The Montrose Democrat. (Montrose, Pa.) 1849-1876, December 03, 1873, Image 4

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    SEC. 12 In l't Idelphia there shall be
established. for each thirty thousand inlisbitants,
one court not of record,of poke and civil causes,
with jurisdiction not ext.:stetting one hundred dol.
lays ; such courts shall be held by magistrates
whose term of office-shall be fivoyeartond they
shall be elected on ageneral ticket by the quail.
fled 'nacre at large; nud in the election of the
said magistrate tnt voter shall vote tar mom than
two-thinls of the number of persons to be elec
et:, when more than one are to be chosen ; they
shall be compensated only by fixed salariesvo be
Fnid by said calmly; and shall exercise bitch
nsdiction, civil and criminal, except as here- .
provided, as Is now exercised by aldermen,
subject to such changes, not involving an in
crease of civil jurisdiction or conferring polit
Ica] duties, as may be made by law. lu Phila
delphia the office of alderman is abolished.
SEC. 13. All PTA , . fines and potful. ies in
said courts shall be paid into the county treas
ury.
SEC. 14. In all on.es of summary con
viction In this Commonwesithor i,•l meat in
Suit torn penalty before a magistralesor mart no ,
of reconteither tarty may appeal to such court
of record as may be prescribed by law. upon al
lowance of the appellate court or judge thereof,
upon cause shown.
SEC. 15. All judg-s rrittintl lobe learn •
ed in the law. except the jeclges of the Supreme
Court, sloth be elected by the qualified electors
of the respective districts over w Melt they an• to
preside, end shall hold their offices for the period
of um years, If they shall so long behave them
selves well; hut tor nay rcessnable cause which
shall not be sufficient ground for impeachment,
eh- Governor may remove any of them on the
address of two-thirds of each house of the Gen
eral Assembly.
SEC. 16. Whenever ten jog] zess of th,-
Supreme Conn are to be chosen for the same
term of see ^ • • s-eer shall vote for one
only, and when three are to be s., „i,„11
vow s.r no mon than two; candidates highest
in vote 811:111 110 4.1,1.1/Cd elected.
SF.O. 17. Sinoti.l :ttty two or more ju.11,..-
es of the Supreme Court, or any two or 'pore
judges of the Court of Common Plesse 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 cer
tify the result to the Governor, w h o shall issue
their commission in accordance therewith.
'Sec. IS. The judges of the Supreme
Court and the, judges of the several Courts of
Cnmmon.Pteas. and all nth. r judges required
to be learned in the late, shall, at stated times.
receive for their serviks an adequate compen
sation, which shall be fixed by law and paid by
the State. They shall receive no other com
pensation, fees, or perquisites of office Sir their
services firm any soutre, nor hold any other
office of profit under the United States, this
State, or any other Suite.
SEC. 19. The judge,' of the Snprem•-
Court; during their continuance in office, shall
reside within this Commonwealth: and the
other judges, during their continuance in offi
ce., shall reside within the districts for which
they shall he respectively elected.
Sire: 21). The severAl c..orts of Coin
rnon Pleas, besidrs the powers herein conferred,
shall have and exercise within their respective
distracts, subject to such changes as may be
made by law, such chancery powers as are now
vested by law in 9n:several Lottris of Common
Pleas of this Commonwealth, or as may here
after be confened upon them by law.
SEC. 21. No datie•s Abaft be impiised bv
law noun the Supreme Court or any of the
judges thereof. except such as are judicial, nor
911311 any of the lodges thereof exercise any
power of appointment, except as herein provid
ed. The Court of Slot Prins is hereby abol
ished, and no court of original jurisdiction to
he presided ercx by any one or more of the
jnilges of the Supreme Court shall be establish
ea.
SEC. 22.. In every county wherein the
population shall exceed one hundred and fifty
thousand the General .I..swanlily shall,and in any
other county may, e,tabli-h a semi rai e °rpm.,
Court, to consist of one or more judges who
shall he learned in the law, which court shall
exercise all the jurisdiction and powers now ves
ted in, or which may hereafter be conferred up
on, the Orphan.' Courts, and thereupon the
jurisdiction of the judges of the Court of Com
mon Pleas within such comity, in Orphans
Court proceedings, shall cease and dertermine:
in any chanty - in which a separate Orphans
Court shall be eqahli.lied the Register of Wills
shall be clerk of such Court, and sal jest to Its
direction in all matters pertaining to his
he may . appoint assistant clerks, but only with
the content and approval of said court. All ac
counts filed with him as rtazister or as clerk of
the said separate Orplim.' Court shall be audi
ted by the Court without expense to partie.,ex•
cept where all parties in interest in a pending
proceeding shall nominate an auditor whom the
court may. in i ts discretion, appoint- In reel)-
county the Orphati's Courts shall possess all the
powers and jurisdiction of a Register.' Court,
and separate Register's Court, are hereby
abolished.
SEC. 23. The style of all pr ,e, ! ss shall
be "The Commonwealth of Pennsyvani." All
prosecutions shall he carried on in the mune
and by the authority of the Conamoawealth of
PennsylvAnia, and conclude against the peace
and dibitv of the same.
SEa. 24. In all cases of felonious
oeloe, and in such other criminal castl; us
- be provided for by law, the accused, atter
Oit
ta viction and sentence, may remove the indict
ment. record, and nil proceedings to the Su
pre,- tr".trt htr review.
SEC. 25. Any vacancy happening by
I...ignalno.. nr ones L.., ill sue court 15
record, shalt be filled by appointment by the
Governor, to continue till the first Moo.lay or
January next succeeding the first general elec
tion, which shall occur three or more months
after the happening tot such vacancy.
SEC. - 21 i. All laws rodattbg to courts
shall be general and of uniform Openttion, and
the organization, jurisdiction and powers of all
courts of the same class or grade, so far us regu
lated by law, and the force and - effect of the
proeess and judgments of such courts shall be
uniform : and the General Assembly is hereby
prohibited from creating other courts to exer
cise the powers vested by this. constitution in
the judges of the Courts of Common Pleas and
Orphans' Courts.
SEC. 27. The pyrti•w, by agre..ment
fded, may, in any viral-awe. dispense wit', trial
by jury, and submit the decision ot F uch easel()
the e_mrt having jurisdiction thereof, and mach
enact sisal bear and determine the name; and
the judgm.nt thereon shun be Subject to writ
of error as iu other cases.
ARTICLE VI.
ThIPTS.ACIDIENT A.1(1) 8.8110V&L FllO3/ OFFIt.I3.
/SECTION I. Tice "lowa of Repreo , o
tatives (Mall bore the Bele power; of Impeae.B
meet..
SEC.': 2. All impeachments shall be
tried by the Senate; when sitting for that pnr.
pose, the Senate's shall be upon oath or uffirnia
lion no person shall be covietetl without the
concurrence of two-tlards . of the members prcs
eat.
SEc. 3. The Governor and till other civ.
ii officers shall he liable to impeachment fur any
misdemeanor In Mike. but judgment in such
cases shall not extend further than to Amoral
from office and di.qualitication to hold any of
.flee of trust or profit under this Commonwealth;
the person accused. whether convicted or ac
quitted. shall nevertheless be liable to indict
ment,trial, Judgment and pinialunent according
to law.
