U SUPERINTENDENT OF PUBLIC INSTRUCTION, Appoint- ment and term of, IV 8 Duties IV 20 Filling vacancy in office of, IV 8 May not be removed by appointing power, VI i Part of executive department, . . , IV 1 SUPREME COURT. See COURTS. SURETY OP THE PEACE, members of Legislature guilty of, not privileged from arrest, II 15 SURVEYOR. See COUNTY. SURVEYOR GENERAL, Duties of, to be performed by Secre- tary of Internal Affairs, IV 19 SURVIVAL OF ACTION where death results, Ill 21 SUSPENSION OF LAWS, I 12 TAX, Payment of, by elector VIII 1 TAXATION, Corporations, IX 3 Exemption f rom , IX 1 , 2 Exemption of property from, forbidden by special law, Ill 7 General provisions relative to , IX Uniformity of, required, IX 1 TAXES, Not to be levied by special commission, private corpora- tion or association , Ill 20 TELEGRAPH COMPANIES, Rights .and limitations, XVI 12 TERM See PUBLIC OFFICER; OFFICERS. TITLE of laws. See LAWS. Of nobility , prohibited , I 24 To land. Laws may be passed for registering, transferring, insuring and guaranteeing , Page 67 Torrens Land 'system ; Legislature may establish, Page 67 TRACK. See RAILROAD. TRADE, Regulating of, by special law forbidden Ill 7 TRANSPORTATION. See CANALS; RAILROADS. TREASON, Attainder of, I 18 Members of I^egislature guilty of, not privileged from arrest, II 15 TREASURER (County). See COUNTY. State, Filling vacancy in office of, IV .8 Monthly statement of reserve funds , IX 1.3 Must approve certain contracts, Ill 12 Part of Executive Department, IV 2I Term of ly 2I TRIAL. See also COURTS. By jury, I g When parties may dispense with , V 27 TRIBUNALS. See also COURTS. Special law forbidden affecting practice or jurisdiction, Ill 7 TROOPS. See also ARMY; MILITARY POWER; SOL- DIERS; STANDING ARMY. Quartering of, I 23, 122 INDEX. Art. Sec. TRUST funds. Regulation of investment of by executors, etc., .. Ill 22 Of profit, place of. See PLACE ; OFFICE. TRUSTEES, Investments by, HI 22 TOWN PLATS. Special laws relating to, forbidden Ill 7 TOWNS, Changing charter of, by special law, forbidden, Ill 7 Incorporation of, by special law forbidden, Ill 7 TOWNSHIPS. See also CITIES; BOROUGHS; COUNTY; MUNICIPALTIES. Changing lines by special law, forbidden Ill 7 Creating offices in, by special law forbidden, Ill 7 Debt of, limited, IX 8 Elections for officers , VIII 3 Erection of, by special law, forbidden, Ill 7 Not to be authorized to become stockholders in corpora tion.s, . . IX 7 Special law affecting officers, forbidden Ill 7 Special laws forbidden, Ill 7 Street railway must secure consent of, to lay tracks, XVII 9 TWICE in jeopardy, I 10 UNDERGROUND RAILWAYS, Municipal indebtedness for, ..IX 15 UNITED STATES, Officers of, not to hold office in State, XII 2 Officers of, not to be members of Legislature II 6 Senator, vacancy, II 4 VACANCIES, County officers XIV 2 Courts of record, IV 8 V 25 Governor may fill, IV 8 V 25 Governor, IV 13 Legislature, II 2 Lieutenant Governor , IV 14 Secretary of Internal Affairs, IV 8 United States Senator, II 4 VACATING highways and town plats by special law forbidden ... Ill 7 VENUE, Change by special law forbidden, Ill 7 Change of, Ill 7,23 VETO of concurrent orders, resolutions or votes. Procedure on,.. Ill 26 Of Governor, how exercised , Ill 26 IV 15,16 Partial, of appropriation bills, IV 16 VICINAGE, Jury of, I 9 VILLAGES, Changing Charter of, by special law forbidden, III 7 Incorporation of, by special law forbidden, Ill 7 VIVA VOCE, Persons in representative capacity to vote, VIII 12 VOTE. See CORPORATIONS; ELECTIONS; LEGISLA- TURE. VOTERS, Qualifications of, VIII 1 VOTING. See also ELECTIONS. Special laws relating to, forbidden, Ill 7 123 INDEX. Art. Sec. WARDS, Electi.ms for officers VIII 3 Special laws forbidden, Ill 7 WARRANTS, Search, limited, I 8 WEIGHTS AND MEASURES , State inspection Ill 27 WIDOWS of soldiers. Appropriation to institutions, for, Ill 19 WITNESSES, Compulsory process for, in criminal cases, I 9 Compulsory testimony in bribery and corrupt solicitation, III 32 WOMEN, Eligible to offices in school management, X 3 WORKMEN'S COMPENSATION, Legislature may enect laws providing for , Ill 21 WORSHIP of God, free, I 3 Modes of, no preference to be given to I 3 No man compelled to attend or support place of, 1 3 WRITS. See COURTS; HABEAS CORPUS. YEAS AND NAYS. See LEGISLATURE 124 ■'I" CONSTITUTION OF THE Commonwealth of Pennsylvania, 1S38. (125) (126) In 1835, by an act of April 14, Pamphlet Laws 270, the Legislature submitted to the electors the question whether a convention should be called to propose amendments to the Constitution. The vote being in favor of it, a convention was called May 2, 1837. The convention after several adjournments completed its labors February 22, 1838. The changes made in the Constitution were slight. The amendments barely succeeded in receiving a majority, the result being 113,971 votes for the amendments and 112,759 votes against the amendments. Although the action of the electors amounted to nothing more than an amendment of the Constitution of 1790, the Constitution as thus amended is popularly known as the Constitution of 1838, and is so designated in this edition. In transcribing the Constitution of 1838 as amended, the scrivener evidently through inadvertance failed to designate the Declaration of Eights as Article IX, and transcribed it as part of Article VIII. This leaves the original manuscript without any Article IX. In this text the Declaration of Eights has been numbered Article IX as it originally appeared in the Constitution of 1790. The Constitu- tion of 1838 was amended in 1850, 1857, 1864 and 1872, which amend- ments have been incorporated in their appropriate places ^n the Con- stitution. (^v^\ ^k (128) 1838, Article I. CONSTITUTION OF PENNSYLVANIA, 1838. We, the people of the commonwealth of Pennsylvania, ordain and establish this constitution for its government. AKTICLE I. OP THE LEGISLATURE. Sec. 1. The legislative power of this commonwealth shall be vested in a general assembly, which shall consist of a senate and house of representatives. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 2. Constitution of 1790, Art. I, Sec. 1. (Verbatim.) Constitution of 1873, Art. II, Sec. 1. (Verbatim.) Sec. 2. The representatives shall be chosen annually, by the citi- zens on the second Tuesday of October. (Amendment of 1857.) Corresponding provisions of prior and subsequent Constitutions; Constitution of 1776, Sec. 9. Constitution of 1790, Art. I, Sec. 2. (Verbatim before amendment of 1857.) Constitution of 1873, Art. II, Sees. 1, 3. Section two of article one of this Constitution originally read as follows: , ; > Sec. 2. The representatives shall be chosen annually, by the citizens of the city of Philadelphia, and of each county respectively, on the second Tuesday of October. Note: The words in italics v^ere stricken out by the amendment of 18.57. Sec. 3. No person shall be a representative who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State three years next preceding his election, and the last year thereof an inhabitant of the district in and for which he shall be chosen a representative, unless he shall have been absent on the public business of the United States or of this State. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sees. 7, 8. Constitution of 1790, Art. I, Sec. 3. Constitution of 1873, Art. II, Sec. 5. -i9.U 1838, Article I. Sec. 4. In the year one thousand eight hundred and sixty-four, and in every seventh year thereafter, representatives to the number of one hundred shall be apportioned and distributed equally through- out the State by districts, in proportion to the number of taxable inhabitants in the several parts thereof ; except that any county con- taining at least three thousand five hundred taxables may be allowed a separate representation; but no more than three counties shall be joined, and no county shall be divided in the formation of a district. Any city containing a sufficient number of taxables to entitle it to at least two representatives, shall have a separate representation assigned it, and shall be divided into convenient districts of con- tiguous territory, of equal taxable population as near as may be, each of which districts shall elect one representative. (Amendment of 1857.) Coriosponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 17. Constitution of 1790, Art. I, Sec. 4. Constitution of 1873, Art. II, Sees. 17, 18. Section four of article one of this Constitution originally read as follows : Sec. i. Within three years after the first meeting of the general as- sembly, and within every subsequent term of seven years, an enumera- tion of the taxable inhabitants shall be made in such manner as shall be directed by law. The number of representatives shall, at the seveial periods of mailing such enumeration, be fixed by the legislature, and apportionod among the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each ; and shall never be less than sixty nor greater than one hundred. Each county shall have at least one representative.; but no county hereafter erected shall be entitled to a separate re' ;nentation untU a sufficient number of taxable inhabitants shall be contained within it to entitle them to one representative, agreeably to the ratio of which shall then be estab- lished . Sec. 5. The senators shall be chosen for three years by the citizens at the same time, in the same manner, and at the same places where they shall vote for representatives. (Amendment of 1857.) Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. 1, Sec. 5. Constitution of 1873, Art. II, Sees. 2, 3. Section one of article five of this Constitution originally read as follows: Sec. 5. The senators shall be chos-en for three years by the citizens of Flbiladclplna and of the several counties, at the same time, in the same manner, and at the same places where they shall vote for repre- sentatives . Note: The words in italics were stricken out by the amendment of 1S67. 130 1838, Article I. Sec. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the districts formed as hereinafter directed, according to the number of taxable inhabitants in each; and shall never be less than one-fourth, nor greater than one-third, of the number of representatives. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. I, Sec. 6. (Verbatim.) Constitution of 1873, Art. II, Sees. 16, 18. Sec. 7. The senators shall be chosen in districts, to be formed by the legislature; but no district shall be so formed as to entitle it to elect more than two senators, unless the number of taxable in- inhabitants in any city or county shall, at any time, be such as to entitle it to elect more than two, but no city or county shall be en- titled to elect more than four senators; when a district shall be com- posed of two or more counties, they shall be adjoining, am,d no county shall be divided in forming a district. The city of Philadelphia shall be divided into single senatorial districts of contiguous territory, as nearly equal in taxable popula- tion as possible; but no ward shall be divided in -the formation thereof. The legislature, at its first session after the adoption of this amend- ment, shall divide tJie city of Philadelphia into senatorial and repre- sentative districts in the manner above provided; such districts to remain unchanged until the apportionment in the year one thousand eight hundred and sixty-four. (Amendment of 1857.) Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. I, Sec. 7. Constitution of 1873, Art. II, Sees. 16, 18. Section seven of article one of this Constitution originally read as follows: Sec. 7. The senators shall be chosen in districts, to be formed by the legislature ; but no district shall be so formed as to entitle it to elect more than two senators, unless the number of taxable inhabitants in any city or county shall, at any time, be such as to entitle it to elect more than tv?o, but no city or county shall be entitled to elect more than four sena- tors ; .when a district shall be composed of more than two counties, they shall be adjoining ; neither the city of Philadelphia nor any county shall be divided in forming a district. Note: The words in italics were stricken out by the amendment of ISo/, and the words in italics in the section cited above inserted. Sec. 8. No person shall be a senator who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the State for four years next before his election, and the last year 9 131 1838, Article I. thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State ; and no person elected as aforesaid shall hold said office after he shall have removed from such district. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. I, Sec. 8. Constitution of 1873, Art. II, Sec. 5. Sec. 9. The senators who may be elected at the first general elec- tion after the adoption of the amendments to the constitution, shall be divided by lot into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that thereafter one- third of the whole number of senators may be chosen every year. The senators elected before the amendments to the constitution shall be adopted shall hold their offices during the terms for which they shall respectively have been elected. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. I, Sec. 9. Sec. 10. The general assembly shall meet on the first Tuesday of January in every year, unless sooner convened by the governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 9. Constitution of 1790, Art. I, Sec. 10. Constitution of 1873, Art. II, Sec. 4 Sec. 11. Each house shall choose its speaker and other officers; and the senate shall also choose a speaker pro tempore when the speaker shall exercise the office of governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 9. Constitution of 1790, Art. I, Sec. 11. (Verbatim). Constitution of 1873, Art. II, Sec. S Sec. 12. Each house shall judge of the qualifications of its mem- bers. Contested elections shall be determined by a committee, to be selected, formed, and regulated in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and 132 1838, Article I. may be authorized by law to compel the attendance of absent mem- bers in such manner and under such penalties as may be provided. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sees. 9, 10. Constitution of 1790, Art. I, Sec. 12. (Verbatim). Constitution of 1873, Art. II, Sees. 9, 10. Sec. 13. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free State. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, See. 9. Constitution of 1790, Art. I, Sec. 13 (Verbatim). Constitution of 1873, Art. II, Sec. 11. Sec. 14. The legislature shall not have power to enact laws an- nulling the contract of marriage in any case where, by law, the courts of this commonwealth are, or hereafter may be, empowered to decree a divorce. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. Ill, Sec. 7. Sec. 15. Each house shall keep a journal of its proceedings and publish them weekly, except such part as may require secrecy; and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 14. Constitution of 1790, Art. I, Sec. 14. (Verbatim). Constitution of 1873, Art. II, Sec. 12. Sec. 16. The doors of each house and of committees of the whole shall be open, unless when the business shall be such as ought to be kept secret. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 13. Constitution of 1790, Art. I, Sec. 15 (Verbatim). Constitution of 1873, Art. II, Sec. 13. 133 1838, Article I. Sec. 17. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. I. Sec. 16. (Verbatim). Constitution of 1873, Art. II, Sec. H- ("Verbatim). Sec. 18. The senators and representatives shall receive a com- pensation for their services to be ascertained by law, and paid out of the treasury of the commonwealth. They shall in all cases, ex- cept treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same. And for any speech or debate in either house they shall not be questioned in any other place. Corresponding proyisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 17. Constitution of 1790, Art. I, Sec. 17. (Verbatim). Constitution of 1873, Art. II, Sees. 8, 15. Sec. 19. No senator or representatives shall, during the time for which he shall have been elected, be appointed to any civU offlce under this commonwealth which shall have been created, or the emoluments of which shall have been increased, during such time; and no member of Congress or other person holding any office (except of attorney at law and in the militia) under the United States or this commonwealth, shall be a member of either house during his con- tinuance in Congress or in office. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 7. ' Constitution of 1790, Art. I, Sec. 18. (Verbatim). Constitution of 1873, Art. II, Sec. 6. Sec. 20. When vacancies happen in either house, the speaker shall issue writs of election to fill such vacancies. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. I, Sec. 19. (Verbatim). Constitution of 1873, Art. II, Sec. 2. Sec. 21. All bills for raising revenue shall originate in the house of representatives, but the senate may propose amendments, as in other bills. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. I, Sec. 20. (Verbatim). Constitution of 1873, Art. Ill, Sec. 14. (Verbatim). 134 1838, Article I. Sec. 22. No money shall be drawn from the treasury but in con- sequence of appropriations made by law. Corresponding nrovisions of prior and subsequent Constitutions: Constitution of 1790, Art. I, Sec. 21. (Verbatim). Constitution of 1873, Art. Ill, Sec. 16. Sec. 23. Every bill which shall have passed both houses shall be presented to the governor; if he approve, he shall sign it; but if he shall not approve, he shall return it with his objection, to the house in which it shall have originated, who shall enter the objections at large upon their journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which likewise it shall be reconsidered, and if approved by two-thirds of that house it shall be a law. But in such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the governor within ten days (Sunday excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevented its return, in which case it shall be a law, unless sent back within three days after their next meeting. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. I, See. 22 (Verbatim). Constitution of 1873, Art. IV, Sec. 15. Sec. 24. Every order, resolution, or vote to which the concurrence of both houses may be necessary (except on a question of adjourn- ment) shall be presented to the governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by two-thirds of both houses, according to the rules and limitations prescribed in case of a bill. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. I, Sec. 23. (Verbatim). Constitution of 1873, Art. Ill, Sec. 26. (Verbatim). Sec. 25. No corporate body shall be hereafter created, renewed, or extended, with banking or discounting privileges, without six months' previous public notice of the intended application for the same in such manner as shall be prescribed by law. Nor shall any charter for the purposes aforesaid be granted for a longer period than twenty years ; and every such charter shall contain a clause reserving to the legislature the power to alter, revoke, or annul the same, when- 135 1838, Article II. ever in their opinion it may be injurious to the citizens of the com- monwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall create, renew, or extend the charter of more than one corporation. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. XVI, Sees. 10, 11. Sec. 26. The legislature shall have the power to alter, revoke, or annul any charter of incorporation hereafter conferred by or under any special or general law whenever in their opinion it may be in- jurious to the citizens of the commonwealth, in such manner, how- ever, that no injustice shall be done to the corporators. (Amend- ment of 1857.) Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. XIV, Sec. 10. (Note. Article one of this Constitution in its original form consisted of but twenty-five sections). ARTICLE II. Sec. 1. The supreme executive power of this commonwealth shall be vested in a governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 3. Constitution of 1790, Art. II, Sec. 1. (Verbatim). Constitution of 1873, Art. IV, Sec. 2. Sec. 2. The governor shall be chosen on the second Tuesday of October, by the citizens of the commonwealth, at the places where they shall respectively vote for representatives. The returns of every election for governor shall' be sealed up and transmitted to the seat of government, directed to the speaker of the senate, who shall open and publish them in the presence of the members of both houses of the legislature. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of the mem- bers of both houses. Contested elections shall be determined by a committee to be selected from both houses of the legislature, and formed and regulated in such manner as shall be directed by law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 2. (Verbatim). Constitution of 1873, Art. IV, Sec. 2, 17. 136 1838, Article II. Sec. 3. The governor shall hold his office during three years from the third Tuesday of January next ensuing his election, and shall not be capable of holding it longer than six in any term of nine years. