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eral term shall have power to review any order, decision or proceeding of any branch of the court in said district made in separate term. There shall be one Clerk for such district, who shall be known as the Clerk of the Circuit Court. Criminal causes shall be under the exclusive jurisdiction of some one branch of said court, and all other litigation in said district, of which the Circuit Court may have jurisdiction, shall be distributed as equally as may be between the other branches thereof, in accordance with the rules of the court made in general term or as may be prescribed by law. SEC. 138. Each county having a city of twenty thousand inhabitants, and a population, including said city of forty thousand or more, may constitute a district, and when its population reaches seventy-five thousand, the General Assembly may provide that it shall have an additional Judge, and such district may have a judge for each additional fifty thousand population above one hundred thousand. And in such counties the General Assembly shall, by proper laws, direct in what manner the court shall be held and the business therein conducted.

QUARTERLY COURTS.

SEC. 139. There shall be established in each county now existing, or which may be hereafter created, in this State, a court, to be styled the Quarterly Court, the Jurisdiction of which shall be uniform throughout the State, and shall be regulated by a general law, and, until changed, shall be the same as that now vested by law in the Quarterly Courts of

Sec. 138. Special practice acts stand unrepealed by this Constitution until the Legislature shall pass a general law regulating the practice in Circuit Courts. (Piper v. Gunther & Sons, MS. Op. Court of Appeals, November 4, 1893.) (2) An act of the Legislature creating a county a separate judicial district is not evidence that the county has a population of forty thousand, in a matter affecting the fees of county officers. Commonwealth v. Chinn, &c., 17 Ky. Law Rep., 447.)

this Commonwealth. The Judges of the County Court shall be the Judges of the Quarterly Courts.

COUNTY COURTS.

SEC. 140. There shall be established in each county now existing, or which may be hereafter created, in this State, a Court to be styled the County Court, to consist of a Judge, who shall be a conservator of the peace, and shall receive such compensation for his services as may be prescribed by law. He shall be commissioned by the Governor, and shall vacate his office by removal from the county in which he may have been elected.

SEC. 141. The jurisdiction of the County Court shall be uniform throughout the State, and shall be regulated by general law, and, until changed, shall be the same as now vested in the County Courts of this State by law.

JUSTICES' COURTS.

SEC. 142. Each county now existing, or which may hereafter be created, in this State, shall be laid off into districts in such manner as the General Assembly may direct; but no county shall have less than three nor more than eight districts, in each of which districts one Justice of the Peace shall be elected as provided in section ninety-nine. The General Assembly shall make provisions for regulating the number of said districts from time to time within the limits herein prescribed, and for fixing the boundaries thereof. The jurisdiction of Justices of the Peace shall be coextensive with the county, and shall be equal and uniform throughout the State. Justices of the Peace shall be conservators of the peace. They shall be commissioned by the Governor, and shall vacate their offices by removal from the districts, respectively, in which they may have been elected.1

(1) Sec. 142. Lowry v. Com., 18 R., 481; McTigue v. Com., 99 Ky., 66; Galot v. Pierce, 18 R., 1004.

POLICE COURTS.

SEC. 143. A Police Court may be established in each city and town in the State, with jurisdiction in cases of violation of municipal ordinances and by-laws occurring within the corporate limits of the city or town in which it is established, and such criminal jurisdiction within the said limits as Justices of the Peace have. The said courts may be authorized to act as examining courts, but shall have no civil jurisdiction: Provided, The General Assembly may confer civil jurisdiction on Police Courts in cities and towns of the fourth and fifth classes and in towns of the sixth class having a population of two hundred and fifty or more, which jurisdiction shall be uniform throughout the State, and not exceed that of Justices of the Peace.2

FISCAL COURTS.

SEC. 144. Counties shall have a Fiscal Court, which may consist of the Judge of the County Court and the Justices of the Peace, in which Court the Judge of the County court shall preside, if present; or a county may have three Commissioners, to be elected from the county at large, who, together with the Judge of the County Court shall constitute the Fiscal Court. A majority of the members of said court shall constitute a Court for the transaction of business. But where, for county governmental purposes, a city is by law separated from the remainder of the county, such Commissioners may be elected from the part of the county outside of such city.

SUFFRAGE AND ELECTIONS.

SEC. 145. Every male citizen of the United States of the age of twenty-one years, who has resided in the State one

(2) Sec. 143. Com. v. Hunter, 19 R., 1109; Com. v. Wickersham, 39 Ky., 21: City v. Simms. 99 Ky., 49; City v. Parks, 99 Ky., 351; Taylor v. Cem., 98 Ky., 271.

year, and in the county six months, and in the precinct in which he offers to vote sixty days, next preceding the election, shall be a voter in said precinct and not elsewhere; but the following persons are excepted and shall not have the right to vote:

First: Persons convicted in any court of competent jurisdiction of treason, or felony, or bribery in an election, or of such high misdemeanor as the General Assembly may declare shall operate as an exclusion from the right of suffrage; but persons hereby excluded may be restored to their civil rights by Executive pardon.1

Second: Persons who, at the time of the election, are in confinement under the judgment of a court for some penal offense.

Third: Idiots and insane persons.

SEC. 146. No person in the military, naval or marine serIvice of the United States shall be deemed a resident of this State by reason of being stationed within the same.

SEC. 147. The General Assembly shall provide by law for the registration of all persons entitled to vote in cities and towns having a population of five thousand or more; and may provide by general law for the registration of other voters in the State. Where registration is required, only person registered shall have the right to vote. The mode of registration shall be prescribed by the General Assembly. In all elections by persons in a representative capacity the voting shall be rire voce and made a matter of record; but all elections by the people shall be by secret official ballot, furnished by public authority to the voters at the polls, and marked by each voter in private at the polls and then and there deposited. The word "Elections" in this section includes the decision of questions submitted to the voters, as well as the choice of officers by them. The

(1) Sec. 145. Cowan v. Prowse, 93 Ky., 156.

first General Assembly held after the adoption of this Constitution shall pass all necessary laws to enforce this provision, and shall provide that persons illiterate, blind, or in any way disabled, may have their ballots marked as herein required.

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SEC. 148. Not more than one election each year shall be held in this State or in any city, town, district or county thereof, except as otherwise provided in this Constitution. All elections of State, county, city, town or district officers shall be held on the first Tuesday after the first Monday in November; but no officer of any city, town, or county, or of any subdivision thereof, except members of municipal legislative boards, shall be elected in the same year in which members of the House of Representatives of the United States are elected. District or State Officers, including members of the General Assembly, may be elected in the same year in which members of the House of Representatives of the United States are elected. All elections by the people shall be between the hours of six o'clock A. M. and seven o'clock P. M., but the General Assembly may change said hours, and all officers of any election shall be residents and voters in the precinct in which they act. The General Assembly shall provide by law that all employers shall allow employees, under reasonable regulations, at least four hours on election days, in which to cast their votes.

SEC. 149. Voters, in all cases except treason, felony, breach or surety of the peace, or violation of the election laws,

Sec. 148. Even conceding that this section applies to vacancies it can not be given full effect until the elective machinery of this Constitution shall have been put in full running order. Therefore an election to fill vacancy in office of Coroner was properly held in November, 1892, although Congressmen were then elected. (Berry v. McCulloch, 16 Ky. Law Rep., 117.) (2) What length of time constitutes an election day determined. (Commonwealth v. Murphy, Ky., 39.) (3) Cited in Brown, &c., v. Holland, &c., 17 Ky. Law Rep., 155; Cowan v. Prowse, 93 Ky., 156; Belknap v. City of Lou., 99 Ky., 474.

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