The Potter journal and news item. (Coudersport, Pa.) 1872-1874, December 03, 1873, Image 2

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    he had signed it unless the general as
sembly, by tie ir adjournment. prevent
its return, in which case it shall Ivconie
a law unless lie shall lile the ••"tine. with
his objections, in the oifice <>t the secre
tary of the commonwealth and give no- j
tice thereof by public proclamation with
in thirty days after such ad journment.
•See lt>. The governor shall have power
to disapprove of any item or items of any
bill making appropriations of money em
bracing distinct items, and the liuits of
the bill approved shall be the law and
the item or items of appropriations disap
proved shall le void unless repassed ae- i
cording to tiie rules and limitations pre
scribed for the pi sageof other bills over •
the executive veto.
Sec 17. Thechiefj list ice of the supreme
court shall preside ujmhi the trial of any
contested election of governor or lieuten
ant governor and shall decide questions
regarding the admissibility of < vidence
and shall, upon requestor thecommittee.
pronounce his opinion upon other ques
tions of law involved in the trial. The
governor ami lieutenant governor shall
exercise tin* duties of their ropective
oflices until their successors shall be du
ly qualified.
Nee 1"-. The secretary of the common
wealth shall keep a record of all official i
acts and proceedings of the governor and
when required lay the same, w iihall min
utes and vouchers relating thereto, be
fore either branch of the general assem
bly and perform such other duties as
liny IK- enjoined ujion him by law.
Sec 19. The secretary of internal af
fairs shall exercise all the powers and
perforin all tin- duties of tin* surveyor
general, subject to such cluing, s as shall
be made by law. His deportment -ball
embrace a bureau of industrial statjsl ii -
and \\< shall discharge such duties relat
ing to c< >r{iorations. to the charitable in
stitntit tin agricultural, tumnif. *-
turing. mining, mineral, tmilter and oili
er material or business interests of the ;
stat 'as may lie prescribed by law. lie
shall annually, and at such otl.t r times
as may lie it quired by law, make report
to the general assembly.
Sec 20. l'lie superintendent f public
instruction shall exercise all the powers,
and (tertorm ali the duties of the super
tendent of common schools, subject, to
such changes as shall lie made by law.
"Sec —l. The term of the secretaire of
internal atYairs shall In* four years, of the
auditor general three years ami of tin
state treasurer two years. Those officers
shall lie chosen by the qualified elect->• -
of the state at general elections. No
person elected to the othce of auditor
general or state treasurer shall be calla
ble of holding the same oliiee for two
consecutive terms.
Sec 22. The present great seal of Feaa
sylvania shall lv the seal of the state,
.ill commissi us shall lie in the naun
and by authority of the commonwealth
of Pennsylvania and be sealed with the
state seal and signed by the governor.
ARTICLE V.
Judiciary.
Sec 1. The judicial pow> i of t his ■
inonwealth shall l>e vested in the su
preme court. in courts of common pit a-. .
coui ts of oyer and terminei and general i
jail delivery, i -uiri* of quarter s. salons
of the iteace, orphans* courts, magis
trates'court* ami in such ct!--r courts'
as the general assembly may fr ;n tjun
to time establish.
Sec J. The supreme com t 5i...11 consist
of seven judges, who shall Is* elected l*v
the qualified electors of the -Mate at large.
They shall hold their ottiv sforthete m
of twenty-oia* wars, if the) -*o I*mg V
have themselves, but shall not Is* again
eligible. The judge whose commission
shall first expire shall lie elih f justice,
and ther after each jtidg whose com
mission shall first expire ihali in turn!
lv chief just ice.
Sr.'!. The jin isuietion of t" *1 .
C"*nrt -1 ill •\, do\ I the J'
judgi s thereof -hail, by virt e of then
offices, be just ices of ojw an! terminer ]
and general jail <l-livery in t'>- - \ mi
Counties j they sbsfi nave original juris--
diction in < i ipjunct: *. an 1 v kciv
a corpora tins is a party defeiulent,of r
jf as • '.on*. c mandamus t • court* of!
inf*. ior jui i-diction, and of q\: ,va ntn
toastoiilloffkefsofihecoiuuv i wealth |
whose jurisdiction extends over the state ■
but - a ' not t xerv.se anyot .e. origin .-
jui'- i< tiou ; they -hall have .tiijs'll.ite
jui i-dieami by apjk cd. certiorari <>r writ
<it error in ail cases. as Is now or may
here iffer lv p; •* idet! by law.
v •4. Until otherwise o recred by 1 rev,
the courts of common plea* shall con
tinue as at pre-en: established. xc. pi
us herein changed; not more than four
counties stall, at any tltne, he included
iuonejudit I.il district org::::!;: <1 b . -a i
courts.
