siding or associate judge of the county court, unless he be a citizen of the United States, over twenty-one years of age, and shall have been a resident of the county in which he shall be chosen one year next preceding the election.

§ 33. The jurisdiction of the county court shall be regulated by law, and, until changed, shall be the same now vested in the county courts of this state.

§ 34. Each county in this state shall be laid off into districts of convenient size, as the general assembly may, from time to time, direct. Two justices of the peace shall be elected in each district, by the qualified voters therein, at such time and place as may be prescribed by law, for the term of four years, whose jurisdiction shall be coextensive with the county: no person shall be eligible as a justice of the peace, unless he be a citizen of the United States, twenty-one years of age, and a resident of the district in which he may be a candidate.

§ 35. Judges of the county court, and justices of the peace, shall be conservators of the peace. They shall be commissioned by the governor. County and district officers shall vacate their offices by removal from the district or county in which they shall be appointed. The general assembly shall provide, by law, the manner of conducting and making due return of all elections of judges of the county court and justices of the peace, and for determining contested elections, and provide the mode of filling vacancies in these offices.

§ 36. Judges of the county court and justices of the peace, sheriffs, coroners, surveyors, jailers, county assessor, attorney for the county, and constables, shall be subject to indictment or presentment for malfeasance or misfeasance in office, or wilful neglect in the discharge of their official duties, in such mode as may be prescribed by law, subject to appeal to the court of appeals; and, upon conviction, their offices shall become vacant.

§ 37. The general assembly may provide, by law, that the justices of the peace in each county shall sit at the court of claims and assist in laying the county levy and making appropriations only.

§ 38. When any city or town shall have a separate representation, such city or town, and the county in which

T

it is located, may have such separate municipal courts and executive and ministerial officers as the general assembly may, from time to time, provide.

§ 39. The clerks of the court of appeals, circuit and county courts, shall be removable from office by the court of appeals, upon information and good cause shown. The court shall be judges of the fact as well as the law. Twothirds of the members present must concur in the sentence.

§ 40. The Louisville chancery court shall exist under this constitution, subject to repeal, and its jurisdiction to enlargement and modification by the general assembly. The chancellor shall have the same qualifications as a circuit court judge, and the clerk of said court as a clerk of a circuit court, and the marshal of said court as a sheriff; and the general assembly shall provide for the election, by the qualified voters within its jurisdiction, of the chancellor, clerk, and marshal of said court, at the same time that the judge and clerk of the circuit court are elected for the county of Jefferson, and they shall hold their offices for the same time, and shall be removable in the same manner: Provided, that the marshal of said court shall be ineligible for the succeeding term.

§ 41. The city court of Louisville, the Lexington city court, and all other police courts established in any city or town, shall remain, until otherwise directed by law, with their present powers and jurisdictions; and the judges, clerks, and marshals of such courts shall have the same qualifications, and shall be elected by the qualified voters of such cities or towns, at the same time, and in the same manner, and hold their offices for the same term, as county judges, clerks, and sheriffs, respectively, and shall be liable to removal in the same manner. The general assembly may vest judicial powers, for police purposes, in mayors of cities, police judges, and trustees of towns.

ARTICLE 5.-Concerning Impeachments.

§ 1. The house of representatives shall have the sole power of impeachment.

§ 2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon

oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present. §3. The governor and all civil officers shall be liable to impeachment for any misdemeanor in office; but judg ment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit, under this commonwealth; but the party convicted shall, nevertheless, be subject and liable to indictment, trial, and punishment by law.

ARTICLE 6.-Concerning Executive and Ministerial Officers for Counties and Districts.

§ 1. A commonwealth's attorney for each judicial district, and a circuit court clerk for each county, shall be elected, whose term of office shall be the same as that of the circuit judges; also, a county court clerk, an attorney, surveyor, coroner, and jailer, for each county, whose term of office shall be the same as that of the presiding judge of the county court.

§ 2. No person shall be eligible to the offices mentioned in this article, who is not at the time twenty-four years old, (except clerks of county and circuit courts, sheriffs, constables, and county attorneys, who shall be eligible at the age of twenty-one years,) a citizen of the United States, and who has not resided two years next preceding the election, in the state, and one year in the county or district for which he is a candidate. No person shall be eligible to the office of commonwealth's or county attorney, unless he shall have been a licensed practising attorney for two years. No person shall be eligible to the office of clerk unless he shall have procured from a judge of the court of appeals, or a judge of the circuit court, a certificate 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.

§3. The commonwealth's attorney and circuit court clerk shall be elected at the same time as the circuit judge, -the commonwealth's attorney by the qualified voters of the district, the circuit court clerk by the qualified voters of the county. The county attorney, clerk, surveyor,

coroner, and jailer, shall be elected at the same time, and in the same manner, as the presiding judge of the county

court.

§ 4. A sheriff shall be elected in each county, by the qualified voters thereof, whose term of office shall, after the first term, be two years, and until his successor be qualified; and he shall be re-eligible for a second term ; but no sheriff shall, after the expiration of the second term, be re-eligible, or act as deputy, for the succeeding term. The first election of sheriff shall be on the second Monday in May, 1851; and the sheriffs then elected shall hold their offices until the first Monday in January, 1853, and until their successors be qualified; and on the first Monday in August, 1852, and on the first Monday of August in every second year thereafter, elections for sheriffs shall be held: Provided, that the sheriffs first elected shall enter upon the duties of their respective offices on the first Monday in June, 1851, and after the first election on the first Monday in January next succeeding their election.

§ 5. A constable shall be elected in every justice's district, who shall be chosen for two years, at such time and place as may be provided by law, whose jurisdiction shall be coextensive with the county in which he may reside.

§ 6. Officers for towns and cities shall be elected for such terms, and in such manner, and with such qualifications, as may be prescribed by law.

§ 7. Vacancies in offices under this article shall be filled, until the next regular election, in such manner as the general assembly may provide.

§ 8. When a new county shall be erected, officers for the same, to serve until the next stated election, shall be elected or appointed in such way and at such times as the general assembly may prescribe.

§ 9. Clerks, sheriffs, surveyors, coroners, constables, and jailers, and such other officers as the general assembly may from time to time require, shall, before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law.

§ 10. The general assembly may provide for the election.

or appointment, for a term not exceeding four

such other county or district ministerial and executive officers as shall, from time to time, be necessary and proper.

§ 11. A county assessor shall be elected in each county at the same time and for the same term that the presiding judge of the county court is elected, until otherwise provided for by law. He shall have power to appoint such assistants as may be necessary and proper.

ARTICLE 7.-Concerning the Militia.

§ 1. The militia of this commonwealth shall consist of all free, able-bodied male persons (negroes, mulattoes, and Indians excepted) resident in the same, between the ages of eighteen and forty-five years; except such persons as now are, or hereafter may be, exempted by the laws of the United States or of this state; but those who belong to religious societies whose tenets forbid them to carry arms shall not be compelled to do so, but shall pay an equivalent for personal services.

§ 2. The governor shall appoint the adjutant-general, and his other staff-officers; the major-generals, brigadiergenerals, and commandants of regiments, shall, respectively, appoint their staff-officers; and commandants of companies shall appoint their non-commissioned officers.

§3. All militia officers, whose appointment is not herein otherwise provided for, shall be elected by persons subject to military duty, within their respective companies, battalions, regiments, brigades, and divisions, under such rules and regulations, and for such terms, not exceeding six years, as the general assembly may, from time to time, direct and establish.

ARTICLE 8.-General Provisions.

§ 1. Members of the general assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear (or