Page images
PDF
EPUB

& 37. No law, enacted by the general assembly, shall relate to more than one subject, and that shall be expressed in the title.

& 38. The general assembly shall not change the venue in any criminal or penal prosecution, but shall provide for the same by general laws.

8 39. The general assembly may pass laws authorizing writs of error in criminal or penal cases, and regulating the right of challenge of jurors therein.

8 40. The general assembly shall have no power to pass any act, or resolution, for the appropriation of any money, or the creation of any debt, exceeding the sum of one hundred dollars, at any one time, unless the same, on its final passage, shall be voted for by a majority of all the members then elected to each branch of the general assembly; and the yeas and nays thereon entered on the journal.

ARTICLE III.—Concerning the Executive Department. 81. The supreme executive power of the commonwealth shall be vested in a chief magistrate, who shall be styled the governor of the commonwealth of Kentucky.

§ 2. The governor shall be elected for the term of four years, by the qualified voters of the state, at the time when, and places where, they shall respectively vote for representatives. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, the election shall be determined by lot, in such manner as the general assembly may direct.

83. The governor shall be ineligible for the succeeding four years after the expiration of the term for which he shall have been elected.

84. He shall be at least thirty-five years of age, and a citizen of the United States, and have been an inhabitant of this state at least six years next preceding his election.

35. He shall commence the execution of the duties of his office on the fifth Tuesday succeeding the day of the general election on which he shall bave been chosen, and shall continue in the execution thereof until his successor shall have taken the oaths, or affirmations, prescribed by this constitution.

26. No member of congress, or person holding any office under the United States, or minister of any religious society, shall be eligible to the office of governor.

87. The governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he was elected.

88. He shall be commander-in-chief of the army and navy of this commonwealth, and of the militia thereof, except when they shall be called into the service of the United States; but he shall not command personally in the field, unless advised so to do by a resolution of the general assembly.

89. He shall have power to fill vacancies that may occur, by granting commissions, which shall expire when such vacancies shall have been filled according to the provisions of this constitution.

8 10. He shall have power to remit fines and forfeitures, grant

reprieves and pardons, except in cases of impeachment. In cases of treason, he shall have power to grant reprieves until the end of the next session of the general assembly, in which the power of pardoning shall be vested; but he shall have no power to remit the fees of the clerk, sheriff, or commonwealth's attorney, in penal or criminal cases.

11. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.

& 12. He shall, from time to time, give to the general assembly information of the state of the commonwealth, and recommend to their consideration such measures as he may deem expedient.

13. He may, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place if that should have become, since their last adjournment, dangerous from an enemy, or from contagious disorders; and in case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not exceeding four months.

% 14. He shall take care that the laws be faithfully executed.

8 15. A lieutenant-governor shall be chosen at every regular election for governor, in the same manner, to continue in office for the same time, and possess the same qualifications as the governor. In voting for governor and lieutenant-governor, the electors shall state for whom they vote as governor, and for whom as lieutenantgovernor.

16. He shall, by virtue of his office, be speaker of the senate, have a right, when in committee of the whole, to debate and vote on all subjects, and when the senate are equally divided, to give the casting vote.

17. Should the governor be impeached, removed from office, die, refuse to qualify, resign, or be absent from the state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor, until another be duly elected and qualified, or the governor absent or impeached, shall return or be acquitted.

18. Whenever the government shall be administered by the lieutenant-governor, or he shall fail to attend as speaker of the senate, the senators shall elect one of their own members as speaker for that occasion. And if, during the vacancy of the office of governor, the lieutenant-governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the speaker of the senate shall, in like manner, administer the government: Provided, that whenever a vacancy shall occur in the office of governor, before the first two years of the term shall have expired, a new election for governor shall take place, to fill such vacancy.

§ 19. The lieutenant-governor, or speaker pro tempore of the senate, while he acts as speaker of the senate, shall receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more; and during the time he administers the government, as governor, shall receive the same compensation which the governor would have received, had he been employed in the duties of his office.

8 20. If the lieutenant-governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the state during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a speaker.

§ 21. The governor shall nominate, and, by and with the advice and consent of the senate, appoint a secretary of state, who shall be commissioned during the term for which the governor was elected, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers, relative thereto, before either house of the general assembly; and shall perform such other duties as may be required of him by law.

& 22. Every bill which shall have passed both houses, shall be presented to the governor. If he approve, he shall sign it; but if not, he shall return it with his objections, to the house in which it originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. 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 likewise be 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 members voting for and against the bill, shall be entered upon the journals 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 had signed it, unless the general assembly, by their adjournment, prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting.

& 23. Every order, resolution, or vote, in which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him; or being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill.