> • •>. \\ I.* never a ■ a ♦ -',.,11 con
tain forty ii u.-si d inliai-uauts it shall
constitute a *><sirate judicial tbstrict
and shall elect one judge learned in tie
law, and the general a.-s-. tub!;. shall pro
\ i-i t>V •' I' i i\:: ;! jU*tLP * •' i** L* • .
tii io id dl.rir:c--is n.ay *<. ; it. t niii
t• * •nibniiinga imputation it * -
sufficient to constitute sepunit* districts
.-ball lv fori.* d in*** con* jfii-ni singa
i -t*.ids ■-. ai. -ss.iry. m i i .atac -
I d tc contiguous di-lrtets as tc,. general
assembly h: ! . pro*id-*. T *• fuvot
s.iet;*ie yudge, not learned ;u the law, is
al* at uiiln s foi , g
ilbtri ts; but the several associate j
judges in office when tbi> const*twitk*;. j
shall beud-'ptctl ;L:,!i serv . to; their ua
t .V 4 *VC v* t *.
e5. Il :... '.n.t i. .*' f Tldladt
and Allegheny all tlte jm -dietion and
powers now vt in tie dist courts
and - am ts of coin in u id-a-. - ig-tt t
socb changes as uiay be made by this
constitution oi by law. shall be, iJ,.;il
ad< plua. *t -. .*.l in four, ami in Aleg a
ny in two ui-i.inet and - - ..rate courts
w equal and co ordiotit juiisdSctkai,
composed time judges each; the mid
courts in Philadelphia shall be deHgna
ti-sl n.--}t.'tiwiy as tin* const of cocuiuon
plena nambet one, number twu, nuuiKr
three and number four, and in Alleghe
ny as the court of common pi- as number
c*ne and number two; but the number
of *nid courts n ay In* by iaw iticreus.-*!, .
from lime to time, and -....11 lv in like i
inaiiiiei designated bv num
bers; I• nuuilvr of jmlges i. tyof-oid
courts, or in any county ** tere the e>- i
tablishuu nt of an additmaa! court may
1* authorised by law, may In- ill! nam il
from tune to tiuie; and whenever such |
increase shall amount to three, such 1
three judges sliaii compose a distinct ;u.d ;
liiilr mint m ifiamiil aliii h sb.d." i
be inn it r.. as at .*l--said. In Uhihtdi:- •
piua ...I MBit is. iiaittinted in
said v' trts ~f ecu at n pleas *. *•* :
designating the mmiwr saulc=*urt.
a*"wl the several c ; ;s s ..... nisti.aute
and ap> .t. .. th* i a>im -.* ... h ... m .
in seen mamicr r> sn;u iv provided by i
ruks of com . and each c- rt t** wim-;, !
any suit shall lv thus assigned shall !ui\e i
cwluotve jmrisftietSffii thereof, subject -
to change of wmr srtNll be \ iotkM
by law. bt Alhghtnttadi eoert - .
hi,*.- rxcius.ve jurisdivla :. . i ..I! pro- i
ci v.h:g>..i i.nvai! : iiitquify * e ml .
t;.- .-... <ifi . • ... .a._. ■; % tiue *,
IU..V Ih pioveltd by Li •/
i •-i Ih- - ; ; i; : ! v i
vl: " • y * • a •%. •. • -V i ' *'** *
. . - v . .-4^.
removal by a majority of said judges;
the said prollioiuitary shall ajipoiiit such
assistants ;rs may be necessary and au
thor'.zed by *ail courts, and lie and hi*
assistants shall tee.-ive lixetl s;da>ios. to
| be determined by iaw and paid by said
: county; all fees collected in s.ti<l oftice,
except such as may Iv law due to the
commonwealth, shall lv paid by thepro
thonotary- intothecountvtreasury. Each
court sliall have its sejiarate dockets, ex
• cept the judgment docket, which shail
J contain the judgments and liens of aU
the saitl courts, as is or may be directed
■ hv law.
See S. The said courts in the counties
I of Philadelphia and Allegheny respect
ively shall, from tine- 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 jvace
of said counties in such manner as may
lv directed by law.
-vc9. Judges of the courts of common
' pleas learned in the law shall lie judges
; of the courts of oyer and terminer, quar
ter sessions of the yvace and general
■jail delivery and of the orphans'court,
and within their respective districts shall
.be justices of the jvace as to criminal
matters.
See 10. The judges of the courts of
common pleas, within their respective
counties, shali have power to issue writs
of certiorari to justices of the peace and
• ■th' i" inferior courts not of record, an<L
to cause their proceeding to lv brought
j Ivferc them and right and justice to lv
; done.
Sec 11. Efd pt as otl * rwise provided
in till* const it. ut ion. just ices of X lie peace
i-r aMennon *h:*.ll Ivelected in the st-vc
ral wards, districts, I orooghsand town*
sliips at the line* of the election of con
stables. by the (puilih -d electors then of.
- in such manner as shall be dirt- ted by
law and siiail lv commissioned by tiu
; governor for a term of live years. No
town *! ip. ward, district or In trough shall
elect uMivtban two justices of tlieprace
orahl* rmen without the consent of a ma
jority of the qualified electors within ;
: such township, ward or borough; n i per
son -hail IK- elected to such ofiieo unless
In shall have residtd within the town
ship, boroim' . ward <■;- tli.*trirt for <'iic
vc;tvn xt prevedinghiseWvtion. Incitics
containing over fifty thousand inliabi
tants not more than one atdk rman shall
Ik* cltK'tt-ti in each ward or district.
