ner that the electors shall vote for or against each of such amendments separately; and while an amendment or amendments which shall have been agreed upon by one general assembly shall be awaiting the action of a succeeding general assembly, or of the electors. no additional amendment or amendments shall be proposed. When constitution takes effect.-This constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty-one, and shall supersede the constitution adopted in the year one thousand eight hundred and sixteen. That no inconvenience may arise from the change in the government, it is hereby ordained as follows: Laws continued.-First. All laws now in force, and not inconsistent with this constitution, shall remain in force until they shall expire or be repealed. Proceedings continued.-Second. All indictments, prosecutions, suits, pleas, plaints, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, and injunctions, shall be carried on in the several courts, in the same manner as is now provided by law. Fines, bonds, etc., continued.—Third. All fines, penalties, and forfeitures, due or accruing to the state, or to any county therein, shall inure to the state, or to such county, in the manner prescribed by law. All bonds executed to the state, or to any officer in his official capacity, shall remain in force, and inure to the use of those concerned. Municipal acts continued.-Fourth. All acts of incorporation for municipal purposes shall continue in force under this constitution until such time as the general assembly shall, in its discretion, modify or repeal the same. Governor holds over.-Fifth. The governor, at the expiration of the present official term, shall continue to act until his successor shall have been sworn into office. General assembly.-Sixth. There shall be a session of the general assembly, commencing on the first Monday of December, in the year one thousand eight hundred and fifty-one. Legislators hold over.-Seventh. Senators now in office and holding over under the existing constitution, and such as may be elected at the next general election, and the representatives then elected, shall continue in office until the first general election under this constitution. First general election.-Eighth. The first general election under this constitution shall be held in the year one thousand eight hundred and fifty-two. Election of state officers.-Ninth. The first election for governor, lieutenant-governor, judges of the supreme court and circuit courts, clerk of the supreme court, prosecuting attorney, secretary, auditor, and treasurer of state, and the state superintendent of public instruction, under this constitution, shall be held at the general election in the year one thousand eight hundred and fifty-two; and such of said officers as may be in office when this constitution shall go into effect shall continue in their respective offices until their successors shall have been elected and qualified. Continuance of officers.-Tenth. Every person elected by popular vote, and now in any office which is continued by this constitution; and every person who shall be so elected to any such office before the taking effect of this constitution (except as in this constitution otherwise provided), shall continue in office until the term for which such person has been, or may be, elected, shall expire: Provided, That no such person shall continue in office after the taking effect of this constitution for a longer period than the term of such office in this constitution prescribed. This provision did not apply to officers appointed. Starry v. Winning, 7 Ind. 311. Oath.-Eleventh. On the taking effect of this constitution, all officers thereby continued in office shall, before proceeding in the further discharge of their duties, take an oath, or affirmation, to support this constitution. Vacancies.-Twelfth. All vacancies that may occur in existing offices, prior to the first general election under this constitution, shall be filled in the manner now prescribed by law. Submission of Thirteenth Article.-Thirteenth. At the time of submitting this constitution to the electors for their approval or disapproval, the article numbered thirteen, in relation to negroes and mulattoes, shall be submitted as a distinct proposition, in the following. form: "Exclusion and colonization of negroes and mulattoes," "Aye" or "No." And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this constitution: otherwise, it shall be void, and form no part thereof. General submission.-Fourteenth. No article or section of this constitution shall be submitted, as a distinct proposition, to a vote of the electors, otherwise than as herein provided. Perry and Spencer.-Fifteenth. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form, of the contiguous territory of said counties, a new county, it shall be the duty of those interested in the organization of such new county, to lay off the same by proper metes and bounds, of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties, at a general election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election shall be in favor of the organization of said new county, it shall be the duty of the general assembly to organize the same out of the territory thus designated. Clarksville. Sixteenth. The general assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same; and the funds belonging to said town shall be applied according to the intention of the grantor. The act of June 17, 1852 (Special Acts of 1852, p. 96), governs Clarksville. See Carr McCampbell, etc., 61 Ind. 97; Ewing v. Trustees of Clarksville, 61 Ind. 129; Jackson, etc., v. Hughes, etc., 1 Blkf. 421. The statutes of Virginia and the patent for Clark's Grant are set out in 1 Blkf. 443, in the appendix. See, also, Hughes v. Trustees of Clarksville, 6 Peters, 369. |