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shall receive an adequate compensation

shall be conservators of the peace

Art. Sec. Page.

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Judicial Power vested in court of appeals and such inferior courts as may be established 4
Jury, ancient mode of trial by, to be held sacred

Justices of the Peace shall be appointed for each county

how long to continue in office

shall hold office during good behavior

may be removed by address of two-thirds of each house
number of, how regulated

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county court to recommend two persons for, one of whom
the governor shall appoint

if county court omit, for twelve months, to make recommen-
dations for, after being requested by the governor, he may,
with consent of senate, appoint

eligible to legislature

Justices of Quarter Session Courts, who receive compensation for their services,

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ineligible to legislature
L.

Laws not to be suspended unless by legislature or its authority

in force, not inconsistent with constitution, not to be affected thereby-(sched.) Legislative Power vested in general assembly

-see House of Representatives, Senate and Assembly General. Libels, in indictment for, the jury have right to determine the law and facts

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Military, in all cases and at all times, subordinate to the civil power
Militia, of whom to consist

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commissioned officers, how to be nominated, and by whom commissioned
how long to continue in office

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Money, public, annual account of the receipts and expenditures of, to be published

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of members of general assembly and all officers, executive and judicial Office, legislature to create none, the tenure of which is longer than during good be

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of profit, person exercising, ineligible to legislature, except attorneys at law,
justices of the peace and militia officers

who ineligible to

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laws to be made to exclude from, for bribery, perjury, forgery, &c.
when absence from state shall not be forfeiture of right to be appointed to office 6

Officers, executive and judicial, to take oath

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salary of, legislature may direct how deduction to be made for neglect of duty 6
securities of, legislature may direct how to be relieved
in office when constitution was made, to continue therein unless otherwise
directed

oath of, may be administered by justice of peace,

VOL. 1.

12

P.

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People, all free governments founded on authority of
Power, no person or persons of one department to exercise, belonging to another
Powers of government divided into three departments
Printer for commonwealth, how and when appointed
Process, style of, shall be "Commonwealth of Kentucky"

Prosecutions shall be carried on in the name of the Commonwealth of Kentucky

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pending when constitution was formed, to continue-(schedule)

Punishments, cruel, shall not be inflicted

1

R.

Receipts and expenditures of public moneys to be published annually
Representatives, house of, a branch of legislative power

term of service of members, one year from commencement of
general election

members of, when chosen

qualifications

shall choose speaker and other officers

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number of, to be not less than fifty eight nor more than one hundred 2
qualifications of electors of,

Representation to be equal and uniform

Rights of the citizen declared to be, liberty of conscience in matters of religion
freedom of the press and of speech

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in prosecutions for libels, to give in evidence, the truth of the matter pub-
lished

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when accused in criminal prosecutions, to be heard by himself and counsel 10
to demand the nature of accusation

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to have a speedy public trial by an impartial jury of the vicinage

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not to be deprived of life, liberty or property without due course of law
for any indictable offence, not to be proceeded against criminally by infor-
mation, except in the land and naval forces

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not to be twice jeopardized for the same offence

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not to permit property to be taken for public use without consent of his
representatives and just compensation made

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that all courts shall be open, and redress given for any injury, and justice
administered without sale, denial or delay

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that excessive bail shall not be required, nor excessive fines imposed, &c.
as prisoner to be bailed, unless in capital offences, when the proof is evident
or presumption great

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as debtor, to be free from prison after delivering up his estate as prescribed
by law, unless there be strong presumption of fraud
that estate of such as destroy their own lives, shall descend or vest as in
case of natural death

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to bear arms in defence of himself and state

to forbid a soldier to be quartered in his house in time of peace
nor in time of war, but as prescribed by law

Rights to continue as if constitution had not been made―(schedule)

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to count the votes in first election for governor and lieutenant governor,
in the presence of at least two judges of the court of appeals or dis-
trict courts

that if any person be killed by casualty, there shall no forfeiture accrue
to assemble and petition

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Secretary, to give them official notice of election

where two highest are equal, with judges to decide by lot

Art. Sec. Page.

Senate, members of, to be chosen for four years

has power to choose its officers annually

how classed and terms of service

to be twenty-four at least, and in what proportion to be increased
when additional members of, made, to be classed by lot

qualifications of members of,

electors of members of,

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where to vote

first election of, to be general throughout the state, and when to be held

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elections to be held to fill the place of those whose term of service may expire 2 16 54

when it shall elect one of its members speaker
speaker of, when to administer government
compensation of

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Senatorial Districts to be formed from time to time

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contain each an equal number, as near as may be, of free

white male inhabitants over the age of twenty-one
to form one, no county to be divided

counties composing one, to adjoin

Sheriffs, how appointed, and how long to continue in office

if county court omit to recommend, governor, with consent of senate, to appoint 3
Slaves, general assembly not to emancipate, without owner's consent or compensa-

tion made

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emigrants may bring, with them

general assembly to pass laws to permit owners to emancipate

may prevent from being brought into the state for merchandise

or from a foreign country

general assembly may provide for well treatment of

grand jury not necessary in prosecutions of, for felony

not to be deprived of impartial trial by petit jury

Suffrage, laws to be made to exclude from, for bribery, perjury, forgery, &c.

privilege of, to be supported by laws, regulating elections, &c.

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Suits against commonwealth, gen. assembly may direct in what manner to be brought 6
Surveyors, how to be appointed

how long to continue in office

T.

Towns when invested with the privilege of separate representation

Treason, defined,

no person to be convicted of, unless on the testimony of two witnesses to

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DIGEST

OF THE

STATUTE LAWS OF KENTUCKY.

TITLE 1.

ABATEMENT AND REVIVOR.

1796.

IN FORCE FROM FIRST OF JANUARY 1797.

AN ACT concerning Partitions, Joint Rights, and Obligations: Approved December 19, 1796.-1 Litt. 511.

SEC. 5. No plea in abatement shall be received in partition; nor shall it abate by the death of

any tenant.

IN FORCE FROM FIRST OF JANUARY 1797.

any

suit for

AN ACT to reduce into one the several acts for preventing vexatious suits, and regulating proceedings in civil cases: Approved December 19, 1796.-1 Litt. 489. SEC. 5. In all cases where the plaintiff shall die, after an interlocutory judgment, and before final judgment obtained therein, such action shall not abate, if the same might be originally prosecuted and maintained by the executors or administrators of such plaintiff; and if the defendant die after such interlocutory judgment, and before final judgment, such action shall not abate, if the same were originally maintainable against the executors or administrators of such defendant; but the plaintiff (or if he be dead after such interlocutory judgment, his executors or administrators) shall and may have a scire facias against the defendant, if living

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