See Ilk In Philadelphia there shall Ik*
establis' t-<l. for each thirty tliouse.ud iu
habitauts. one court, ntit.of record, of
|x>liee and civil causes, with jurist! ictioit
not t\••cedingone innuliTd d oar : such
courts shall be held by istrat< -*•>!•■ k
of office shall lv five years r.ial they
shali lv elected on general ticket by toe
ijualifietl voters at large; aul in tkeelee
t i< hi < if t be saiti magistrates no voter sliall
vote tot more than t tvo-thirdsot'theinnn
i-- rof jvrsons t• Ik- elcctcil, when in >;v
than one are to Ik* chosen; they s'utll be
coiiUH-iisatctl only by ti\t d salaries, to lv
paid by said county, and shall *-x *rci*e
stt'-h jurisdiction, civil and criminal, ex-
11 a* herein pro*fabd, a- is now exer
cised by aldermen, subject to such
chatig: s. not involving an increase of
. civil jurisdiction or conferring j>. litica!
duties, as may be made by law. In Phil
adelphia tae otlice of alderman is a'nol
isht-'l.
l b All fe s. fines and p- naltie- j;i
-aid e urts sha.i lv paid into the county
Ski 14. In ali cases of summaiT<x>n
vict'a . ;;*. t! i*e( tnmonwealth.*!. oi judg
nw nt tti suit forapenaltj Ik fore a tnagis- -
II ati or court not of record, cither iwny
ii: appeal to -a; !: cot!lt of iec- 'l
may Ik- pi* set iivd by law. u|kiii allow
<_* of the ap|H i!att caurt _,'i<lge
tin roof, upon cause shown.
1& Alt judges required to be Jeanv
ed :a the law. ( ejit the judg*s of tlie
-u; rtiu-c court, shall, lie elected by the
qualified electors of the respective li*-
ti *n is over wiiic i they are to preside and
shall hold their edict s for the |vriml of
ten year*, if they saa'l - long l* -have
tin lnsilvi - well; but for any ivuso.:: ■!*- [
einso. w l ich sb.ali not lv sntlicicni i
(round fir impeachment, the g .v. rr.**r!
may remove any of them ji the add; -, -s
•if two-thirds of each house of tiie gen
ii! assembly.
k t* K Whenever two judge* of t':e
supreme court are to lie cuns-.-a for ti
saute t*iin of s; i vice, eneb voter sluUI
v<*te tir one only, -iic.i v* icn tluw arc to
'*■-chosen he shall vote i >r no more than
two; candidates highest in vote si:.;;, be
tie-lareil elected.
S*e 17. Should any two or mon judges
*f tiie supreme court, or any two or more
jtnlg. s of the court of e.-iumon jih*as f- r
t: i same district, beeleetedat the same
time, the* shall, .iss)ii;i after thedec*
t i*ii t convenient, cast Its for priority
■! coanmhaoß and certify the result to
the governor, win shall issue their com
missions in accordance therewith
* v I*. The judge* of the supreme
art audthe ju'lgi - of: ' • -ra!t ;*
til -tl p'l as. . • • ■1" j;. g- s
• <quired t*i lit* 1- ain lin tiie ia-v. -a.-.h
u stated tutus, i ceiw for f < ;r .- r
- . *es an a \ quale c 'injvMsati >; . who ;i
- ell Ik tix-d by lew and paid by lh.
*t.it'-. '1 .-*. sp II tVC-'-VrUHi t ii'l' I'i'lli
p :: i.. i-. trv> t*i perquisites ot office
ir tiiet *.-tvices from any source n r
.a id an* oth<*r otlice of profit under tiie
United "Haus. this state or any other
"'*: 19- The judges of Ua s-.tpreiv.e
" ;. t. during tie ir continuatice in of
fice, roioc within tins eommoD
veaitu; and the . ;iar judges, during
,: ■ ontir.naiav <•:..'•**. *.;.,il re-.-ic
wi- : .in the d:>t;*ics-f ir which they shad
lv r spectively vbvted.
* 39. Th*. *• v( ;al Courts of com-
Un*n -it;.*. t- -ale* the lowers herein
conferred, shall have and tifcroat witn
in their reßpective districts, subject to
-ui !i ehangis as may lv made by law.
meb dsn jpm is ssare now vested
by law in the several courts of comiuon
picas of this commonwealth, or as may
hereafter be conferred tqvn tin ui by law.
21. No duties -hall be imposed i>y
law upon the supr me court or any of
the judges thereof, except such as'are
judicial! ne; shall any <-t the judges there
of mwis any poorer of appointment ex
cept a* herein provided. The-court of
nfoi prius is hereby abolished and n >
OOOrt of original jurisdiction to be pre
sided over by any one or more of the
supreme court .-. .11 lv established.
no ±2. lii every county wherein the
population shall exceed one hundred and
fifty tbc<usaiidthe gem nil assembly shall,
ai d it: any otiier c uuty may. est iblish
a -epjtrate orpliars" cunt. t> e* n-i-t of
one or mem judges who sbafi be toarwad
in rise aiv . wfiicit curt xetcise air
tf e jiii;-I;tftmu and ;s\vers now v.-rol
in, i-r whi - ii:ay In ;*-.i*er be c-aufejTrti
i • :l the phaiss' coui s. -ad tie re;q
--i tae jurisdlctkHi of tiie judges of the
court nf mammon plessw ithta suck *.s*us
--ri-.;.."* ■ -:r-* ci ..; preL ii
cease um! detuiuiiße; ii. any couti m
wkieka wmimlb apMos'c • .%•; ilafl •
• ffilfism tae register <*! wii's s..a.i U*
iii is 14 >•; is ssssl and sol tto itsdi
*.. .t: -i..
i . ;. c iii.iy a.-t-i.-tan! v.- ..% -.
but only witb tiie (nisem ttSd apt-rovai
< t Niill COI -t. Ali .UdiUiS r.4i\i Wl.ii
him as n-gister era*~ ekxfc of the said
*e;er; .u *"|i; -"•**:; t ? ..ii iea-.-fUn!
y ;* \ . * ** .- >
. •* . . |l>. : . i S Iti i .V : ■ I • > K
j. K ■mi w vCt• iitti its X- ll*iC
auditor whom the court may. in its dis
cretion. appoint. In every county or
phans'courts shall possess all the powers
and jurisdiction of h register's court, and
separate registers' courts are hereby
abolished.