& 24. Contested elections for governor and lieutenant-governor shall be determined by both houses of the general assembly, according to such regulations as may be established by law.

8 25. A treasurer shall be elected by the qualified voters of the state, for the term of two years; and an auditor of public accounts, register of the land office, and attorney-general, for the term of four years. The duties and responsibilities of these officers shall be prescribed by law: Provided, that inferior state officers, not specially provided for in this constitution, may be appointed, or elected, in such manner as shall be prescribed by law, for a term not exceeding

8 26. The first election, under this constitution, for governor, lieutenant-governor, treasurer, auditor of public accounts, register

[ocr errors]

four years.

of the land office, and attorney-general, shall be held on the first Monday in August, in the year 1851.

ARTICLE IV.-Concerning the Judicial Department. & 1. The judicial power of this commonwealth, both as to matters of law and equity, shall be vested in one supreme court (to be styled the court of appeals), the courts established by this constitution, and such courts, inferior to the supreme court, as the general assembly may, from time to time, erect and establish.

CONCERNING THE COURT OF APPEALS. 8 2. The court of appeals 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 of the court of appeals shall, after their first term, hold their offices for eight years, from and after their election, and until their successors shall be duly qualified, subject to the conditions hereinafter prescribed; but for any reasonable cause, 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, which shall not be diminished during the time for which they shall have been elected.

84. The court of appeals shall consist of four judges, any three of whom may constitute a court for the transaction of business. The general assembly, at its first session after the adoption of this constitution, shall divide the state, by counties, into four districts, as nearly equal in voting population, and with as convenient limits as may be, in each of which the qualified voters shall elect one judge of the court of appeals: Provided, that whenever a vacancy shall occur in said court, from any cause, the general assembly shall have the power to reduce the number of judges and districts ; but in no event shall there be less than three judges and districts. Should a change in the number of the judges of the court of appeals be made, the term of office and number of districts shall be so changed as to preserve the principle of electing one judge every two years.

85. The judges shall, by virtue of their offices, 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.”

86. The judges first elected shall serve as follows, to wit: one shall serve until the first Monday in August, 1852; one until the first Monday in August, 1854; one until the first Monday in August, 1856, and one until the first Monday in August, 1858. The judges, at the first term of the court succeeding their election, shall

[ocr errors]

determine, by lot, the length of time which each one shall serve; and at the expiration of the service of each, an election in the proper district shall take place to fill the vacancy. The judge having the shortest time to serve shall be styled the chief justice of Kentucky.

8 7. If a vacancy shall occur in said court from any cause, the governor shall issue a writ of election to the proper district to fill such vacancy for the residue of the term: Provided, that if the unexpired term be less than one year, the governor shall appoint a judge to fill such. vacancy.

88. No person shall be eligible to the office of judge of the court of appeals, who is not a citizen of the United States, a resident of the district for which he may be a candidate two years next preceding his election, at least thirty years of age, and who has not been a practising lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practised law, shall not be equal to eight years.

& 9. The court of appeals shall hold its sessions at the seat of government, unless otherwise directed by law; but the general assembly may, from time to time, direct that said court shall hold sessions in any one or more of said districts.

& 10. The first election of the judges and clerk or clerks of the court of appeals shall take place on the second Monday in May, 1851, and thereafter, in each district as a vacancy may occur, by the expiration of the term of office; and the judges of the said court shall be commissioned by the governor.

& 11. There shall be elected, by the qualified voters of this state, a clerk of the court of appeals, who shall hold his office, from the first election, until the first Monday in August, 1858, and thereafter for the term of eight years from and after his election; and should the general assembly provide for holding the court of appeals in any one or more of said districts, they shall also provide for the election of a clerk by the qualified voters of such district, who shall hold his office for eight years, possess the same qualifications, and be subject to removal in the same manner as the clerk of the court of appeals; but if the general assembly shall, at its first or any other session, direct the court of appeals to hold its sessions in more than one district, a clerk shall be elected by the qualified voters of such district. And the clerk, first provided for in this section, shall be elected by the qualified voters of the other district or districts. The same principle shall be observed whenever the court shall be directed to hold its sessions in either of the other districts. Should the number of judges be reduced, the term of the office of clerk shall be six years.

$ 12. No person shall be eligible to the office of clerk of the court of appeals, unless he be a citizen of the United States, a resident of the state two years next preceding his election, of the age of twentyone years, and have a certificate from a judge of the court of appeals, or a judge of the circuit court, that he has been examined by the clerk of his court, under his supervision, and that he is qualified for the office for which he is a candidate.

& 13. Should a vacancy occur in the office of clerk of the court

« PreviousContinue »