Imágenes de páginas

fraud, shal Roter, bone

? Pemainder. ted by law. Alles, when


quiet and

it so as

to be by him appointed during pleasure, whose services he may at all times command; and for whose compensation provision shall be made by law.13

Sec. 22. All commissions shall be in the name of The Freemen of the State of Vermont, sealed with the State Seal, signed by the Governor, and in hisí absence by the Lieutenant-Governor, and attested by the Secretary: which Seal shall be kept by the Governor.

SEC. 23. No person shall be eligible to the office of Governor or Lieutrient sure tenant-Governor until he shall have resided in this State four years nest

SEC. 33. preceding the day of his election.

will be a W SEC. 24. The Legislature shall provide by general law what officer shall No to ren act as Governor whenever there shall be a vacancy in both the offices of

1.16 Gorernor and Lieutenant-Governor, occasioned by a failure to elect, or by the removal from office, or by the death or resignation of both Governor and NEC, 34. Lieutenant-Governor, or by the inability of both Governor and LieutenantGovernor to exercise the powers and discharge the duties of the office of

tably to Governor; and such officer so designated, shall exercise the powers and die

one whole charge the 'duties appertaining to the office of Governor accordingly until the disability shall be removed, or a Governor shall be elected. And in case u shall be there shall be a vacancy in the office of Treasurer, by reason of any of the You sole causes enumerated, the Governor shall appoint a Treasurer for the time being,

ufrage, tou who' shall act as Treasurer until the disability shall be removed, of a new election shall be made.14

d of the SEC. 25. The Treasurer of the State shall, before entering upon the duties Hang man. of his office, give sufficient security to the Secretary of State, in behalf of the State of Vermont, before the Governor of the State or one of the Jos

SEC. 35. tices of the Supreme Court. And Sheriffs and High Bailiffs, before entering

bitor of upon the duties of their respective offices, shall give sufficient security ?"

Onty Cou the Treasurer of their respective counties, before one of the Justices of the

and Justices Supreme Court, or the two Assistant Judges of the County Court of theit

der the fir respective counties, in' such manner and in such sums as shall be directed by

ST, 3, thie Legislature.15 SEC. 26. The Treasurer's accounts shall be annually audited, and a fair

the free state thereof laid before the General Assembly at its biennial session in Ja

Ft after uiry.

Sic. 32 SEC. 27. No money shall be drawn out of the Treasury, unless first an

als, give propriated by act of legislation.

e time, JUDICIARY DEPARTMENT. SEC. 28. The Courts of Justice shall be open for the trial of all caus proper for their cognizance; and justice shall be therein impartially admine tered, without corruption, or unnecessary delay. The Justices of the Suprem

*lur. A Court shall be Justices of the Peace throughout the State; and the serena Judges of the County Courts, in their respective counties, by virtue of the Office, except in the trial of such causes as may be appealed to the Cocity Court.

SEC. 20. The Legislature may, 'when they shall conceive the same to four expedient and necessary, erect a Court of Chancery, with such powers as a usualls exercised by that Court, or is 'shall appear for the interest of the Commonwealth. I'rovided they do not constitute themselves the Judges of the Suid Court.

SEC. :30. Trials of issues, proper for the cognizance of at Jury, in_tbe Supreme and County Courts, shall be by Jury, except where parties other te gree; and great care ought to be taken to prevent corruption or in the choice and return, or appointment of Juries.

SEC. 31. 411 prosecutions shall commence. By the authority of the State of Vermont."

All Indictments shall conclude with these words, “against the peace and dignity of thie State."

And all fines shall be proportioned to the offences,

esist of )

[ocr errors]
[ocr errors]
[ocr errors]

nail jer his ball

w these

one 0 Heresent atatire

[ocr errors]


El Bai

[ocr errors]

13 Amendment No. 8, 1836.
14 Amendment No. 21, 1850.
15 Amendment No. 22, 1850.

The person of a debtor, where there is not strong presumption ll not be continued in prison after his delivering up and assign

fide, all his estate, real and personal, in possession, reversion - for the use of his creditors, in such manner as shall be regu

And all prisoners, unless in execution, or committed for capital 1 the proof is evident or presumption great, shall be bailable by eties ; nor shall excessive 'bail be exacted for bailable offences.

The Writ of Habeas Corpus shall in no case be suspended.' It rit issuable of right, and the General Assembly shall make proader it a speedy and effectual remedy in all cases proper there

QUALIFICATIONS OF FREEMEN. Every man of the full age of twenty-one years, who is a natural of this or some one of the United States, or has been naturalized

the Acts of Congress, having resided in this State for the space e year next before the election of Representatives, and who is of

peaceable behavior, and will take the following oath or affirmabe entitled to all the privileges of a freeman of this State: emnly swear (or affirm) that whenever you give your vote or uching any matter that concerns the State of Vermont, you will in your conscience you shall judge will most conduce to the best

as established by the Constitution, without fear or favor


[ocr errors]

ELECTIONS-OFFICERS---TERMS OF OFFICE. The Governor, Lieutenant-Governor, Treasurer, Secretary of State, Accounts, Senators, Town Representatives, Assistant Judges of the urt, Sheriff's, High Bailiffs, State's Atorneys, Judges of Probate s of the Peace, shall be elected biennially on the first Tuesday next rst Monday of November, beginning in A. D. 1911.18 i The House of Representatives of the freemen of this State, shall persons most noted for wisdom and virtue, to be chosen by ballot, emen of every town in this State, respectively, on the first Tuesday

the first. Monday of November, beginning in A, D. 1914,19 7. The freemen of the several towns in each county shall, biene tbeir votes for the Senators apportioned to such county, at the , and under the same regulations, as are provided for the election or in section 39. And the person or persons, equal to the number rs, apportioned to such county, having the greatest number of legal such county respectively, shall be the Senator or Senators of such at every election of Senators, after the votes shall have been taken, able or presiding officer, assisted by the Selectmen and civil authority hall sort and count the said votes, and make two lists of the names rsons voted for, with the number of votes given for each annexed me, a record of which shall be made in the Town Clerk's office, and | up said lists, separately, and write on each the name of the town, e words, Votes for Senator, or, Votes for Senators, as the case may of which lists shall be delivered, by the presiding officer, to the tative of said town (if any) and if none be chosen, to the Repre

of an adjoining town, to be transmitted to the President of the The other list, the said presiding officer shall, within ten days, deliver lerk of the County Court for the same county; and the Clerk of each Court, respectively, or in case of his absence, or disability, the of such county, or in case of the absence or disability of both, the iliff of such county, on the tenth day after such election, shall publicly rt, and count said votes; and make a record of the same in the office

hendment No. 12, 1836.
nendment No. 1, 1828.
nendment No. 3, 1836; Nos. 19, 20 and 23, 1850: No. 24, Section o, 1870;

No. 2, 1913. See Note 5.
mendment No. 24, Section 1, 1870; Proposal No. 2, 1913. Sep Note 5.

[merged small][ocr errors][ocr errors][merged small]

of the Clerk of such County Court, a copy of which he shall transmit to the Senate; and shall also, within ten days thereafter, transmit to the person or persons elected, a certificate of his or their election, Provided, however, that the General Assembly shall have power to regulate by law the mode of balloting for Senators, within the several counties, and to prescribe the means and the manner, by which the result of the balloting shall be ascertained

, and through which the Senator's chosen shall be certified of their election

, and for filling all vacancies in the Senate, which shall happen by death, resignation or otherwise. But they shall not have power to apportion the Senators to the several counties, otherwise than according to the population therent : greeably to the provisions hereinbefore ordained. 20

SEC. 38. The term of office of Senators and Town Representatives shall be two years, commencing on the first Wednesday next after the first Monday of January following their election 21

SEC, 39. The freemen of each town shall, on the day of election for choosing Representatives to attend the General Assembly, bring in their votes for Governor, with his name fairly written, to the Constable, who shall seal them up, and write on them, Votes for Governor, and deliver them to the Repre sentatives chosen to attend the General Assembly; and at the opening of the General Assembly, there shall be a committee appointed out of the Senate und House of Representatives, who, after being duly sworn to the faithful lischarge of their trust, shall proceed to receive, sort, and count the votes for Governor, and declare the person who has the major part of the votes to be Governor for the two years ensuing. The Lieutenant-Governor and the Treasurer shall be chosen in the manner above directed. The votes for Governor, Lieutenant-Governor, and Treasurer, of the State

, shall be sorted and counted, and the result declared, by a committee appointed by the Senate :und House of Representatives.

If, at any time, there shall be no election, by the freemen, of Governor, Lieutenant-Governor, or Treasurer, of the State, the Senate and House of Representatives shall by a joint ballot, elect' to fill the office, not filled by the free men as a foresaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned.??