Sec 23. The style of all process shall
be "The Commonwealth of Pennsylva
nia." All prosecutions shall be carrier!
■ on in the name anil by the authority of
the Commonwealth of Pennsylvania and
conclude against the peace and dignity
of the same.
See 24. In all cases of felonious homi-
S eide, and in such other criminal cases as
may be provided for by law, the accused,
after conviction and sentence, may rc
! move the indictment, record and all pro
ceedings tothe supreme court for review.
Sec 23. Any vacancy happ-iiing 1y
death, resignation or otherwise, in any
court of record, shall lie filled by appoint
ment by the governor, to continue till
the first Monday of January next suc
ceeding the first general election which
shall occur three or more months after
the happening of such vacancy.
Sec 2H. All law - relating to courts shall
be general and of uniform operation and
theorganizatiQii.jurisdiet ion and powers
of all courts of the same class or grade,
so for as regulab d by law. aml'tlie force
and effect of the process and judgments
of such courts shall he uniform: and t lie
genera! assembly is hereby prohibited
.from creating other courts to exercise
the powers wsted by this constitution
in the judges of lite courts of common
pleas and orphans" < ourts.
Sec 27. The patties, by agreement filed,
may. in any civil case, disjieuse with
trial by jniy. and submit tin* derision of
such case to tae court having jurisdic
tion thereof, and such court shall hear
and d*t< . laine the same; and the judg
ment thereon shall lie subject to writ of
error as in other exist s.
ARTICLE VI.
Impeachment and Removal from
Ojfice.
See 1. The house of representa
tives shall have the* sole power of
impeachment.
See 2. Ail impeachments diall be
tried by the senate; when sitting for
that purpose, the senators shall be
upon oath or affirmation; no jwrson
shall he convicted without tie con
currence of tw -third-, of the mem
bers present.
See 3. The governor and li other
civil officers shall he liable to im
peachment for any mis leineanor in
office, but judgment in such cases
shall not extend further than to re
moval from office and disqualification
t<* hold any office of trust or profit un
der this common wealth: the person ac
cused, whether convicted or acquit
ted, shall nevertheless be liable t<> in
dictment. trial, ju Ignu id and punish
ment according to law.
See 4. Ail officers shall hold their*
offices on the condition that they he
have themselves well while in office
and shall IK* relieved on conviction
of misbehavior in office or of any in
famous crime. API ►ointed officers
other than judges of the courts of r. -
cord and the superintendent of public
instruction, may be remove*! at tiie
pleasure of the powei by wliieii they
shall have been appointed. Al: of
ficers elected by the j 1. • xcej.t
governor, lie utciu.nt governor, rneiu
l>. rs of the general assembly and
judges of the courts of record, learn
e i in the law. -hall be removed by the
governor for r as. nable cau-c. after
due notice and full healing. <>u the
address of two-thirds of the senate.
ARTICLE VII.
Oath Ojrice.
See 1. Senators and rcpresci: a
• tives and all judicial, state and coun
ty officers. s|,all. iictore entering < n
[ the duties of their respective offices,
take and subscril. • tli following t-utfi
; or affi elation:
"I do solemnly -wear (or affirm)
ii. .' 1 will s ;ppm;. , a-e i ••• ~ .
the constitution of the lnited States
an 1 the constitution of this common
wealth, and that 1 will di-cn *rge the
duties of my ofliecwitii fidelity: that
1 have not paid or contributed, or
promised to pay or contribute, i .t
ear directly or indirectly, any mom .
of other Tumble thing, to procure
my nomination or el etiou tor rc
{■•.'intmeui xccp r •• n* -c-sarv a:.d
proper expenses exj r. ssiy authorized
by lev; that I have i.ot knowingly
violated any ejection law of this com
monwealth, or procured it to "bed* n-.
by o! er- in my '••••half: that ( will
uot knowingly receive, directly, or
indirectly, any money or other valu
able thing r the performance or dub
performance of any act cr duty per
taia'ug .o my office. othei than the
compensation al owed by law."
Tim foregoing oath si j ,i be admin
istered by some p. i s,n au* -orizvil to
administer oaths, an lin tlit* case of
state officers and judges of the su
preme court, shall be filed in the of
fice of the secretary of the common
wealth, and in the case of other ju
dicial and county officers, in the of
fice of the protuonotaty of the count v
in whieh the same is taken: any jar
son refusing to take said oath or af
firmation shall forfeit his office, and
any person who shall bo convicted
of having sworn or affirmed false!v.
or of having violated sai 1 oath or
affirmation,shaS !*• guilty of perjury
and Ix- forever disqualified from hold
ing any office ot trust or pr -fit with
in this cbnuaon wealth. The oath to
the lueniK-rs of the senate ami house
of representatives shall lx* aduiit.i>-
tered by one of the judges of the
mpiMUi court or of a court of com
ix. a plena, learnt I ii. the law, in the
hall of bouse to which the mem
ber- shall IK.* clrett-'.
ARTICLE VIII.
Snfrage and Elections.
S*.o. 1. Every male citizen twenty
one JSUI Oi' ;.gv. i --- -- kg the fol
lowing qualifications, shall lie mtillfd
t- 1 v • to .-!i elections:
f irst. He shall hare been a citizen
<■ .t: I nitc at least >r.e
month.
Second. He shall hare resided in
the -'ate one yea: :or if. having pre
viously txyi a qualified elector or
L..t iv, ls.ru citizen of t, e suite, he
shall have removed therefrom and
: returned, then six months) immedi
ately preceding the election.
