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actual service in time of war or public danger; or by leave of the court for oppression or misdemeanor in office. No person Protection of shall for the same offence be twice put in jeopardy of life or life, &c. limb; nor shall any man's property be taken or applied to pub- Immunity of lic use, without the consent of his representatives, and without property. just compensation being made.

SECT. XI. That all courts shall be open, and every man for an Courts of jusinjury done him in his lands, goods, person or reputation, shall tice open. have remedy by the due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought Suits against against the Commonwealth in such manner, in such courts, and State. in such cases, as the Legislature may by law direct.

SECT. XII. That no power of suspending laws shall be exer- Suspending cised unless by the Legislature or its authority.

laws. SECT. XIII. That excessive bail shall not be required, nor ex- Bail. cessive fines imposed, nor cruel punishments inflicted.

Sect. XIV. That all prisoners shall be bailable by sufficient Prisoners. sureties unless for capital offences, when the proof is evident or presumption great; and the privilege of the writ of habeas cor- Habeas corpus. pus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

SECT. XV. That no commission of oyer and terminer or jail Oyer and termidelivery shall be issued.

SECT. XVI. That the person of a debtor, where there is not Insolvent debtstrong presumption of fraud, shall not be continued in prison ors. after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law.

SECT. XVII. That no ex post facto law, nor any law impair- Ex post facto ing contracts, shall be made.

laws. SECT. XVIII. That no person shall be attainted of treason or Treason and felony by the Legislature.

felony. SECT. XIX. That no attainder shall work corruption of blood, Attainder, &c. nor except during the life of the offender, forfeiture of estate to the Commonwealth; that the estates of such persons as shall destroy their own lives, shall descend or vest as in case of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

SECT. XX. That the citizens have a right, in a peaceable man- Right of citiner, to assemble together for their common good, and to apply zens to assemto those invested with the powers of government, for redress of ble. grievances, or other proper purposes, by petition, address, or remonstrance.

SECT. XXI. That the right of the citizens to bear arms, in de- To bear arms. fence of themselves and the State, shall not be questioned,

SECT. XXII. That no standing army shall, in time of peace, Military. be kept up without the consent of the Legislature; and the military shall, in all cases and at all times, be in strict subordination to the civil power.

Seot. XXIII. That no soldier shall, in time of peace, be quar- Quartering tered in any house, without the consent of the owner; nor in troops. time of war, but in a manner to be prescribed by law.

Sect. XXIV. That the Legislature shall not grant any title Titles and of nobility or hereditary distinction, nor create any office, the offices. appointment to which shall be for a longer term than during good behaviour.

Emigration.

SECT. XXV. The emigration from the State shall not be prohibited.

SECT. XXVI. To guard against transgressions of the high Exception from the general

powers which we have delegated, WE DECLARE, that every powers of gove thing in this article is excepted out of the general powers of

government, and shall forever remain inviolate.

ernment.

ARTICLE X.

OF AMENDMENTS.

Amendments, how made.

Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives, and if the same shall be agreed to by a majority of the members elected to each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the Secretary of the Commonwealth shall cause the same to be published three months before the next election, in at least one newspaper in every county in which a newspaper shall be published; and if in the Legislature next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each House, the Secretary of the Commonwealth shall cause the same again to be published in the manner aforesaid, and such proposed amendment or amendments shall be submitted to the people in such manner, and at such time, at least three months after being so agreed to by the two Houses, as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the qualified voters of this state voting thereon, such amendment or amendments shall become a part of the Constitution; but no amendment or amendments shall be submitted to the people oftener than once in five years: Provided, That if more than one amendment be submitted, they shall be submitted in such manner and form that the people may vote for or against each amendment separately and distinctly.

ARTICLE XI.*

OF PUBLIC DEBTS.