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 3. Constitution of 1873, Art. IV, Sec. 3. Sec. 4. He shall be at least thirty years of age, and have been a citizen and inhabitant of this State seven years next before his election; unless he shall have been absent on the public business of the United States or of this State. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 4. (Verbatim). Constitution of 1873, Art. IV, Sec. 5. Sec. 5. No member of Congress, or person holding any office under the United States or this State, shall exercise the office of governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 5. (Verbatim). Constitution of 1873, Art. IV, Sec. 6 Sec. 6. The governor shall, at stated times, receive for his services a compensation, which shall be neither increased nor diminished during the period for which he shall have been elected. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. II, Sec. 6. (Verbatim). Sec. 7. He shall be commander-in-chief of the army and navy of this commonwealth, and of the militia, except when they shall be called into the actual service of the United States. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 20. Constitution of 1790, Art. 11, Sec. 7. (Verbatim). Constitution of 1873, Art. IV, Sec. 7. Sec. 8. He shall appoint a secretary of the commonwealth during pleasure, and he shall nominate and, by and with the advice and consent of the senate, appoint all judicial officers of courts of record, unless otherwise provided for in this constitution. He shall have power to fill all vacancies that may happen in such judicial offices during the recess of the senate, by granting commissions, which shall expire at the end of their next session: Provided, That in acting on executive nominations the senate shall sit with open doors, and 137 1838, Article II. in confirming or rejecting the nominations of the governor the votes shall be taken by yeas and nays. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 15. Constitution of 1873, Art. TV, Sec. 8. Art. V, Sec. 25. Sec. 9. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 20. Constitution of 1790, Art. II, Sec. 9. (Verbatim). Constitution of 1873, Art. IV, Sec. 9. Sec. 10. He may require information in writing from the officers in the executive department on any subject relating to the duties of their respective offices. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 10. (Verbatim). Constitution of 1873, Art. IV. Sec. 10. Sec. 11. He shall, from time to time, give to the general assembly information of the state of the commonwealth, and recommend to their consideration such measures as he shall judge expedient. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 11, (Verbatim). Constitution of 1873, Art. IV. See. 11. Sec. 12. He may, on extraordinary occasions, convene the general assembly; and in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 20. Constitution of 1790, Art. II, Sec. 12 (Verbatim). Constitution of 1873, Art. IV, Sec. 12. Sec. 13. He shall take care that the laws be faithfully executed. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 20. Constitution of 1790, Art. II, Sec. 13. (Verbatim). Constitution of 1873, Art, IV, Sec. 2. Sec. 14. In case of the death or resignation of the governor, or his removal from office, the speaker of the senate shall exercise the 138 1838, Article III. office of governor until another governor shall be duly qualified ; but in such case another governor shall be chosen at the next annual election of representatives, unless such death, resignation, or re- moval shall occur within three calendar months immediately preced- ing such next annual election, in which case a governor shall be chosen at the second succeeding annual election of representatives. And if the trial of a contested election shall continue longer than until the third Monday of January next ensuing the election of gov- ernor, the governor of the last year or the speaker of the senate who may be in the exercise of the executive authority shall continue therein until the determination of such contested election, and until a governor shall be duly qualified as aforesaid. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 14 Constitution of 1873, Art. IV, Sec. 13. Sec. 15. The secretary of the commonwealth shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same and all papers, minutes, and vouchers relative thereto before either branch of the legislature, and shall perform such other duties as shall be enjoined him by law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. II, Sec. 15. Constitution of 1873, Art. IV, Sec. 18. ARTICLE III. OF ELECTIONS. Sec. 1. In elections by the citizens, every white freeman of the age of twenty-one years, having resided in this State one year, and in the election-district where he offers to vote ten days immediately pre- ceding such election, and within two years paid a State or county tax, which shall have been assessed at least ten days before the elec- tion, shall enjoy the rights of an elector. But a citizen of the United States, who had previously been a qualified voter of this State and removed therefrom and returned, and who shall have resided in the election-district and paid taxes as aforesaid, shall be entitled to vote after residing in the State six months: Provided, That white free- men, citizens of the United States, between the ages of twenty-one 139 1838, Article IV. and twenty-two years, and having resided in the State one year and in the election-district ten days as aforesaid, shall be entitled to vote, although they shall not have paid taxes. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 6. Constitution of 1790, Art. Ill, Sec. 1. Constitution of 1873, Art. VIII, Sec. 1. Sec. 2. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 32. Constitution of 1790, Art. Ill, Sec. 2 (Verbatim). Constitution of 1873, Art. VIII, Sec.i. 4,12. Sec. 3. Electors shall in all cases, except treason, felony, ana breach or surety of the peace, be privileged from arrest during their attendance on elections and in going to and returning from them. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. Ill, Sec. 3. (Verbatim). Constitution of 1873, Art. VIII, Sec. 5. Sec. 4. Whenever any of the qualified electors of this common- wealth shall be in any actual military service, under a requisition from the President of the United States or by the authority of this commonwealth, such electors may exercise the right of suffrage in all elections by the citizens, under such regulations as are or shall be prescribed by law, as fully as if they were present at their usual place of election. (Amendment of 1864.) Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. VIII, Sec. 6. (Verbatim). (Note. Article three of this Constitution in its original form consisted of but three sections. i ARTICLE IV. OP IMPEACHMENT. Sec. 1. The house of representati\'es shall have the sole power of impeaching. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 22. Constitution of 1790, Art. IV, Sec. 1. (Verbatim). Constitution of 1873, Art. VI, Sec. 1. 140 1838, Article V. 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. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 22. Constitution of 1790, Art. IV, Sec. 2. (Verbatim). Constitution of 1873, Art. VI, Sec. 2. (Verbatim). Sec. 3. The governor and all other civil officers under this com- monwealth 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; the party, whether con- victed or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 22. Constitution of 1790, Art. IV, Sec. 3. (Verbatim). Constitution of 1873, Art. VI, Sec. 3 ARTICLE V. OF THE JUDICIAEY. Sec. 1. The judicial power of this commonwealth shall be vested in a supreme court, in courts of oyer and terminer and general jail delivery, in a court of common pleas, orphans' court, registers' court, and a court of quarter sessions of the peace for each county, in justices of the peace, and in such other courts as the legislature may from time to time establish. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 26. Constitution of 1790, Art. V, Sec. 1. (Verbatim). Constitution of 1876, Art. V, Sec. 1. Sec. 2. The judges of the supreme court, of the several courts of conlmon pleas, and of such other courts of record as are or shall be established by law, shall be elected by the qualified electors of the commonwealth in the manner following, to wit: The judges of the supreme court, by the qualified electors of the commonwealth at 141 1838, Article V. large ; the president judges of the several courts of common pleas and of such other courts of record as are or shall be established by law, and all other judges required to be learned in the law, by the quali- fied electors of the respective districts over which they are to pre- side or act as judges; and the associate judges of the courts of com- mon pleas, by the qualified electors of the counties respectively. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well, (subject to the allotment hereinafter provided for, subsequent to the first election) ; the president judges of the several courts of common pleas, and of such other courts of record as are or shall be established by law, and all other judges required to be learned in the law, shall hold their of&ces for the term of ten years, if they shall so long behave themselves well; the associate judges of the courts of com- mon pleas shall hold their offices for the term of five years, if they shall so long behave themselves well; all of whom shall be commis- sioned by the governor, but for any reasonable cause which shall not be sufficient grounds of impeachment, the governor shall remove any of them on the address of two-thirds of each branch of the legislature. The first election shall take place at the general election of this com- monwealth next after the adoption of this amendment, and the com- missions of all the judges who may be then in office shall expire on the first Monday of December following, when the terms of the new judges shall commence. The persons who shall then be elected judges of the supreme court shall hold their offices as follows: One of them for three years, one for six years, one for nine years, one for twelve years, and one for fifteen years, the term of each to be decided by lot by the said judges as soon after the election as con- venient, and the result certified by them to the governor, that the commissions may be issued in accordance thereto. The judge whose commission will first expire shall be chief justice during his term, and thereafter each judge whose commission shall first expire shall in turn be the chief justice, and if two or more commissions shall expire on the same day ,the judges holding them shall decide by lot which shall be the chief justice. Any vacancies happening by death, resignation, or otherwise, in any of the said courts, shall be filled by appointment by the governor, to continue till the first Monday of De- cember succeeding the next general election. The judges of the su- preme court and the presidents of the several courts of common pleas shall at stated times receive for their service an adequate compensa- tion, to be fixed by law, which shall not be diminished during their continuance in office, but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth, 142 1838, Article V. or under the Government of the United States, or any other State of this Union. The judges of the supreme court during their con- tinuance in office shall reside within this commonwealth, and the other judges during their continuance in office shall reside within the district or county for which they were respectively elected. (Amend- ment of 1850.) Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sees. 20, 23. Constitution of 1790, Art. V, Sees. 2, 4. Constitution of 1873, Art. V, Sees. 2; 15, 17, 18, 19, 25. Section two of article five of this Constitution originally read as follows : Sec. 2. The judges of the supreme court, of the several courts of common pleas, and of such other courts of record as are or shall be established by law, shall be nominated by the governor and, by and with the consent of the senate, appointed and commissioned by him. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well. The president judges of the several courts of common pleas, and of such other courts of record as are or shall be established by law, and all other judges, re- quired to be learned in the law, shall hold their offices for the term of ten years, if they shall so long behave themselves well. The as- sociate judges of the courts of common pleas shall hold their offices for the term of five years, it they shall so long behave themselves well. But for any reasonable cause, which shall not be sufficient ground of im- peachment, the governor may remove any of them on the address of two- thirds of each branch of the legislature. The judges of the supreme court and the presidents of the several courts of common pleas shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office ; but they shall receive no fees or perquisites of office, nor hold any office of profit under this commonwealth. Sec. 3. Until otherwise directed by law, the courts of common pleas shall continue as at present established. Not more than five coun- ties shall at any time be included in one judicial district organized for said courts. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. V, Sec. i. Constitution of 1873, Art. V, See. i. Sec. 4. The jurisdiction of the supreme court shall extend over the State and the judges thereof shall, by virtue of their offices, be justices of oyer and terminer and general jail-delivery, in the several counties. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. V, Sec. 3. (Verbatim). Constitution of 1873, Art. V, Sec. 3. 143 1838, Article V. Sec. 5. The judges of the court of common pleas in each county shall, by virtue of their ofBces, be justices of oyer and terminer and general jail-delivery, for the trial of capital and other offenders therein; any two of said judges, the president being one, shall be a quorum ; but they shall not hold a court of oyer and terminer, or jail- delivery, in any county, when the judges of the supreme court, or any of them, shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such regulations as shall be prescribed by law, remove the indictment and proceedings, or a transcript thereof, into the supreme court. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. V, Sec. 5. (Verbatim). Constitution of 1873, Art. T, Sees. 9, 24. Sec. 6. The supreme court, and the several courts of common pleas, shall, beside the powers heretofore usually exercised by them, have the powers of a court of chancery, so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the State, and the care of the persons and estates of those who are non compotes mentis. And the legislature shall vest in the said courts such other powers to grant relief in equity as shall be found necessary; and may, from time to time, enlarge or diminish those powers, or vest them in such other courts as they shall judge proper, for the due administration of justice. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 24. Constitution of 1790, Art. V, Sec. 6. (Verbatim). Constitution of 1873, Art. V, Sec. 20. Sec. 7. The judges of the court of common pleas of each county, any two of whom shall be a quorum, shall compose the court of quarter sessions of the peace, and orphans' court thereof; and the register of wills, together with the said judges, or any two of them, shall compose the register's court of each county. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. V, Sec. 7. (Verbatim). Constitution of 1873, Art. V, Sees. 9, 22. Sec. 8. The judges of the courts of common pleas shall, within their respective counties, have like powers with the judges of the su- preme court, to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. V, Sec. 8. (Verbatim). Constitution of 1873, Art. V, See. 10. 144 1838, Article VI. Sec. 9. The president of the court in each circuit within such circuit, and the judges of the court of common pleas within their respective counties, shall be justices of the peace, so far as relates to criminal matters. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. V, Sec. 9. (Verbatim). Constitution of 1873, Art. V, Sec. 9. Sec. 10. A register's office, for the probate of wills and granting letters of administration, and an ofQce for the recording of deeds, shall be kept in each county. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 34. Constitution of 1790, Art. V, Sec. 11. (Verbatim). Constitution of 1873, Art. XIV, Sec. i. Sec. 11. The style of all process shall be "The commonwealth of Pennsylvania." All prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude, "against the peace and dignity of the same." Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, See. 27. Constitution of 1790, Art. V, Sec. 12. (Verbatim). Constitution of 1873, Art. V, Sec. 23. (Verbatim). ARTICLE VI. OF SHERIFFS AND CORONERS. Sec. 1. Sheriffs and coroners shall, at the time and places of election of representatives, be chosen by the citizens of each county. One person shall be chosen for each office, who shall be commissioned by the governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified; but no person shall be twice chosen or appointed sheriff in any term of six years. Vacancies in either of the said offices shall be filled by an appointment, to be made by the governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, See. 31. Constitution of 1790, Art. VI, Sec. 1. Constitution of 1873, Art. XIV, Sees. 1, 2. 145 188, Article VI. Sec. 2. The freemen of this commonwealth shall be armed, or- ganized, and disciplined for its defence, when and in such manner as may be directed by law. Those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 5. Constitution of 1790, Art. VI, Sec. 2. Con.stitution of 1873, Art. XI, Sec. 1. Sec. 3. Prothonotaries of the supreme court shall be appointed by the said court for the term of three years, if they so long behave themselves well. Prothonotaries and clerks of the several other courts, recorders of deeds, and registers of wills, shall, at the times and places of election of representatives, be elected by the qualified electors of each county, or the districts over which the jurisdiction of said courts extends, and shall be commissioned by the governor. They shall hold their offices for three years, if they shall so long be- have themselves well, and until their successors shall be duly quali- fied. The legislature shall provide by law the number of persons in each county who .shall hold said offices, and how many and which of said offices shall be held by one person. Vacancies in any of the said offices shall be filled by appointments to be made by the governor, to continue until the next general election, and until successors shall be elected and qualified as aforesaid. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. XIV, Sec. 2. Sec. i. Prothonotaries, clerks of the peace and orphans' courts, recorders of deeds, registers of wills, and sheriffs, shall keep their offices in the county-town of the county in which they, respectively, shall be ofiicers, unless when the governor shall, for special reasons, dispense therewith, for any term not exceeding five years after the county shall have been erected. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 34. Constitution of 1790, Art. VI, Sec. 3 (Verbatim). Constitution of 1873, Art. XIV, Sec. i. Sec. 5. All commissions shall be in the name and by the authority of the commonwealth of Pennsylvania, and be sealed with the State seal and signed by the governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 21. Constitution of 1790, Art. VI, Sec. 4 (Verbatim). Constitution of 1873, Art. IV, Sec. 22. 146 1838, Article VI. Sec. 6. A State Treasurer shall be chosen by the qualified electors of the State, at such times and for such term of service as shall be prescribed by law. (Amendment of 1872.) Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 9. Constitution of 1790, Art. VI, Sec. 5. Constitution of 1873, Art. IV, Sec. 21. Section six of article six of this Constitution originally read as follows : Sec. 6. A State treasurer shall be elected annually, by joint vote of both branches of the legislature. Sec. 7. Justices of the peace or alderman shall be elected in the several wards, boroughs, and townships, at the time of the election of constables, by the qualified voters thereof, in such number as shall be directed by law, and shall be commissioned by the governor for a term of five years. But no township, ward, or borough shall elect more than two justices of the peace or aldermen without the consent of a majority of the qualified electors within such township, ward, or borough. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 30. Constitution of 1790, Art. V, Sec. 10. Constitution of 1873, Art. V, Sec. 11. Sec. 8. All officers whose election or appointment is not provided for in this constitution shall be elected or appointed as shall be di- rected by law. No person shall be appointed to any office within any county who shall not have been a citizen and an inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No member of Congress from this State or any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exer- cise any office in this State to which a salary is, or fees or perquisites are, by law, annexed; and the legislature may by law declare what State offices are incompatible. No member of the senate or of the house of representatives shall be appointed by the governor to any office during the term for which he shall have been elected. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 7. Constitution of 1790, Art. II, Sec. 8. Constitution of 1873, Art. II, Sec. 6. Art. XII, Sees. 1, 2. 10 147 1838, Article VII. Sec. 9. All officers for a term of years shall hold their offices for the terms respectively specified, only on the condition that they so long behave themselves well; and shall be removed on conviction of misbehavior in office or of any infamous crime. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. VI, Sec. i. Sec. 10. Any person who shall, after the adoption of the amend- ments proposed by this convention to the constitution, fight a duel, or send a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this State ; and shall be punished otherwise in such man- ner as is or may be prescribed by law; but the executive may remit the said offence and all its disqualifications. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. XII, Sec. 3. ARTICLE VII. EDUCATION. Sec. 1. The legislature shall, as soon as conveniently may be, provide by law for the establishment of schools throughout the State, in such manner that the poor may be taught gratis. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 44. Constitution of 1790, Art. VII, Sec. I. (Verbatim). Constitution of 1873, Art. X, Sec. 1. Sec. 2. The arts and sciences shaU be promoted in one or more seminaries of learning. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. VII, Sec. 2. (Verbatim). Sec. 3. The rights, privileges, immunities, and estates of religious societies and corporate bodies shall remain as if the constitution of this State had not been altered or amended. Corresponding provisions of prior Constitutions: Constitution of 1790, Art. VII, Sec. 3. (Verbatim). 148 1838, Article VIII. Sec. 4. The legislature shall not invest any corporate body or in- dividual with the privilege of taking private property for public use, without requiring such corporation or individual to make compensa- tion to the owners of said property, or give adequate security there- for, before such property shall be taken. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art XVI, Sec. 8. ARTICLE VIII. OATHS OF OFFICE. Members of the general assembly, and all officers executive and judicial, shall be bound by oath or afflrmation to support the consti- tution of this commonwealth, and to perform the duties of their re- spective ofQces with fidelity. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sees. 10, 40. Constitution of 1790, Art. VIII. (Verbatim). Constitution of 1873, Art. VII, See. 1. ARTICLE IX. DECLARATION OF RIGHTS. That the general, great, and essential principles of liberty and free government may be recognized and unalterably established, we de- clare — Sec. 1. All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own hap- piness. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1778, Dec. of Rights, CI. 1. Constitution of 1790, Art. IX, Sec. 1. (Verbatim). Constitution of 1873, Art. I, Sec. 1. (Verbatim). 149 1838, Article IX. Sec. 2. All power is inlierent in the people, and all Iree govern- ments are founded on their authority, and instituted for their peace, safety and happiness. For the advancement of those ends, they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. V. Constitution of 1790, Art. IX, Sec. 2. (Verbatim). Constitution of 1873, Art. I, Sec. 2. Sec. 3. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; that no human authority can, in any such case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishments or modes of worship. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. 11. Constitution of 1790, Art. IX, Sec. 3. (Verbatim). Constitution of 1873, Art. I, Sec. 3. (Verbatim). Sec. 4. No person who acknowledges the being of a God and a future state of rewards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this commonwealth. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. II. Constitution of 1790, Art. IX, Sec. 4. (Verbatim). Constitution of 1873, Art. I, Sec. 4. (Verbatim). Sec. 5. Elections shall be free and equal. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. VII. Constitution of 1790, Art. IX, Sec. 5 (Verbatim). Constitution of 1873, Art. I, Sec. 5. Sec. 6. Trial by jury shall be as heretofore, and the right thereof remain inviolate. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. XI. Sec. 25. Constitution of 1790, Art. IX, Sec. 6. (Verbatim). Constitution of 1873, Art. I, Sec. 6. (Verbatim). 150 1838, Article IX. Sec. 7. The printing-presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. In prosecution for the publication of papers investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. XII. Sec. 35. Constitution of 1790, Art. IX, Sec. 7. (Verbatim). Constitution of 1873, Art. I, Sec. 7. Sec. 8. The people shall be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures ; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without prob- able cause, supported by oath or affirmation. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. X. Constitution of 1790, Art. XI, Sec. 8. (Verbatim). Constitution of 1873, Art. I, Sec. 8. Sec. 9. In all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor, and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage; he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers or the law of the land. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI IX. Constitution of 1790, Art. IX, Sec. S. (Verbatim). Constitution of 1873, Art. 1, Sec. 9. (Verbatim). 151 1838, Article IX. Sec. 10. No person shall, for any indictable offence, be proceeded against criminally by information ; except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; or by leave of the court for oppression and misdemeanor in office. No person shall for the same offence be twice put in jeopardy of life or limb; nor shall any man's property be taken or applied to public use without the consent of his repre- sentatives and without just compensation being made. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. VIII. Constitution of 1790, Art. IX, Sec. IC. (Verbatim). Constitution of 1873, Art. I, Sec. 10. Sec. 11. All courts shall be open, and every man, for an injury- done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the common- wealth in such manner, in such courts, and in such cases as the legis- lature may, by law, direct. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, Sec. II. (Verbatiml. Constitution of 1873, Art. I, See. 11. (Verbatim). Sec. 12. No power of suspending laws shall be exrcised, unless by the legislature or its authority. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 12. (Verbatim). Constitution of 1873, Art. I, Sec. 12. Sec. 13. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 29. Constitution of 1790, Art. IX, Sec. 13. (Verbatim). Constitution of 1873, Art. 1, Sec. 13. (Verbatim). Sec. 14. All prisoners shall be bailable by sufficient sureties, un- less for capital offences, when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 28. Constitution of 1790, Art. I, Sec. 14. (Verbatim). Constitution of 1873, Art. I, Sec. 14. (Verbatim). 152 ms, Article IX. Sec. lo. No commission of oyer and terminer or jail-delivery shall be issued. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 15. (Verbatim). Constitution of 1873, Art. I, Sec. 15. (Verbatim). Sec. 16. The person of a debtor, where there is not strong pre- sumption of fraud shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 28. Constitution of 1790, Art. IX, Sec. 16. (Verbatim). Constitution of 1873, Art. I, Sec. 16. (Verbatim). Sec. 17. No ex post facto law, nor any law impairing contracts, shall be made. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 17. (Verbatim). Constitution of 1873, Art. I, Sec. 17. Sec. 18. No person shall be attainted of treason or felony by the legislature. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 18. (Verbatim.). Constitution of 1873, Art. I, Sec. 18. (Verbatim). Sec. 19. No attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the common- wealth; that the estates of such persons as shall destroy their own lives shall descent or vest as in case of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 10 (Verbatim). Constitution of 1873, Art. I, Sec. 19. (Verbatim). Sec. 20. The citizens have a right, in a peaceable manner, to as- semble together for their common good, and to apply to those in- vested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. XVI. Constitution of 1790, Art. IX, Sec. 20. (Verbatim). Constitution of 1873, Art. I, Sec. 20. (Verbatim). 153 1838, Article IX. Sec. 21. The right of the citizens to bear arms, in defence of them- selves and the State, shall not be questioned. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. XIII. Constitution of 1790, Art. IX, Sec. 21. (Verbatim). Constitution of 1873, Art. I, Sec. 21. (Verbatim). Sec. 22. No standing army shall, in time of peace, be kept up, without the consent of the legislature; and the military shall, in all cases and at all times, be in strict subordination to the civil power. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. XIII. Constitution of 1790, Art. IX, Sec. 22. (Verbatim). Constitution of 1873, Art. I, Sec. 22. (Verbatim). Sec. 23. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 23. (Verbatim). Constitution of 1873, Art. I, Sec. 23. (Verbatim). Sec. 24. The legislature shall not grant any title of nobility or hereditary distinction, nor create any ofiSce the appintment of which shall be for a longer term than during good behavior. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, See. 24. (Verbatim). Constitution of 1873, Art. I, Sec. 24. Sec. 25. Emigration from the State shall not be prohibited. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. XV Constitution of 1790, Art. IX, Sec. 25. (Verbatim). Constitution of 1873, Art. I, Sec. 25. (Verbatim). Sec. 26. To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is ex- cepted out of the general powers of government, and shall forever re- main inviolate. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 26. (Verbatim). Constitution of 1873, Art. I, Sec. 26. (Verbatim). 154 1838, Article X. ARTICLE X. Any amendment or amendments to this constitution may be pro- posed in the senate or house of representatives, and if the same shall be agreed to by a majority of th members elected to each house, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the secretary of the commonwealth shall cause the same to be published three months before the next election, in at least one newspaper in every county in which a newspaper shall be published; and if in the legislature next afterward chosen such proposed amendment or amendments shall be agreed to by a majority of the members elected to each house, the secretary of the commonwealth shall cause the same again to be published in manner aforesaid, and such proposed amendment or amendments shall be submitted to the people in such manner and at such time, at least three months after being so agreed to by the two houses, as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the qualified voters of this State voting thereon, such amendment or amendments shall become a part of the constitution, but no amendment or amendments shall be submitted to the people oftener than once in five years: Provided, That if more than one amend- ment be submitted, they shall be submitted in such manner and form that the people may vote for or against each amendment separately and distinctly. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 47. Constitution of 1873, Art. XVIII, Sec. 1. ARTICLE XL (AMENDMENT OP 1857.) Sec. 1. The State may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for, but the aggregate amount of such debts, direct and contingent, whether contracted by virtue of one or more acts of the general as- sembly or at different periods of time, shall never exceed seven hun- dred and fifty thousand dollars, and the money arising from the 155 1838, Article XI. creation of such debts shall be applied to the purposes for which it was obtained, or to repay the debts so contracted and to no other purpose whatever. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. IX, Sees. 4, 5. Sec. 2. In addition to the above limited power, the State may contract debts to repel invasion, suppress insurrection, defend, the State in war, or to redeem the present outstanding indebtedness of the State; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised or to repay such debts, and to no other purpose whatever. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. IX, Sees. 4, 5. Sec. 3. Except the debts above specified in sections one and two of this article, no debt whatever shall be created by or on behalf of the State. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. IX, Sec. 4. Sec. 4. To provide for the payment of the present debt, and any additional debt contracted as aforesaid, the legislature shall, at its first session after the adoption of this amendment, create a sinking- fund, which shall be sufScient to pay the accruing interest on such debt and annually to reduce the principal thereof by a sum not less than two hundred and fifty thousand dollars; which sinking-fund shall consist of the net annual income of the public works from time to time owned by the State, or the proceeds of the sale of the same or any part thereof, and of the income or proceeds of sale of stocks owned by the State, together with other funds or resources that may be designated by law. The said sinking-fund may be increased from time to time by assigning to it any part of the taxes or other revenues of the State not required for the ordinary and current expenses of government, and, unless in case of war, invasion, or insurrection, no part of the said sinking-fund shall be used or applied otherwise than in extinguishment of the public debt, until the amount of such debt is reduced below the sum of five millions of dollars. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. IX, Sec. 11. Sec. 5. The credit of the commonwealth shall not in any manner or event be pledged or loaned to any individual, company, corpora- tion, or association, nor shall the commonwealth hereafter become a 156 1838, Article XI. joint owner or stockholder in any company, association, or corpora- tion. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. IX, Sec. 6. Sec. 6. The commonwealth shall not assume the debt, or any part thereof, of any county, city, borough, or township, or of any corpora- tion or association, unless such debt shall have been contracted to enable the State to repel invasion, suppress domestic insurrection, defend itself in time of war, ^ or to assist the State in the discharge of any portion of its present indebtedness. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. IX, Sec. 9. Sec. 7. The legislature shall not authorize any county, city, bor- ough, township, or corporated district, by virtue of a vote of its citi- zens or otherwise, to become a stockholder in any company, associa- tion, or corporation, or to obtain money for or loan its credit to any corporation, association, institution, or party. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. IX, Sec. 7. Sec. 8. No bill shall be passed by the legislature containing more than one subject, which shall be expressed in the title, except appro- priation bills. (Amendment of 1864.) Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. Ill, Sec. 3. (Note. Article eleven of this Constitution, added by the amendment of 1857, in its original form consisted of but seven sections). Sec. 9. No bill shall be passed by the legislature granting any pow- ers or privileges, in any case, where the authority to grant such pow- ers or privileges has been or may hereafter be conferred upon the courts of this commonwealth. (Amendment of 1864.) Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. Ill, Sec. 7. (Last paragraph). (Note. Article eleven of this Constitution, added by the amendment of 1857, in its original form consisted of but seven sections). 157 1857, Schedule. ARTICLE XII. (AMENDMENT OF 1857.) No county shall be divided by a line cutting oflE over one-tenth of its population (either to form a new county or otherwise) without the express assent of such county, by a vote of the electors thereof, nor shall any new county be established containing less than four hundred square miles. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. XIII, Sec. 1. SCHEDULE. That no inconvenience may arise from the alterations and amend- ments in the constitution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained that — Sec. 1. All laws of this commonwealth in force at the time when the said alterations and amendments in the said constitution shall take effect, and not inconsistent therewith, and all rights, prosecu- tions, actions, claims, and contracts, as well of individuals as of bod- ies-corporate, shall continue as if the said alterations and amendments had not been made. Sec. 2. The alterations and amendments in the said constitution shall take effect from the first day of January, eighteen hundred and thirty-nine. Sec. 3. The clauses, sections, and articles of the said constitution which remain unaltered, shall continue to be construed and have effect as if the said constitution had not been amended. Sec. 4. The general assembly which shall convene in December, eighteen hundred and thirty-eight, shall continue its session, as here- tofore, notwithstanding the provision in the eleventh section of the first article, and shall at all times be regarded as the first general assembly under the amended constitution. Sec. 5. The governor who shall be elected in October, eighteen hun- dred and thirty-eight, shall be inaugurated on the third Tuesday in 158 1857, Schedule. January, eighteen hundred and thirty-nine; to which time the present executive term is hereby extended. Sec. 6. The commission of the judges of the supreme court who may be in office on the flist day of January next shall expire in the following manner: The commission which bears the earliest date shall expire on the first day of January, Anno Domini one thousand eight hundred and forty-two; the commission next dated shall expire on the first day of January, Anno Domini one thousand eight hun- dred and forty -five; the commission next dated shall expire on the first day of January, Anno Domini one thousand eight hundred and forty-eight ; the commission next dated shall expire on the first day of January, Anno Domini one thousand eight hundred and fifty-one; and the commission last dated shall expire on the first day of Janu- ary, Anno Domini one thousand eight hundred and fifty-four. Sec. 7. The commissions of the president judges of the several judicial districts, and of the associate law judges of the first judicial districts, shall expire as follows: The commissions of one-half of those who shall have held their offices ten years or more, at the adop- tion of the amendments to the constitution, shall expire on the twenty- seventh day of February, one thousand eight hundred and thirty-nine ; the commissions of the other half of those who shall have held their offices ten years or more, at the adoption of the amendments to the constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and forty-two ; the first half to embrace those whose commissions shall bear the oldest date. The commissions of all the remaining judges who shall not have held their offices for ten years, at the adoption of the amendments to the constitution, shall ex- pire on the twenty-seventh day of February next after the end of ten years from the date of their commissions. Sec. 8. The recorders of the several mayors' courts in this com- monwealth shall be appointed for the same time and in the same man- ner as the president judges of the several judicial districts; of those now in office, the commission oldest in date shall expire on the twenty- seventh day of February, one thousand eight hundred and forty-one, and the others every two years thereafter according to their respec- tive dates ; those oldest in date expiring first. Sec. 9. The legislature, at its first session under the amended con- stitution, shall divide the other associate judges of the State into four classes. The commissions of those of the first class shall expire on the twenty -seventh day of February, eighteen hundred and forty; of those of the second class on the twenty-seventh day of February, eighteen hundred and forty-one; of those of the third class on the twenty-seventh day of February, eighteen hundred and forty-two ; and 159 1857, Schedule. of those of the fourth class on the twenty-seventh day of February, eighteen hundred and forty-three. The said classes, from the first to the fourth, shall be arranged according to the seniority of the com- missions of the several judges. Sec. 10. Prothonotaries, clerks of the several courts, (except of the supreme court,) recorders of deeds, and registers of wills, shall be first elected under the amended constitution at the election of repre- sentatives, in the year eighteen hundred and thirty-nine, in such man- ner as may be prescribed by law. Sec. 11. The appointing power shall remain as heretofore, and all officers in the appointment of the executive department shall con- tinue in the exercise of the duties of their respective oflSces until the legislature shall pass such laws as may be required by the eight sec- tion of the sixth article of the amended constitution, and until ap- pointments shall be made under such laws, unless their commissions shall be superseded by new appointments, or shall sooner expire by their own limitations, or the said offices shall become vacant by death or resignation, and such laws shall be enacted by the first legislature under the amended constitution. Sec. 12. The first election for aldermen and justices of the peace shall be held in the year eighteen hundred and forty, at the time fixed for the election of constables. The legislature, at its first ses- sion under the amended constitution, shall provide for the said elec- tion and for subsequent similar elections. The aldermen and justices of the peace now in commission, or who may in the interim be ap- pointed, shall continue to discharge the duties of their respective offices until fifteen days after the day which shall be fixed by law for the issuing of new commissions, at the expiration of which time their commissions shall expire. In testimony that the foregoing is the amended constitution of Pennsylvania, as agreed to in convention, we, the officers and mem- bers of the convention, have hereunto signed our names, at Philadel- phia, the twenty-second day of February, Anno Domini one thousand eight hundred and thirty-eight, and of the Independence of the United States of America the sixty-second. JOHN SEEGEANT, President. S. SHOCH, Secretary. GEORGE L. FAUSS, J. WILIAMS, Assistant secretaries. 