Third. He shall have resided in
the election district where he shall
otter to vote at least two months im
mediately preceding the election.
Fourth. 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 fponth before the election.
Sec 2. 'l'he general election shall
be held annually on the Tuesday next
following the first Monday of Novem
ber. but the general as.-embly may by
law fix a different day. two-thirds of
; all the members of each house con
senting thereto.
►Sec 3. All elections for city, ward,
borough and township officers for
regular terms of service, shall i>e held
on the third Tuesday of February.
Sec 4. All elections by the citizens
sliali be by ballot. Kvery ballot voted
shall be numbered in the order in
which it shall be received, and the
number recorded by the election of
ficers oil tile li-tot voters, opposite
the name of the elector who pri -cnt
the ballot. Any elector may write
his name upon his ticket, <>r cause
the same t<> be written thereon and
attested by a eitizen of the district.]
T.ie election of lie rs -dad In sworn
oi affirmed not t> d.-e! ' ; e iiow any
elector shall have voted uiile-s re
quired to do so as witnesses in a jn
rlieial proceeding.
Sec 5. Flectors shall in all cases
except treason, felony and breach or
surety of the {i.-ace, be privileged
from arrest during their atteti lance
on elections and in going to and re
turn ing therefrom.
Sec fi. Whenever any of tin* quali
fied electors oi' this commonwealth
shall be in actual military service,
under a requisition from the Presi
dent of the Fnited States or by the*
authority of thi- commonwealth,such
eh etors may exercise tin* right <1
suffrage in all elections by the <-iti
zen-. muter such regulations a- are
or shall be j rcscrilnil by law, a - ful
ly as ii tiicy were present at their
usual places of election.
Sec 7. All last's regulating the
holding of elections by the citizens
or for the registration of electors
-iihil be uniform throughout the state,
but no elector shall be deprived of
the privilege of voting by* reason of
his name not being registered.
S- e s. Any person who shall give,
or promise or offer to give io an elec
tor, any lnom v, reward or other val
uable consideration lor a;- vote at ail
election or for withholding the same,
or who -hall give or promise to give
-i:eh e msidi ration to any other p.-r
--s<ii or party such eb*ctoi - vote, or
for the withholding thereof, and any
elector who shall n-ccivc or agree to
receive. for himself or for another,
any money, r* ward <*r other ralnhie
consideration for his vote at an elec
tion. or for withholding the same,]
shall ihereby forfeit the right to vote
at such election, and any elector
whose right to vote shall be chal
lenged for such cause before tlieelec
tion officers shall be required to swear
or affirm that tne matter of the chal
lenge i- untrue before his vote shall
I-e fee. '.ved.
SicT'. Any person who shall, while
a candidate for ollh e, be guilty of!
hrilterv. fraud or willful v iolation of
any election law, shall be forever dts
• ( laiifi i from feu ling in .-illof
trust or profit in this comtnoi weal
and anv jK-rsi n couvictwl of wiiiisii
violation of the election laws, shall,!
in a idbb .; to any }> uaitie- pr vhh-b
1 \ law. be de| r vol of tin light •,
si;;lV ,gc absclu t !y lot a term of tour
y car-.
Sec i". In trials of contested c-le -
lions, and in proceedings f: the in
vestigation >i elections, no person
-fail e|> I'iiiitted to wil hiiold t
timony upon ii. ground that it v
criiuinate ui n-eif or -übject ibm to
juis.lt im'tiiiy : but siic-.i Tvstiiie ' .
-ic.ii .i *t af;eru ir is Ik- u-. ■ i ;;ga:
him in pay judicial proeeediug, x
cej i for peijury in giving such u-ci
iiioiiy.
Sec li. T. w ( ;r..ip. ami wards of
cities or boroughs shall form or 1 v
dtvided into lection districts of com
pact ;e.i ronlig.'i. is* i ri'.ory.in MS-.:,
manner as the court oi quarter ses
sions of the city or county in which
the same are located may direct: but
ui-tri< :- is. eiti< - fo". ■■ >':<• . i:. > •
thousand inhabitant - shall be divided
by the cou* t--of quartci m— .on- iutv
ing jnrissliclion therein when vei t
the next preceding eh clion more than
two hundred and fifty votes -hail
have been {> 'lb-i tueiviu; ami oiber
election ilistn'-;- v-n never tie court
of the proper county shall r.e of o;an
ion that the convenience of the elec
tors and the public interests will be
promoted thereby.
Sc 12. All elections by persons i_
a reipres* ::t..ti\ e capacity shall be
viva voce.
.Sec 13. For the purpose of
no person shall be deemed to hare
gained a residence i y reason of iu
presence, or lost it liy reason of his
absence while employee I in the ser
vicc. either civil or military, of this
state or of the United nor
while engaged in t":c navig-ition of
the watv.- f the or *1 t .e Uni
tct'i states, or oa the high seas, nor
while a student d any lustitution of
learning, m while kept in :y j-s-r
hou-e or any a-ylu.n .it j u be x
{x-n-**. nor wiale coiifiii. l in pui•lk
prison.
>ec 14. District ejection boards
shall consist of a judge and two in
spectors, who shall be chosen annu
al! v the citizens. LY.ci; elector
si :it b;*.\e be ! gut '.•• VviC for the
judge and one inspector, ami each in
elector shall appoint one cierk. The
Lr-t election Ward fr any new dis
liiCt LC nit '..a. .UjU VitJli.'.is
%
in election boards filled as sfaAll !>**
provided by law. Flection otlieeis
shall be privileged from arrest upon
days of election and while engaged
in making up and transmitting re
turns. except upon warrant of a court
of record or judge thereof for an elec
tion fraud, for feiony. or for wanton
breach of the peace. In citu- they
may claim exemption from jury duty
during their terms of service.