For what the

SECT. I. The State may contract debts to supply casual deState may con- ficits or failures in revenues, or to meet expenses not otherwise tract debts. provided for; but the aggregate amount of such debts, direct and

contingent, whether contracted by virtue of one or more acts of Amount of such the General Assembly, or at different periods of time, shall never debts limited.

exceed seven hundred and fifty thousand dollars, and the money How the money

arising from the creation of such debts, shall be applied to the raised must be purpose for which it was obtained, or to repay the debts so conappropriated. tracted, and to no other purpose whatever.

SECT. II. In addition to the above limited power, the State War debts may be contracted. may contract debts to repel invasion, suppress insurrection, deAppropriation

fend the State in war, or to redeem the present outstanding in

debtedness of the State; but the money arising from the conraised. tracting of such debts, shall be applied to the purpose for which

* First amendment of 1857.

of the money

it was raised, or to re-pay such debts, and to no other purpose whatever.

SECT. III. Except the debts above specified, in sections one other debts pro and two of this article, no debt whatever shall be created by, or hibited. on behalf of the State.

Sect. IV. To provide for the payment of the present debt, and A sinking fund any additional debt contracted as aforesaid, the Legislature shall, to be created. at its first session, after the adoption of this amendment, create a sinking fund, which shall be sufficient to pay the accruing interest on such debt, and annually to reduce the principal thereof by a sum not less than two hundred and fifty thousand dollars; which sinking fund shall consist of the net annual of what it shall income of the public works, from time to time owned by the consist. State, or the proceeds of the sale of the same, or any part thereof, and of the income or proceeds sale of stocks owned by the State, together with other funds, or resources, that may be designated by law. The said sinking fund maybe 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 insurrection, no part of the said sinking fund shall be used or applied otherwise than in extinguishment of the public debt, until the amount of such debt is reduced below the sum of five millions of dollars.

The credit of SECT. V. The credit of the Commonwealth shall not in any the Commonmanner, or event, be pledged, or loaned to any individual com- wealth not to be pany, corporation, or association; nor shall the Commonwealth loaned to indihereafter become a joint owner, or stockholder in any company,

viduals or comassociation or corporation.

panies. SECT. VI. The Commonwealth shall not assume the debt, or The Commonany part thereof, of any county, city, borough or township; or wealth prohibof any corporation or association; unless such debt shall have ited from asbeen contracted to enable the State to repel invasion, suppress

suming debts. domestic insurrection, defend itself in time of war, or to assist the State in the discharge of any portion of its present indehtedness.

SECT. VII. The Legislature shall not authorize any county, Counties, &c., city, borough, township, or incorporated district, by virtue of a prohibited from vote of its citizens, or otherwise, to become a stockholder in any being stockhol. company, association, or corporation; or to obtain money for, or ders, &c., in loan its credit to any corporation, association, institution, or corporations. party.

ARTICLE XII.*

OF NEW COUNTIES.

No county shall be divided by a line cutting off over one-tenth New counties! of its population, (either to form a new county or otherwise,) without the express assent of such county, by a vote of the electors thereof; nor shall any new county be established, containing less than four hundred square miles.

* Second amendment of 1857.

SCHEDULE

TO THE AMENDMENTS OF 1838.

That no inconvenience may arise from the alterations and amendments in the Constitution of this Commonwealth, and in order to carry the same into complete operation, it is hereby

declared and ordained that Former laws. I. All laws of this Commonwealth, in force at the time when

the said alterations and amendments in the said Constitution shall take effect, and not inconsistent therewith, and all rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations

and amendments had not been made. Amendments,

:II. The alterations and amendments in the said Constitution when to take shall take effect from the first day of January, eighteen hundred effect.

and thirty-nine.

III. The clauses, sections and articles of the said Constitution, Articles unaltered to remain

which remain unaltered, shall continue to be construed and have as heretofore. effect as if the said Constitution had not been amended.

IV. The General Assembly which shall convene in December, First General eighteen hundred and thirty-eight, shall continue its session as Assembly. : heretofore, notwithstanding the provisions in the eleventh sec

tion of the first article, and shall, at all times, be regarded as the first General Assembly under the amended Constitution.