160 INDEX CONSTITUTION OF 1838. (161) (162) INDEX Art. ACCUSED, Rights of IX ADDRESS, Right of, IX ADJOURNMENT, of Legislature 1 ADMINISTRATION, Letters of. Office to be kept for granting, V ADMINISTRATION OF JUSTICE , to be free, IX AFFIRMATION, See OATH. ALDERMEN, Election of, VI Term of, VI ALTERATION, of government, a right of people, IX APPEAL, See Courts. APPOINTMENTS, to office longer than during good behavior forbidden , IX APPORTIONMENT, See LEGISLATURE. APPROPRIATION, of money from State Treasury, I Of private property, VII IX ARMS, right to bear, '. IX ARMY, See MILITARY POWER; MILITIA; SOLDIERS. Governor to be Commander-in-Chief, II Standing, in time of peace, IX ARREST, See ELECTIONS ; LEGISLATURE. ARTS, Promotion of, VII ASSEMBLAGES , Peaceable , of citizens allowed , IX ASSEMBLY, GENERAL. See LEGISLATURE. ASSOCIATE JUDGE, See COURTS. ATTAINDER, effect of, limited, IX Of Treason or felony, IX ATTORNEY, Accused has right to be heard by, IX BAIL , except in capital cases, to be taken , IX Not to be excessive, IX BANKING, Term of charter of corporation engaged in, I BILLS, Approval of, by Governor, I Disapproved by Governor, I Retained by Governor, I Returned to Legislature without approval, I Revenue , must originate in House, I Veto of, by Governor, I CAPITAL OFFENCES, not bailable, IX CASUALTY, Death from, not to cause forfeiture, IX CERTIORARI. To courts not of record, V CHALLENGE, To fight duel, punishment for, VI CHANCERY, Common Pleas Courts to have power of, V Supreme Court to have powers of, V (163) Sec. 9,10 20 17 10 11 7 7 2 24 22 4 10 21 7 22 2 20 19 18 9 14 13 25 23 23 23 23 21 23 14 19 8 10 6 6 INI>EX. Art. Sec. CHARTER, See also CORPORATIONS. CHIEF JUSTICE, See COURTS. CITIES, Representative apportionment in, I 4 Representatives, number of, entitled to, I 4 Senators, number of, entitled to, I 7 CIVIL , Power , military subordinate to , IX 22 CLERK of Courts, See COUNTY; COURTS. COMMISSION, of oyer and terminer or jail delivery prohibited, IX 15 To be in name of Commonwealth, "VI .n To be signed and sealed by Governor, VI S COMMON PLEAS COURTS, See COURTS. COMMON SCHOOLS, See EDUCATION; SCHOOLS. COMMONWEALTH, Suits against, IX 11 COMPENSATION, For property taken, injured or destroyed, .. VII 4 IX 10 COMPULSORY, process, accused to have, IX 9 CONCURRENT, orders, to be presented to Governor, I 24 Resolutions to be presented to Governor, I 24 Vote to be presented to Governor , I 24 CONGRESS, Member of, not to hold office in State, VI 8 Member of, not to be Governor, II 5 Member of, ineligible to Legislature , I 19 CONSCIENCE, Right of, IX 3 CONTEST of elections, I 12 11 2 CONTRACTS, Law impairing, forbidden, IX 17 CORONER, See COUNTY. CORPORATIONS, Banking, Notice of application for charter, I 25 Revocation or alteration of charter, I 25 Term of charter , I 25 Charter, one law not to include more than one, I 25 Revocation or alteration of, by State, I 26 Injurious, control of, by State, I 26 Rights, privileges, immunities and estates of, not to be af- fected, VII 3 CORRUPTION, of blood, from attainder, IX 19 COUNSEL, Accused may have IX 9 COUNTY, Clerk of court, election, term, etc., , V 3 Coroner, election of, VI 1 Not to succeed himself, VI 1 Term of, VI 1 Vacancy in office of, VI 1 Officers, election of, VI 3 Office to be kept in county town , VI 4 Terms of VI 3 Vacancy in certain , how filled VI 3 Sheriff, election of, VI 1 Not to succeed himself, VI 1 Term of, VI 1 Vacancy in office of, VI 1 164 INDEX. Art. Sec. COURTS, See also JUSTICES OF THE PEACE. Associate Judge, election of V 2 Term of, V 2 Certiorari to Justices of the Peace V 8 Chancery powers, V 6 Clerks of election, term, etc., VI 3 Common Pleas, V 1,2,3,5, 6,7,8,9 Election of Judges, V 2 Establishment of, V 3 Terms of Judges, V 2 General Assembly may establish new, V 1 Jail delivery, commission of, prohibited IX 1.5 Judges, appointment of, II 8 Commission of, V 2 Compensation of, V 2 Disqualification of, V 2 Oath of office VIII Of Common Pleas to be Justices of the Peace, V 9 Kemoval of, V 2 Residence of, V 2 Vacancies in office of V 2 II 8 Judicial districts, V 3 Judicial power of State vested in certain, V Process, style of, V 1 Prosecutions, Regulation of, V 1 Orphans', V Composition of V Oyer and Terminer, V 1,4, Quarter sessions, V Composition of, V Registers' , V Composition of, V ShaU be open, IX I Supreme, V 1,2,4,6 Chancery powers of, V 6 Chief Justice, V 2 Compensation of, V 2 Election of Judges, V 2 Jurisdiction of, V 4 Priority in commission, V 2 Prothonotary of, VI 3 Residence of Judges, V 2 Term of Judges V 2 To appoint prothonotary, VI 3 Vacancies in, V 2 Twice in jeopardy, IX 10 CRIMINAL, See COURTS. CRIMINAL PROSECUTIONS, Rights of accused in, IX 9,10 165 INDEX. Art. DEBTORS, Imprisonment of IX DECLARATION O FRIGHTS, IX DEEDS, Recording of, office to be kept for, V DEPENDANT, in criminal proceedings, rights of, IX DEFENSE, Right of citizens to bear arms for, IX DEODANDS, Prohibited IX DISQUALIFICATION, for holding office, I IX VI DISQUALIFICATIONS FOR OFFICE, DueUing, VI DISTINCTION, Hereditary, prohibited, IX DISTRICTS, See COURTS. DIVORCES , when legislature not to grant, I DUEL, Punishment for fighting, VI EDUCATION, See also SCHOOLS. General provisions relating to , VII ELECTIONS, See also COUNTY; COURTS; CORPORA- TIONS; GOVERNOR; LEGISLATURE. Aldermen , VI By ballot, HI By representatives , to be viva voce , Ill Contests , Gubernatorial , II Legislature, I Coroner, VI County oiBcers, VI Electors privileged from arrest , Ill General provisions relating to , Ill Governor II Justices of the Peace, VT Members of the Legislature I Privilege from arrest, of electors, Ill Qualification of electors, Ill Representatives I Right of suffrage, IX Senators , I Shall be free and equal IX Sheriff VI Soldiers in service may vote, Ill State Treasurer, VI ELECTORS, See ELECTIONS. EMIGRATION, from State allowed, IX EMINENT DOMAIN, by corporations, regulated VII General provisions , IX VII ENJOYMENT, of life and liberty, right of IX ESTABLISHMENTS, Religious, no preference given to IX ESTATES, of corporations, existing, not to be affected VII Of religious societies, existing, not to be affected, VII EVIDENCE, Against self, accused not to give IX Obtaining outside the State , V Perpetuation of, V 166 Sec. 16 Par. 1 10 9,10 21 19 19 i 8 10 24 U 10 7 2 2 2 12 1 3 3 2 7 2,5,20 3 1 2 5 5,7,9 5 1 i 6 25 4 10 4 I 3 3 3 9 6 6 INDEX. Art. Sec. EXECUTIVE, See also GOVERNOR. General provisions relating to II Power vested in Governor II 1 EXEMPTION, MUitary duty, VI 2 EX POST FACTO LAW, IX 17 EXPROPRIAITION, of private property, VI 4 IX 10 EXPULSION, of members of legislature, 1 13 FELONY, Attainder of, IX 18* FINES, Governor may remit, II 9 Not to be excessive, IX 13 FORFEITURES, for suicide, prohibited, IX 19 Governor may remit, II 9 Of estate from attainder, IX 19 FREEDOM, Men are born in, IX 1 Of elections, IX 5 Of press IX 7 GENERAL ASSEMBLY, See LEGISLATURE; ELECTIONS. GOVERNMENT, Any branch of, may be examined, IX 7 Free, founded on authority of people, IX 2 People have right to alter, reform or abolish IX 2 GOVERNOR, Appointing power of II 8 Appointments to fill certain county offices, VI 3 Appointments to fill judicial vacancies, II 8 Approval or disapproval of concurrent orders, resolutions or votes, I 24 Commander of army and navy of State II 7 Compensation, II 6 Concurrent orders, resolutions and votes to be presented to,.. I 24 Contested election of, II 2,14 Death or disability of, II 14 Election of II 2,14 Executive power vested in, II 1 General provisions relating to II Impeachment of, IV 3 May adjourn legislature in certain cases, II 12 May approve or veto bills I 23 May convene legislature or Senate in special session, II 12 May remit fines and forfeitures , II 9 May remove judges, V 2 May remove punishments for duelling, VI 10 May require information from officers of Executive Depart- ment, n 10 Messages of, II 11 Oath of office VIII Pardoning power of, II 9 Power as to location of office of county officers, VI 4 Qualifications of II 4,6 167 INDEX. GO VERNOR— Continued . Art. Record of ofBcial acts of, to be kept by Secretary of the Com- monwealth, II Shall see to execution of laws II Supreme Executive power vested in , II Term of, II To commission Judges , V Vacancy in office of, II Veto power, I GRIEVANCES , Right to petition for redress of, IX HABEAS CORPUS, When suspended, IX HAPPINESS, Right of pursuing, IX HEREDITARY DISTINCTION, prohibited, IX HOUSE OP REPRESENTATIVES, See LEGISLATURE. IMMUNITIES, of corporations, existing, not to be effected, VII Of religious societies, existing, not to be affected, VII IMPEACHMENT, Governor may not pardon for, II General provisions relating to IV House to have sole power of, IV Result of judgment of, IV Tried only by Senate, IV Who liable to IV IMPRISONMENT, for debt, IX INCOMPATIBLE OFFICES, II V VI INCORPORATION, See also CORPORATIONS. INDEFEASIBLE RIGHTS, Men h.ive, IX INDEPENDENT, Men are born, IX INDICTMENT, Prosecutions by, IX Removal of, V INFORMATION, in criminal causes, limited, IX Prosecutions by, IX INHERENT RIGHTS, of mankind, IX INJURY, to lands, goods, person or reputation, legal remedy for, IX INSOLVENT DEBTORS , Imprisonment of IX INVASION, of the State, IX INVESTIGATIONS, Public, may be published, IX JAIL DELIVERY, Commission of, prohibited, IX JEOPARDY, twice in, IX JOURNAL, See LEGISLATURE. JUDGES, See COURTS. JUDGMENT, of peers, IX JUDICIAL DISTRICTS, See COURTS. JUDICIARY, See COURTS. JURY TRIAL, guaranteed in certain criminal causes, IX Right to, IX JUSTICE, to be administered without sale, denial or delay IX 16S Sec. 15 13 1 3 2 14 23 20 14 1,2 24 3 3 9 1 3 2 3 16 5 2 8 1,3 1 9,10 5 10 9 1 11 16 14 7 1.5 10 6,9 11 INDEX. JUSTICES OF THE PEACE, Certiorari to, Election of Judges of Common Pleas to be, Judicial power vested in, Term of, -. Art. V VI V V VI Sec. 8 7 9 1 7 I/AW, Ex post facto, forbidden Of the land , in criminal causes , LAWS , Governor to see to execution of, Suspension of, limited LAWYER, Accused may have, LEGISLATIVE POWER, how vested, LEGISLATURE, Adjournment, Amendments of bills , Annulment of marriage prohibited in certain cases, Apportionment of members , Bills passed to be presented to Governor, Retained by Governor , Returned without Executive approval , Revenue to originate in House, Committee , sessions to be open Compensation of members, Compulsory attendance of absent members, Concurrent orders, resolutions or votes to be presented to Executive, Corporate charters may be revoked or altered by, County offices shall be provided for, Disorderly conduct, Doors of each House to be oi)en, Each branch to keep journal, Election of members, contests, Of Representatives, Of Senators, Ex post f 3,cto law Expulsion of members , General powers, Governor may adjourn in certain cases, May convene on extraordinary occasions, May convene Senate in special session, Powers and duties of legislature in election of, To give information to , House of Representatives, adjournment without consent of Sen- ate, Part of, Speaker of, Term of members , To have sole power of impeachment Journals to be kept and published, When yea and nay vote must be recorded on, May declare what offices are incompatible Meeting of, IX IX II IX IX IX IV VI 17 g 13 12 9 1 17 21 14 i 23 23 23 21 16 18 12 24 26 3 13 16 15 12 2 5,7,9 17 13 12 12 12 12 2 11 17 1 11 2 1 15 15 8 10 169 INDEX. Art. Sec. Member, ineligible to certain offices, I 19 Of Congress ineligible to, I 19 Oath of office of members, VIII Officers, .■ I 11 Powers of ench branch, I 13 Privileges of members , I 18 Proceedings, Journal of, to be kept and published, I 1.5 May be criticised , IX 7 Prohibited from granting right of eminent domain without provision tor compensation , VII i Public officers ineligible to , I 19 Qualifications of members of House of Representatives I 3 Of Senators, I 8 Quorum, I 12 Representative districts , I 4 Rules of procedure, I 13 Schools, establishment by, VII 1 Senate, a part of, I 1 Action on executive nominations, II 8 Adjournment without consent of House, I 17 Classification of Senators, I 9 Districts, I 6,7 Number of members , I 6 Presiding officers , I II Speaker of, to act as Governor, when , II 14 Terms of members I 5 Senatorial districts, I 6,7 Sessions of, to be open, I 16 Speaker of the House, I 11 Of the Senate, I 11 Pro tempore of Senate, I 11 Speech or debate in, member not to be questioned for, I 18 State Treasurer to be elected by, VI 6 Terms of Representatives I 2 Of Senators I 5 Vacancy in , I 20 Vote, to be viva voCe, Ill 2 LIBEL, IX 7 LIBERTY, Civil and religious IX 1,9 Depriving accused of, IX 9 Right of enjoying and defending, IX 1 LIFE, Depriving accused of, IX 9 Not to be twice in jeopardy for same offense, IX 10 Right of enjoying and defending, IX 1 MEJIBBR of Congress, ineligible to legislature I 19 MEMBERS OF LEGISLATURE, See LEGISLATURE. MESSAGE OF GOVERNOR, II U MILITARY POWER, See also ARMY ELECTIONS; MILITIA; SOLDIERS; STANDING ARMY. Subordinate to civil power, IX 22 170 INDEX. MILITIA, Set also ARMY; MILITARY POWER; SOL- Art. Sec. DIERS; STANDING ARMY. General provisions relating to , VI 2 Governor to be commander of, II 7 MINISTRY, No man compelled to maintain IX 3 MODES, of worship, no preference given to, IX 3 MONEY, How payments may be made from State Treasury, I 22 NAVY, Governor to be commander-in-chief, II 7 NOBILITY, Titles of, prohibited, IX 24 NON COMPOTES MENTIS, care of person and estate of, .... V 6 OATH, of office, VIII OBLIGATION OF CONTRACTS, Laws impairing, forbidden, . IX 17 OFFICE, Oath of, VIII Removal from , VI 9 OFFICERS, See also ELECTIONS; LEGISLATURE; OF- FICE; OFFICES. County , election of, VI 3 Office to be kept in county town, VI 4 Vacancies, .' VI 3 Duelling by, VI 10 Election of, VI 8 Federal, ineligible to legislature , I 19 Not to be Governor , II 5 Not to hold State ofBce, VI 8 Incompatible offices, V 2 VI 8 Ineligible to legislature, I 19 Removal from office, IV 3 State Treasurer, election of, VI 6 When liable to removal from office, VI 9 OFFICES, Appointments to, beyond term of good behavior, for- bidden IX 24 Religious sentiments not to disqualify for holding IX 4 ORPHANS' COURT, See COURTS. OYER AND TERMINER, see also COURTS. Commission of, prohibited, IX 15 PARDONS, Governor may grant ; II 9 PEACE , Quartering soldiers , in times of, IX 23 PEERS, Judgment of, IX 9 PEOPLE, Free government founded on authority of, IX 2 Have right to alter, reform or abolish government, IX 2 Power inherent in, IX 2 PERPETUATION, of testimony, V 6 PETITION, Right of IX 20 PHILADELPHIA, senatorial representation, I 7 PLACE, of trust or profit, religious sentiments not to disqualify for holding , IX 4 Of worship, no man compelled to support or attend, IX .S PRESS, Printing, to be free, IX 7 171 INDEX. Art. PRINT, Citizens may, on any subject, IX PRINTING PRESS, to be free, IX PRISONERS, to be bailable, IX PRIVATE Corporations, See CORPORATIONS. PRIVILEGE, of electors from arrest Ill Of corporations, existing, not to be affected, VII Of members of Legislature, I Of religious societies, existing, not to be affected, VII PROCESS, how styled, V PROPERTY, See also EMINENT DOMAIN. Depriving accused of IX Right of acquiring, etc. , IX PROSECUTIONS, how carried on V Ending phrase in all , V Public trial guaranteed in , IX Regulation of, V PROTHONOTART, See also COUNTY. Supreme court, VI PUBLIC INVESTIGATIONS, May be published, IX PUBLIC SCHOOLS, See SCHOOLS. Provisions to be made for, VII PUNISHMENTS, not to be cruel, IX QUARTER SESSIONS COURTS, See COURTS QUORUM, in legislature, I Sec. 7 7 14 3 3 18 3 11 1 11 11 9 11 3 7 1 13 12 REAL ESTATE, See EIMINENT DOMAIN; PROPERTY. REBELLION, Habeas corpus may be suspended in case of, IX 14 RECORDER OF DEEDS, See also COUNTY. REGISTERS' OFFICE, For probate of wills, etc., to be kept, V 10 REGISTER OF WILLS, See also COUNTY. Part of Registers' court, V 7 REGISTERS' COURT, See COURTS. RELIGIOUS societies, rights, privileges, immunities and estates not to be a ff ected , VII 3 RELIGIOUS ESTABLISHMENTS, Preference not to be given to any, IX 3 RELIGIOUS SENTIMENTS, not to disqualify for holding of- fice, IX 4 REMEDY, for all injufles, IX 11 REMONSTRANCE, Right of, IX 20 REMOVAL FROM OFFICE, General provisions relating to, ..VI 9 REPRIEVE, Governor may grant, II g REPUTATION, Right of protecting, IX I RESOTjUTIONS, Concurrent, to he presented to Governor, I 24 REVENUE, bills to originate in House I 21 RIGHT, of assemblage and petition, IX 20 Of conscience not to be controlled or interfered with, IX 3 Of free speech , IX 7 Of self-defence , ^ IX 21 Of suffrage. See ELECTIONS. Of trial by jury , IX 6 172 INDEX. Art. To alter, reform or abolish government, IX To bear arms, IX To criticise legislature or government not to be restrained, .. IX To free communications of thoughts and opinions, IX To worship God, IX RIGHTS, Declaration of, IX Of corporation, existing, not to be affected by Constitution, VII Of religious societies, existing, not to be affected by Constitu- tion, VII Reserved and inviolate , IX SAFETY, of people, government instituted for, IX SCHOOLS, See also EDUCATION. Establishment of, legislature to provide for, VII Seminaries for promotion of arts and sciences, VII SCIENCES, promotion of VII SEARCHES, people to be secure from, IX SEARCH WARRANTS, limited, IX SECRETARY OF COMMONWEALTH, appointed by Governor, II Duties, II To keep record of oflScial acts of Governor, II SEIZURES, people to be secure from IX SELF-DEFENCE, right of, IX SEMINARIES, arts and sciences to be promoted in one or more, VII SENATE, See LEGISLATURE. SHERIFF, See COUNTY. SLANDER, TX SOLDIERS, See also ARMY; ELECTIONS; MILITARY POWER; MILITIA; STANDING ARMY. Quartering of, IX Voting by, Ill SPEECH, right of, free, IX STANDING ARMY, regulation of, IX STATE, Treasurer, See TREASURER. SUICIDE, estate of those committing, IX SUITS, against the Commonwealth, IX SUPREME COURT, See COURTS. SUSPENSION OF LAWS, IX TESTIMONY, See EVIDENCE. TITLE, of nobility, prohibited, IX TREASON, Attainder of IX TREASURER, State election of, VI Term to be prescribed by law, VI TRIAL, by jury, IX TROOPS, See also ARMY ; MILITARY POWER ; SOLDIERS ; STANDING ARMY. Quartering of, IX TWICE, in jeopardy, IX UNITED STATES , Officers of, ineligible to legislature, I Officers of, not to be Governor II Not to be .ludge, V Not to hold office in State VI 173 Sec. 2 21 7 7 .3 3 26 2 1 2 2 8 8 8 15 1.5 8 21 2 23 i 7 22 19 11 12 24 18 6 6 6 23 10 19 5 2 INDEX. Art. Sec. VACANCIES, Governor may fill, 11 8 VETO, of concurrent orders, resolntious or votes, procedure on, I 25 Of Governor , how exercised , I 2.3 VICINAGE, Jury of, IX 9 VIVA VOCE, Persons in representative capacity to vote, Ill 2 VOTERS, qualifications of, Ill 1 WAR, quartering soldiers, in times of IX 2:5 WARRANTS, search, limited IX 8 WILLS, office for probate of to be kept, V 10 WITNESSES, Compulsory process for, in criminal cases, IX 9 WORSHIP, Modes of, no preference to be given to, IX 3 No man compelled to attend or support place of, IX 3 Of God, free, IX 3 YEAS AND NAYS, I 15 174 CONSTITUTION OF THE Commonwealth of Pennsylvania 1790, / (175) (176) Serious _defects in the Constitution of 1776 were soon recognized, and on September 15, 1789, an act was passed calling for a convention to revise the Constitution. A convention was called and met Novem- ber 24, 1789, and continued in session until February 26, 1790, and then adjourned that the people might examine their work. The con- vention reassembled August 9, 1790, and on September 2, 1790, form- ally proclaimed the new Constitution. ( 177) (178) 1790, Article I. CONSTITUTION OF PENNSYLVANIA, 1790. We, the people of the Commonwealth of Pennsylvania, ordain and establish this constitution for its government. ARTICLE I. Sec. 1. The legislative power of this commonwealth shall be vested in a general assembly, which shall consist of a senate and house of representatives. Corresponding provisions of prior and subsequent Constitutions: Constitution of :776, Sec. 2. Constitution of 1838, Art. I, Sec. 1. (Verbatim.) Constitution of 1873, Art. II, Sec. 1. (Verbatim.) Sec. 2. The representatives shall be chosen, annually, by the citi- zens of the city of Philadelphia, and of each county respectively, on the second Tuesday of October. Corresponding provisions of prior and subsequent Constitutions: Constitution of 17J6, Sec. 9. Constitution of 1838, Art. I, Sec. 2. (Verbatim.) Constitution of 1873, Art. II, Sees. 2, 3. Sec. 3. No person shall be a representative, who shall not have at- tained the age of twenty-one years, and have been a citizen and inhabi- tant of the State three years next preceding his election, and the last year thereof an inhabitant of the city or county in which he shall be chosen; unless he shall have been absent on the public- business of the United States, or of this State. No person, residing within any city, town, or borough, which shall be entitled to a separate represen- tation, shall be elected a member for any county; nor shall any per- son residing without the limits of any such city, town, or borough, be elected a member therefor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sees. 7, ,8. Constitution of 1838, Art. I, Sec. 3. Constitution of 1873, Art. II, Sec. 5. Sec. 4. Within three years after the first meeting of the general assembly, and within every subsequent term of seven years, an enu- meration of the taxable inhabitants shall be made, in such manner as 179 1790, Article I. shall be directed by law. The number or representatives shall, at the several periods of making such enumeration, be fixed by the legis- lature, and apportioned among the city of Philadelphia and the sev- eral counties, according to the number of taxable inhabitants in each ; and shall never be less than sixty, nor greater than one hundred. Each county shall have, at least, one representative; but no county, hereafter erected, shall be entitled to a separate representation, until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to one representative, agreeably to the ratio which shall then be established. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 17. Constitution of 18.38, Art. I, Sec. i. Constitution of 1873, Art. II, Sees. 17, 18. Sec. 5. The senators shall be chosen for four years by the citi- zens of Philadelphia, and of the several counties, at the same time, in the same manner, and at the same places where they shall vote for representatives. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, Sec. 5. Constitution of 1873, Art. II, Sees. 2, 3. Sec. 6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legisla- ture, and apportioned among tire districts, formed as hereinafter di- rected, according to the number of taxable inhabitants in each; and shall never be less than one-fourth, nor greater than one-third, of the number of representatives. Corresponding provisions of subsequent Constitutions: Constitutiou of 1838, Art. I, Sec. 6. (Verbatim.) Constitution of 1873, Art. II, Sees. 16, 18. Sec. 7. The senators shall be chosen in districts, to be formed by the legislature, each district containing such a number of tax- able inhabitants as shall be entitled to elect not more than four sena- tors. When a district shall be composed of two or more counties, they shall be adjoining. Neither the city of Philadelphia nor any county shall be divided in forming a district. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, Sec. 7. Constitution of 1873, Art. II, Sees. 16, IS ISO 1790, Article I. Sec. 8. No person shall be a senator, who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the State four years before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States, or of this State. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, Sec. S. Constitution of 1873, Art. II, Sec. 5. Sec. 9. Immediately after the senators shall be assembled, in con- sequence of the fiist election, subsequent to the first enumeration, they shall be divided, by lot, as equally as may be, into four classes. The seats of the senators of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, of the third class at the expiration of the third year, and of the fourth class at the expiiation of the fourth year; so that one-fourth may be chosen every year. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, Sec. 9. Sec. 10. The general assembly shall meet on the first Tuesday of December in every year, unless sooner convened by the governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 9. Constitution of 1838, Art. I, Sec. 10. Constitution of 1873, Art. II, Sec. i. Sec. 11. Each house shall choose its speaker and other officers; and the senate shall also choose a speaker pro tempore, when the speaker shall exercise the ofl&ce of governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 9. Constitution of 1838, Art. I, Sec. 11. (Verbatim.) Constitution of 1873, Art. II, Sec. 9. Sec. 12. Each house shall judge of the qualifications of its mem- bers. Contested elections shall be determined by a committee, to be selected, formed, and regulated in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do busi- ness ; but a smaller number may adjourn from day to day, and may be 12 181 1790, Article I. authorized, by law, to compel the attendance of absent members, In such manner, and under such penalties, as may be provided. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sees. 9, 10. Constitution of 1838, Art. I, See. 12. (Verbatim. ) Constitution of 1873, Art. II, Sees. P, 10. Sec. 13. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free State. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 9. Constitution of 1838, Art. I, Sec. 13. (Verbatim.) Constitution of 1873, Art. II, Sec. 11. Sec. 14. Each house shall keep a journal of its proceedings, and publish them weekly, except such parts as may require secrecy: And the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journal. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 14. Constitution of 1838, Art. I, Sec. 15. (Verbatim.) Constitution of 1873, Art. II, Sec. 12. Sec. 15. The doors of each house, and of committees of the whole, shall be open unless when the business shall be such as ought to be kept secret. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, See. 13. Constitution of 1838, Art. I, Sec. 16. (Verbatim.) Constitution of 1873, Art. II, Sec. 13. Sec. 16. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, Sec. 17. (Verbatim.) Constitution of 1873, Art. II, Sec. 14. (Verbatim.) Sec. 17. The senators and representatives shall receive a compen- sation for their services, to be ascertained by law, and paid out of the treasury of the commonwealth. They shall, in all cases^ except 182 1790, Article I, treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at the session of the respective houses, and in going to and returning from the same: And for any speech or debate in either house they shall not be questioned in any other place. Corx'esponding provisions of prior and subsequent Constitutions; Constitution of 1776, Sec. 17. Constitution of 1838, Art. I, Sec. 18. (Verbatim.) Constitution of 1873, Art. II, Sees. 8, 15. Sec. 18. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this commonwealth, which shall have been created, or the emolu- ments of which shall have been increased, during such time; and no member of Congress, or other person holding any office (except of at- torney at law and in the militia) under the United States, or this commonwealth, shall be a member of either house during his continu- ance in Congress, or in office. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 7. Constitution of 1838, Art. I, Sec. 19 (Verbatim.) Constitution of 1873, Art. II, Sec. 6. Sec. 19. When vacancies happen in either house, the speaker shall issue writs of election to fill such vacancies. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, Sec. 20, (Verbatim.) Constitution of 1873, Art. II, Sec. 2. Sec. 20. All bills for raising revenue shall originate in the house of representatives; but the senate may propose amendments, as in other bills. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, Sec. 2! (Verbatim.) Constitution of 1873, Art. Ill, Sec. 14 (Verbatim.) Sec. 21. No money shall be drawn from the treasury, but in conse- quence of appropriations made by law. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, See. 22. (Verbatim.) Constitution of 1873, Art. Ill, Sec. 16. 183 1790, Article iX Sec. 22. Every bill, wtkh sha.il have passed bc^th houses, lAall be presented to the governor. If Si# stpji^we, he shall .sign it ; but if he ghail Bot approve, he shall return it', ^i^th iiis^ ®bjections> to the laause its wtkh it 8hall have originated, who ^11 eata? tiie objections at large upofl ikeiv Journals, and proceed to reco'tteider irt. If after sudk reconsideration two-thirds of that house shall agrte- to pass the bill,, it shall be sent, with the objections, to the other house'^ fty whicb like- wise it shall be reconsiderei ; and if approved by two-t&inds of thai!' house, it shall be a law. But iM smeh cases the votes of boffl) houses shall be determined by yeas and Hayg> stmM the names of the juecsons voting for or against the bill shall be eatea-ed. on the journals of ®aicSa house respectively. If any bill shall not be Jeturned by the govenuon" within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return; in which case it shall be a law, unless sent back within t&ree diays after their next meeting. Corresponding provisions of subsequent Constitutions; Constitution of 1838, Art. I, Sec. 2S (Verbatim.) Constitution of 1873, Art. IV, See. 15. Sec. 23. Every order, resolution, or vote to which the concurrence of both houses may be necessary (except on a question of adjourn- ment) shall be presented to the governor", aud', before it shall take effect, be approved by him, or, being disapprofved, shall be repassed by two-thirds of both houses, according to the roles and limitations prescribed in case of a bill. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. I, Sec. 24. (Verbatim.) Constitution of 1873, Art. Ill, Sec. 26. (Verbatim.) i ARTICLE II. Sec. 1. The supreme executive power of this commonwealth shall be vested in a governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 3. Constitution of 1838, Art. TI, Sec. I. (Verbatim.) Constitution of 1873, Art. IV, Sec. 2. 184 1790, Artfcl'e IT. Sec. 2. The giuvernor shall be chosen on the second Tuesday of October, by the citizens of the commonwealth, at the places where they shall respectively vote for representatives. The returns of every election for governor shall be sealed up, and transmitted to the seat of government, directed to the speaker of the senate, who shall open and publish them in the presence of the members of both houses of the legislature. The person having the highest number of votes shall be governor. But if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of the mem- bers of both houses. Contested elections shall be determined by a committee, to be selected from both houses of the legislature, and formed and regulated in such manner as shall be directed by law. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sec. 2 (Verbatim.) Constitution of 1873, Art. IV, Sees. 2, 17. Sec. 3. The governor shall hold his office during three years from the third Tuesday of December next ensuing his election, and shall not be capable of holding it longer than nine in any term of twelve years. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sec. 3. Constitution of 1873, Art. IV, Sec. 3. Sec. 4. He shall be, at least, thirty years of age, and have been a citizen and inhabitant of this State seven years next before his elec- tion; unless he shall have been absent on the public business of the United States, or of this State. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sec. 4. (Verbatim.) Constitution of 1873, Art. IV, See. 5 Sec. 5. No member of Congress, or person holding any office under the United States, or this State, shall exercise the office of governor. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sec. 5. (Verbatim.) Constitution of 1873, Art. IV, Sec. 6. Sec. 6. The governor shall, at stated times, receive for his ser- vices a compensation, which shall be neither increased nor diminished during the period for which he shall have been elected. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sec. 6. (Verb.itim.) 185 1790, Article It Sec. 7. He shall be commander-in-cliief of the army and navy of this commonwealth, and of the militia; except when they shall be called into the actual service of the United States. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 20. Constitution of 1S38, Art. II, Sec. 7. (Verbatim.) Constitution of 1873, Art. IV, Sec. 7 Sec. 8. He shall appoint all officers, whose offices are established by this constitution, or shall be established by law, and whose ap- pointments are not herein otherwise provided for ; but no person shall be appointed to an office within any county who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected ; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No member of Congress from this State, nor any XJerson holding or exercising any office of trust or profit under the United States, shall, at the same time, hold or ex- ercise the office of judge, secretary, treasurer, prothonotary, register of wills, recorder of deeds, sheriff, or any office in this State to which a salary is by law annexed, or any other office which future legisla- tures shall declare incompatible with offices or appointments under the United States. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. VI, Sec. S. Constitution of 1873, Art. XII, Sec. 2 Sec. 9. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment. Corresponding provisions of prior .and subsequent Constitutions: Constitution of 1776, Sec. 20. Constitution of 1838, Art. II, Sec. 9 (Verbatim.) Constitution of 1873, Art. IV, Sec. 9 Sec. 10. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sec. 10 (Verbatim.) Constitution of 1873, Art. IV, Sec. 10. 186 1790, Article II. Sec. 11. He shall, from time to time, give to the general assembly information of the state of the commonwealth, and recommend to their consideration such measures as he shall judge expedient. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sec. 11. (Verbatim.) Constitution of 1873, Art. IV, Sec. 11 Sec. 12. He may, on extraordinary occasions, convene the general assembly; and in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 20. Constitution of 1838, Art. II, Sec. 12. (Verbatim.) Constitution of 1873, Art. IV, Sec. 12. Sec. 13. He shall take care that the laws be faithfully executed. Corresponding provisions of prior and subsequent Constitution.s: Constitution of 1776, Sec. 20. Constitution of 1838, Art. I, Sec. 13. (Verbatim.) Constitution of 1873, Art. IV, Sec. 2. Sec. 14. In case of the death or resignation of the governor, or of his removal from ofBce, the speaker of the senate shall exercise the office of governor until another governor shall be duly qualified. And if the trial of a contested election shall continue longer than until the third Tuesday in December next ensuing the election of a governor, the governor of the last year, or the speaker of the senate who may be in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a governor shall be qualified as aforesaid. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sec. 14. Constitution of 1873, Art. IV, Sec. ir, Sec. 15. A secretary shall be appointed and commissioned during the governor's continuance in office, if he shall so long behave himself well. He shall keep a fair register of all the official acts and pro- ceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the legislature, and shall perform such other duties as shall be enjoined him by law. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. II, Sees. 8, 15. Constitution of 1873, Art. IV, Sees. 8, 18. 187 1790, Article III, IV. ARTICLE III. Sec. 1. In elections by the citizens, every freeman of the age of twenty-one years, having resided in the State two years next before the election, and Avithin that time paid a State or county tax, which shall have been assessed at least six months before the election, shall enjoy the rights of an elector: Provided, That the sons of persons qualified as aforesaid, between the ages of twenty-one and twenty- two years, shall be entitled to vote, although they shall not have paid taxes. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 6. Constitution of 1838, Art. Ill, Sec. 1. Constitution of 1873, Art. VIII, Sec. 1. Sec. 2. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 32. Constitution of 1838, Art. Ill, Sec. 2. (Verbatim.) Constitution of 1873, Art. VIII, Sees. 4, 12. Sec. 3. Electors shall, in all cases except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from them. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. Ill, Sec. 3. (Verbatim.) Constitution of 1873, Art. VIII, Sec 5. ARTICLE IV. Sec. 1. The house of representatives shall have the sole power of impeaching. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 22. Constitution of 1838, Art. IV, Sec. 1. (Verbatim.) Constitution of 1873, Art. VI, Sec. 1. Sec. 2. All impeachments shall be tried by the senate. When sit- ting for that purpose, the senators shall be upon oath or af&rmation. 188 1790, Article V. No person shaP be convicted without the concurrence of two-thirds of the members present. Oorresponding provisions of prior and subsenuent Constitutions: Constitution of 1776, Sec. 22. Constitution of 1838, Art. IV, Sec. 2. (Verbatim.) Constitution of 1873, Art. VI, Sec. 2. (Verbatim.) Sec. 3. The governor, and all other civil officers under this com- monwealth, 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. The party, whether con- victed or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment according to law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 22. Constitution of 1838, Art. IV, Seo. 3. (Verbatim.) Constitution of 1873, Art. VI, Sec. 3. AETICLE V. Sec. 1. The judicial power of this commonwealth shall be vested in a supreme court, in courts of oyer and terminer and general jail delivery, in a court of common pleas, orphans' court, register's court, and a court of quarter sessions of the peace for each county, in jus- tices of the peace, and in such other courts as the legislature may, from time to time, establish. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 26. Constitution of 1838, Art. V, Sec. 1. (Verbatim.) Constitution of 1873, Art. V, Sec. 1. Sec. 2. The judges of the supreme court, and of the several courts of common pleas, shall hold their offices during good behavior. But for any reasonable cause, which shall not be sufficient ground of im- peachment, the governor may remove any of them, on the address of two-thirds of each branch of the legislature. The judges of the su- preme court and the presidents of the several courts of common pleas shall, at stated times, receive for their services an adequate com- pensation, to be fixed by law, which shall not be diminished during 189 1790, Article V. their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 23. Constitution of 1838, Art. V, Sec. 2. Constitution of 1873, Art. V, Sees, 2, l.'i, IS. Sec. 3. The jurisdiction of the supreme court shall extend over the State, and the judges thereof shall, by virtue of their offices, be justices of oyer and terminer and general jail delivery in the several counties. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. V, Sec. 4. (Verbatim.) Constitution of 1873, Art. V, Sec. 3. Sec. 4. Until it shall be otherwise directed by law, the several courts of common pleas shall be established in the following manner: The governor shall appoint, in each county, not fewer than three nor more than four judges, who, during their continuance in office, shall reside in such county. The State shall be divided by law into cir- cuits, none of which shall include more than six nor fewer than three counties. A president shall be appointed of the courts in each cir- cuit, who, during his continuance in office, shall reside therein. The president and judges, any two of whom shall be a quorum, shall com- pose the respective courts of common pleas. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 20. Constitution of 1838, Art. V, Sees. 2, 3. Constitution of 1873, Art. T, Sees. 4, 15, 19. Sec. 5. The judges of the court of common pleas in each county shall, by virtue of their offices, be justices of oyer and terminer and general jail delivery, for the trial of capital and other offenders therein; any two of the said judges, the president being one, shall be a quorum; but they shall not hold a court of oyer and terminer or jail delivery in any county when the judges of the supreme court, or any of them, shall be sitting in the same county. The party ac- cused, as well as the commonwealth, may, under such regulations as shall be prescribed by law, remove the indictment and proceedings, or a transcript thereof, into the supreme court. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. V, Sec. 5. (Verbatim.) Constitution of 1873, Art. V, Sees. 9, 24. 190 1790, Article V. Sec. 6. The supreme court and the several courts of common pleas shall, beside the powers heretofore usually exercised by them, have the power of a court of chancery, so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the State, and the care of the persons and estates of those who are non compotes mentis. And the legislature shall vest in the said courts such other powers to grant relief in equity as shall be found neces- sary; and may, from time to time, enlarge or diminish those powers, or vest them in such other courts as they shall judge proper for the due administration of justice. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 24. Constitution of 1838, Art. V, Sec. 6. (Verbatim.) Constitution of 1873, Art. V, Sec. 20. Sec. 7. The judges of the court of common pleas of each county, any two of whom shall be a quorum, shall compose the court of quarter sessions of the peace and orphans' court thereof; and the register of wills, together with the said judges, or any two of them, shall compose the register's court of each county. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. V, Sec. 7. (Verbatim.) Constitution of 1873, Art. V, Sec. 9, 22. Sec. 8. The judges of the courts of common pleas shall, within their respective counties, have the like powers with the judges of the supreme court to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done. Corresponding provisions of subsequent Constitution."?: Constitution of 1838, Art. V, Sec. 8. (Verbatim.) Constitution of 1873, Art. V, Sec. 10. Sec. 9. The president of the courts in each circuit within such circuit, and the judges of the court of common pleas within their re- spective counties, shall be justices of the peace, so far as relates to criminal matters. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. V, Sec 9. (Verbatim,) Constitution of 1873, Art. V, Sec. 9. Sec. 10. The governor shall appoint a competent number of jus- tices of the peace, in such convenient districts, in each county, as are or shall be directed by law ; they shall be commissioned during good 191 1790, Article VI. behavior, but may be removed on conviction of misbeliavior in office, or of any infamous crime, or on the address of both houses of the legis- lature. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 30. Constitution of 1838, Art. VI, Sec. 7. Constitution of 1873, Art. V, Sec. 11. Sec. 11. A register's office for the probate of wills and granting let- ters of .administration, and an office for the recording of deeds, shall be kept in each county. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. V, Sec 10. (Verbatim.) Constitution of 1873, Art. XIV, Sec. i. Sec. 12. The style of all process shall be, "The commonwealth of Pennsylvania;" all prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude, "against the peace and dignity of the same." Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 27. Constitution of 1838, Art. V, Sec. 11 (Verbatim.) Constitution of 1873, Art. V, Sec. 23. (Verbatim.) ARTICLE VI. Sec. 1. Sheriffs and coroners shall, at the times and places of elec- tion of representatives, be chosen by the citizens of each county; two persons shall be chosen for each office, one of whom, for each respec- tively, shall be appointed by the governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified ; but no person shall be twice chosen or appointed sheriff in any term of six years. Vacancies in either of the said offices shall be filled by a new appointment, to be made by the governor, to continue until the next general election, and until a suc- cessor shall be chosen and qualified as aforesaid. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 31. Constitution of 1838, Art. VI, Sec 1. Constitution of 1873, Art. XIV, Sec. 2. 192 1790, Article VI. Sec. 2. The freemen of this commonwealth shall be armed and dis- ciplined for its defence. Those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. The militia offices shall be appointed in such manner and for such time as shall be directed by law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 5. Constitution of 1838, Art. VI, Sec. 2. Constitution of 1873, Art. XI, Sec. 1 Sec. 3. Prothonotaries, clerks of the peace and orphans' courts, recorders of deeds, register of wills, and sheriffs shall keep their offices in the county-town of the county in which they respectively shall be officers, unless when the governor shall, for special reasons, dispense therewith for any term, not exceeding five years, after the county shall have been erected. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 34. Constitution of 1838, Art. VI, Sec. 4. (Verbatim.) Constitution of 1873, Art. XIV, See. 4. Sec. 4. All commissions shall be in the name and by the authority of the commonwealth of Pennsylvania, and be sealed with the State seal, and signed by the governor. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 21. Constitution of 1838, Art. VI, Sec. 5. (Verbatim.) Constitution of 1873, Art. IV, Sec. 22. Sec. 5. The State treasurer shall be appointed, annually, by the joint vote of the members of both houses. All other officers in the treasury department, attorneys at law, election officers, officers re- lating to taxes, to the poor and highways, constables, and other town- ship officers, shall be appointed in such manner as is or shall be di- rected by law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 9. Constitution of 1838, Art. VI, Sec. 6. Constitution of 1873, Art. IV, Sec. 21. 1790, Article VII. ARTICLE VII. Sec. 1. The legislature shaU, as soon as conveniently may be, pro- vide, by law, for the establishment of schools throughout the State, in such manner that the poor may be taught gratis. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 44. Constitution of 1838, Art. VII, Sec. 1. (Verbatim.) Constitution of 1873, Art. X, Sec. 1. Sec. 2. The arts and sciences shall be promoted in one or more seminaries of learning. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. VII, Sec. 2. (Verbatim.) Sec. 3. The rights, privileges, immunities, and estates of reli- gious societies and corporate bodies shall remain as if the constitu- tion of this State had not been altered or amended. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. VII, Sec. 3. (Verbatim.) ARTICLE VIII. Members of the general assembly, and all officers, executive and judicial, shall be bound, by oath or affirmation, to support the consti- tution of this commonwealth, and to perform the duties of their re- spective offices with fidelity. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sees. 10, 40. Constitution of 1838, Art. VIII. (Verbatim.) Constitution of 1873, Art. VII. See 1. 194 1790, Article IX. ARTICLE IX. That the general, great, and essential principles of liberty and free government may be recognized and unalterably established, we de- clare — Sec. 1. That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. 1. Constitution of 1838, Art. IX, Sec. 1. (Verbatim.) Constitution of 1873, Art. I, See. 1, (Verbatim.) Sec. 2. That all power is inherent in the people, and all free gov- ernments are founded on their authority and instituted for their peace, safety, and happiness. For the advancement of those ends, they have at all times an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. V. Constitution of 1838, Art. IX, Sec. 2. (Verbatim.) Constitution of 1873, Art. I, Sec. 2. Sec. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con- sciences; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent ; that no human authority can, in any case whatever, con- trol or interfere with the rights of conscience; and that no prefer- ence shall ever be given, by law, to any religious establishments or modes of worship. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. II. Constitution of 1838, Art. IX, Sec. 3, (Verbatim.) Constitution of 1873, Art. I, Sec. 3. (Verbatim.) Sec. 4. That no person, who acknowledges the being of a God and a future state of rewards and punishments, shall, on account of 195 1790, Article IX. Ms religious sentimeuts, be disqualified to hold any office or place of trust or profit under this commonwealth. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. II. Constitution of 1838, Art. IX, Sec. 4- (Verbatim.) Constitution of 1873, Art. I, Sec. 4. (Verbatim.) Sec. 5. That elections shall be free and equal. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Eights, CI. VII. Constitution of 1838, Art. IX, Sec. 5. (Verbatim.) Constitution of 1873, Art. I, Sec. £. Sec. 6. That trial by jury shall be as heretofore, and the right thereof remain inviolate. Corresponding provisions of prior and subsequent Constitutions: Constitutioii of 1776, Dec. of Bights, CI. XI. Sec. 25 Constitution of 1838, Art. IX, Sec. 6. (Verbatim.) Constitution of 1873, Art. I, Sec. 6. (Verbatim.) Sec. 7. That the printing-presses shall be free to every person v?ho undertakes to examine the proceedings of the legislature, or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. In prosecutions for the publication of papers investi- gating the oiflcial conduct of officers or men in a public capacity, or where the matter is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury shall have a right to determine the law and the facts, under the di- rection of the court, as in other cases. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Eights, CI. XII. Sec. 35. Constitution of 1838, Art. IX, Sec. 7. (Verbatim.) Constitution of 1873, Art. I, Sec. 7. Sec. 8. That the people shall be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures; and that no warrant to search any place, or to seize any person or things shall issue, without describing them as nearly as may be, nor without probable eause, supported by oath or affirmation. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Eights, CI. X. Constitution of 1838, Art. IX, Sec. 8. (Verbatim.) Constitution of 1873, Art. I, Sec. 8. 196 1790, Article IX. Sec. 9. That in all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor, and, in prosecutions by indictment or information, a speedy public trial, by an impartial jury of the vicinage; that he cannot be com- pelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers or the law of the land. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. IX. Constitution of 1838, Art. IX, See. 9 (Verbatim.) Constitution of 1873, Art. I, Sec. 9. (Verbatim.) I Sec. 10. That no person shall, for any indictable offence, be pro- ceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, or, by leave of the court, for oppres- sion and misdemeanor in office. No person shall, for the same offence, be twice put in jeopardy of life or limb ; nor shall any man's property be taken or applied to public use without the consent of his representatives, -and without just compensation being made. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Deo. of Rights, CI. VIII. Constitution of 1838, Art. IX, Sec. 10 (Verbatim.) Constitution of 1873, Art. I, Sec. 10. Sec. 11. That all courts shall be open, and every man, for an in- jury done him in his lands, goods, persons, or reputation, shall have remedy by the due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the com- monwealth in such manner, in such courts, and in such cases as the legislature may by law direct. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. 11 (Verbatim.) Constitution of 1873, Art. I, Sec. 11. (Verbatim.) Sec. 12. That no power of suspending laws shall be exercised, un- less by the legislature or its authority. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. 12. (Verbatim.) Constitution of 1873, Art. I, Sec. 12 197 13 1790, Article IX. Sec. 13. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. Corresponding provisions of prior and subseo,uent Constitutions: Constitution of 1776, Sec. 29. Constitutio.a of 1838, Art. IX, Sec. 13. (Verbatim.) Constitution of 1873, Art. I, Sec. 13 (Verbatim.) Sec. 14. That all prisoners shall bp bailable by sufficient sureties, unless for capital offences, when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 28. Constitution of 1838, Art. IX, Sec. 14 (Verbatim.) Constitution of 1873, Art. I, Sec. M (Verbatim.) Sec. 15. That no commission of oyer and terminer or jail-delivery shall be issued. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. 15. (Verbatim.) Constitution of 1873, Art. I, Sec. 15. (Verbatim.) Sec. 16. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after deliver- ing up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Sec. 28. Constitution of 1838, Art. IX, Sec. 16 (Verbatim.) Constitution of 1873, Art. I, Sec. 16. (Verbatim.) Sec. 17. That no ex-post facto law, nor any law impairing con- tracts, shall be made. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. 17 (Verbatim.) Constitution of 1873, Art. I, Sec. 17. Sec. 18. That no person shall be attained of treason or felony by the legislature. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. 18. (Verbatim.) Constitution of 1873, Art. I, Sec. IS (Verbatim.) 198 1790, Article IX. Sec. 19. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth ; that the estates of such persons as shall destroy their own lives shall descend or vest as in case of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. IS, (Verbatim.) Constitution of 1873, Art. I, Sec. 19. (Verbatim.) Sec. 20. That the citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those in- vested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Eights, CI. XVI. Constitution of 1838, Art. IX, Sec. 20. (Verbatim.) Constitution of 1873, Art. I, Sec. 20 (Verbatim.) Sec. 21. That the right of citizens to bear arms, in defence of themselves and the State, shall not be questioned. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Eights, CI. XIII. Constitution of 1838, Art. IX, Sec. 23. (Verbatim.) Constitution of 1873, Art. I, Sec. 21. (Verbatim.) Sec. 22. That no standing army shall, in time of peace, be kept up without the consent of the legislature; and the military shall in all cases and at all times be in strict subordination to the civil power. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Eights, CI. XIII. Constitution of 1838, Art. IX, Sec. 22. (Verbatim.) Constitution of 1873, Art. I, Sec. 22. (Verbatim.) Sec. 23. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. 23. (Verbatim.) Constitution of 1873, Art. I, Sec. 23. (Verbatim.) 199 1790, Schedule. Sec. 24. That the legislature shall not grant any title of nobility or hereditary distinction, nor create any office the appointment of which shall be for a longer term than during good behavior. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. 24 (Verbatim.) Constitution of 1873, Art. I, Sec. 24. Sec. 25. That emigration from the State shall not be prohibited. Corresponding provisions of prior and subsequent Constitutions: Constitution of 1776, Dec. of Rights, CI. XV. Constitution of 1838, Art. IX, Sec. 25. (Verbatim.) Constitution of 1873, Art. T, See. 25. (Verbatim.) Sec. 26. To guard against transgressions of the high powers which we have delegated, we declare, that everything in this article is ex- cepted out of the general powers of government, and shall forever re- main inviolate. Corresponding provisions of subsequent Constitutions: Constitution of 1838, Art. IX, Sec. 26 (Verbatim.) Constitution of 1873, Art. I, Sec. 2f (Verbatim.) SCHEDULE. That no inconvenience may arise from the alterations and amend- ments in the constitution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained : Sec. 1. That all laws of this commonwealth, in force at the time of making the said alterations and amendments in the said constitu- tion, and not inconsistent therewith, and all rights, actions, prosecu- tions, claims, and contracts, as well of individuals as of bodies-cor- porate, shall continue as if the said alterations and amendments had not been made. Sec. 2. That the president and supreme executive council shall continue to exercise the executive authority of this commonwealth, as heretofore, until the third Tuesday of December next; but no inter- mediate vacancies in the council shall be supplied by new elections. Sec. 3. That all officers in the appointment of the executive depart- ment shall continue in the exercise of the duties of their respective offices until the first day of September, one thousand seven hundred and ninety-one, unless their commissions shall sooner expire by their 200 1790, Schedule. own limitations, or the said offices become vacant by death or resigna- tion, and no longer, unless reappointed and commissioned by the gov- ernor; except that the judges of the supreme court shall hold their offices for the terms in their commissions respectively expressed. Sec. 4. That justice shall be administered in the several counties of the State, until the period aforesaid, by the same justices, in the same courts, and in the same manner as heretofore. Sec. 5. That no person now in commission as sheriff shall be eligi- ble at the next election for a longer term than will, with the time which he shall have served in the said office, complete the term of three years. Sec. 6. That, until the first enumeration shall be made, as di- rected in the fourth section of the first article of the constitution es- tablished by this convention, the city of Philadelphia and the several counties shall be respectively entitled to elect the same number of representatives as is now prescribed by law. Sec. 7. That the first senate shall consist of eighteen members, to be chosen in districts formed as follows, to-wit : The city of Phila- delphia and the counties of Philadelphia and Delaware shall be a dis- trict, and elect three senators; the county of Chester shall be a dis- trict, and shall elect one senator; the county of Bucks shall be a district, and shall elect one senator ; the county of Montgomery shall be a district, and shall elect one senator ; the county of Northampton shall be a district, and shall elect one senator; the counties of Lan- caster and York shall be a district, and shall elect three senators ; the counties of Berks and Dauphin shall be a district, and shall elect two senators ; the counties of Cumberland and Mifflin shall be a district, and shall elect one senator; the counties of Northumberland, Luzerne, and Huntingdon shall be a district, and shall elect one senator; the counties of Bedford and Franklin shall be a district, and shall elect one senator; the counties of Westmoreland and Allegheny shall be a district, afld shall elect one senator; and the counties of Washington and Fayette shall be district, and shall elect two senators, which senators shall serve until the first enumeration before mentioned shall be made, and the representation in both houses of the legislature shall be established by law, and chosen as in the constitution is di- rected. Any vacancies which shall happen in the senate, within the said time, shall be supplied as prescribed in the nineteenth section of the first article. Sec. 8. That the elections of senators shall be conducted, and the returns thereof made to the senate, in the same manner as is pre- scribed by the election-laws of the State for conducting and making return of the election of representatives. In those districts which consist of more than one county, the judges of the district elections 9,ni 1790, Schedule. within each county, after having formed a return of the whole election within that county, in such manner as is directed by law, shall send the same, by one or more of their number, to the place hereinafter mentioned within the district, of which such county is a part, where the judges so met shall compare and cast up the several county re- turns, and execute, under their hands and seals, one general and true return for the whole district; that is to say, the judges of the dis- trict composed of the city of Philadelphia, and the counties of Phila- delphia and Delaware, shall meet in the State-house in the city of Philadelphia; the judges of the district composed of the counties of Lancaster and York shall meet at the court-house in the county of Lancaster; and the judges of the district composed of the counties of Berks and Dauphin shall meet at Middletown, in the county of Berks ; the judges of the district composed of the counties of Cumberland and MifSin shall meet in Greenwood township, county of Cumberland, at the house now occupied by David Miller ; the judges of the district composed of the counties of Northumberland, Luzerne, and Hunting- don shall meet in the town of Sunbury ; the judges of the district com- posed of the counties of Bedford and Franklin shall meet at the house now occupied by John Dickey, in Air township, Bedford County; the judges of the district composed of the counties of Westmoreland and Allegheny shall meet- in Westmoreland County, at the court house in the town of Greensborough ; and the judges of the district composed of the counties of Washington and Fayette shall meet at the court- house in the town of Washington, in Washington County, on the third Tuesday in October, respectively, for the purposes aforesaid. Sec. 9. That the election of the governor shall be conducted in the several counties in the manner prescribed by the laws of the State for the election of representatives; and the returns in each county shall be sealed by the judges of the elections, and transmitted to the presi- dent of the supreme executive council, directed to the speaker of the senate, as soon after the election as may be. Done in convention, the second day of September, in the year of our Lord one thousand seven hundred and ninety, and of the Inde- pendence of the United States of America the fifteenth. In testimony whereof we have hereunto subscribed our names. THOMAS MIFFLIN, President. JOSEPH EEDMAN, Secretary. J. SHALLUS, Assistant Secretary. 