See In. No person shall la* quali
fied to serve as an election officer
who shail hold, or shall within two
mouths have held any office, appoint
ment. or employment in <r under the
government of the l uited States, or
of this state, or of any city or county,
or of any municipal board, coinmis
; -ion. or trust in any city, save only
ju-tiee- of the peace and aldermen,
notaries public, and persons in the
miiiun service of-the .state; nor shall
any election officer be eligible to any
civil office to be filled at an election
at which he shall serve, save only to
such suliordinute municipal or local
offices below the grade of city or
county offices a.s shall IK.* designated
by general law.
Sec 16. The c mrts ofcomra6n | !< as
of the several counties of theconunon-
Wi alth shall* have • ower within tueb
1 5 1
rc-peetive jurisdictions to apj iut
; ovtrsi-t-rs of election t<> sujiervis, ;he
proceedings of elect-ion officers and
to make report to the court as may
in* required : such ajq:oin!nu-nt.s f .b
mad-, tor any district in a city o; couu
y. upon petition of live citizen-, law
ful voters of uch election district,
-i ing forth that such appoi. tinent
-are.-- nab!. precaution to secure
: the puri.y an I fairm 89 of elections;
-overseer- shall Ik- two in number for
an election district,shall be resulcnte
therein, ami slt&ll be persons qualified
TO serve upon electlou boards,and HI
each case iiH inlx-rs i f diff rent polit
ical parties; whenever the members
! of an election board - rill differ in
opinion, the overset r-. if they shali IK
agreed thereon, shall decide the ques
tion of difference; in appointing
overseer- of election, all the law
ju ige.s of tin pre per court, able to act
at the time, shall concur in the ap
pointments made.
See 17. The trial ami deti imination
of contested elections of electors of
president ami vice-president, mem-
U'i's o| the generai a--einbly . and of
all pubfi. etiirci -, wht tner state, jn
• iieial. niuiiieipal or locai. shall In* by
' the courts of law, or by one or more
of the 1 iw judges then of; the gi r.eral
Assembiv shall, by gctn-j-ai law. des
ignate die collitsaudjuduis by whom
t:.e -i verul clas-e- of elect ion contests
shall be tried, ami regulate the manner
>f'trial and Y! ma? ? cr- incident there
to; but no such law assigning juris
diction, or regulating its t xercise,
-nail apply to any contest ari.-ing
out of ail electii.Mi laid before its
passage.
ARTICLE IX.
7a.rati and Eincncc.
SvC. 1. All taxes sis: !1 IN* uniform
upon e same class of siibj -els with
in the* territorial bmits of tiie author
ity levying the tax,and shall be levied j
. and collected uudergeneral laws; but,
the gen? ral asst-naWy may. by general!
[laws, exempt from taxation public
property used t'< • public purposes,
actua| places <■{ religious worship,
' placi - ot ! nri 1 not u-< ' or held for
prive.te oi i-oi p .rate }•!• fit.ami in-ti
tutions - f purely j ablie charity.
See 2. All laws* x* mpting property
from rd n,other than the proper
ty above enumerated, shall he void.
Sec 3. 1 !.►• powei to tax corpora
tious andcorj < rate pr< p*. rt v shall oot
be -urie:.'.cred or -..speicied bv anv
contract or grant to wiach the state
-iiaii bf., irtv.
Sec 4. No debt shall be created by
•-" ot; \ v-HT.tf "f !...• state CX'il t<'
-* , i*-\ : :• . vie l ..* *ci: f "i -• l i'l '.'i i l '
repel invasion, suppress insurrection,
defend the war,or to i ex
istirg deland 'a.* debt create*! to
-apply .11 r. V line s : li
in ver .x • •! in tin- __i* a; any
h< Hi ii.i.u lioiln;*-.
►XV '}. Ail 1:1 - ;; Ut i.* • IZI UIT ■ tav'
i- rr* wh gof money b ami on beltalf
ft e State s! ;H f\ t...' J.lirp'-e
I' m which the mouey is to be used, an I
tin.- mom v so borrowed shall in usetl
for tiie purpose specified and noot .er.
S c 6. The credit '<* toemuumon
w si-rdl not be pledge*! ot loaaetl
.-.i.y in \:i* : .. iii.paL* . ■■ :
Lion • * as-xi itb,.n.
Bee 7. The general assembly shall
u.>t authorize any county, city, bor
ough, towushipoi incorporated <f
tnct tu become a sbt*kie>l<ler in anv
company, iHSocialion or corporati* n,
or to obutin or to aj j rxj>: ••*.e lui-n v
brer to loan its crefiit to any corpo
ration, institution or indiviftuul.
