SEC. 10. The people shall be secure in their persons, houses, papers and possessions, from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.

SEC. 11. In all criminal prosecutions the accused has the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. He can not be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land; and in prosecutions by indictment or information, he shall have a speedy public trial by an impartial jury of the vicinage; but the General Assembly may provide by a general law for a change of venue in such prosecutions for both the defendant and the Commonwealth, the change to be made to the most convenient county in which a fair trial can be obtained.1

SEC. 12. No person, for an indictable offense, shall be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, or by leave of court for oppression or misdemeanor in office.

SEC. 13. No person shall, for the same offense, be twice put in jeopardy of his life or limb nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.2

(1) Sec. 11. Adkins v. Com., 98 Ky., 539; Jackson v. Com., 100 Ky., 239.

(2) Sec. 13. Gaskins v. Com.. 97 Ky.. 494; Huff v. Com., 19 R.. 1064; Carrico v. Calvin, 92 Ky., 342; South Cov. R. W. Co. v. Berry, 93 Ky., 43; Shake v. Frazier, 14 R., 798.

SEC. 14. All courts shall be open and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.3

SEC. 15. No power to suspend laws shall be exercised, unless by the General Assembly or its authority.

SEC. 16. All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it. SEC. 17. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment inflicted.4

SEC. 18. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.

SEC. 19. No ex post facto law, nor any law impairing the obligation of contracts, shall be enacted.1

SEC. 20. No person shall be attainted of treason or felony by the General Assembly, and no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth.

SEC. 21. The estate of such persons as shall destroy their own lives shall descend or vest as in cases of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

SEC. 22. No standing army shall, in time of peace, be maintained without the consent of the General Assembly; and the military shall, in all cases and at all times; be in strict subordination to the civil power; nor shall

any

(3) Sec. 14. Paducah Hotel Co. v. Long, 92 Ky., 278. (4) Sec. 17. Harper v. Com., 93 Ky., 290; Lovell v. Com., 93 Ky., 507.

(1) Sec. 19. Cov. & Lex. T. R. Co., v. Lanford, 14 R., 689; Com. v. Cov. & Cin. Bridge Co., 14 R., 836.

soldier, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner prescribed by law.

SEC. 23. The General Assembly shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment of which shall be for a longer time than a term of years.

SEC. 24. Emigration from the State shall not be prohibited.

SEC. 25. Slavery and involuntary servitude in this State are forbidden, except as a punishment for crime, whereof the party shall have been duly convicted.

SEC. 26. To guard against transgression of the high powers which we have delegated, WE DECLARE that everything in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.

DISTRIBUTION OF THE POWERS OF GOVERNMENT.

SEC. 27. The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to-wit: Those which are legislative, to one; those which are executive to another; and those which are judicial, to another.

SEC. 28. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.1

(1) Sec. 28. Stone v. Wilson, 19 R., 196, cverruling Com. v. Adams. 95 Ky., 589: Morton v. Woodford, 99 Ky., 367; Lewis v. Town of Brandenburg, 20 R., 1011; Comr's. Sinking Fund v. George, etc., 20 R., 938; Purnell v. Mann, 20 R., 1146.

LEGISLATIVE DEPARTMENT.

SEC. 29. The legislative power shall be vested in a House of Representatives and a Senate, which together shall be styled the "General Assembly of the Commonwealth of Kentucky."2

SEC. 30. Members of the House of Representatives and Senators elected at the August election in one thousand eight hundred and ninety-one, and Senators then holding over, shall continue in office until and including the last day of December, one thousand eight hundred and ninetythree. Thereafter the term of office of Representatives and Senators shall begin upon the first day of January of the year succeeding their election.

SEC. 31. At the general election in the year one thousand eight hundred and ninety-three one Senator shall be elected in each Senatorial District, and one Representative in each Representative District. The Senators then elected shall hold their offices, one-half for two years and one-half for four years, as shall be determined by lot the first session of the General Assembly after their election, and the Representatives shall hold their offices for two years. Every two years thereafter there shall be elected for four years one Senator in each Senatorial District in which the term of his predecessor in office will then expire, and in every Representative District one Representative for two years.

SEC. 32. No person shall be a Representative who, at the time of his election, is not a citizen of Kentucky, has not attained the age of twenty-four years, and who has not resided in this State two years next preceding his election, and the last year thereof in the county, town or city for which he may be chosen. No person shall be a Senator who, at the time of his election, is not a citizen of Ken

(2) Sec. 29 Fowler v. Com., 96 Ky., 166.

tucky, has not attained the age of thirty years, and has not resided in this State six years next preceding his election, and the last year thereof in the district for which he may be chosen.

SEC. 33. The First General Assembly after the adoption of this Constitution shall divide the State into thirty-eight Senatorial districts, and one hundred Representative districts, as nearly equal in population as may be without dividing any county, except where a county may include more than one district, which district shall constitute the Senatorial and Representative districts for ten years. Not more than two counties shall be joined together to form a Representative district: Provided, In doing so the principle requiring every district to be as nearly equal in population as may be shall not be violated. At the expiration of that time, the General Assembly shall then, and every ten years thereafter, re-district the State according to this rule, and for the purposes expressed in this section. If, in making said districts, inequality of population should be unavoidable, any advantage resulting therefrom shall be given to districts having the largest territory. No part of a county shall be added to another county to make a district, and the counties forming a district shall be contiguous.1

SEC. 34. The House of Representatives shall choose its Speaker and other officers, and the Senate shall have power to choose its officers biennially.

SEC. 35. The number of Representatives shall be one hundred, and the number of Senators thirty-eight.

SEC. 36. The first General Assembly, the members of which shall be elected under this Constitution, shall meet on the first Tuesday after the first Monday in January, eighteen hundred and ninety-four, and thereafter the Gen

(1) Sec. 33. Mullin v. McDonald, 19 R., 224.