202 INDEX CONSTITUTION OF 1790. (203) ( 204 ) INDEX Art. ACCUSED, Rights of, IX ADDRESS, Right of, IX ADJOURNMENT, Governor may adjourn general assembly, .. II Of House and Senate, I Question of, not submitted to Governor, I ADMINISTRATION OF JUSTICE, to be free IX ALTERATION, of government, a right of people, IX APPOINTMENTS, to office longer than during good behavior, forbidden IX APPORTIONMENT, of representatives I Of Senators I APPROPRIATIONS , of money from treasury I APPROPRIATION, of private property, IX ARMS, Right to bear IX ARMY, See also MILITARY POWER ; MILITIA ; SOLDIERS. Governor, commander-in-chief of, II Standing, in time of peace IX ARREST, See ELECTIONS; LEGISLATURE. ARTS, to be promoted VII ASSEMBLAGES, Peaceable, of citizens allowed IX ASSEMBLY, general. See GENERAL ASSEMBLY; I^EGIS- LATURE. ATTAINDER, Effect of, limited, IX Of treason or felony, IX ATTORNEY, accused has right to be heard by, IX ATTORNEYS-AT-LAW, Appointment of, VI BAIL, Except in capital cases, to be taken, IX Not to be excessive, IX BALLOTS. See also ELECTIONS . To be used at elections, Ill BILLS, Procedure, when vetoed I Presentation to Governor I Retained by Governor to become laws, I Revenue, where to originate, I Revenue, Senate may propose amendments to, I BOARDS, election. See ELECTIONS. BREACH OF PEACE, Electors not privileged from arrest for. III Members of legislature guilty of, not privileged from arrest, I Sec. 9,10 20 12 16 23 11 24 4 6,7 21 10 21 7 22 20 19 IH 9 •5 14 13 2 22 22 22 20 20 3 17 CAPITAL OFFENCES, Not bailable, IX 14 CASUALTY, Death from, not to cause forfeiture, IX 19 CENSUS, when to be made, I 4 CERTIORARI, by whom issued, V 7 CIVIL, Power, military subordinate to, IX 22 (205) INDEX, CHANCERY, See COURTS. Art. Sec. CIVIL PROCEDURE, Style of, V 12 CLERK OF COURT, Office in county-town VI 2 CLERK OF THE PEACE, Office in county-town, VI 2 COLLECTORS OF TAXES, See TAXATION. COMMISSION, of oyer and terminer or jail delivery prohibited, IX 15 COMMISSIONS, to be in name of Commonwealth, VI 4 To be signed by Governor, VI 4 Seal of State to be on, VI 4 COMMONWEALTH, Suits against, IX 11 COMMON PLEAS COURT, See COURTS OOMMdN SCHOOLS, Legislature to establish, VII 1 COMPENSATION, For property taken, injured or destroyed, IX 10 COMPULSORY, process, accused to have, IX 9 CONGRESS, Member of, certain offices ineligible to, I IS II 5,8 CONSCIENCE, Right of worship according to, IX 3 CONSTABLES. Appointment of, VI 5 CONTRACTS, Law impairing, forbidden, IX 17 CORONERS, Election and appointment of, VI 1 Term of, VI 1 Vacancies in office of, VI 1 CORPORATIONS, Rights, etc., preserved VII 3 CORRUPTION, of blood from attainder, IX 19 COUNSEL, Accused may have, IX 9 COUNTIES, See also CORONER; REGISTER OF WILLS; ■ RECORDER OF DEEDS ; SHERIFF ; PROTHONO- TARY; CLERK OF COURT; TREASURER. Each to have at least one representative, I 4 Officers, to have office in county-town, VI 2 New, representation, apportionment of, I 4 Number of, in judicial circuit, V 4 Officers of, residents only to be appointed, II 8 COURTS, See also JUSTICE OF THE PEACE; .JUDGES. Care of estates of persons non compos mentis V 6 Certiorari to inferior courts , V 8 Circuits, created , V 4 Common Pleas, established, V 1 How composed, V 4 How established, V 4 Judges, compensation, V 2 Judges, term of, V 2 Judges, to be Justices of the Peace, V 9 Judges to issue certiorari, V S Jurisdiction in chancery, V 6 Quorum , V 4 Evidence, obtaining of, V 6 Equity, jurisdiction, legislature may vest in, V 6 Indictments and transcripts removable to Supreme Court, ..V 5 Jail delivery, commission of, prohibited, IX 15 206 INDEX. Art. Sec. Judges of common pleas to be justices of the peace V 3 Fees, not to receive any, V 2 Office of profit, not to hold, V 2 Removable by Governor, V 2 Oyer and terminer, judges of, V 3,5 General jail delivery, established, V 1 Quorum of, V 5 When not to sit V 5 Orphans', established, '... V 1 Hovr composed , V 7 Perpetuating testimony, chancery povfers, V 6 President judge of circuit, V 4 Process, indictments and informations, style of V 12 Quarter sessions, established V 1 How composed , V 7 Register's, established, V 1 How composed , V 7 Shall be open, IX 11 Supreme , established , V 1 Judges , compensation , V 2 Judges, ex officio other officers V 3 Judges, term of, V 2 Jurisdiction , V 3 .Jurisdiction in chancery V 6 Twice in jeopardy , IX 10 CRIMINAL PROCEDURE, Conclusion of indictments and in- formations , V 12 CRIMINAL PROSECUTIONS, Rights of accused in, IX 9,10 DEBATE, Members of legislature not to be questioned for, .. I 17 DEBTORS , Imprisonment of, IX 16 DECLARATION OF RIGHTS, IX DEEDS, Office for recording of, V 11 DEFENDANT, in criminal proceedings, rights of, IX 9,10 DEFENSE, Right of citizens to bear arms for, IX 21 DEODANDS, prohibited, IX 19 DEPARTMENTS, Executive, to give information to Governor, II 10 DISQUALIFICATION, See also INCOMPATIBLE OFFICES. For holding office, IX 1 DISTINCTION, Hereditary, prohibited, IX 24 DISTRICTS, See COURTS; LEGISLATURE. EDUCATION, schools to be established VII 1 ELECTION OFFICERS, appointment of, VI 5 ELECTIONS, by person in a representative capacity, Ill 2 Contests for Governor, II 2,14 For legislature , how determined , I 12 Intereference with, prohibited, IX 5 Of Governor, II 2 ■Of representatives, I 2 Of Senators, I 5 207 INDEX. Art. Officers, appointment of, VI Privilege of electors from arrest Ill Qualiiications of electors, Ill Kight of suffrage, IX To be by ballot, Ill ELECTORS, Privileges from arrest, Ill Qualifications of, Ill EMIGRATION, from State allowed, IX EMINENT DOMAIN, General provisions, IX ENJOYMENT, of life and liberty, right of, IX ENUMERATION, of inhabitants, I EQUITY, See COURTS. ESTABLISHMENTS, Religious, no preference given to, .... IX ESTATES, of persons non compos mentis, care of, V EVIDENCE, See also COURTS. Against self, accused not to give, IX EXECUTIVE, See GOVERNOR. EXECUTIVE DEPARTMENTS, to give information to Gov- ernor, II EXECUTIVE POWER, Vested in Governor II EX POST FACTO LAW, IX EXPROPRIATION, of private property, IX EXPULSION, of member of legislature, I FEES, Judges not to receive, V FELONY, Attainder of, IX Electors not privUeger from arrest for Ill Members of legislature guilty of, not privileged from arrest, I FINES , not to be excessive, IX FINES AND FORFEITURES , Governor may remit, II FORFEITURES, for suicide, prohibited IX Of estate from attainder, IX FREEDOM, oc elections, IX Men are born in IX Of press, IX FREE GOVERNMENT, How recognized IX GENERAL ASSEMBLY, See also LEGISLATURE. Governor may convene and adjourn , II To give information to, II How constituted , I Oath of members, VIII When to meet, I GOVERNMENT, Any branch of, may be examined IX Free, founded on authority of people, IX How recognized , IX People have right to altor, reform or abolish , IX GOVERNOR, appointments of sheriffs and coroners, VI Commander-in-chief of army and navy, II Commissions, to be signed by, VI Compensation of, II Sec. 5 3 1 5 2 3 1 25 10 1 i 3 6 10 1 17 10 13 2 18 3 17 13 9 19 19 5 1 7 Par. 1 12 10 1 10 7 2 !Par. 1 2 1 7 4 5 208 INDEX. Art. Sec. Contested elections of, II 2, 14 Disqualifications, II 3,5 Election of, II 2 Judges may be removed by, V 2 Judges of Common Pleas, appointed by, V 4 Liable to impeachment, IV 3 May adjourn and convene general assembly, II 12 May dispense with county ofRcors, VI 2 May grant reprieves and pardons, II 9 May remit fines and forfeitures II 9 May require information from departments, I 10 President judges of circuits, to be appointed by, V 4 Qualifications of, II 4 Signing and vetoing bills , I 22 Secretary of Commonwealth, appoiutmfnt of, II 15 Supreme executive power vested in , II 1 Term of, II 3 To appoint certain officers , II 8 To appoint justices of the peace, V 10 To give information to genera] assembly, 11 10 To sign all orders, resolutions and votes, I 23 To see laws are executed , II 13 Vacancy , who to succeed , II 14 GRIEVANCES , Right to petition for redress of, IX 20 HABEAS CORPUS, when suspended, IX 14 HAPPINESS, Right of pursuing, IX 1,2 HEREDITARY DISTINCTION, prohibited IX 24 HIGHWAYS, appointment of officers, VI 6 HOUSE OF REPRESENTATIVES, See LEGISLATURE. IMPEACHMENT, Effect of judgment of IV 3 IMPEACHMENTS, House of representatives has sole power of, IV 1 Number of senators necessary to convict, IV 2 Pardons not to be granted, II 9 Persons liable to, IV 3 Tried by senate, IV 2 IMPRISONMENT, for debt, IX 16 INCOMPATIBLE OFFICES, I 18 II 5,8 V 2 INCORPORATION, See CORPORATIONS. INDEFEASIBLE RIGHTS, men have, IX 1,3 INDEPENDENT, men are born, IX 1 INDICTMENTS, conclusion of, V 12 Prosecutions by, IX 9,10 Removable into Supreme Court, V 5 INFORMATIONS, conclusion of, V 12 In criminal causes , limited , IX 10 Prosecutions by , IX 9 INHERENT RIGHTS, of mankind, IX 1 209 INDEX. Art. Sec. INJURY, to lauds, goods, person or reputation, legal remedy for, IX 11 INSOLVENT DEBTORS, Imprisonment of, IX 16 INVASION, of the State IX U INVESTIGATIONS , Public may be published IX 7 JAIL DELIVERY, Commission of, prohibited, IX 15 JEOPARDY, twice in, IX 10 JOURNALS , each house to keep , I 14 JUDGMENT, of peers, IX 9 JUDGES, See also COURTS. Office of , certain persons ineligible to , II g JUDICIAL POWER, vested in courts, V 1 JURY TRIAL, guaranteed in certain criminal causes IX 9 Riglit to IX 6,9 JUSTICE, to be administered without sale, denial or delay IX 11 JUSTICES OF THE PEACE, appointment of, V 10 Certiorari to V 8 Commissions of, V 10 Judges of common pleas to be, V 9 Removal of, V 10 LAW, ex post facto, forbidden, IX 17 Of the land, in criminal causes , IX 9 LAWS, GOVERNOR to see executed, II 13 Suspension of, limited, IX 12 LAWYER, accused may have, IX 9 LEGISLATIVE POWER, how vested, I 1 LEGISLATURE, See also GENERAL ASSEMBLY. Adjournment I 16 Apportionment of members of house of representatives, I i Of Senators, I 6,7 Attendance of absent members, I 12 Bills passed, to be presented to Governor, I 22 Vetoed , procedure on, I 22 Compensation of members , I 17 Contested elections, how determined, I 12 Courts, may be vested with equity power by, V 6 To be established by, V 1 Each house to judge of qualifications of members I 12 Election contests for Governor to be tried by, II 2 Ex post facto law, IX 17 Expulsion of members, I 1.3 Governor may convene and adjourn in certain cases, II 12 To be chosen by, when tic vote, 11 2 To give information to, II 10 House of Representatives, adjournment, I 16 Necessary powers conferred I 13 One branch of general assembly, I 1 Officers to be chosen , I 11 Sole power of impeaching, IV 1 Speaker to be chosen, I 10 210 INDEX. LEGISLATUKE— Continued. Art. Sec. To jiidge of qualifications of members, I 12 Vacancies how filled, I 19 Journals of each house, I 14 Judges, removal of, bj' Governor, V 2 Justices of the peace, may be removed by, V 10 May declare offices incompatible, II 8 Militia, officers, to provide manner of choosing, VI 2 Oath of members, VIII Officers, State and local, to designate manner of appointment, VI -5 Privileges of members, 1 17 Proceeding of, may be criticised, IX 7 Public officers ineligible to , I IS Qualification of members, I 3 I 8 Quorum of each house, I 12 Representatives , apportionment in new counties , I i At least one in each county, I 4 Compensation of, I 17 Election of, I 2 Not to hold appointive office, I 18 Number to be fixed, I i Privileges of, I 17 Qualifications of, I 3 Residents of district from which elected, I 3 Terms of, I 2 Rules, I 13 Schools to be established by , VII 1 Secret business, I 14 Senate, adjournment, : I 16 Impeachments tried by, IV 2 Necessary powers conferred, I 13 Officers to be chosen, I U One branch of general assembly, I 1 Speaker to be chosen, I 11 Speaker pro tem to be chosen, I II To judge of qualification of members, I 12 Vacancies, how filled, I 19 Senators, apportionment of, I 6,7 Compensation of, I 17 Division of by lot, I 9 Election of, , I 5 Not to hold appointive office, I 18 Number of, I 6 Oath of in trying impeachments, IV 2 Privileges, I 17 Qualifications of, I 8 Term of, I ,5 Senatorial districts, 1 7 Sessions to be open , I 14 Speech or debate, member not to be questioned for, I 17 State Treasurer, appointed by, VI 5 To fix number of senators, I g 211 INDEX. Art. To fix number of representatives, I When to meet, I Yeas and nays, I LIBEL IX LIBERTY, civil and religious IX Depriving accused of, IX How recognized, IX Right of enjoying and defending , IX LIFE, depriving accused of, IX Not to be twice in jeopardy for same offense, IX Right of enjoying and defending IX MILITIA, See also ARMY; MILITARY POWER; SOLDIERS; STANDING ARMY. Governor, commander-in-chief of, II Officers of, VI Organization of, VI MILITARY POWER, See also ARMY; MILITIA, SOLDIERS; STANDING ARMY. Subordinate to civil power, IX MINISTRY, no man compelled to maintain, IX MISDEMEANOR IN OFriCB, ground for impeachment, IV MODES , of worship, no preference given to, IX MONEY, appropriation of, from treasury, I NAVY, Governor, commander-in-chief of, II NEW COUNTIES, representation of, I NOBILITY, titles of, prohibited, IX NON COMPOS MENTIS, care of estates of persons, V OATH, of members of general assembly and officers, VIII OBLIGATION OF CONTRACTS, laws impairing, forbidden, .. IX OFFICERS, See also LEGISLATURE; MILITIA. Appointmenfs to, beyond term of good behavior, forbidden, .. IX Certain , appointment by Governor , II Congressman , not to be Governor , II County, to have office in county-town VI Executive, oath of, VIII Judicial, oath of, VIII Of State liable to impeachment, IV Not to be Governor, II Of U. S. not to be Governor, II Government, ineligible to certain offices II Under U. S. ineligible to legislature, I State , how appointed , VI OFFICES, See also INCOMPATIBLE OFFICES. Of profit, judges not to hold, V Religious sentiments not to dis'iualify for holding, IX ORDERS, Requiring concurrence of houses, to be signed by Gov- ernor I Sec. 10 14 7 1,9 9 Par. 1 1 9 10 1 22 3 3 3 21 7 4 24 6 17 24 8 5 3 5 5 8 IS 5 I 20 212 INDEX. Art. Sec. ORPHANS' COURT, See COURTS. OVERSEERS of poor, appointment of VI 5 OYER AND TERMINER, commission of, prohibited, ......... IX 15 OYER AND TERMINER AND GENERAL .TAIL DELIVERY. See COURTS. PARDONS, Governor may grant, U PEACE, Quartering soldiers, in times of, IX 23 PEERS, Judgment of, JX 9 PEOPLE, Free government founded on authority of IX 2 Have right to alter, reform or abolish government, IX 2 Power inherent in , " ix 2 PERQUISITES, Judges not to receive, V 2 PETITION, Right of, IX 20 PLACE, of trust or profit, religious sentiments not to disqualify for holding IX 4 Of worship, no man compelled to support or attend, IX 3 POOR, appointment of officers, VI 5 To be educated gratis, VII 1 PRESS, printing, to be free, IX 7 PRINT, Citizens may, on any subject, IX 7 PRINTING PRESS, to be free, IX 7 PRISONERS , to be bailable, IX 14 PROCEDURE, style of process, conclusion of indictments and informations, V 12 PROCESS, style of, V 12 PROPERTY, See also EMINENT DOMAIN. Depriving accused of, IX 9 Right of acquiring, etc. , IX 1 PROSECUTIONS , Public trial guaranteed in , IX 9 PROTHONOTARY, office of, certain persons, ineligible to, .... II 8 Office in county — town , VI 2 PUBLIC INVESTIGATIONS, may be published, IX 7 PUNISHMENTS, not to be cruel IX 13 QUORUM, of each house, what constitutes, I 12 QUARTER SESSIONS COURT, See COURTS. REBELLION, Habeas corpus, may be suspended in case of, IX 14 RECORDER OF DEEDS, office of, certain persons ineligible to, II 8 Office to be in county, V II In county town , VI 2 REGISTER'S COURTS. See COURTS. REGISTER OF WILLS, member of Register's Court, V 7 Office of, certain persons ineligible to, II 8 To be in county, V 11 In county-town VI 2 RELIGIOUS ESTABLISHMENTS, preference not to be given to any, IX 3 Not to disqualify for holding office, IX 4 RELIGIOUS SOCI~ETIES, Rights, etc., preserved, VII 3 14 213 INDEX. Art. Sec. REMEDY, for all injuries, IX 11 REMONSTRANCE, Right of, IX 20 REPUTATION, Right of protecting, IX 1 REPRESENTATIVES, See LEGISLATURE. REPRIEVES, Governor may grant, II 9 RESOLUTIONS , to be signed by Governor, , I 23 REVENUE BILLS, Senate, may propose amendments, I 20 Where to originate, I 20 RIGHT, of assemblage and petition, IX 20 Of free speech, IX 7 Of jury trial, IX 6 Of self-defence IX 21 Of suffrage. See ELECTIONS. To alter, reform or abolish government, IX 2 To bear arms, IX 21 To criticise legislature or government not to be restrained, .. IX 7 To free communications of thoughts and opinions , IX 7 To worship God, IX 3 RIGHTS, Declaration of, IX Of conscience not to be controlled or interfered with, IX 3 Reserved and inviolate, IX 26 ROADS , appointment of officers, VI 5 RULES, of each house, adoption, I. 13 SAFETY, of people, government instituted for, IX 2 SALARIES, Governor, II 6 Of members of legislature, I 17 SCHOOLS, Legislature to establish, VII 1 SCIENCE, to be promoted, VII 2 SEARCHES, People to be secure from, IX 8 SEARCH WARRANTS, Limited IX 8 SEIZURES, People to be secure from, • IX 8 SECRETARY, office of, certain persons ineligible to, II 8 SECRETARY OF THE COMMONWEALTH, appointment of, duties, II 15 SELF-DEFENCE, Right of, IX 21 SEMINARIES , to promote arts and sciences, VII 2 SENATE, See LEGISLATURE. SENATORIAL DISTRICTS, Legislature to form, I 7 SENATORS, See LEGISLATURE. SESSIONS, of legislature to be open, I 14 SHERIFFS, appoint of in case of vacancy, VI 1 Election of, VI 1 Office of, certain persons ineligible to, II 8 In county-town VI 2 Term of, VI 1 Vacancies in office of, VI 1 SLANDER IX 7 SOCIETIES, religious, rights, etc., preserved, VII 3 SOLDIERS, See also ARMY; ELECTIONS; MILITARY POWER; MILITIA; STANDING ARMY. Quartering of, IX 23 214 INDEX. Art. SPEAKER OF HOUSE, How chosea, I Writs of election to be issued by, to fill vacancies, I SPEAKER OF SENATE, How chosen, I To be Governor in case of vacancy , II To open election returns for Governor, II Writs of election to be issued by, to fill vacancies, I SPEAKER PRO TEM, of Senate, how chosen, I Of Senate , when to act, I SPEECH, or debate, members of legislature not to be questioned for, I Right of, free, IX STANDING ARJIX, Regulation of, IX STATE OFFICERS, How appointed, VI STATE TREASURER, appointment of, VI Term of VI SUICIDE, Estate of those committing, IX SUITS, against the Commonwealth, IX SUSPENSION OF LAWS IX SUNDAYS, excepted computing time of Governor to act upon bills, I SUPREME COURT, See COURTS. SUPREME EXECUTIVE POWER, Vested in Governor, II SURETY OF THE PEACE, Electors not privileged from ar- rest for, Ill Members of legislature guilty of, not privileged from arrest,.. . I TAXATION, appointment of collectors and officers, VI Payment of taxes, by elector, Ill TAX COLLECTORS, See TAXATION TAXES, See TAXATION. TESTIMONY, perpetuating of, V TITLE, of nobility, prohibited, '■ IX TOWNSHIPS, appointment of officers VI TRANSCRIPTS, Removable to Supreme Court, V TREASON, Attainder of, IX Electors not privileged from arrest for, : Ill Members of legislature, guilty of, not privileged from arrest, I TREASURER, State, See STATE TREASURER. Office of, certain persons ineligible to, II TREASURY, appropriation of money from , I TRIAL, by jury, IX TROOPS, See also ARMY; MILITARY POWER; SOLDIERS ; STANDING ARMY. Quartering of, ^^ TWICE, in jeopardy, IX VACANCIES, Governor, who succeeds, II In either house of legislature, how filled, I VICINAGE, Jury of, IX VIVA VOCE, Persons in representative capacity to vote HI VOTE, Requiring concurrence of houses to be signed by Governor, I VOTERS, qualifications of, HI VOTING, to be by ballot, HI 215 Sec. 11 19 11 14 2 19 11 11 17 7 22 5 5 5 19 11 12 22 3 17 6 24 18 3 17 21 6 23 10 14 19 9 2 23 1 2 INDEX. Art . Sec WAR, Quartering of soldiers, in times of, IX 23 WARRANTS, search, limited, IX 8 WILLS, office for probate of, V 11 WITNESSES, Compulsory process for, in criminal cases, IX 9 WORSHIP, of God, free, IX 3 Modes of, no preference to be given to, IX 3 No man compelled to attend or support place of, IX 3 YEAS AND NATS, entered on journal, I 14 When passing bill over veto, I 22 216 CONSTITUTION OF THE Commonwealth of Pennsylvania 1776. (2X8) CONSTITUTION OP PENNSYLVANIA— 1776. On May 15, 1776, the Continental Congress adopted a resolution recommending to the several colonies the adoption of such a govern- ment as would- best conduce to the happiness and safety of their con- stituents and America in General. In consequence a number of Gen- tlemen met in Philadelphia, June 18, 1776, and issued an address to the People of Pennsylvania, proposing the election of deputies, and the holding of a convention for the purpose of framing a government. The convention met on July 15, 1776, in the State House at Philadel- phia, and Benjamin Franklin was unanimously chosen president, George Eoss vice-president and John Morris secretary. The conven- tion completed its labors on September 28, 1776. This constitution was never submitted to the people for