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if, after such reconsideration, a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall be likewise considered, and if approved by a majority of all the members elected to that house, it shall be a law; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively; if any bill shall not be returned by the governor, within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he bad signed it, unless the general assembly by their adjournment prevent its return ; in which case it shall be a law, unless sent - back within three days after their next meeting:
26. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and be. fore it shall take effect, be approved by him ; or, being disapproved, shall be repassed, by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill.
27. Contested elections for a governor and lieutenant governor shall be determined by a committee to be selected from both houses of the general assembly, and formed and regulated in such manner as shall be directed by law.
28. The freemen of this commonwealth, (negroes, mulattoes, and Indians, excepted) shall be armed and disciplined for its defence. Those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.
29. The commanding officers of the respective regiments shall appoint the regimental staff ; brigadier generals their brigade majors : major generals, their aids ; and captains, the non-commissioned officers of companies.
30. A majority of the field officers and captains in each regiment shall nominate the commissioned officers in each company, who shall be commissioned by the governor ; Provided, that no nomination shall be made, unless two at least of the field officers are present ; and when two or more persons have an equal and the highest number of votes, the field officer present, who may be highest in commission, shall decide the nomination. 31. Sheriffs shall hereafter be appointed in the following man
When the time of a sheriff for any county may be about to expire, the county court for the same, a majority of all its justices being present, shall, in the months of September, October, or November, next preceding thereto, recommend to the governor two proper persons to fill the office, who are then justices of the county court; and who shall in such recommen.
dation pay a just regard to seniority in office and a regular rotation. One of the persons so recommended shall be commissioned by the governor, and shall hold his office for two years, if he so long behave well, and until a successor be duly qualified. If the county courts shall omit, in the months aforesaid, to make such recommendation, the governor shall then nominate, and, by and with the advice and consent of the senate, appoint a fit person to fill such office.
Concerning the Judicial Department. $ 1. The judiciary power of this commonwealth, both as to matters of law and equity, shall be vested in one supreme court, which shall be styled the court of appeals, and in such inferior courts as the general assembly may from time to time erect and establish.
2. The court of appeals, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only; which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law.
3. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour; but for any reasonable cause which shall not be sufficient ground of impeachment, the governor shall remove any of them on the address of two-thirds of each house of the general assembly: Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each house. They shall at stated times receive for their services an adequate compensation to be fixed by law,
4. The judges shall, by virtue of their office, be conservators of the peace throughout the state. The style of all process shall be, “the commonwealth of Kentucky.” All prosecutions shall be carried on in the name, and by the authority, of the commonwealth of Kentucky, and conclude, against the peace and dignity of the same.
5. There shall be established in each county, now, or which may hereafter be erected, within this commonwealth, a county court.
6. A competent number of justices of the peace shall be appointed in each county; they shall be commissioned during good behaviour, but may be removed on conviction of misbehaviour in office, or of any infamous crime, or on the address of twothirds of each house of the general assembly: Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each house.
7. The number of the justices of the peace to which the several counties in this commonwealth now established, or which may hereafter be established, ought to be entitled, shall from time to time be regulated by law.
8. When a surveyor, coroner, or justice of the peace shall be needed in any county, the county court for the same, a majority of all its justices concurring therein, shall recommend to the governor two proper persons to fill the office, one of whom he shall appoint thereto: Provided, however, that if the county court shall for twelve months omit to make such recommendation, after being requested by the governor to recommend proper persons, he shall then nominate, and, by and with the advice and consent of the senate, appoint a fit person to fill such office.
9. When a new county shall be erected, a competent number of justices of the peace, a sheriff, and coroner therefor, shall be recommended to the governor by a majority of all the members of the house of representatives, from the senatorial district or districts in which the county is situated; and if eitber of the persons thus recommended shall be rejected by the governor or the senate, another person shall immediately be recommended as aforesaid.
10. Each court shall appoint its own clerk, who shall hold his office during good behaviour; but no person shall be appointed clerk, only pro tempore, who shall not produce to the court appointing him a certificate from a majority of the judges of the court of appeals, that he had been examined by their clerk in their presence, and under their direction, and that they judge him to be well qualified to execute the office of clerk of any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behaviour; by the court of appeals only, who shall be judges of the fact as well as of the law. Two-thirds of the members present must concur in the sentence.
11. All commissions shall be in the name, and by the authority, of the state of Kentucky, and sealed with the state seal, and signed by the governor.
12. The state treasurer, and printer or printers for the commonwealth, shall be appointed annually by the joint vote of both houses of the general assembly: Provided, that, during the recess of the same, the governor shall have power to fill vacancies which may happen in either of the said offices.
Concerning Impeachments. § 1. The house of representatives shall have the sole power of impeaching
2. All impeachments shall be tried by the senate; when sitting for that purpose, the senators shall be upon oath or affirmation: No person shall be convicted without the concurrence of twothirds of the members present.
3. The governor and all civil officers shall be liable to impeachment for any misdemeanor in office; but judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honour, trust, or profit, under this commonwealth; but the party convicted shall nevertheless be liable and subject to indictment, trial, and punishment, according to law.
General Provisions. § 1. Members of the general assembly and all officers, executive and judicial, before they enter upon the execution of their respective offices, shall take the following oath or affirmation: “I do solemnly swear; (or affirm, as the case may be,) that I will be faithful and true to the commonwealth of Ken. tucky, so long as I continue a citizen thereof, and that I will faithfully execute to the best of my abilities, the office of according to law."
2. Treason against the commonwealth shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court.
3, Every person shall be disqualified from serving as a governor, lieutenant governor, senator, or representative, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat to procure his election.
4. Laws shall be made to exclude from office, and from suffrage, those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practices.
5. No money shall be drawn from the treasury, but in pursuance of appropriations made by law, nor shall any appropriations of money, for the support of an army, be made for a longer time than one year; and a regular statement and account of the receipts and expenditures of all public money shall be published annually.
6. The general assembly shall direct by law in what manner, and in what courts, suits may be brought against the commonwealth.
7. The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the general assembly the most solemn appeal to God.
8. All laws which, on the first day of June, one thousand seven hundred and ninety-two, were in force in the state of Virginia, and which are of a general nature, and not local to that state, and not repugnant to this constitution, nor to the laws which have been enacted by the legislature of this commonwealth, shall be in force within this state, until they shall be altered or repealed by the general assembly.
9. The compact with the state of Virginia, subject to such alterations as may be made therein, agreeably to the mode prescribed by the said compact, shall be considered as part of this constitution.
10. It shall be the duty of the general assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment.
11. All civil officers for the commonwealth at large shall reside within the state, and all district, county, or town officers, within their respective districts, counties, or towns, (trustees of towns excepted,) and shall keep their respective offices at such places therein as may be required by law; and all militia officers shall reside in the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong.
12. The attorney general, and other attorneys for this commonwealth, who receive a fixed annual salary from the public treasury, judges, and clerks of courts, justices of the peace, surveyors of lands, and all commissioned militia officers, shall hold their respective offices during good behaviour, and the continuance of their respective courts, under the exceptions contained in this constitution.
13. Absence on the business of this state, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under this commonwealth, under the exceptions contained in this constitution.
14. It shall be the duty of the general assembly to regulate by law in what cases and what deduction from the salaries of public officers shall be made for neglect of duty in their official capacity.
15. Returns of all elections for governor, lieutenant governor, and members of the general assembly, shall be made to the secretary, for the time being.
16. In all elections by the people, and also by the senate and house of representatives, jointly or separately, the votes shall be personally and publicly given, viva voce.
17. No member of congress, nor person holding or exercis