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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

increased. classes as nearly equal in number as possible.

tion of

Sec. 8. Each House shall choose its own officers, and Organizajudge of the qualitications, elections, and returns of its Legislativo own members.



a quorum.

SEC. 9. A majority of each House shail 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 Rules for

their own proceedings, and may, with the concurrence of two governthirds of all the members elected, expel a member. expulsions

mont, and

Hlouse to


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


Sec. 12. Vembers of the Legislature shall, in all cases Mombers

privileged except treason, felony, and breach of the peace, Le privi- from arrest leged from arrest, and shall not be subject to any civil summons. process during the session of the Legislature, nor for fifteen days next before the commercement and after the termination of each session.

Sec. 13 When vacancies occur in either House, the Vacancies,

how filled. Governor, or the person exercising the functions of the Governor, shall issue writs of election to fill such vacancies.

and secret

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

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

ments, how

where to.

Origin and passage of bills.

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.

Bills to be approved by the Governor, etc.

SEC. 17. Every bill which may have passed the Legis. lature 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, not withstanding the Gov. ernor's objections. If any bill shall not be returned within ten days after it sball 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 mem. bers present.


What officers liable to impeachment, etc.

SEC. 19. The Governor, Lieutenant Governor, Secre. tary 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

appointed to any civil office of profit under this State Member

ineligible which shall have been created or the emoluments of to ottico

created which shall have been increased during such term, except during his such offices as may be filled by election by the people.



SEC. 21. No person holding any lucrative office under Persons

holding the United States, or any other power, shall be eligible lucrativo to any civil office of profit under this State; provided, under the that officers in the militia to which there is attached no anuual salary, or local officers and Postmasters, whose ment; ctc., compensation does not exceed five hundred dollars per understate annum, shall not be deemed lucrative.

States Govern

to office



SEC. 22. No person who shall be convicted of the em- Embozzlebezzlement or defalcation of the public funds of this defaleation

of public State shall ever be eligible to any office of honor, trust, or

funds by

officer. profit under this State; and the Legislature shall, as

Penalty. soon as practicable, pass a law providing for the punishment of such embezzlement or defalcation as a felony.

money and


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

and kept,

tion, how

SEC. 24. The members of the Legislature shall receive compensafor their services a compensation to be fixed by law, and fixed. 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.

Sec. 25. Every law enacted by the Legislature shall Title of

laws, etc. 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 divoree shall be granted by the Legisla- Divorcos. ture.


Lotteries. 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 inbabitants 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. Congres- Sec. 30. When a Congressional, Senatorial, or Assemsional, Senatorial, bly District shall be composed of two or more counties, Assembly it shall not be separated by any county belonging to Districts.

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 Legislaturo may divide each county into as many Congressional, Senatorial, or Assembly Districts as such

county may by apportionment be entitled to. Corpora

Sec. 31. Corporations may be formed under general tions.

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 Dnes of such individual liability of the corporators and other tions, etc. means as may be prescribed by law.

SEC. 33. The term corporations, as used in this Article, What are 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.

powers and

SEC. 34. The Legislature shall have no power to pass Banks of

deposit any Act granting any charter for banking purposes, but authorized 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.

Sec. 35. The Legislature of this State shall prohibit Banks of

circulation by law any person or persons, association, company, or prohibited. corporation from exercising the privileges of banking or creating paper to circulate as money.

Sec. 36. Each stockholder of a corporation or joint Individual

liability of stock association shall be individually and personally corporators

for debt. liable for his proportion of all its debts and liabilities.

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.

Sec. 38. In all elections by the Legislature the mem- Legislative

elections bers thereof shall vote viva voce, and the votes shall be to bo

viva voce. 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.

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