SEC. 4. All officers shall hold their orn.
man the condition that they behave themselves
well while iwotrice, anti shall he retnuv-A on
conviction of misbehavior in office or of any in
famous mime.
Appointed enema other than judges of the
courts of marl and the 6'm:crime:a:lent of Pub
lie instruc.ion, mac be reator..d at the pha•nre
of the power by mulch they shall hare been ap.
pointed. All oflicers elected by the p.ople.-tn.-
eept Governor. Lieutenant Govelnor. tiontibets
of the General Artemide. and jailges or the
courts.of retatrd. learned' in lit law, shall be rts
moved by the Governor by reasonable eat:sr.:l
ter duet:at:ice and full hetring,on the addlesa
of two4l4lnls of the Senate.
• ARTICLE NIL
•
• - or mtvien.
SECTIte; 1. Rea:utorrunrl iformalonsje eg
and nll judicial. State, and count.- ofEcvra, Oval I
before entering on the duties of iheir respeo tee
. offices, tate and subscribe the following oath or
affirmation:
"I do solemnly smear (or ritErm) ihst I will
attort:olier and defend the Constitution or
the United Fltates 4 . n d the Constitntion or this
Commonwardth..and dun I trill diseharee the
duties of m:r office with -fidelity: that I . have
not Marl oreontributcd, or momised to zsy or
contribitte.l , eilter 'directly- or indireetTy, any
mono or gator valiant thing, to procure w.
nomination or election (or aprwintment,)except
for niresxiry and proper expenses expressly
authorized by law; that I have not knowingly
violated any election lair of this Commonwealth,
or procured it to be done by others in my be
half ; that I will not knowingly receive, direct
ly IT indirectly, any looney or other valuable
thing t e criiirmance or non-performance
of swim( My pertaining tit my office, oth
er then th i,. oisation allowed by law."
Ti.- foregoing oath shall be administered by
some person authorized to admilister oitths,and
in the e,ae of Stam officers and Judges of the
Supreme Court, shall be filed fn the office of tlig
Secretary of the Commonwealth, and in the
case of other judicial and county officers, in the
office of the Pmthonotary of the county In
which the sante is taken ; any person refusing
to take said oath or affirmation shall forfeit US
Mire, and any person who shall be convicted of
having sworn or affirmed-falsely, or of having
violated said oath or affirmation, shall be guilty
of perjury, and be forever disqualified from hold
ing soy office of trust or profit within this
' Commonwealth.
The oath to the members of the Senate and
iti,,a‘e of Representatives stall be administered
by one of the judges of the Suprema Conn or
or a coon of Common Plea-,loaned in the lattr,
in the hall of the house to which the members
shall be elected.
. ARTICLE VIII. •
SIIVPTIAOR AND ELF X 71111%
SEcTioN 1. Every !nide citizen twen
ty.onc years of age, rnme.sing the following
co:dine:Wont% shall be entitled to vote at all
elections.
First. He shell have been a citizen of the
United Stays at least one month.
Second. Ile shall have resided in the State
one year (or if, basin?, previously been a quali
fied .teeter or m.tive born citizen of the hate
amt ~ see removed therefrom and returned,
then sir months) immediately proceeding the
election.
Third. He shall have resided in the election
di,ortet wt. r. 2 he .te, I offer to vote at least two
months immediately recalintr the election.
Fourth. If Mew) two-years of are or up
w rirds.h e shall have poi wi th la two years a Statd
or county tax, which hill hive been assessed
at least iwo monthsut d paid at least one month
!before the election
SEC. 2. The general election shall be
held normally on th • Tuml ty next following
tor first Monday of Isloyember. but the General
s. , tribly may by law fix a different day, two•
thirds of all the members of each bouts con
senting threw.
tier. 3. All elections for city, ward,
borough, and tovrnship• officers, for regular
term. of servirwthall be bell on the thin.' Toes.
lay of February.
4. All elections by the citizens
shall he by ballot. Every balldt voted shall be
numb,- e I in flte order in which itshall be re
ceived, awl the number recorded by the elee
tiOn officers on the hat of voters, opposite the
name of the elector who preens the
balloL—
.tny elector may write his name upon his ticket
or cause the same to he written thereon and at
te.ttal be a citizen of the district. The election
officers shall he sworn or adinmcd not to dis
cle how any elector shall have voted nnless re
(minai to do so as witness in a judicial pro
ceeding.
SEC. 5. Electors shall in all eases ex
cept 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.
tire. s. W.,t.never 'my of the qoali6etl
electors ot this Commonwe Itit shall be in actu
al military service. tinder a requistion front the
President of the United St des or by the author
ity of this Coi tmonwealth. such electors may
exercise the right 01 stiffraf,se in all elections by
eae citizens, under such regulations as are or
-.ball be prescribed by law. as fully as if they
were present at their usual places of election.
...Lc. 7. AU laws regulatinz the holding
of elections by the citizens or fo• the registra
,iem of electors sloth be unifonn throughout the
State, but no elector shall l-e deprived oh the
tnivii.-gr of voting by reason of his name not
being registertxl.
SEC. S. lnc p.m% who shall give,,,or
nronii,e or offer to give to an elector, any mint
cy. reward or other valuable consideration for
his vote et an election or fur withholding the
'amt., or who shall give or promise to give such
consideration to any other pence' or panty for
'melt elector's vote orfor the withholding there
of, and any elector who shall receive or agree
to receive, for himself or for another, any mon
ey, reward or other valuable consideratton for
ais vote a! an election, or for withholding the
Same. shall thereby forfeit the right to vote at
~;.eit election, and any elector whose right to
vote styli] be challenged for inlet cause before
the election officers shall he required to swear
or affirm that the matter of the challenge is un
true before hts vote shall be received.
See. 9. Any p,rson who shall, while a
candidate for office, be guilty of brilery, fraud,
or willful violation of any election law, that! be
forever disqualified from holding an office of
trugt or prorit in 1144 Commonwealth; and any
person convicted of willful violation of the elec
tion laws.shallin addition to any penalties pro
vided by . law.be deprived of the right of suffrage
absolutely for a term of four years.
SEc. 10. In trials of contested elec
tions, and in proceedings for the lures
ligation of el , ..ctions, no person shall
permitted to withhold his testimony np
.n the gronnd that it may criminate
him elf or subject him to public infamy;
but eueh testimony shall not afterwarr:s
he wed against him in any jndicial pro
ceeding. except for perjury in giving such
testimony.
Ste. 11: Townships and wards of cities
r horonehs snall form or be divid.tl into
ciion disiricispf compact and Conti
4mons territory, in such manner as the
Court of Quarter Sesadons of the city or
county in wh eh the same are located
may direct; hot oistriets in cities of over
,ale hundred thousand inhabitants shall
be divided by the Courts of Quarter Ses
sions having. jurisdiction therein when
ever at the nest preceetling election more
ihan two hundred and fifty votes shall
have been polled therein ; and other el
ection districts whenever the court of the
proper county shall be ,6.t opinion that
the convenience of the electors and the
public interests will be promoted there
by.