Bee >. The deb; .if any county. e.t\ .
borough, township, sehool disttiet • r
other munieijtality, or incorj o:ated
district, except an herein provided,
shall never exceed seven jser tentuiu
UJUjII the v'--e'.l vaiuv t: X: '
(property therein, nor shall any mur.i- i
capaiity or district incur any new debt
or increase it.- indebtedness to an
amount exceeding two jer centum
U{K>n such assessed valuation of prop
erty without the asseut of the eiect
or> thereof, at a public election, in
such manner a- shall be provided by •
ij'n but any city, the •!• bt ot which
now t xcee-.i -seven perccntum of such
ar~rv.--.-d v.iluarion. nay ' eaut.: -riz.-i
bylaw to iii;.-rc<-e t: e sa:><e t re-e j*r
Centum in tire aggregate at any time <
uj.-on such valuation. ,
Bee y. The commonwealth -hall i
not assume the tleb;, any part i
thereol. of any city, cxmntv,
nrfoirmhip. nnlrni -a<.u debt ffi
have been contracted to the"
to TeJ#-.': in*:;-i -ui ;*r. -iix
mesiic iiisurrecti n, defen-.i itself in ;
time of wa. or to assist the stitte in
the discharge of any portion of its i
present iuucbtcdite-as. ~
Six- 10. Any county, township,
s hool district or other municipality
incurring any indebtedness, ahull. ;it
r before the time of so doing, provide
for the collection of :ui annual tax suf
ficient to pay the interest and also the
principal thereof within thirty years.
! See 11. To provide for the payment
of the present state deht and any ad
ditional debt contracted us aforesaid,
the general, assembly shall continue
and maintain the sinking fund suf
ficient to pay the accruing interest on
such debt, and annually to lis luce the
principal thereof by a sum not less
than two hundred and fifty thousand
dollars; tin- said sinking fund shall
consist of the proceeds 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 com
monwealth, together with other funds
and resources that may be designa
ted by law. and shall be increased
bom time to time by assigning to it
any part of the taxes or other reve
nues of the state not rcquiivo for the
ordinary and current expenses ofgov
orniuent; and unless in case of war.
invasion or insurrection, no part of
the said sinking fund shall lie used or
applied otherwise than in Lite extin
guishment of the public debt.
Sec l:.'. The moneys of the state,
over and above the nece -sary reserve,
shall be used in the payment of tin
debt of the st ite, either directly or
through the sia.v iig fund, an ! the
moneys of the sinking fund sh. ll m v
er be invested in or loaned upon the
securix of myti.ingexcept tiie Ifon Is
of tlje Uni ed States or of tnis -late.
See I>. Tile moneys held as nee-s.
San rest ive shall b - limited by 1 ,\v
to the amount required for current
exjten-e-. and -hall lie secured and
kept as may be provided by law.
.Monthly statements shall he publish
ed fallowing the amount of such mon
ey-. where the same are deposited,
and lew secured.
See It. Y :e 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 < >r
mem Iter or office l ' of the general as
sembly. shall be a misdemeanor, and
shall be punished n> may ie |rviI -d
by law. but part of siieii puni-hmciit
shall be a disqualification to bol l of
fice for a period of not less than fiv.-
years.
ARTICLE x.
Education.
Sec 1. The general assembly •11
provide for tin-man teiinnccand sup
port of a thorough and ellicient -ys
t in of public schools. wherein all the
children of tru-commonwealth akvc
the age <>f six years, may lie educated,
and shall appropriate at les-t one
iii.iiiou dollars each year foi chat pur
pose.
See 2. No mom y raised for the sup-
I'oit of the public s-iioiiboi't he com
monwealth s.iall be approp. i.,ted to
or u ed for the -upport of am secta
rian school.
S< e -J. \Vomentwenty-oaeyears ofi
[ age and upwards shall b - e-t?^iiu- t<>
any ll.ee under the - i,u< . ; ..ws of
this state.
ARTICLE XT.
M '.in.
Sec 1. The freemen of thi- eorn
mohwei Ith shall heArmefi.org tsiz
and discipliin d lor its defi i,s,, M ut-n
and in >tieii maimer as may lie direct
ed by law. The general :•—emblv
- ;ao provide for uiaii:: .icing the ;> i
'if- ' y appropriation- from in treas
ury i s the commonwealtli, and may
i. x. mpt from military a rvioe persons
having conseießlious scruples against
bearing arias.
ARTI* . xn.
I'aidu (A' ; f < /•-.
v 1. Ail •>!.;. W.i . - - -tec", oil
I-!I t pr vi USL FIN ill THIS C MstttilLi B
Sec 2- .Voißemk rofeotigrcss from
--. V, i: :ili\ i:■ :' - :i ~ ;•.! t; • •!*
•X- I ' -I'.g a; ". Sic.- o~ pj- Uf. st
.
25 ••-.' *• . iklSli- fll ; ..* t* ' i . It 1
ex. re;-=' any • slice u tins state to
.
tie. - al* m.j -liia- .
Sec h. A • son =•• light
a >iii I or .* a ■ •; <-,.-..j for that
!> rj.o-c, t-r b.- a-r • r r in
i.g iig a mashall be iot
the ofboklu _ anv • •, ofi
or or prolr. ,u to - - ate, an i m t
otliß|rise I mushed a> si qII < t - p.
-enU-! !>y .aw. •
ARTICLE XIII.
A- a" i ' >.
See 1. No new cotmt v shall *ik- t-s
--tanhsbed which siiall re-luce auv
county to less than four hundred
squarejnrilcs, or to lem than twentv
t ousan-1 iii iai.itant-; nor snail anv
county be formed of ima ur> a. or con
taining a leaa populatioa, uor shall
any line thereof pa-.- within ten mile
of tiie county at > f any ccunt v pro
posed to be divided.
ARTICLE XIV.
County Officer*.
>ec I. County officers shall eonsit
ft sheriffs, cor an rs. prothonotaries.
regi.-t.-; < ot wills, record. 13* Of k
oomm - in eyoro,
T>. or - at. d -. .-i.:ks f tne
courts, dietrtet and aush
o .i from tisiic to time tc
e-:..! i.-u- d i.y ..*1 . and ro ii! • r
TN MUCH shall betl ...• i tat the tens
next siiceoiiGg ti;e jne t> wic.cli he
may i*; eltctid.