SEC. 40. The Secretary of State and the Auditor of Accounts shall be elected by the freemen of the State upon the same ticket with the Governor, Lieutenant-Governor, and Treasurer; and the Legislature shall carry this pro vision into effect by appropriate legislation.23

SEC. 41. The term of office of the Governor, Lieutenant-Governor an! Treasurer of the State, respectively, shall commence when they shall be (hosen und qualified, and shall continue for the term of two years, or until their successors shall be chosen md qualified, or to the adjournment of the session of the Legislature at which, by the Constitution and laws, their suje cessors are required to be chosen, and not after such adjournment.24

SEC. 12. The Justices of the Supreme Court and the Judges of the sereral County Courts (except Assistant Judges of the County Court). Major-General und Brigadier-Generals, shall be elected by the Senate and House of Reprt sentatives in Joint Assembly, "at which the presiding officer of the Senate xhall preside: and such presiding officer in such Joint Assembly shall have : casting' vote, and no other. 25 their election (or oftener if need bey elect Justices of the Supreme Court and

SEC. 13. The Joint Assembly 'may biennially on their first session afte
Courts) and also may elect Major-Generals and Brigadier-Generals from time
Judges of the several County Courts (except Assistant Judges of the County
to time, is often as there shall be occasion.26

20 Amendment No. 5, 1836; and No. 24, Section 2, 1870.
2. Amendment No. 24, Section 4, 1870; Proposal 'No. 2, 1913. See Note 5.
22 Amendment No. 9,'1836; and No. 24, Sections 2 and 3, 1870.
* Amendment No. 28, 1883.
* Amendment No: 10, 1836; and, N4: 14 Sheation, 1s507 and No. 24, Sections : 38
** Amendment No. 10, 1836: No. 14. 1850; No. 24, Section 2, and No. 26, 1879

[merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors]

26, 1870.

H. The Justices of the Supreme Court shall be elected biennially,

term of office shall be two years. 27 15.

The Assistant Judges of the County Court, Sheriffs, High Bailiffs, e's Attorneys shall be elected by the freemen of their respective

46. Judges of Probate shall be elected by the freemen of their rerobate districts, 29 27. Justices of the Peace shall be elected by the freemen of their e towus; and towns having less than one thousand inhabitants may . number of Justices of the Peace not exceeding five; towns baring sand and less than two thousand inhabitants, may elect seven; towns wo thousand and less than three thousand inhabitants, may elect ten; ving three thousand and less than five thousand inhabitants may elect und towns having five thousand, or more, inhabitants may elect fifteen of the Peace:30 18. The term of office of the Assistant Judges of the County Courts, High Bailiffs, State's Attorneys, Judges of Probate and Justices of e, shall be two years, 'and shall commence on the first day of February er their election.31

19). The election of the several officers mentioned in the preceding shall be made at the times and in the manner now directed in the tion for the choice of Senators. And the presiding officer of each $ weeting, after the votes shall have been taken, sorted and counted.

open meeting, make a certificate of the names of all persons voted h the number of yotes given for each annexed to his name, and ing the office for which the votes were given, a record of which shall

in the Town Clerk's office, and be shall seal up said certificate, and 'ite thereon tbe name of the town and the words, Certificate of Votes

and add thereto, in writing, the title of the office voted the case may be, and shall deliver such certificate to some Repree chosen as a member of the General Assembly, whose duty it shall inse such certificate of votes to be delivered to the committee of the

Assembly appointed to canvass the same. And at the sitting of the Assembly, next after such balloting for the officers aforesaid, there

al committee appointed of ind by the General Assembly, who' shall u to the faithful discharge of their duty, and whose duty it shall be ine such certificates and ascertain the number of votes given for each ce, and the persons receiving the largest number of votes for the e offices, shall be declared duly elected, and by such committee be

to the General Assembly and the officers so elected shall be come by the Governor. And if two or more persons designated for any said offices, shall have received an equal number of votes, the General y shall elect one of such persous to such office.32

No person in this State shall be capable of holding or exernore than one of the following offices at the same time: Governor. int-Governor, Justice of the Supreme Court. Treasurer of the State. of the Senate, member of the House of Representatives, Surveyor

or Sheriff. Nor shall any person holding any office of profit or trust be authority of Congress, be eligible to any appointment in the Legisir to any executive or judiciary office under this State,

jl. All elections, whether by the people or the Legislature, shall and voluntary: and any elector who shall receive any gift or or his vote, in meat, drink, moneys or otherwise, shall forfeit his elect at that time, and suffer such other penalty as the law shall


nendment No. 26, 1870. nendments Nos. 14, 15 and 16. 1850. nendment No. 17, 1850. nendment No. 18, 1850. nendments No. 19, 1850; No. 24. Section 5, 1870; and Proposal No. 2, 1918,

nendments No. 5. 1836: No. 20, 1850; and No. 24, Section 2, 1870.