SEC. 12. All elections by persons in
representative capacity shall be VIVA
rOCE.
zee. 13. For the pnrpose of voting, no
p-rson shall be deemed to have gained a
residence by reason of his presence. or
lost it by reason of his absence while em
ployed in the service, either civil or mili
tary, of this State or of the United States
nor while engaged in
,the navigation of
the waters of the State or of the United
;tatesoir on the high sea, nor while a stu
dent of any inoitation of learning, nor
while kept in any poor house or other:
.asylum at public expense, nor while con
fitted in public prison
See. 14. District election boards shall
consist of a judge and two inspectnrs,who
shall be chosen anomaly 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 eat ctton board for any new district
shall be selected. and iviiincies in elec
tion boards tilled as shall be provided by
to - . Election officers shall he privtleg..
ed from arrest upon days of election and
while - engaged in mating ix? and trans
mitting returns, except upon warrant of
a court of record or judge thereof fur an
election fraud, for felony, or biz wanton
tireach of the peace. In cities they may
claim exemption from jury daty during
their terms of service.
I SEC. 15. No person shall be qualified
to sorre us an election officer who shall
held. or shall within two months hive
held any any office, appointment, °rem
plorment in or under the Government of
tilt... United States, or of this Sate, or of
any city tir,emnity. Cr of any municipal
te , ard commis ion. or trust in any, city,
save only justlee of the peace and alder
men,nuti‘ries public, gad pernonri in the
militia 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 subor
dinate municipal or local offices below
the grade of city or county offices shall
be designated by general law.
EEC. H. The Courts of Common Pleas
of the several counties of the Common
wealth shall have-power within their res
pective jurisdictious to appoint overseers
of election to supervise the proceedings
of election officers, and to make report to
the court as may be required; such ap
pointments 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 appoint
ment is a reasonable precaution to secure
the purity and fairness of elections; over
seers shall be two in number for an elec
tion district, shall be residents therein,
atld shall be persons qualified to Rive up
on election boards,und in each case mem
bers of different political parties; when
ever the member 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. The trial and determination
of contested elections of electors of Presi
dent and Vice President, members of the
General Assembly, and of all public offi
cers, 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 con
tests shall be tried, and regulate the man
ner of trial and all matters incident there
to; but no such law assigning jurisdic
tion, or regulating its exercises, shall ap
ply to any contest-arising out of an el
ection held before its passage.
ARTICLE IX.
SEcrioN. 1. All taxes shall be uniform
upon the same class of subjects within
the territorial limits of the authority levy
ing the tax, and shall be levied and col
lected under general laws; but the Gen
eral Assembly may, by general laws, ex
empt from taxati m public property used
for public purposes, actual places of re
ligions worship, places of burial not used
or held for private or corporate profit, and
institutions of purely public charity.
SEC. 2. All laws exempting property
from taxation, other than the property
above enumerated, shall be void.
Snc. 3. The power to tax corporations
aud corparate property shall not be sur
rendered or suspended by any contract or
grant to which the State shall be a par
ty.
SEC. 4. No debt shall be created by or
on behalf of the State, except to supply
casual deficiencies of revenue, repel in
vasion, suppress insurrection, defend the
State in war, or to pay existing debt, and
the debt created to supply deficiencies in
revenue shall never exceed in the aggre
gate at any one time one million of dol
lars.
SEc. 5. All laws authorizing the bor
rowing money by ant on behalf of the
State shall specify the purpose for which
the money is to be need, and the money
so borrowed shall be used for the porpose
specified and no other.
SEC. G. The credit of the Common
wealth shall not be. pledged or loaned to
any individual, coinpany, corpoeution, or
association, nor shall the Commonwealth
become a joint owner or stockholdi r in
any company, association, or corporation.
SEC. 7. The General. Assembly shall
not anthorize any county, city, borough,
township or incorporated district to be
come a stockholder in•auy company asso
ciation or corporation, or to obtain or ap
propriate money fur or to loan its credit
to any corporation association, institu
tion or individual.
SEC. S. The debt of any county, city,
borough, township, school district,or oth
er municipality, or corporated district.
except as herein provided, shall never ex
ceed seven perzeutnin upon the assessed
value of the taxable property therein,nor
shall any such municipality or district in
cur any new debt, or increase its indebt
edness to an amonnt exceeding two per
centum upon such assessed valuation of
property without the assent of the elec
tors thereof, at a public election, in such
manner us shall be 'myriad by law, but
any city, the debt of which now exceeds
seven per cenimm of such ass-sled valuti
tion,may be authorized by law to increase
the same three per centum in the agzre
gate at any one time upon such valua
tion.
SEC. 9. The Commonwealth shall
not asiume the debt, or any part thereof.
or any city, county, borough or township
unless such debt shall base been contrac
ted to enable the State to repeal invasion.
suppress domestic insnrreciion, defend
itself in time of war, or to assist the State
in the dicharge of any portion of its pres
ent indebtedness.
SEC. 10. Any county, township, school
district, or other municipality incurring
any indebtedness, shall. at or before the
time of so doing, provided for the cut
lection of an annual Mx sufficient to u
the interest and also the principal thereof
within thirty Years.
SEc. 11. To provide for the payment
of the present State debt and any addi- .
tional dtbt 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 hurl
'
drtal and fifty thousand dollars; the said
sinking fund shall consist of the pro
ceeds of the saleiof the public works or
any part thereof, and of the income or
proceeds of the sale of any stocks owned
by the Commonwealth, together with
other funds and resources that may be
designated 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 insur
rection, no part of the said sinking fund
shall be used or applied otherwise than
in the extinguishment of the public
debt.
5r.c..12. The moneys of the State,over
and above the necessary reserve, shall be
used in the payment of the debt of the
State, either directly or-through the sink
ing fund, and the moneys of the sink,
ing fund shall never be invested in or
loaned upon the security of anything ex
cept the bonds of the United States or of
this State. .
SEC. 13. The moneys held as a nec
essary reserve Shall be limited by law to
the amount required for, current expen
sea, and shall be secured and kept as may
be provided by law. Monthly - statements
shell be publiehe4 ilaglying the tunottut
*.•
of such moneys, where the same are. de
posited, and how gerund.
SEC. 14. 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
ofgcer of the General , Assembly, shall be
a misdemeanor, and shall be punished as
maybe provided by law, but part of such
punishment shall be a disqualification to
hold office for a period of not less than
five years.
ARTICLE X.
EDUCATION.
SECTION. 1. The General Assembly
shall provide for the maintenance and
support of a thorough and efficient sys
tem of pub is schools, wher.'in all the
childrtc 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.
SEC. 2. No money ra:sed for the sup
port of the public schools of the COM
mon wealth shall he appropriated to or
used for the support at any sectarian
school.
Sec. 3. Women twenty one years of
age and upwards shall be eligible to any
office of eontrol or management under
the school laws of this Stale.
ARTICLE. XI.
itmerta.
SEartov 1. The treemen of this Com
monwealth shall be armed. organized and,
disciplined fur its defense when and in
-such manner as may be directed by law.
