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sons who shall then be elected judges of the Supreme Court shall hold their offices as follows: one of them for three years, one for six years, one for nine years, one for twelve years, and one for fifteen years; the term of each to be decided by lot by said judges, as soon after the election as convenient, and the result certified by them to the Governor, that the commissions may be issued in accordance thereto. The judge whose commission will first expire shall be chief justice during his term, and thereafter each judge whose commission shall first expire shall in turn be the chief justiee, and if two or more commis
sions shall expire on the same day, the judges holding themshall Vacancies. decide by lot which shall be the chief justice. Any vacancies
happening by death, resignation, or otherwise, in any of the said courts, shall be filled by appointment by the Governor, to continue till the first Monday of December succeeding the next general election. The judges of the Supreme Court and the
presidents of the several courts of common pleas shall, at stated Compensation. times receive for their services an adequate compensation, to
be fixed by law, which shall not be diminished during their continuance in office, but they shall receive no fees or perquisites of office, nor hold any other office of profit under this Com
monwealth, or under the government of the United States, or Residence. any other State of this Union. The judges of the Supreme
Court, during their continuance in office, shall reside within this Commonwealth, and the other judges during tħeir continuance in office shall reside within the district or county for which
they were respectively elected. Common pleas.
SECT. III. Ūntil otherwise directed by law, the courts of common pleas shall continue as at present established. Not more than five counties shall at any time be included in one judiciaľ district organized for said courts.
SECT. IV. The jurisdiction of the Supreme Court shall extend Jurisdiction of Supreme Court. over the State; and the judges thereof shall, by virtue of their
offices, be justices of oyer and terminer and general jail delivery, in the severał counties.
Sect. V. The judges of the court of common přeas in each Jurisdiction of judges of com county shall
, by virtue of their offrces, be justiees of oyer and mon pleas.
terminer and general jail delivery, for the trial of capital and other offenders therein; any two of the said judges, the president being one, shall be a quorum; but they shall not hold & court of oyer and terminer or jail delivery in any county, when the judges of the Supreme Court, or any of them, shall be sitting in the same county. The party accused, as well as the Commonwealth, may, under such regulations as shall be prescribed by law, remove the indictment and proceedings, or a transcript
thereof, into the Supreme Court. Chancery powo
Sect. VI. The Supreme Court, and the several courts of com. ers vested in mon pleas shall, besides the powers heretofore usually exercised courts. by them, have the power of a court of chancery, so far as relates
to the perpetuating of testimony, the obtaining of evidence from places not within the State, and the care of the persons and estates of those who are non compos mentis; and the Legislature shall vest in the said courts such other powers to grant relief in equity, as shall be found necessary, and may, from time to time, enlarge or diminish those powers, or. vest them in such other courts as they shall judge proper, for the due administration of justice.
SECT. VII. The judges of the court of common pleas of each Quarter sescounty, any two of whom shall be a quorum, shall compose the sions, orphans' court of quarter sessions of the peace, and orphans' court there, and registers' of; and the register of wills, together with the said judges, or any courts. two of them, shall compose the register's court of each county.
SECT. VIII. The judges of the courts of common pleas shall, Writs of certiowithin their respective counties, have the like powers with the rari. judges of the Supreme Court to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.
Sect. IX. The president of the court, in each circuit within Criminal powsuch circuit, and the judges of the court of common pleas within ers. their respective counties, shall be justices of the peace, so far as relates to criminal matters.
Sect. X. A register's office, for the probate of wills and Registers and granting letters of administration, and an office for the record- recorders. ing of deeds, shall be kept in each county.
SECT. XI. The style of all process shall be “The Common- style of pro wealth of Pennsylvania.” All prosecutions shall be carried on cess. in the name and by the authority of the Commonwealth of Pennsylvania, and conclude "against the peace and dignity of the same."
OF SHERIFFS AND CORONERS. SECT. I. Sheriffs and coroners shall, at the times and places Sheriffs and of election of Representatives, be chosen by the citizens of each coroners. county. One person shall be chosen for each office, who shall be commissioned by the Governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified; but no person shall be twice chosen or appointed sheriff in any term of six years. Vacancies in either of the said offices shall be filled by an appointment, to be made by the Governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid.
OF THE MILITIA.
SECT. II. The freemen of this Commonwealth shall be armed, Militia. organized, and disciplined for its defence, when, and in such manner as may be directed by law. Those who conscientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service.
OF PUBLIC OFFICERS.
SECT. III. Prothonotaries of the Supreme Court shall be ap- Public officers, pointed by the said court for the term of three years, if they so appointment long behave themselves well. Prothonotaries and clerks of the and election. several other courts, recorders of deeds and registers of wills, shall at the times and places of election of Representatives, be
elected by the qualified electors of each county, or the districts over which the jurisdiction of said courts extends, and shall be commissioned by the Governor. They shall hold their offices for three years if they shall so long behave themselves well, and until their successors shall be duly qualified. The Legislature shall provide by law the number of persons in each county who shall hold said offices, and how many and which of said offices shall be held by one person. Vacancies in any of the said offices shall be filled by appointments to be made by the Governor, to continue until the next general election, and until successors shall be elected and qualified as aforesaid.
SECT. IV. Prothonotaries, clerks of the peace and orphans' courts, recorders of deeds, registers of wills, and sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers, unless when the Governor shall, for special reasons, dispense therewith, for any term not exceeding five years after the county shall have been erected.
Location of offices.
Style of com. missions.
SECT. V. All commissions shall be in the name and by the authority of the Commonwealth of Pennsylvania, and be sealed with the State seal, and signed by the Governor.
OF STATE TREASURER.
SECT. VI. A State Treasurer shall be elected annually, by State Treasurer
joint vote of both branches of the Legislature.
OF JUSTICES OF THE PEACE AND ALDERMEN AND OTHER OFFICERS.
Election of jus.
SECT. VII. Justices of the peace, or aldermen, shall be electtices of the ed in the several wards, boroughs and townships, at the time of peace and al
the election of constables, by the qualified voters thereof, in dermen.
such number as shall be directed by law, and shall be commissioned by the Governor for a term of five years. But no town. ship, ward or borough, shall elect more than two justices of the peace or aldermen, without the consent of a majority of the qualified electors within such township, ward or borough.
SECT. VIII. All officers whose election or appointment is not Other officers.
provided for in this Constitution, shall be elected or appointed as shall be directed by law. No person shall be appointed to any office within any county who shall not have been a citizen and an inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not
have been so long erected, then within the limits of the county Prohibition. or counties out of which it shall have been taken. No member
of Congress from this State, or any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State, to which a salary is, or fees or perquisites are by law an
nexed, and the Legislature may by law declare what State offices Incompatible are incompatible. No member of the Senate, or of the House offices. of Representatives, shall be appointed by the Governor to any
office during the term for which he shall have been elected.
OF MISBEHAVIOUR IN OFFICE.
SECT. IX. All officers, for a term of years, shall hold their Official terms. offices for the terms respectively specified, only on the condition that they so long behave themselves well ; and shall be removed on conviction of misbehaviour in office, or of any infamous crime.
SECT. X. Any person who shall, after the adoption of the Duelling. amendments proposed by this convention to the Constitution, fight a duel, or send a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this state, and shall be punished otherwise in such manner as is, or may be prescribed by law; but the Executive may remit the said offence and all its disqualifications.
SECT. I. The Legislature shall, as soon as conveniently may Public schools. be, provide by law for the establishment of schools throughout the State, in such manner that the poor may be taught gratis.
SECT. II. The arts and sciences shall be promoted in one or Arts and scimore seminaries of learning.
RELIGIOUS SOCIETIES AND CORPORATIONS.
SECT. III. The rights, privileges, immunities, and estates of Corporations. religious societies and corporate bodies, shall remain as if the Constitution of this State had not been altered or amended.
Sect. IV. The Legislature shall not invest any corporate body Corporate reor individual with the privilege of taking private property for strictions. public use, without requiring such corporation or individual to make compensation to the owners of said property, or give adequate security therefor before such property shall be taken.
OF THE OATH OF OFFICE.
Members of the General Assembly, and all officers, executive Oath of office. and judicial, shall be bound by oath or affirmation, to support the Constitution of this Commonwealth, and to perform the duties of their respective offices with fidelity.
DECLARATION OF RIGHTS.
That the general, great and essential principles of liberty, and free government may be recognized and unalterably established, WE DECLARE THAT Sect. I. All men are born equally free and independent, and Rights of life,
liberty, properhave certain inherent and indefeasible rights, among which are ty, &c.
those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pur
suing their own happiness. Power and gove
SECT. II. That all power is inherent in the people, and all free ernment. governments are founded on their authority, and instituted for
their peace, safety and happiness : For the advancement of these ends, they have at all times, an unalienable and indefeasible right to alter, reform, or abolish their government, in such man
ner as they may think proper. Rights of con
SECT. III. That all men have a natural and indefeasible right science, &c. to worship Almighty God according to the dictates of their own
consciences; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; no human authority can, in any case whatever, control, or interfere with the rights of conscience; and no preference shall ever be given by law to any religious establishments, or modes of worship.
Sect. IV. That no person who acknowledges the being of a Religion.
God, and a future state of rewards and punishments, shall on account of his religious sentiments, be disqualified to hold any
office, or place of trust or profit, under this Commonwealth. Elections.
SECT. V. That elections shall be free ånd equal. Trial by jury.
SECT. VI. That trial by jury shall be as heretofore, and the right thereof remain inviolate.
SECT. VII. That the printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or any branch of Government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject; being responsible for the abuse of that liberty. In prosecutions for the publication of papers investigating the official conduct of officers, or men in public capacity, or where the matter published is proper for public information, the truth
thereof may be given in evidence; and in all indictments for Libels. libels, the jury shall have a right to determine the law and the
facts, under the direction of the court, as in other cases. Searches and
SECT. VIII. That the people shall be secure in their persons, seizures. houses, papers and possessions, from unreasonable searches and
seizures; and that no warrant to search any place, or to seize any person or things shall issue, without describing them as nearly as may be, nor without probable cause supported by oath
or affirmation. Rights of accu
SECT. IX. That in all criminal prosecutions, the accused hath sed in criminal a right to be heard by himself and his counsel, to demand the prosecutions. nature and cause of the accusation against him, to meet the
witnesses face to face, to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment, or information, a speedy public trial by an impartial jury of the vicinage : He cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property,
unless by the judgment of his peers, or the law of the land. Criminal infor
SECT. X. That no person shall, for any indictable offence, be mations, &c.
proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in