OF THE SECRETARY OF THE COMMON

WEALTH.

SECT. XV. A Secretary shall be appointed and commissioned during the Governor's continuance in office, if he shall so long behave himself well: He 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.

OF ELECTIONS.

SECTION I. In elections by the citizens, every freeman of the age of twenty-one years, having resided in the state two years next before the election, and within that time paid a state or county tax, which shall have been assessed at least six months before the election, shall enjoy the rights of an elector: Provided, That the sons of persons qualified as aforesaid, between the ages of twenty-one and twenty-two years, shall be entitled to

vote, although they shall not have paid taxes. SECT. II. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce.

SECT. III. Electors shall, in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from them.

ARTICLE IV.

OF IMPEACHMENTS.

SECT. I. The House of Representatives shall have the sole power of impeaching.

SECT. II. 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.

SECT. III. The Governor, and all other civil officers, under this commonwealth, shall be liable to impeachment for any misdemeanor in office: But judgment, in such cases, shall not extend further than to removal from

E

t

office, and disqualification to hold any office · of honor, trust, or profit, under this commonwealth: The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to law.

ARTICLE V.

OF THE JUDICIARY.

SECT. I. The judicial power of this commonwealth shall be vested in a Supreme Court, in Courts of Oyer and Terminer and General Jail Delivery, in a Court of Common Pleas, Orphan's Court, Register's Court, and a Court of Quarter Sessions of the Peace, for each county, in Justices of the Peace, and in such other Courts as the legislature may, from time to time, establish.

SECT. II. The Judges of the Supreme Court, and of the several Courts of Common Pleas, shall hold their offices during good behaviour: 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.

SECT. III. The jurisdiction of the Supreme Court shall extend over the state, and the judges thereof shall, by virtue of their offices, be Justices of Oyer and Terminer and General Jail Delivery in the several counties.

manner.

SECT. IV. Until it shall be otherwise directed by law, the several Courts of Common Pleas shall be established in the following The Governor shall appoint, in each county, not fewer than three, nor more than four Judges, who, during their continuance in office, shall reside in such county: The state shall be divided by law into circuits, none of which shall include more than six, nor fewer than three, counties: A President shall be appointed of the courts in each circuit, who, during his continuance in office, shall reside therein: The President and judges, any two of whom shall be a quorum, shall

compose the respective Courts of Common Pleas.

SECT. V. 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 the 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.

SECT. VI. The Supreme Court and the several Courts of Common Pleas shall, besides the powers heretofore usually exercised by them, have the power 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 compotes mentis: And the legislature shall vest in the said courts, such other powers, to