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SEC. 7. When the number of Senators is increased Number of Senators, they shall be apportioned by lot, so as to keep the two when classes as nearly equal in number as possible.


tion of

SEC. 8. Each House shall choose its own officers, and Organizajudge of the qualifications, elections, and returns of its Legislative own members.



a quorum.

SEC. 9. A majority of each House shall constitute a What quorum to do business; but a smaller number may adjourn constitutes from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each House may provide.

SEC. 10. Each House shall determine the rule of its own proceedings, and may, with the concurrence of two thirds of all the members elected, expel a member.

SEC. 11. Each House shall keep a Journal of its own proceedings, and publish the same; and the yeas and nays of the members of either House on any question shall, at the desire of any three members present, be entered on the Journal.

Rules for their govern

inent, and expulsions


House to

keep a



from arrest


SEC. 12. Members of the Legislature shall, in all cases Members except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil summons. process during the session of the Legislature, nor for fif teen days next before the commencement and after the termination of each session.

how filled.

SEC. 13 When vacancies occur in either House, the Vacancies, Governor, or the person exercising the functions of the Governor, shall issue writs of election to fill such vacancies.

SEC. 14. The doors of each House shall be open, except on such occasions as, in the opinion of the House, may require secrecy.

SEC. 15. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.

Open doors sessions.

and secret


ments, how

long and

where to.

Origin and passage of bills.

Bills to be approved by the Governor, etc.



officers liable to impeachment, etc.

SEC. 16. Any bill may originate in either House of the Legislature, and all bills passed by one House may be amended in the other.

SEC. 17. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it, but if not he shall return it, with his objections, to the House in which it originated, which shall enter the same upon the Journal, and proceed to reconsider it. If, after such reconsideration, it again pass both Houses, by yeas and nays, by a majority of two thirds of the members of each House present, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall become a law, in like manner as if he had signed it, unless the Legislature, by adjournment, prevent such return.

SEC. 18. The Assembly shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two thirds of the members present.

SEC. 19. The Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, Surveyor General, Justices of the Supreme Court, and Judges of the District Court, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment according to law. All other civil officers shall be tried for misdemeanor in office in such a manner as the Legislature may provide.

SEC. 20. No Senator or member of Assembly shall, during the term for which he shall have been elected, be



during his

term of office.


appointed to any civil office of profit under this State Member which shall have been created or the emoluments of to otlice which shall have been increased during such term, except such offices as may be filled by election by the people. SEC. 21. No person holding any lucrative office under Persons the United States, or any other power, shall be eligible lucrative to any civil office of profit under this State; provided, under the that officers in the militia to which there is attached no States anuual salary, or local officers and Postmasters, whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.




ment, etc., under State

ineligible to office


ment or

defalcation of public funds by

SEC. 22. No person who shall be convicted of the em- Embezzlebezzlement or defalcation of the public funds of this State shall ever be eligible to any office of honor, trust, or profit under this State; and the Legislature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement or defalcation as a felony.

officer. Penalty.

Public An accounts,

money and

SEC. 23. No money shall be drawn from the Treasury but in consequence of appropriations made by law. accurate statement of the receipts and expenditures of the public moneys shall be attached to and published with the laws at every regular session of the Legislature.

SEC. 24. The members of the Legislature shall receive for their services a compensation to be fixed by law, and paid out of the public Treasury; but no increase of the compensation shall take effect during the term for which the members of either House shall have been elected.


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laws, etc.

SEC. 25. Every law enacted by the Legislature shall Title of embrace but one object, and that shall be expressed in the title; and no law shall be revised or amended by reference to its title; but in such case the Act revised or section amended shall be reënacted and published at length.

SEC. 26. No divorce shall be granted by the Legisla- Divorces.




ment of

SEC. 27. No lottery shall be allowed by this State, nor shall the sale of lottery tickets be allowed.

SEC. 28. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, in the years one thousand eight hundred and fiftytwo and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty and every subsequent ten years, shall serve as the basis of representation in both Houses of the Legislature.

Apportion- SEC. 29. The number of Senators and members of Legislators Assembly shall, at the first session of the Legislature holden after the enumerations herein provided for are made, be fixed by the Legislature, and apportioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of members of Assembly shall not be less than twenty-four, nor more than thirty-six, until the number of inhabitants within this State shall amount to one hundred thousand; and, after that period, in such ratio that the whole number of members of Assembly shall never be less than thirty nor more than eighty. When a Congressional, Senatorial, or AssemSenatorial, bly District shall be composed of two or more counties, Assembly it shall not be separated by any county belonging to another district. No county shall be divided in forming a Congressional, Senatorial, or Assembly District so as to attach one portion of a county to another county; but the Legislature may divide each county into as many Congressional, Senatorial, or Assembly Districts as such county may by apportionment be entitled to.





SEC. 31. Corporations may be formed under general laws, but shall not be created by special Act, except for municipal purposes. All general laws and special Acts passed pursuant to this section may be altered from time to time, or repealed.

SEC. 32. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.

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What are


SEC. 33. The term corporations, as used in this Article, shall be construed to include all associations and joint tions. stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue Their and shall be subject to be sued in all Courts, in like cases duties. as natural persons.

SEC. 34. The Legislature shall have no power to pass any Act granting any charter for banking purposes, but associations may be formed, under general laws, for the deposit of gold and silver; but no such associations shall make, issue, or put in circulation any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money.

powers and

Banks of authorized



SEC. 35. The Legislature of this State shall prohibit Banks of by law any person or persons, association, company, or prohibited. corporation from exercising the privileges of banking or creating paper to circulate as money.

liability of

SEC. 36. Each stockholder of a corporation or joint Individual stock association shall be individually and personally corporators liable for his proportion of all its debts and liabilities.

for debt.

tion of


SEC. 37. It shall be the duty of the Legislature to Organizaprovide for the organization of cities and incorporated municipal villages, and to restrict their power of taxation, assess- tions. ment, lorrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations.


to be

SEC. 38. In all elections by the Legislature the mem- Legislative bers thereof shall vote viva voce, and the votes shall be entered on the journal.

SEC. 39. In order that no inconvenience may result to the public service from the taking effect of the amend

70-vol. ii.

viva voce.

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