The General Assembly 'shall provide for
maintaining the militia be appropriations
from the TRasnry of the Commonwealth,
and may exempt from military service
persons having conscientious scruples
ogainst bearing arms.
ARTICLE XII.
}Timm oFFIcEns
SEcTIoNr I. All officers whose selection
is not provided for in this constitution
shall be elected or appoictal us may be
directed by law.
Sea 2. - No member of Congress front
this Suite, nor any person bolding or ex
ercising any office or appointment of trust
or profit under the United States, shall
at the same time hold or exercise any of
fice in this State to which a &diary, fees,
or perguisites shall be attached. The
Genera! Assembly may by law declare
what offices are incompatible.
SEC. 3. Any person who shall fight a
duel or send a challenge for that purpose.
or be airier or abettor in fighting a trael.
shall be deprived of the right of holding
any office of honor or profit in this Stat.•,
and may be otherwise punished as shall be
preset ibed by law.
ARTICLE XIII.
NEW COUNTIES.
SECTION 2. No new county shall he
established which shall reduce an v emit,
ty to less than four hundred spare mile,
or to less than twenty thonsond inhabi
tants; nor shall any cor.nty be formed of
less area, or containing a less population
nor shall any line thereof pass within
ten miles of Vie county seat orally coun
ty proposed to he divided.
ARTICLE XIV.
COUNTY OFFICERS.
SECTION 1. County officers shall con
sist of Sheriffs, coroners, piothonotaries,
registers of wills, recorders or deeds,com
missioners, treasurers, surveyors, auditors
or controllers, clerks of the courts, dis
trict attorneys, and such others as may
from time to time be established by law ;
and no sheriff or treasurer shall be eligi
ble fir the term next succeeding the one
fur which he may he elected.
SEc. 2. County officers shall he el
ected at the general electi:•es, and s!•ali
hold their offices fur the term of three•
years, beginning on the first Monday of
January next after th"ir election, and
until their successors shall bi dui
-
qualified ; all yacanci-s not other vie
provided for skill be tilled in such man
ner as may be provided by law.
SEc. 3. No person shall be appoint
ed to any office within any county whi.
shall not have been a citizen and en in
habitant therein one year next before hi
appointment, if the county shall hare
been so long erected, but if it . 6
hull not
have hien so lung erected, then within
the limits of county or counties out
of which it shall have been taken.
SEC. 4. Prothonotaries, clerks of the
courts, recorders of deeds, wgisters ut
wills, county surveyors, end sheriff's shah
keep their uffices in the county town of
the county in which they respectively
shall be oitcers.
SEC. 5. The compensation of county
officers shall be regulated by law, a: d al,
county officers who are or may be &Ilar.
ed shall pay all fees which they may be
authorized to receive into 'the treasury of
the county or State, as may be direcb.ri
by law. In counties containing over on,
hundred and fifty thousand inhabitant•
all county officers shalt be paid by salary
and the salary of any such officer and his
clerks, heretofore paid by fees, shall no!
exceed the aggregate amount:of feel ,
earned during his term and collectet'
or fur him.
SEc. 6. The general Assembly shall
provide by law fur the strict aceounta
bility of all county, township and bor
ough officers, as well fur the fees which
may be collected by them us fur all pub
or municipal moneys which may be paid
to them.
SEC. 7. Three county commissionerb
and three county auditors shall be elt et
ed in each county where such officers are
chosen, in the year. one thousand eight
hundred and seventy-five,and every thiru
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
commissioner or county auditor shall be
filled by the Court of Common Pleas of
the county in which such vacancy shall
ocour, by the appointment of au 'elector
of the proper county who shall have vof.
sd for the commissioner or auditor whose
place is to be filled.
. _
ARTICLE XV.
CITIES AND CITY CILSETEES
_
SECTION 1. Cities may he chartered
whenever a majority of the electors of
any town or borough having a popula
Lion of at least ten thonsandshall vote at
any general election in favor of the same.
SEC. 2. No debt shall be contracted. or
liability ineurred - by any municipal com•
mission, except in pursuance of an ap
propriation proVioasly made therefor by
the municipal government. •
Sac. 3. Every city shall create a sink
ing fund, winch shall be inviolably
pledged•for the payment of its funded.
debt. • -
ARTICLE XVL
PRIVATE COM/RATIOS&
SEcxioN L Ali existing' charters, or
grants of special or exclusive privileges,
under which a bona fide organization shall
not have takes place and business been
i i.cvd Luth at the time nr
the adoption of this constitution, shall'
thereafter have no validity.
SEC. 2. The General Assembly shall
not remit the forfeiture of the charter of
any corporation now existing, or alter or
amend the same, or pnss any other gener
al or special law for the benefit of Snell
corporation, except upon the condition
that such corporation shall thereafter
hold its &outer subject to the provisions
of this constitution.
Sec. 3. The exercise of the right of
eminent domain shall never be abridged
or so construed as to prevent the Gen
eral Assemhly from taking the propiqty
and franchisesof incorporated companies,
and subjecting them to public use, the
same as the property of individuals; and
the exercise of the police power of, the
State shall neve: be abridged or so Con
strned as to permit corporations to eon•
duct their business in such manner as to
infringe the equal rights of individuals or
the general well being id the State. t
SEC. 4. In all elections fur directors or
managers of a corporation each member
or shareholder may cast the whole ntim
berot his votes fur one candidate, or die
tribute them upon two or tnorecandidates,
as he may prefer.
SEC. 5: \o foreign corporation 8101 do
any business in this State without having
one or more known places of business,
mid an authorized agent or agents in the
same, upon whom process may he served.
Ste. 6. No corporation Khail el gage in
any business other than that expressly
authorized in its charter, nor shall it Luke
or hold ally real estate, except such as
may be necessary and proper for its legit
in ate business.
SEC. 7. No corporation shall issue
stocks or bonds except for money, labor
done, or money or property actually re
atilt d and all fictitious increase of stock
or indebtedness shall be void ; the stock
and indebtedness of corporations shall
not be iticreased . except in pursuance of
general low, nor without the consent of
the persons holding the larger amount in
value of the stock first obtained at
meeting to be held after sixty days' notice
given in pursuance of law.
SEC. 8. Municipal and other corpora
tions and individuals invested with the
privilege of taking private property for
public u'se shall make jest compensation
for property taken, injured or tl-strayed
by the construction or enlargement of
their works, highways, or improvements.
yhich compensation shall be paid or se
6.ured before such taking, hijory, or de
struction. The General Assembly is here
by prohibited from depriving any person
of an appeal from may preliminary assess
ment of damages against any such car
porst ions or individuals, made by viewers
or otherwise; And the anion it of such
damages, in all cases of appeal, shall, uu
the demand of either party, be determined
by a jury according to the course of the
common law.