ISeu i'-or.ty office * sbuil be d
ectw® the gewwal elcetioau,
ol ix: I *ia r ;. .r •.... ivrm , .
tbcce yesun, i-gii.ni'ig on the ;i:-t
Nloii ivy c-f .lanuan u> xt after their
t -en. and until tUsr rrimnsi
aha*l amy qualified ; aii Tacaaciee
not otlionv ~, pr „ v ■
hde.l m sin;:, f " -. I
vide Iby law. J> |
Sec :i. No IH-IVHI si,.. -
ef l to any olliee *\ { J
who shall not
an inhabitant therei,. |
be tore his appoiiiti, 1( . lt , ■
shall have la-en so | ( , !l r '
if it shall not have
cdfthen within the linff.", ft
or counties out ofwbi..-''i 1
been taken.
Sec 4. I'rotlionotarieK
courts, recorders of ,t , S
of wills, coimtv sun,., H
ills sliali keep the.roff', . I
ty town of the county Si
ies|K-ctii ely shall k-'oti fl
See;"). The coin p. M . •
officers shall lie regul : ,- I
and ail county 01ti0,,,.. v
may be salaried -hall
which they tnav beaut ' I
ceive into the treasury
or state, as may k <li r , I
In counties eontaiiiii;,,. „ v I
died an-' fifty tliou- tn,| I
all county officers
salary, and the -alan , I
titer and his clerk-, kv,• I
by fees, sliall not i N ~
grate amount of fees,,, H
liis term and coileet ,1 i,. ' 1
Sec Tee gene;... ...
provi.ie by law for the sti
ability of all county. • H
liorough officers. a-> v.
which may U- eolk
for all public or miiui |Jj
which may be paid tot ~ I %
See 7. Puree < '> >ii' •' I |
ers an i three count \
IK- elected ill , ae:, ;>
I
thou-and eight hull r,-
five, and every third r.m
and ill ttieel-a-tion ot-ai i
quahtieiit lector shall von
than iwo pei-■ ns. . I
- ins ha\ ing tin I
votes shall he fleet, 1; • :
cancy in the ofiicx* ofcotr ,
siotn ror county anditi r - ,
*ml by the court of >■ <min ,
the county in wliie.,-., , V;i
occur, by tiie appointm • j
t<ir ol tiie proper count; ,
have voted for tin- , .
auditor whose place .
ARTICLE XV.
Cities ond ( ,ty i
Sec I. Cities may U
whenever a majority oft:.,
any town or kroiigh ha -
lation >if at least ten thor
v-U- . t any general etc-ti L
of tut same.
S, • g. .Nod, bt -iuii - i rr-I
: liability incurred h\ •..
■
I
therefor by the mun ; . . I
meet.
I
I
piedg- 1f > tiie pay me.. I fl
< d debt.
ARTICLE XVI. I
Prtrcie C'lrjoi
■
grants of special ,x • •-
lege-, til) e-I wii'.cil Ii ,!i-. ii
ization shali not Lai- taken ;
bu-iiie-- Collitiielic-'i a* t
t. e adoption of ti,.- •>•! -* i
siiall thereafter have n > ,
s c 2. i h l.e: is
not remit the forft-i' M , >-: ; ■
;• r , f any cot |*ratioii u
or alter or amend tie -una. !
any i-tiier general or
■ ' It, : t 1 -tie!; ■
> ist .econditiont, at-u
-ii. il tle.-r, aftertiol . its,-
i - tite provisions ol tii>< ■ •
?5t C •}. 1 tt>- eX if;-c
eriiim nt in
: ; :. _e : ,r - • -
\ • tit t:ie ic-s-m
Cl'.pi-.'ly wf ;:< 1
)■-. ..i . . . —•i j•• ...
.
OS ,i\ liU slfa; all- :.- • \ .
police power of the st;
•> -_c; • i-s ■
nif. c*r[H,rat.-'ii-1 •
ti -- i'-l -t|'\,
'• it' r.f ii' u.
_
Sve 1. in all , >•'.
or !i)a!l:g I 1
int tuber or st,-.; .. >;
whole num. t, >. -
c -1• ,1 iate. o: ■ • - .
two or Us- n- c ITI
pribr.
- > : 11 : v lid.s.;. •>
• :
bu-iut-s . and autii tz
agents in t:,e same. :> ' K - ;
cess ra .v b.- -erved.
Sue No corpora i nst
in any bronew other
pie— |j autborized :B - '
shall it take or iioid > ■
except neb as may - *
proper f<r it - legi-ita
S e 7. N'o e,-.
stocks or k'.icl- exc
or laix>r tione, or in>
actually received;
increase of stock or in
corporations -iudl n< ' •
except in punuaace " -
nor without the c- n-c '
sons holding the lsrg> r.i u {
ue of the -Ta-k L ~t '
i . •- ' dig to is ;
notice given in pur- -
S"- s. \;
ri! ; ....
i;.c- privil .": ;.
crl\ for public u- -*
C: SCIK ii-Utioll f.r
jnriai or de-troy>o
lion or Cfiiwrgcut •
highways or w t : ■ ' J
mpanuti qaUal i
lei'o|e s ... t: '-. --
tion. ILi _> :> •- :>"'
by j*•.->;; . -,i from d
Nt of an t pp.-; i fn * a