ratification. (219) •^^•■^^^ (220) CONSTITUTION OF PENNSYLVANIA, 1776. WHEREAS all government ought to be instituted and supported for the security and protection of the community as such, and to enable the individuals who compose it to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever these great ends of government are not obtained, the people have a right, by common consent to change it, and take such measures as to them may appear necessary to promote their safety and happiness. AND WHEREAS the inhabitants of this commonwealth have in consideration of protection only, heretofore acknowledged allegiance to the king of Great Britain; and the said king has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengence, a most cruel and unjust war against them, employing therein, not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic domination of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress) whereby all allegiance and fealty to the said king and his successors, are dissolved and at an end, and all power and authority derived from him ceased in these colonies. AND WHEREAS it is absolutely necessary for the welfare and safety of the inhabitants of said colo- nies, that they be henceforth free and independent States, and that just, permanent, and proper forms of government exist in every part of them, derived from and founded on the authority of the people only, agreeable to the directions of the honourable American Congress. We, the representatives of the freemen of Pennsylvania, in gen- eral convention met, for the express purpose of framing such a govern- ment, confessing the goodness of the great Governor of the universe (who alone knows to what degree of earthly happiness mankind may attain, by perfecting the arts of government) in permitting the people of this State, by common consent, and without violence, deliberately to form for themselves such just rules as they shall think best, for governing their future society; and being fully convinced, that it is our indispensable duty to establish such original principles of govern- ment, as will best promote the general happiness of the people of this State, and their posterity, and provide for future improvements, without partiality for, or prejudice against any particular class, sect, or denomination of men whatever, do, by virtue of the authority vested (221') 1776. in use by our constituents, ordain, declare, and establish, the fol- lowing Declaration of Rights and Frame of Government, to be the Constitution of this commonwealth, and to remain in force therein for ever, unaltered, except in such articles as shall hereafter on experi- ence be found to require improvement, and which shall by the same authority of the people, fairly delegated as this frame of government directs, be amended or improved for the more effectual obtaining and securing the great end and design of all government, herein before mentioned. A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH, OR STATE OF PENNSYLVANIA. First. That all men are born equally free and independent, and have certain natural, inherent and inalienable I'ights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 1. Constitution of 1838, Art. IX, Sec. 1. Constitution of 1873, Art. I, Sec. 1. Second. That all men have a natural and unalienable right to wor- ship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent : Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship: And that no authority can or ought to be vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner control, the right of conscience in the free exercise of religious worship. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sees. 3, 4. Constitution of 1838, Art. IX, Sees. 3, 4. Constitution of 1873, Art. I, Sees. 3, 4. 1776. Third. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same. Fourth. That all power being originally inherent in, and conse- quently derived from, the people; therefore all oflScers of govern- ment, whether legislative or executive, are their trustees and ser- vants, and at all times accountable to them. Fifth. That government is, or ought to be, instituted for the com- mon benefit, protection and security of the people, nation or com- munity; and not for the particular emolument or advantage of any single man, family, or set of men, who are a part only of that com- munity: And that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 2. Constitution of 1838, Art. IX, Sec. 2 Constitution of 1873, Art. I, Sec. 2. Sixth. That those who are employed in the legislative and execu- tive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to re- duce their public offlcers to a private station, and supply the vacan- cies by certain and regular elections. Seventh. That all elections ought to be free ; and that all free men having a suflacient evident common interest with, and attachment to the community, have a right to elect officers, or to be elected into office. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 5. Constitution of 1838, Art. IX, Sec. 5. Constitution of 1873, Art. I, Sec. 5. Eighth. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto: But no part of a man's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scru- pulous of bearing arms, be justly compelled thereto, if he will pay 22.^ 1776. such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 10. Constitution of 1838, Art. IX, Sec. 10. Constitution of 1873, Art. I, Sec. 10. Ninth. That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favor, and a speedy public trial, by an im- partial jury of the country, without the unanimous consent of which jury he cannot be found guilty; nor can he be compelled to give evi- dence against himself; nor can any man be justly deprived of his liberty except by the laws of the land, or the judgment of his peers. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 9 Constitution of 1838, Art. IX, Sec. 9. Constitution of 1873, Art. I, See. 9. Tenth. That the people have a right to hold themselves, their houses, papers, and possessions free from search and seizure, and therefore warrants without oaths or afl&rmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly de- scribed, are contrary to that right, and ought not to be granted. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 8. Constitution of 1838, Art. IX, Sec. 8. Constitution of 1873, Art. I, Sec. 8 Eleventh. That in controversies respecting property, and in suits between man and man, the parties have a right to trial by jury, which ought to be held sacred. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 6. Constitution of 1838, Art. IX, Sec. 6 Constitution of 1873, Art. I, Sec. 6. Twelfth. That the people have a right to freedom of speech, and of writing, and publishing their sentiments ; therefore the freedom of the press ought not to be restrained. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, See. 7. Constitution of 1838, Art. IX, Sec. -7. Constitution of 1873, Art. I, Sec. 7. 224 1776. Thirteenth. That the people have a right to bear arms for the de- fence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sees. 21, 22. Constitution of 1838, Art. IX, Sees. 21, 22. Constitution of 1873, Art. I, Sees. 21, 22. Fourteenth. That a frequent recurrence to fundamental princi- ples, and a firm adherence to justice, moderation, temperance, indus- try, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in the choice of ofiQcers and representatives, and have a right to exact a due and constant regard to them, from their legislatures and magistrates, in the making and executing such laws as are necessary for the good government of the state. Fifteenth. That all men have a natural inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that thereby they may promote their own happi- ness. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 25. Constitution of 1838, Art. IX, Sec. 25. Constitution of 1873, Art. I, Sec. 25. Sixteenth. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, peti- tion, or remonstrance. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. IX, Sec. 20. Constitution of 1838, Art, IX, Sec. 20. Constitution of 1873, Art. I, Sec. 20. 9,9K 1776. PLAN OR FRAME OF GOVERNMENT FOR THE COMMON- WEALTH OR STATE OF PENNSYLVANIA. Section the First. The commonwealth or state of Pennsylvania shall be governed hereafter by an assembly of the representatives of the freemen of the same, and a president and council, in manner and form following — Section the Second. The supreme legislative power shall be vested in a house of representatives of the freemen of the commonwealth or state of Pennsylvania. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. I, Sec. 1. Constitution of 1838, Art. I, Sec. 1. Constitution of 1873, Art. II, Sec. 1. Section the Third. The supreme executive power shall be vested in a president and council. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. II, Sec. 1. Constitution of 1838, Art. II, Sec. 1. Constitution of 1873, Art. IV, Sec. 2. Section the Fourth. Courts of justice shall be established in the city of Philadelphia, and in every county of this state. Section the Fifth. The freemen of this commonwealth and their sons shall be trained and armed for its defence under such regula- tions, restrictions, and exceptions as the general assembly shall by law direct, preserving always to the people the right of choosing their colonels and all commissioned officers under that rank, in such man- ner and as often as by the said laws shall be directed. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. VI, Sec 2 Constitution of 1838, Art. VI, See. 2 Constitution of 1873, Art. XI, Sec. 1 Section the Sixth. Every freemen of the full age of twenty-one years, having resided in this state for the space of one whole year next before the day of election for representatives, and paid public taxes during that time, shall enjoy the right of an elector: Pro- vided, always, that sons of freeholders of the age of twenty-one years shall be intitled to vote although they have not paid taxes. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. Ill, Sec. 1. Constitution of 1838, Art. Ill, Sec. 1. Constitution of 1873, Art. VIII, Sec. 1. 226 1776. Section the Seventh. The house of representatives of the freemen of this commonwealth shall consist of persons most noted for wisdom and virtue, to be chosen by the freemen of every city and county of this commonwealth respectively. And no person shall be elected un- less he has resided in the city or county for which he shall be chosen two years immediately before the said election; nor shall any mem- ber, while he continues such, hold any other office, except in the militia. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. I, Sees. 3, 18. Constitution of 1838, Art. I, Sees. 3, 19. Art. VI, See. 8. Constitution of 1873, Art. II, Sees. 5, -6. Section the Eighth. No person shall be capable of being elected a member to serve in the house of representatives of the freemen of this commonwealth more than four years in seven. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. I, Sec. 3. Constitution of 1838, Art. I, Sec. 3. Constitution of 1873, Art. II, Sec. 5. Section the Ninth. The members of the house of representatives shall be chosen annually by ballot, by the freemen of the common- wealth, on the second Tuesday in October forever, (except this present year,) and shall meet on the fourth Monday of the same month, and shall be stiled, The general assembly of the representatives of the free- men of Pennsylvania, and shall have power to choose their speaker, . the treasurer of the state, and their other officers ; sit on their own adjournments; prepare bills and enact them into laws; judge of the elections and qualifications of their own members ; they may expel a member, but not a second time for the same cause; they may ad- minister oaths or affirmations on examination of witnesses; redress grievances ; impeach state criminals ; grant charters of incorporation ; constitute towns, boroughs, cities and counties; and shall have all other powers necessary for the legislature of a free state or common- wealth: But they shall have no power to add to, alter, abolish, or infringe any part of this constitution. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. I, Sees. 2, 10, 11, 12, 13. Art. VI, Sec. 5 Constitution of 1838, Art. I, Sees. 2, 10, 11, 12, 13. Art. VI, Sec. 6. Constitution of 1873, Art. II, Sees. 2, 3, 4, 9, 11. Art. IV, Sec. 21. 227 1776. Section the Tenth. A quorum of the house of representatives shall consist of two-thirds of the whole number of members elected; and having met and chosen their speaker, shall each of them before they proceed to business take and subscribe, as well the oath or afiSrma- tion of fidelity and allegiance hereinafter directed, as the following oath or affirmation, viz: I do swear (or affirm) that as a member of this assembly, I will not propose or assent to any bill, vote or resolu- tion, which shall appear to me injurious to the people; nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared in the consti- tution of this state ; but will in all things conduct myself as a faithful honest representative and guardian of the people, according to the best of my judgment and abilities. And each member, before he takes his seat, shall make and sub- scribe the following declaration, viz : I do believe in one God, the creator and governor of the universe, the rewarder of the good and the punisher of the wicked. And I do acknowledge the Scriptures of the Old and New Testament to be given by Divine inspiration. And no further or other religious test shall ever hereafter be re- quired of any civil officer or magistrate in this State. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. I, Sec. 12. Art. VIII. Constitution of 1838, Art. I, Sec. 12. Art. VIII. Constitution of 1873, Art. II, Sec. 10. Art. VII, Sec. 1. Section the Eleventh. Delegates to represent this state in con- gress shall be chosen by ballot by the future general assembly at their first meeting, and annually forever afterwards, as long as such repre- sentation shall be necessary. Any delegate may be superseded at any time, by the general assembly appointing another in his stead. No man shall sit in congress longer than two years successively, nor be capable of reelection for three years afterwards :and no person who holds any office in the gift of the congress shall hereafter be elected to represent this commonwealth in congress. Section the Twelfth. If any city or cities, county or counties shall neglect or refuse to elect and send representatives to the general assembly, two-thirds of the members from the cities or counties that do elect and send representatives, provided they be a majority of the cities and counties of the whole state, when met, shall have all the powers of the general assembly, as fully and amply as if the whole were present. 228 1776. Section the Thirteenth. The doors of the house in which the repre- sentatives of the freemen of this state shall sit in general assembly, shall be and remain open for the admission of all persons who behave decently, except only when the welfare .of this state may require the doors to be shut. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. I, Sec. 15. Constitution of 1838, Art. I, Sec. 16. Constitution of 1873, Art. II, Sec. 13. Section the Fourteenth. The votes and proceedings of the gen- eral assembly shall be printed weekly during their sitting, with the yeas and nays, on any question, vote or resolution, where any two members require it, except when the vote is taken by ballot; and when the yeas and nays are so taken every member shall have a right to insert the reasons of his vote upon the minutes, if he desires it. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. I, Sec. 14. Constitution of 1838, Art. I, Sec. 15. Constitution of 1873, Art. II, Sec. 12. Section the Fifteenth. To the end that laws before they are en- acted may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented, all bills of pub- lic nature shall be printed for the consideration of the people, before they are read in general assembly the last time for debate and amend- ment; and, except on occasions of sudden necessity, shall not be passed into laws until the next session of assembly ; and for the more perfect satisfaction of the public, the reasons and motives for making such laws shall be fully and clearly expressed in the preambles. Corresponding provisions of subsequent Constitutions: Constitution of 1873, Art. Ill, Sec. 4 Section the Sixteenth. The stile of the laws of this commonwealth shall be, "Be it enacted, and it is hereby enacted by the representa- tives of the freemen of the commonwealth of Pennsylvania in general assembly met, and by the authority of the same." And the general as- sembly shall affix their seal to every bill, as soon as it is enacted into a law, which seal shall be kept by the assembly, and shall be called. The seal of the laws of Pennsylvania, and shall not be used for any other purpose. Section the Seventeenth. The city of Philadelphia and each county of this commonwealth respectively, shall on the first Tuesday of No- 229 1776. vember in this present year, and on the second Tuesday of October annually for the two next succeeding years, viz. the year one thou- sand seven hundred and seventy-seven, and the year one thousand seven hundred and seventy-eight, choose six persons to represent them in general assembly. But as representation in proportion to the num- ber of taxable inhabitants is the only principle which can at all times secure liberty, and make the voice of a majority of the people the law of the land; therefore the general assembly shall cause complete lists of the taxable inhabitants in the city and each county in the com- monwealth respectively, to be taken and returned to them, on or be- fore the last meeting of the assembly elected in the year one thousand seven hundred and seventy-eight, who shall appoint a representative to each, in proportion to the number of taxables in such returns; which representation shall continue for the next seven years after- wards at the end of which, a new return of the taxable inhabitants shall be made, and a representation agreeable thereto appointed by the said assembly, and so on septennially forever. The wages of the representatives in general assembly, and all other state charges shall be paid out of the state treasury. Corresponding provisions of subsequent Constitutions: Constitution of 1790, Art. I, Sees. 4, 17. Constitution of 1838, Art. I, Sees, i, 18. Constitution of 1873, Art. II, Sees. 17, 18. Section the Eighteenth. In order that the freemen of this com- monwealth may enjoy the benefit of election as equally as may be until the representation shall commence, as directed in the foregoing section, each county at its own choice may be divided into districts, hold elections therein, and elect their representatives in the county, and their other elective officers, as shall be hereafter regulated by the general assembly of this state. And no inhabitant of this state shall have more than one annual vote at the general election for repre- sentatives in assembly. Section the Nineteenth. For the present the supreme executive council of this state shall consist of twelve pefs^jus chosen in the following manner: The freemen of the city of Philadelphia, and of the counties of Philadelphia, Chester, and Bucks, respectively, shall choose by ballot one person for the city, and one for each county afore- said, to serve for three years and no longer, at the time and place for electing representatives in general assembly. The freemen of the counties of Lancaster, York, Cumberland, and Berks, shall, in like manner elect one person for each county respectively, to serve as counsellors for two years and no longer. And the counties of North- ampton, Bedford, Northumberland and Westmoreland, respectively, 230 1776. shall, in like manner, elect one person for each county, to serve as counsellors for one year, and no longer. And at the expiration of the time for which each counsellor was chosen to serve, the freemen of the city of Philadelphia, and of the several counties in this state, respectively, shall elect one person to serve as counsellor for three years and no longer; and so every third year forever. By this mode of election and continual rotation, more men will be trained to public business, there will in every subsequent year be found in the council a number of persons acquainted with the proceedings of the foregoing years, whereby the business will be more consistently con- ducted, and moreover the danger of establishing an inconvenient aristocracy will be effectually prevented. All vacancies in the coun- cil that may happen by death, resignation, or otherwise, shall be filled at the next general election for representatives in general assembly, unless a particular election for that purpose shall be sooner appointed by the president and council. No member of the general assembly or delegate in congress, shall be chosen a member of the council. The president and vice-president shall be chosen annually by the joint ballot of the general assembly and council, of the members of the council. Any person having served as a counsellor for three succes- sive years, shall be incapable of holding that office for four years afterwards. Every member of the council shall be a justice of th