Sec. 9. Every banking law shall pro
vide for the regit , try and countersigning
by an officer of the State, of all noes or
hills designed for circulation, and: ant:
ample security to the fill amount thereof
shall lie deposited with the AnditorGen
end for the redemption of such notes or
SEC. 10. The General Assembly shall
have the power to alter, ri•vuke, ar Annul
any clotrter of incorp..rat ion now 'exiet-
in and revocable at the adoption of this
nonstitution,or any that may hereafter be
created, whenever in their opinion it may
be ininrions to the citizens of this-Com-
mon wealth, in such manner. however.
that no injustice shall be done to the
corporators. No law hereafter enact, d
dutll create, renew, or china the charter
of more than one corporation.
Sue. 11. No corperate hodv to Possess
honking and discounting privileges std'
be created or or.mnized in parQuance of
any law without three months " prier ion : ,
pp 1•11(2 notice at the place 1 , 1 the intended
location, of the intention to apply for
such privile.vs. in snch manner as shall
br iweserilicifihy lan, nor shall a chatter
for such privilege he granted fur a longer
period them r wvn ty years.
Sec. 12. Any association or corporation
org,iiiiiz.ll !or the purpose. i.r any individ
nal, shall hive tlie rght to constmet Lind
maintain Imes of ti-le: z raph
State, and to Conn , et the same nit!) oth
er ; and the Cli-n et al Ai.seml.l , i
general law of on ih.rnt opera!
ith• reasontible regulations to give fail
.•ITect to this section. No telegraph com
pany shall consolidate with or hold a con
•rolting interest in the stock or }ponds of
tnj other telegraph compiny touring
competing line, or ncquit:e, by pnrchitse
or otherwise, any other competing line of
telegraph.
Su. 13. The term "corporations" 41S
used in this article, shall I.)e construed to
include all joint stock companies or
associations having stny of the p.twers or
orivileges of corporations not posessed by
individuate or partnerships.
ARTICLE EVIL
nettnnAus.Nn cAxkya.
Rcena7l. All rallrouls and canals shall be Polak
highwa)r, and nil railroad and canal colopunfes shall be
common terries An roomelation or corporation or
.onlzed for the purpose shalthsve the right to construct
and operate u rallnaid ht tweet, any points within this
.t.tte and to cobocrt at the State line unit relhostle 01
other Mato.. Every Minoan company stall have the
right whit Its road to IMerrect. Connect whit, or !Toes
any other railroad. And shall rec , Ire and tran.potl.csch
the others. passengers, tonnage. and tars, loaded r,
eoptv. wlthoot delay or ni*Crinll oat ion,
Sex. 6 2. Every railroad sad canal rorporation organic-
el in this Mote shall maintain an office therein. where
transfers or Its steel: stind he madeand whit re It• hooks
aritaii be kept for In •tscc t toat by nos rtockhold.r orercd
nor of snub corpus In which shall be recorded the
menet of capital stock subscribed or paid in, and by
rennin. the tames of the owners of its stock and the
amounts owned by them. resit, et !rely. the tenure. of
nu Id stock, and the names and places of reelde.,ce of its
tarem.
Soc. 8. All in 4vittuals, swrockaloneand corporations
shall havo.tqual right to hove persons and property
transported over railroads and canals. and OO undue or
noreastrmArie Mecriminutlon shall be made In charges
for or r,rllit les for :tramersar tar ion of blight or p
stovers within the Sutra, or combat:front or going to
any other State Persons and property transported over
- any railroad shill he delivered army station ut charges
not exceeding the charges for mnoporiation of persons
and preperly of the ri one close In the same dlrmalou to
any more-lb:Cant station; but etcrtrsiou and mat:twain.
teen tickets mar be. I.nrci At opt-riot mien-
See 4. : - .10 rot road. canal. or other corporation,or the
lessees.pirchasers, or tanager* of arty railroad - or ca
nal corporation. than rental ate the stock. praprrty,or
franchises of •uch corpnrAlonaorlth.orhoro purchase the
wanks or franchises of or to on; way cool?. any other
railroad or tonal corporation owtriogor haelnpunder its
control a pamtet nr cohapering line.ror obeli any oMr.er
of such ralinard or C 41141 corporation act as tin !tracer of
any other railroad or canal corporation OtfOing or bar
ilia- the contrt I •*rf a terrallei or comparing line, and the
question whether railroads or Canals are parallel or nom
piing linceshall. when demanded by the party Com
' pialnant. be decided try Jun as In other dell Issues.
Sech.No Incorporated munpatrydoluatitc no-mesa or
a maroon carrier shall.dlrectly or indirectly.prosecute
or engage; In mining or marmfactrtrinpl art/. lei for
transporation over its works, nor shall such company.
direct y or Indirectif,,eitgage In soy other bueiness than
that of fOII2IOOO carriers. or bald or aCuit.re lands, free-
JP Id or haschold, directly or IndrreCrly, except ouch as
shall be necessary for ea tryiug on its bur:Moss • but troy
mining nr ManufaCturing company may a rrithe pro
darts or Ito mines and maouf tclorlea "Oita ratircera or
Canal not exceeding Jany miles to •
Sum It. :to prirrident. director. other, agent, 9r em
ployee of auy railroad or Crook company shall be Inter
ested,directiy or Indirectly. In the tarnishing of Mater •
ial or sapallet to ouch company, or In the nosiness of
trausportatiou as a I.7OfItUOU curler of Irk ght or passen
gers: o
turd t om pmy works owned „leased; controlled or work
by
Sec.:. „No diet rintinatlochn charges or facilities for
transportation shall hr made between traorportation
compturee and ludlrlduals. or In favor of either. by.
'bateau-at, drawback. or otherwise, sad no railroad or
aunt company, or any testes.- manager.or employee
thereof. stall make any preferences: In Arrolablog cars
or MA's* power. , .
Sm.:. 8 P.o railroad. railway or other transportation
tom vany shall grant Gus parses or parses at a dieeonnt,
to any presort extvpt teems or employees of the eoin
-srl. 0. Itts street poem:ger railway shall be caustrue:
trd within the limits of any eltY, borough or township
without the consent or Its local satthwities.
Sec. 10. No railroad. canal or other ttanaportntion
company. to exirlenee at the time of the adoption of
this artiele,shall have the twaellt of any Ware legielm
tion by general or opetial law.. except no condition of
compiete acceptance of ail the provialone of tid•artielo.
ace. IL Thu existing power. and duties of the . udb
for General to tower( to railroad.. canabs, and Other
transportation Componfeat except as to their ACCOOSO.S.
art Co retry transferred to the Secretary of lob. root AL
[elm. wbugball.havo a gent ml imperviaion over them,
subject to each regnialkOw and altemiloon no .11,11 bu
tool Idol by law; lad In addition to annual reports
now n gaited to be, made, said Secretary may rural,
apecial reports , at any (iota upon any ',object relating to
the Intotnepe of said CO/11;4E1kb . any °dicer, OS
Ofrirvel , thereof.
bac. 12. e General Astembly 'hall enforce by eye
proprin,e kgbilatlon the pravielou.of tbls article•
ARTICLE XVIII.
11:11131/ ANLSDIMETK.
