Imagens das páginas
PDF
ePub

1

consent of the Senate, appoint all judicial officers of courts of record, unless otherwise provided for in this Constitution. He shall have power to fill all vacancies that may happen in such judicial offices during the recess of the Senate, by granting commissions which shall expire at the end of their next session : Provided, that in acting on executive nominations the Senate shall sit with open doors, and in confirming or rejecting the nominations of the Governor, the vote shall be taken by yeas and nays.

9. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment.

10. He may require information in writing, from the officers in the executive department, on any subject relating to the duties of their respective offices.

11. He shall, from time to time, give to the General Assembly information of the state of the commonwealth, and recommend to their consideration such measures as he shall judge expedient.

12. He may, on extraordinary occasions, convene the General Assembly; and in case of disagreement between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months.

13. He shall take care that the laws be faithfully executed.

14. In case of the death or resignation of the Governor, or his removal from office, the Speaker of the Senate shall exercise the office of governor, or until another governor shall be duly qualified ; but in such case another Governor shall be chosen at the next annual election of representatives, unless such death, resignation, or removal, shall occur within three calendar months immediately preceding such next annual election, in which case a Governor shall be chosen at the second succeeding annual election of representatives. And if the trial of a contested election shall continue longer than until the third Monday of January next ensuing the election of Governor, the Governor of the last year, or the Speaker of the Senate who may be in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a Governor shall be duly qualified as aforesaid.

15. The Secretary of the commonwealth shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before either branch of the Legislature, and shall perform such other duties as shall be enjoined him by law.

ARTICLE III.

Sec. 1. In elections by the citizens, every white freeman of the age of twenty-one years, having resided in this State one year, and in the election district where he offers to vote, ten days immediately preceding such election, and within two years paid a State or county tas, wbich shall have been assessed at least ten days before the elecselves well

[graphic]

. The associate judges of the courts of common pleas shall hold their offices for the term of five years, if they shall so long behave themselves well. But for any reasonable cause, which shall not be sufficient ground of impeachment, the Governor may remove any of them on the address of two-thirds of each branch of the Legislature. The judges of the Supreme Court, and the presidents of the several courts of common pleas, shall at stated 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 commonwealth.

3. Until 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 judicial district organized for said courts.

4. The jurisdiction of the Supreme Court shall extend over the State; and the judges thereof shall, by virtue of their office, be justices of oyer and terminer and general jail delivery, in the several counties.

5. The judges of the court of common pleas, in each county, shall, by virtue of their offices, be justices of oyer and terminer and general jail delivery, for the trial of capital and other offenders therein; any two of said judges, the president being one, shall be a quorum; but they shall not hold a 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.

6. The Supreme Court, and the several courts of common pleas, shall, beside the powers heretofore usually exercised by them, have the powers 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.

7. The judges of the court of common pleas of each county, any two of whom shall be a quorum, shall compose the court of quarter sessions of the peace, and orphans' court thereof; and the register of wills, together with the said judges, or any two of them, shall compose the register's court of each county.

8. The judges of the courts of common pleas shall, within their respective counties, have like powers with the judges of the Supreme Court, to issue writs of certiorari to the justices of the peace, and to

1

cause their proceedings to be brought before them, and the like right and justice to be done.

9. The president of the court in each circuit within such circuit, and the judges of the court of common pleas within their respective counties, shail be justices of the peace, so far as relates to criminal matters.

10. A register's office, for the probate of wills and granting letters of administration, and an office for the recording of deeds, shall be kept in each county.

11. The style of all process shall be,“ The commonwealth of Pennsylvania.” All prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude, against the peace and dignity of the same."

ARTICLE VI. SEC. 1. Sheriffs and coroners shall, at the times and places of election of representatives, be chosen by the citizens of each 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.

2. The freemen of this commonwealth shall be armed, organized, and disciplined for its defense, 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.

3. Prothonotaries of the Supreme Court shall be appointed by the said court for the term of three years, if they so long behave themselves well. Prothonotaries and clerks of the 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 thetr 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 suceessors shall be elected and qualified as aforesaid.

4. 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.

5. 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.

6. A State Treasurer shall be elected annually, by joint vote of both branches of the Legislature.

7. Justices of the peace or aldermen shall be elected in the several wards, boroughs, and townships, at the time of the election of constables by the qualified voters thereof, in such number as shall be directed by law, and shall be commissioned by the Governor for a term of five years. But no township, 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.

8. All officers whose election or appointment is not 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 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, annexed: and the Legislature may by law declare what State offices are incompatible.

No member of the Senate or of the House of Representatives shall be appointed by the Governor to any office during the term for which he shall have been elected.

9. All officers for a term of years shall hold their offices for the terms respectively specified, only on the condition that they so long behave themselves well; and shall be removed on conviction of misbehavior in office or of any infamous crime.

10. Any person who shall, after the adoption of the 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.

ARTICLE VII. SEC. 1. The Legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the State, in such manner that the poor may be taught gratis.

« AnteriorContinuar »