V. The Governor who shall be elected in October, eighteen Executive inau- hundred and thirty-eight, shall be inaugurated on the third Tuesguration.

day in January, eighteen hundred and thirty-nine; to which time the present executive term is hereby extended.

VI. The commissions of the judges of the Supreme Court, Expiration of commissions of

who may be in office on the first day of January next, shall expire judges of Su- in the following manner: The commission which bears the earlipreme Court.

est date shall expire on the first day of January, Anno Domini one thousand eight hundred and forty-two; the commission next dated shall expire on the first day of January, Anno Domini one thousand eight hundred and forty-five; the commission next dated shall expire on the first day of January, Anno Domini one thousand eight hundred and forty-eight; the commission next dated shall expire on the first day of January, Anno Domini one thousand eight hundred and fifty one; and the commission last dated shall expire on the first day of January, Anno Domini one thousand eight hundred and fifty-four.

VII. The commissions of the president judges of the several Expiration of

judicial districts, and of the associate law judges of the first commissions of president

judicial district, shall expire as follows: The commissions of judges. one-half of those who shall have held their offices ten years or

more at the adoption of the amendments to the Constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and thirty-nine; the commissions of the other half of those who shall have held their offices ten years or more, at the adoption of the amendments to the Constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and forty-two; the first half to embrace those whose commissions shall bear the oldest date. The commissions of all the remaining judges, who shall not have held their offices for ten years at the adoption of the amendments to the Constitution, shall expire on the twenty-seventh day of February next, after the end of ten years from the date of their commissions.

VIII. The recorders of the several mayors' courts, and other Recorders’ and criminal courts in this Commonwealth, shall be appointed for mayors' courts,

& the same time and in the same manner as the president judges of the several judicial districts; of those now in office, the commission oldest in date shall expire on the twenty-seventh day of February, one thousand eight hundred and forty-one, and the others every two years thereafter, according to their respective dates; those oldest in date expiring first.

IX. The Legislature, at its first session under the amended Classification of Constitution, shall divide the other associate judges of the State associate judges. into four classes. The commissions of those of the first class shall expire on the twenty-seventh day of February, eighteen hundred and forty; of those of the second class on the twentyseventh day of February, eighteen hundred and forty-one; of those of the third class on the twenty-seventh day of February, eighteen hundred and forty-two; and of those of the fourth class on the twenty-seventh day of February, eighteen hundred and forty-three. The said classes, from the first to the fourth, shall be arranged according to the seniority of the commissions of the several judges.

X. Prothonotaries, clerks of the several courts, (except of the Election of pube Supreme Court,) recorders of deeds, and registers of wills, shall lic officers. be first elected, under the amended Constitution, at the election of Representatives, in the year eighteen hundred and thirty-nine, in such manner as may be prescribed by law.

XI. The appointing power shall remain as heretofore, and all Appointing porrofficers in the appointment of the Executive Department, shall er as heretofore. continue in the exercise of the duties of their respective offices, until the Legislature shall pass such laws as may be required by the eighth section of the sixth article of the amended Constitution, and until appointments shall be made under such laws, unless their commissions shall be superseded by new appointments, or shall sooner expire by their own limitations, or the said offices shall become vacant by death or resignation; and such laws shall be enacted by the first Legislature under the amended Constitution.

XII. The first election for aldermen and justices of the peace First election of shall be held in the year eighteen hundred and forty, at the aldermen and

justices of the time fixed for the election of constables. The Legislature at its

peace. first session under the amended Constitution, shall provide for the said election, and for subsequent similar elections. The aldermen and justices of the peace now in commission, or who may in the interim be appointed, shall continue to discharge the duties of their respective offices until fifteen days after the day which shall be fixed by law for the issuing of new commissions, at the expiration of which time their commissions shall expire.

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