dollars per annum; but any county may make additional compensation, to be paid by said county. Should any percentage of fines and forfeitures be allowed by law, it shall not be paid except upon such proportion of the fines and forfeitures as have been collected and paid into the State Treasury, and not until so collected and paid.

SEC. 99. There shall be elected in eighteen hundred and ninety-four in each county a Judge of the County Court, a County Court Clerk, a County Attorney, Sheriff, Jailor, Coroner, Surveyor and Assessor, and in each Justice's Distriet one Justice of the Peace and one Constable, who shall enter upon the discharge of the duties of their offices on the first Monday in January after their election, and continue in office three years, and until the election and qualification of their successors; and in eighteen hundred and ninety-seven, and every four years thereafter, there shall be an election in each county of the officers mentioned, who shall hold their offices four years (from the first Monday in January after their election), and until the election and qualification of their successors. The first election of Sheriffs under this Consitution shall be held in eighteen hundred and ninety-two, and the Sheriffs then elected shall hold their offices two years, and until the election and qualification of their successors. The Sheriffs now in office for their first term shall be eligible to re-election in eighteen hundred and ninety-two, and those elected in eighteen hundred and ninety-two for the first term shall be eligible to reelection in eighteen hundred and ninety-four, but thereafter no Sheriff shall be eligible to re-election or to act as deputy for the succeeding term.

SEC. 100. No person shall be eligible to the offices men

Sec. 99. As to time for holding election of Coroner to fill vacancy, see Perry v. McCullough, 15 Ky. Law Rep., 117.

tioned in sections ninety-seven and ninety-nine who is not at the time of his election twenty-four years of age (except Clerks of County and Circuit Courts, who shall be twenty-one years of age), a citizen of Kentucky, and who has not resided in the State two years and one year next preceding his election in the county and district in which he is a candidate. No person shall be eligible to the office of Commonwealth's Attorney unless he shall have been a licensed practicing lawyer four years. No person shall be eligible to the office of County Attorney unless he shall have been a licensed practicing lawyer 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 a 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.

SEC. 101. Constables shall possess the same qualifications as Sheriffs, and their jurisdiction shall be co-extensive with the counties in which they reside. Constables now in office shall continue in office until their successors are elected and qualified.

SEC. 102. When a new county shall be created, officers for the same, to serve until the next regular election, shall be elected or appointed in such way and at such times as the General Assembly may prescribe.

SEC. 103. The Judges of County Courts, Clerks, Sheriffs, Surveyors, Coroners, Jailors, Constables, 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 may be prescribed by law.

Sec. 100. Sufficient to have certificte of qualification at time fixed for taking office. (Kirkpatrick v. Brumfield, 17 Ky. Law Rep., 376.)

SEC. 104. The General Assembly may abolish the office of Assessor and provide that the assessment of property shall be made by other officers; but it shall have power to re-establish the office of Assessor and prescribe his duties. No person shall be eligible to the office of Assessor two consecutive terms.

SEC. 105. The General Assembly may, at any time, consolidate the offices of Jailor and Sheriff in any county or counties, as it shall deem most expedient; but in the event such consolidation be made, the office of Sheriff shall be retained, and the Sheriff shall be required to perform the duties of Jailer.

SEC. 106. The fees of county officers shall be regulated by law. In counties or cities having a population of seventy-five thousand or more, the Clerks of the respective courts thereof (except the Clerk of the City Court), the Marshals, the Sheriffs, and the Jailers, shall be paid out of the State Treasury, by salary to be fixed by law, the salaries of said officers and of their deputies and necessary office expenses not to exceed seventy-five per centum of the fees collected by said officers, respectively, and paid into the Treasury.

SEC. 107. The General Assembly may provide for the election or appointment, for a term not exceeding four years, of such other county or district ministerial and executive officers, as may from time to time, be necessary.