Section I. My amendment or tunendmente to thle
constitution may be propoeed In the Senate or House
of Wan...rotative:. and If the enure shall he agreed to
by a majority at the members elected to each house,
such propueed amendment of amendments shall he etH
treed on their,lounials, with the yet. and nays taken thereon. nod Um Secretary of the Commonwealth chall
cause the same tube. published three Month., before the
next general election In 111 hest Ito newspapers in ev
ery e•moty In width each newspapers theft he publish
ed ; .d Ir. In the General Assembly meat ahem trd
eeell each pro need amendment or amendments
shall be agreed - to by a majority of the members elected
to each house. the Secretary al the Commonwealth
shall can-e the Him.. twain to be published In the man•
nee stomata, and each pH - lowed amendment or amend.
meat. Ord. be submitted to the qt.alitiedelet tor. 4 the
State to curb manner, and at such time, at least three
month- after beim. 1.1 agreed to It; two houses. as the
General Ate. Intity thou prefeldhe I and it such Mend-
MIMI of II ritee.dtiteldf chid he approved.by a majority
of Mope vol Int: Thereon, etch Amendearnt or a aend
meets shall become a portal the constitution: hut no
DD.:raiment or DMeildMents shall he cm omitted oftener
than o oe t . lo fire }ruts; when t mu or more amendment:
shall ha submitted they chill be voted upon seperately.
That no Inconvenience may arise from the changer In
the l'ourth at lon of the t onneonwealth, and in or. ,
der to carry the some Into complete operation, It to
hereby dm:listed tl at:
SECTION I. This eerlPthatiOrl shalt take effect on the
pet else of Jannary. In the year opt thousand sigh.
Luudrid mild revent,-rotir, for all purposes not outer.
arise provided tor therein.
Per. Y. Aif laws. tit force In this tOnneonevealth at the
time of the adoption oh this comedienne not Inconsis
tent therewith and all rights, actions. west rot tons,ond
contracts. alma continue as if thin eelletiletlOo bad hot
been adapted.
• cc. & At the general election In the years one thou.
Sled eight ittonnial dud sr-relay-font and One flume:tun
eight bithilln.d and sevettly.tiv...etrours shall be elected
In all istriets when there et al be vacancies. Those
sb:rl td lu the year one thottsund eight bandied end •vv
euty.run then servo for two 3 ear, 011,11111elle
the tear.d, thonewad eight hundred and seventy-flee
shall a- rye for oat year. Senators now elected. and
those whose terms etc ulna? re . shall represent the
districts rim whkli they repute until the end of the terms
for which they were elected
Stn. 4. At the cvnerai it. cline in the year one note.
rand elgot hundred and *evenly:six. timeline shall ire
elect,d roan the even 11111SEelloi districts to • serve for
ter r pers. and tone odd numbered dirnrscts to ten e for
four years.
but' S. The find election of Gove - nor nndrr this CO
Ftitotion droll he at the :funeral election in the }ear a
thonsamt eight hemamd and reVcil.y.fiTe, when a G o
mor ,tall he dueled for throe yearn: nod the term g
the (bolo nor elected lii the }eat One f1;011.11r1 cM
hundred sod seventy-eight and of thom there.tfter ele
tell ehall be for four years. aceorctiog to the proviaiog
of thin connOuiton.
Stir. R. At the general election in the year one thoo
*and eight hundred told .evenly-four a L'entenaot Gov
ernor shall be eletnett necurdont to to the psovitione
e of
See. The Se, rt•tarT of Internal k Mike phall be elect
ed nt the nem genetut election ate, h • nobtptum of title
con-dilution. und when the nald rarer mall be duly
elected at.d qua il fled, the 'Mike of eurrm or Gencrol elht it
be abollehea. no the Surveyttr General to Mike at the
.t late 0 the adoption of thin conetitut Mu chill cow In
In °Mee nut the explmtion of the term for which he
was elected.
Bon 8. Whet, the tinperintendent of Potato. blotto
iton •hall b• dui tinahtintl, the oBtcn of Sul„ rintendt
of Common Schotot thnll
SEC u. Nothing contatomi In thin cennti tut Irtn shall h
eranntrued to rend, any per.an now bottling ant Star
oftlentorwArat Official tend tanligible fur re eleet:ms a
the end of nuelt term.
See In The Joiices of the Supreme Conn to otil
when till, ron.lont ion ,h.ll take effect ,hull tout the
until I helr orreerally expire. Two Jed*
is anaitton to the 11131114. T now trintialaing the .aid roe
Owl) he rte.l 11 at the Bret general election after th
xi:oath...if 11,1. r.ot•li
Sec 11. All mart+ of record and al ecktlng donne
which an, not epecifled In thin r"tiotst pi lon ' , ball con
tnuo In e til Olefin. 11,15 of Li, centher. In t 10,
year one rhea-aid 0011 [attuned and !WA rnty fire.wlth
ont aorldetnent of th 1r percent jornoit lion, bat no
lone,. Tile coon of Fin , Criminal Jorktbet lon for ;be
conntlor of en hu5:1.111. Lebenon and Danylnn bereby
abolir-ho d; ono all cornea nod orucreolugr , lentriltng
therein in iL county of Schnylklli chat' be tried ',nod
npmed of n the Cuero, of 03er aud Terminer ilea
Qt.orter fr0....e of the Preen of told Contoy.
Sec It The rej..detere' court, now It. extnteuee nha
he Mogi-bed nu the Lint d.; 01 January ut xt mammal
ing the adoption of thin conntlthi too.
Sec 13 !lie Geueett itownityl shall. at the next el,
*WC after lite odoptlon of thin conotitutlou. deitim.ate
the orreralJndirlal dintricle OP To gtnreu r 1 this mown.
LOOM. The jtwges tl, eornutinnlon when nc drnigna.
t ion ohalll/0 made .h.,11 monntine dollen t t..irntiusp , rrd
terms JIM:n-0 Id the new dIrlfiCEP 11l wham they r. 01.1 e.
Pant when there chill be two Jadgen rentdoigiu thenante
,11-Irlet. tilt prenaient jodge shall riot to n loot .he-'
trite he ?Limit he no-tgotri , and the adultioual law judge
nhall ho Wi•liftied 10 till] Othrf
SEC. 11 The 60:1; eel Ale mht• shall, at the next nue.
erroollln nennion dace each derentd.llll.nrur. end not a
tm et. tit-innate the ft-Vet:a Judicial alrtflan ne retpur
ed torolltittlon.
SEC 13. Judge,. learned In the law of any curt of to
corn holding' t'
In I , dric .at the adoption of
tills rotwt.tut oh rhall hold their rei-jort hive oltee- ne
in the expiration fI he tern,, for u Mel; a he)wore man
itultnanhed. and nett their outiceloorn 01,0111.0 Mil) qua!
ifled The liove nor -hill romp -etthe la nt
judge of the ; mei Ftert .
Jo. ennettot. fur
the Conitlir. of hthityiltill. Lebanon and Itiopl/t0 an -I
judgea V./ Court of l'atunion Plen4 Sehuilkillmaun
ti tor the unexpired terra of Mr 011 Ire.