direct; and any person who shall directly or indirectly give, promise, or le

Sec ji. As every freeman, to pre stow, any such rewards to be elected, shall thereby be rendered incapable to beat estate) ought to have some serve for the ensuing year, and be subject to such further punishment as be may bonestly subsist, there

ishing offices of profit, the usual the Legislature shall direct.

it, unbeconing freemen, in the

sation and discord among the people SEC. 52. Every officer, whether judicial, executive, or military, in autbe me to the prejudice of his private ity under this State, before he enters upon the execution of his office, shuil persation : a nd whenever an office take and subscribe the following oath or affirmation of allegiance to this es profitable as to occasion State (unless he shall produce evidence that he has before taken the same lessened by the Legislature. An and also the following oath or affirmation of office, except military oficer take greater fees than the law and such as shall be exempted by the Legislature.

from holding any office in this


Sac JS.

All deetls and conveya You do solemnly swear (or atfirm) that you will be true and faithful to Clerk's office in their respectiv the State of lermont, and that you will not, directly or indirectly, do byty lerk's office in the same co act or thing injurious to the Constitution or Government thereof. (If a 11. 12. The Legislature shall oath) So help you God. (If an affirmation) L'nder the pains and penaltis seat perjetuities. of perjury.

To deter more effectua uw visible punishments of long

ats less vecessary, means ough You

do soleinnly swear (or affirm) that you will faithfully those who shall be convicted execute the office of

for the


ball be employed for the bene and will therein do equal right and justice to all men, to the best of petinjuries done to private persons : judgment and ability, according to law. (If an oath) So help you God permitted to see them at thei (If an affirmation) Under the pains and penalties of perjury.

SEC. 61. The estates of such r

Dot. for that offence, be forfei

Lamier as if such persons had SEC. 33. The House of Representatives shall have the power to ordine which shall accidently occasic impeachments, which shall in all cases be by a rote of two-thirds of Lad or in any wise forfeited on members. 33

Every person of good ci SEC. 51. Every officer of State, whether judicial or executive, shall be

e prst taken an oath or affi liable to be impeached by the House of Representatives, either when in my bax or by other just means or after his resignation or removal for maladministration.34

state: und after one year's The Senate shall bave the sole power of trying and deciding uporeof, and entitled to all rights impeachments. When sitting for that purpose, they shall be on oath, or affir

Tept the privileges of a freeman tion, and no person shall be convicted, without the concurrence of two-third iml. and except also that of the members present. Judgment in cases of impeachment shall not extend

Representative in As further than to removal from office and disqualification to hold or enjoy Fligible to the office of office of honor, or profit, or trust, under this State.

But the person base resided in this state as victed shall, nevertheless, be liable and subject to indictment, trial, ja EC. 33. The inhabitants oft ment, and punishment, according to law.

ast and fowl on the lands th

like manner to fish in all boat SEC. 55. The inhabitants of this state shall be trained and armed the best proper regulations, to be mad

SEC. **. its defence, under such regulations, restrictions, and exceptions, as Congresi i greeably to the Constitution of the United States, and the Legislaturality, ought to be constantithis state, shall direct. The several companies of Militia shall

, as die perent number of schools oug its vacancies happen, elect their Captain and other ofħcers, and the Captaiseritat instruction of youth; and Subalterns shall nominate and recommend the field officers of their reperati and properly supported

Es scrieties, or bodies of men spective regiments, who shall appoint their staff officers.

frasement of religion and learni

te brouraged and protected i GENERAL PROVISIONS. SEC. 56. No person ought in any case, or in any time, to be declared states which they in justic guilty of treason or felony, by the Legislature, nor to have his sentence was meral Assembly of this state

SEL. f. No charter of incorconviction for felony commuted, remitted, or mitigated by the Legislature.

beaded by special law, excep

el reformatory corporations 33 Amendment No. 25, Section 3, 1870.

34 Amendments Nos. 7 and 8, 1836. house on January in janua concurred in by the senate, on January 30. 1913, comund te for the organization of all the * Proposul

. No 1, made by the senate on December 7, 1919, concurred in bs di Lutrole of the State but the adopted on April 8, 1913,




Laws for the encoura

« AnteriorContinuar »