SEC. 108. The General Assembly may, at any time after the expiration of six years from the adoption of this Con

Sec. 106. Section 1776 of Kentucky Statutes, limiting fees of county officers, is not unconstitutional. (Commonwealth v. Chinn, &c., 17 Kv. Law Rep., 447.) (2) Legislation required to put this section into effect. (Norman, Auditor, v. Cain, Clerk, 17 Ky. Law Rep., 492.) Winston v. Stone, 19 R., 1483; Stone v. Wilson, 19 R., 126. Sec. 107. Act providing for appointment of official indexer by Judges of Jefferson Circuit and County Courts not unconstitutional. (Roberts v. Cain, 17 Ky. Law Rep., 459.) Board of Councilmen v. Bronner, 100 Ky., 166: Hoke v. Ritchie, 100 Ky., 66; Purnell v. Mann, 20 R., 1146; Com. Sinking Fund v. George, etc., 20 R., 938.

stitution, abolish the office of Commonwealth's Attorney, to take effect upon the expiration of the terms of the incumbents, in which event the duties of said office shall be discharged by the County Attorneys.

THE JUDICIAL DEPARTMENT.

SEC. 109. The judicial power of the Commonwealth, both as to matters of law and equity, shall be vested in the Senate when sitting as a court of impeachment, and one Supreme Court (to be styled the Court of Appeals) and the courts established by this Constitution.

COURT OF APPEALS.

SEC. 110. The Court of Appeals shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations not repugnant to this Constitution, as may from time to time be prescribed by law. Said court shall have power to issue such writs as may be necessary to give it a general control of inferior jurisdictions.1

SEC. 111. The Court of Appeals shall be held at the seat of government; but if that shall become dangerous, in case of war, insurrection or pestilence, it may adjourn to meet and transact its business at such other place in the State as it may deem expedient for the time being.

SEC. 112. The Judges of the Court of Appeals shall severally hold their offices for the term of eight years, commencing on the first Monday in January next succeeding their respective elections, and until their several successors are qualified, subject to the conditions hereinafter prescribed. For any reasonable cause the Governor shall remove them, or any one of or more of them, on the address

(1) Sec. 110 gives Court of Appeals power to issue writs necessary to give it control of inferior courts. (Hindman, &c., v. Toney, 17 Ky. Law Rep., 286.) Preston v. Fidelity Trust Co., 94 Ky., 295; Goldsmith v. Owen, 95 Ky., 420; Kelly v. Toney, 95 Ky., 338.

of two-thirds of each House of the General Assembly. The cause or causes for which said removal shall be required shall be stated at length in such address and in the journal of each House. They shail at stated times receive for their services an adequate compensation, to be fixed by law.

SEC. 113. The Court of Appeals shall, after eighteen hundred and ninety-four, consist of not less than five nor more than seven Judges. They shall, severally, by virtue of their office, be conservators of the peace throughout the State, and shall be commissioned by the Governor.

SEC. 114. No person shall be eligible to election as a Judge of the Court of Appeals who is not a citizen of Kentucky and has not resided in this State five years and in the district in which he is elected two years next preceding his election, and who is less than thirty-five years of age, and has not been a practicing lawyer eight years, or whose services upon the bench of a Circuit Court or court of similar jurisdiction, when added to the time he may have practiced law, shall not be equal to eight years.

SEC. 115. The present Judges of the Court of Appeals shall hold their offices until their respective terms expire, and until their several successors shall be qualified; and at the regular election next preceding the expiration of the term of each of the present Judges, his successor shall be elected. The General Assembly shall, before the regular election in eighteen hundred and ninety-four, provide for the election of such Judges of the Court of Appeals, not less than five nor exceeding seven, as may be necessary; and if less than seven Judges be provided for, the General Assembly may, at any time, increase the number to seven.

SEC. 116. The Judges of the Court of Appeals shall be elected by districts. The General Assembly shall, before

Sec. 114. Required qualifications relate to time of election. (Kirkpatrick v. Brumfield, 17 Ky. Law Rep., 376.)