S.C. !a titer the rep:rate , . of tut 'taint of any pre,
Wept judge f any 'ours of moulno.) p1e..0 croo
nine at the adoption of thin rorntitutlait the judge of
curt court !careen In tilt I.te and oldeta In coMminnton
shall 1., the pr...M. n 1 judge th. roof, awl when two ttr
o.ore jadm-n an. eitt eo at the pante time In any judo,
thet nlidlt denlde y ltd which shall 61 PIT..
Men, J., Si . hat when the preeldeht Judge of n Conn
.hall he re elect. d lie shelf tow it to ro pfClOnehl
putt, of thal court.. Aroomate judgen not learned in
/he entr, tierted atter the lonia ion tide conotilutoln,
oh .11 he eammitrioned to hold their Whet-01'0r the t. rm
of fire y....r; from the fleet day of January next after
ihr.r Clan lO.n.
Ste. 17 The General ApPembly at the fleet session af
ter the atimo ion of this et 041111111114 01.11 d: /OW deter
m•no Inc compcsoostioo of tht Jlll.)es of the hupome
Court nml of t 1... id-gen of the grit fill judicial don this
of lee Commonwealth end the prow:slow , or the nr-
Irsith peel lon at lie an 'Me on Legtsittion shall Lot be
inrosooleLlent resith. Nothing cant ,Ined
this coo otitdtl..n .hall he beheld to minus Dm compel.
ml l l.ll COW I/ II 1. , y lan j .dgm lit this COMMuII wealth
w in commie.`on
t, l eo. it. The t. of Common Pleat in the counties
of Plillatiell.htn and AI legbm y shall he comoormll4 the
wes.illetn Judge.. of the District Court and Conn ot
I . sammon }neat , of -aid counties utttiLtheir metro. Asti
YlTally cud, ended ouch other judges. may from time
to time he selected.
Vor the purpose of Ora organisation to Philadelphia
the jotter of the Court number aloe shad 1.0 Judge.
Pierce. and Pax-on; of the rood number too.
Jewett flare, Mitchell and one other Juthe tp he elect
ed ill the court number three, Judge. Ludlow, Flnlet
ter nod LyntL ued of the e•tart number hod. Judges
Thayer. lir cm. sod one other judge te ho elected
The judge Orel mimed shall be tit, president judge of
.ald courts reop..ellyi ly. and thereon. r the pn-Otient
Judge shall he the judge oldest it, rommlitdon ; hut any
preetdent Judge reel flea in the same 1 . 01111 or OlEttlet
shad continue to be president judge thereof.
Tb. additional )IW:re's for Conn, numbers two and
four shall he voted fur and elected al the and general
eloction after the attilithin of this count Outlet, In the
'emote manner as the. too additional judge. of the Sti.
prem CourL anti they shall decide '4).101 10 Which court
they shall belong Their term of office rho LI couatieuce
on the fliPt Monday of Januar,. In the yea: one thous.
nod right huLdied 4.11 recency -five.
Sec. 19. In the county of Allegheny, for the pnrpose
of Ms( orkaldletlott Under this condi' ntion.th• judges
of the Court of Common Pleas at the time of the ntlop
thin of shis Condlto t ion WWI be the judges of the • ourt
number one. and the the judges of the Ulf filet
coon at the came date than by the jadgca of the
COPIIII.-11 Pica; windier two.
_
The president Jungeo of the Common Pleas and Dis
tant ['ours atoll be president judges of said Courts
umber tine att. too irep,etivels until their alms
oh ill entLand thertetfter the Judge oldest in fol3llllission
shall be president Judge: but any president Judge re.
dented to the Amu court or district shall tout lune to he
Pr t ' it i c - .71) t . ver ort, th Zze o llun of the Cowls of Common
Pleas, tinder ado co..otital ion. fur the count leo of Phil
adelphia end Allegtony, shall take rapt' on the first
Monday of January. one tl otiodod eight hundred and
seventy-fire, and existing coons In sold reunite. Ann
tontineu ,el theirpreset.t powers and Joriedielon un
til that date; lint no nets sops shall be ine‘tlinted"lti
the Courts of'Xisl Prlths after the adoption of thlo con
atltut
Fee. 21. The muter and pre-reeding' pending In the
Court of NM Pen. 1 •Ontt of tirroruon Piens '
nod Din.
trkt Court In Philadelphia shall be -tried and diaon.c.l
dr In the Conti of C . , mown plea,. The records nod
ockets of +ant contra dull be tranaktred to the Pro
thououtry'solike of sold meaty.
Pte. U. The roax- and proceeding* pending In the
Court or common Pima In the county of n Ileghcuy
shed be tried nod dimmed of to the court number one;
and [because's ond proceedings prtidifig, is the DiptriCt
Court .ball be tried nod dirporett of to the court num
ber...no.
• • sec. id. The Prothopotary of the Court of Common
Pleas of Philadelphia civil be Oro appointed by the
Indere of said wort ou the lirat Moody tel perenther,
In the year one thou...oil elcht• hundred and eneetity-
Aro; and the present Prothon o tary ofthe Diet rict Court
in void county 'hall be the Prolhooubtrt of the ...id
Court of Common Pleas until said dite.Articn
eholl cure, and the present 04,1401 the Court
of Oyer and Terminer and Quarter Stsalons of the
Peace In Phikidelphla shell be the clerk of ouch court
uutU the expiration of bin mescal commission on the
OreC Monday of Deco mites' in the year one thous.ind
elr•lit hundred and seventy-flee. -
fir.c. - 11. In ritlea romainick over fifty thonrand in.'
Itchitanis (except. Philadelphia) all aldermen in offici
al- the time of-the odepthin of this etiostltutton el.!!
continue In , Mee 11011 the expiration of their matunia.
einhcand 01 the election fur city nod •srard cliff er- In
the year one thousand el: ht hundred and okirentsedve •
one alderman shall be elected In each ward,' ea provi
ded In this danstltution,
• PLC. Sdi in Philadelphia magistrates In lieu of alder
ba chosen as regent, in [lll4- .1.1.1.tt °gll no
the eleetion In sold c'ts for city and triad tiftleersto the
year. one thousand elunt hundred and 'sevei.ty.ilvo;
their term of office shall commence on the Arst Monday.
of April sores:Min their electi on.
The terms of 'office ref atilernieu in said rity; holding'
or entill , d to tomcats+ lOU{ nt the titoe of the adoption
of t is constitution ohall not bd erect d thereby.
Ste, e.l). All peretnas In oGlee in this Cosamiiosseati
at toe time Cl the adoption of this conatitutloa. and at:
The first election under It, shall hold their respective of
fices until the term for which they Wellborn elected en
appointed shall expire, and until their successors anal
be runty QuAllded,uuleve otherwise provided In title Colt
atltutioni. • - -
The seventh ankle of thfq towt.ltntfot. Poo
teribtng an oath of nelee., atoll fate tffdot on and after
the dna dal' olden: nay; coo thoumo4 44j.bt 4androd,
tmd
23. The terms of otlie 'of eonniy commtutoners
and county midi tors chaten.orlor to the near one than,.
, • „
AM; eight LMar-0 end oeventYffre,ribiclrobell not blur
I expired before the duet Ilonday of January. In the ,year
I one thomand eight hundred and eeventyetx, obeli ex
pire on that day.
1- Sze. tat •II btate."cminly, city,- ward, barongtt , and
township officers ID office at the time of the a-Option of
thlo couotit Elton, whose aimpiantatiou la not provided
fur by - salaries alone, than ( - enthuse to reeelve the um,-
pelloatton allowed them by haat , rho expiration of
their reopeetivelenns of Miler.
Sze. at Ali State and judicial officers heretofore elec
ts& tom rn. affirmed, or in office When this conetltuthin
'Mall take effect, obeli severally. within one month after
ouch adoption. toko and oubocribe au oath (or affirma
tion) to petition this eettaLition.
Sec. tli IDo tleneral AereinDly. at Ira first 0000100. Or
noon as may be after the adoptiou of this conotlto.
lion, viten pose such [ewe as roar bat:memory to carry
the tame, into fall force and edict.
Soc. 38. The ordinance peered by thfe eonveetion,ext
t !tied -Alt ordinance for outenitt Mg the amended eOrnit
talon of relllll9lll.lllla to a cote of the electors there
of," obeli be held to he valid for all the purposes there
of.
Sze. 23. Tho words "County Cmumtaalonerv." wher
ever u.ard le this comititatlon, and In any ordlnence
accompanying the • .me. abet! be kfrld to include the
Commiceteleca for the city of Philadelphia.
Adopted at Pnliatielphln. on the Mild day of Novem
ber, in the year of our Lordemo thourand eight hun
dred and aermitY-Live.
OCTIrc or
SECRET/RP OP Tax CONWPIWPATII,
ilvaddrOCioa, Nov. 12. IS:3.
I eV tiff dint the fore.,:olon la a correct copy of the
new Con.t Hatton. prop ~.,ii to the g.oplr at the Coos-
Pe•manytwirtia., 'or [boa approval or re-
Jeciloll,. the tame oppeuro of record in tot, OPACe.
M. ti. QUAY.
Secretary of Commonwealth.
AS PRDINANCH
for submitting the amended constitntion
of Pennsylvania to a vote of the qualified
electors thereof, as passed second reading.
Be it ordained by the Conxtibutional Conrentzon
of the Cononontreala of rennsytcank, cur follotta :
I. That the amended Constitution pre
par' d by this enliven non,- be submitted
to the qualified electors of the Common
. wealth for their adoption or rejection, at
an election to be held on the third Tues
day of Deeember next; except as herein
after ordered and directed, tha said eh•c
tion shall be held and conducted by the
regular election- officers in the several oleo
don districts throughout the Common
wealth, under all the regulations and pro
-1 visions of existing laws relating to gen
oral elections; and the sheriffs of the BM.
aral comities shall give at least twenty
1 days notice of said election by proelant-
2. The Secretary of the C l nmmonwealth
Ault, at least,/ wetity days before the said
election, furnish to the Commissioners of
each noon ty.a sntlicient number of proper
ly prepaired circulars of instructions. Ph°
Commissioners of the several coca ties shall
muse to be prii -d at least three times as
i
many ballots of dlirmative votes as there
are voters in inc ff i
conuty—and the same
number of negative- votes; and the said
Commis-iorers shall, at least tire days be
fore said election, cause to be fairly dis
tributed to the several elections districts
in their respective counties, the said bal
lots, tallf.!ists, returns. circnlars of in
,tructions, and such other books and pap
ers as mev be necessary. The ballots shall
tie printed or written in the' following
form: On the oun:ide :he words "New
Constitution;" in the inside for all persons
giving affiramtive votes the words "For
the New Constitution," and for allpersons
~ i ving negative votes the words "Against
the New Constitution."
3. If it shall appear that a majority of
the .votes polled are fur the new Constitu
tion, then it shall be the Constitution of
hp Commonwealth of Peonsyvania on
will after the first dty of January, in the
year of our Lord one thousand r ight hun
dred and seventy-four; but it it shall ap
pear that a majority of the votes pulled
were against the now Constitution then
it shall be rejected and be null and void.
4. Five Commissioners Of Election., viz:
Ed win H. Fit ler, Ed ward Browning,Jain
P. Verree, Hen ry S. Hagen, and John 0.
damps. are hereby appointed by this Con
vention, who shall have direction of the
election upon this amended Constitutirn
in the city of Philadelphia. 'the said
Comtnissioes re shall be duly sworn or af
firmed to perform their duties with im
partiality and fidelity. They shall also
have power to fill vacancies in their own
outliner. It shall be the duty of said Com
missioners, or a majority of them, and
they shall have authority to make a regis
tration of voters fur the sovend election
divisions of said city, and to furnish the
lists so made to the .lection officers of
each precinct or division ; to distribute the
tickets fir said city provided for by this
ordinance to be used at the election; to,
appoint a judge and two inspectors for
each election division, by whom the elec
therrifl shall bo held Had cud acted, and
to eke all necessary instructions to the
election officers regarding their (lefties in
holdingtheelectuni and in making returns
thereof. No person shall serve as an eke-
Hon officer who would be disqualified un
der Section iii, Article 8, of the new Con
stitution. The general return of the
election in the said city shall be opened.
computed and certified before the said
Commissioner Land with their approval—
which approval shall be endorsed upon
the return. They shall make report, di
rected to the President of this Conven
tion, of their official action under this
ordinance and concerning the conduct of
the said election within the said city.
The Judges and Inspectors aforesaid
shall conduct the election in all respects
conformably to the general election laws
of this Commonwealth, and with like
powers.and duties to those of ordinary
election officers. Eeah Inspector shall
ippoi
- one clerk to assist the Board in
•
the performance of its duties, and all the
:election officers shall be duty sworn or
affirmed according to law, and shall Os
.PBR all the qoalifications required by law
of election officers in this Commonwealth.
At said election any duly qualified
olector who shall be unregistered,
shall be permitted to vote upon
making proof of his right to the
election officers:according to- the general
Ovation laws of this Commodiveulth. Re
turn Inspectors and their . clerks and an
hourly count of the votes" shall be dis
pensed with, but overseers ot election may
be selected..for any precinct by said Elec
tion Cent miiisioners,whose ditties and pow
ers'shall he the same as those of over
seers of 'election in said city under exist
ing efeetii u n lawW applicable thereto. Re:
erns of the election shall be made in
said city as in the case of nn election for
•Governor,. but a triplicate general return
for said' oily, shall be made out and for
warded to the'President. of this Conven
thid at Harrisburg. as hereinafter provid
ed in case of conntvrettirns..
5. In each of-:the Counties of '.the Com-
Mouwealth, '(except the
returns of the election' shall be made as
in the case of hn election for'Governor,
but the Omni judgesiMeachcounty shall
make cut a triplicate conith' return and
transmit` the same, within dye days utter
the election, directed • to . ' the President of
tliiv cmiventiiim'at Harrisburg.. •
Done in Convention. this Third day of
November,: in the veal. of our- Lord, ono
thousand eight: - Hundred and fileventy•
three. • •- •
If. WALSE% President.
D. 4untirg. Clerk.
A true copy of. ordinance of taplunis l
don,
„, •
•'DG a , QtrAY,
Reerdriru of the Commonwealth