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committed before the adoption of this Constitution, may be proceeded upon as if no change had taken place. The several courts of law and equity, except as herein otherwise provided, shall continue with the like powers and jurisdiction as if this Constitution had not been adopted.

2. All officers now filling any office or appointment, shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, unless, by this Constitution it is otherwise directed.

3. The present Governor, Chancellor, and Ordinary or Surrogate General, and Treasurer, shall continue in office until successors elected or appointed under this Constitution shall be sworn into office.

4. In case of the death, resignation, or disability of the present Governor, the person who may be Vice President of Council at the time of the adoption of this constitution shall continue in office, and administer the government, until a Governor shall have been elected and sworn or affirmed into office under this Constitution.

5. The present Governor, or in case of his death, or inability to act, the Vice President of Council, together with the present members of the Legislative Council and Secretary of State shall constitute a board of State canvassers, in the manner now provided by law, for the purpose of ascertaining and declaring the result of the next ensuing election for Governor, members of the House of Representatives, and electors of President and Vice President.

6. The returns of the votes for Governor, at the said next ensuing election shall be transmitted to the Secretary of State, the votes counted, and the election declared, in the manner now provided by law in the case of the election of electors of President and Vice President.

7. The election of clerks and surrogates in those counties where the term of office of the present incumbents shall expire previous to the general election of eighteen hundred and forty-five, shall be held at the general election next ensuing the adoption of this Con

stitution; the result of which election shall be ascertained in the manner now provided by law for the election of sheriffs.

8. The elections for the year eighteen hundred and forty-four shall take place as now provided by law.

9. It shall be the duty of the Governor to fill all vacancies in office happening between the adoption of this Constitution and the first session of the Senate, and not otherwise provided for; and the commissions shall expire at the end of the first session of the Senate, or when successors shall be elected, or appointed and qualified.

10. The restriction of the pay of members of the Legislature, after forty days from the commencement of the session, shall not be applied to the first Legislature convened under this Constitution.

11. Clerks of counties shall be clerks of the inferior Courts of Common Pleas and Quarter-Sessions of the several counties, and perform the duties, and be subject to the regulations, now required of them by law, until otherwise ordained by the Legislature.

12. The Legislature shall pass all laws necessary to carry into effect the provisions of this Constitution.

Done in convention at the State House, in Trenton, on the twenty-ninth day of June, in the year of our Lord one thousand eight hundred and forty-four, and of the Independence of the United States of America the sixtyeighth. ALEXANDER WURTS,

President of the Convention.

WILLIAM PATTERSON, Secretary.

TH. J. SAUNDERS, Assistant Secretary.

CONSTITUTION OF PENNSYLVANIA.

ARTICLE 1.

SEC. 1. The legislative power of this commonwealth shall be vested in a general Assembly, which shall consist in a Senate, and House of Representatives.

2. The representatives shall be chosen annually, by the citizens of the city of Philadelphia, and of each county respectively, on the second Tuesday of October.

3. No person shall be a representative who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State three years next preceding his election, and the last year thereof an inhabitant of the district in and for which he shall be chosen a representative, unless he shall have been absent on the public business of the United States or of this State.

4. Within three years after the first meeting of the general Assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made in such manner as shall be directed by law. The number of representatives shall at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each: and shall never be less than sixty nor greater than one hundred. Each county shall have at least one representative, but no county hereafter erected shall be entitled to a separate representation until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to one representative, agreeably to the ratio which shall then be established.

5. The senators shall be chosen for three years by the citizens of Philadelphia and of the several counties, at the same time, in the same manner, and at the same places where they shall vote for representatives.

6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the districts formed as hereinafter directed, according to the number of 'taxable inhabitants in each; and shall never be less than one-fourth, nor greater than one-third, of the number of representatives.

7. The senators shall be chosen in districts, to be so formed by the legislature; but no district shall be so formed as to entitle it to elect more than two senators, unless the number of taxable inhabitants in any city or county shall, at

any time, be such as to entitle it to elect more than two, but no city or county shall be entitled to elect more than four senators; when a district shall be composed of two or more counties, they shall be adjoining; neither the city of Philadelphia nor any county shall be divided in forming a district.

8. No person shall be a senator who shall not have attained the age of twenty-five years, and have been a citi zen and inhabitant of the State four years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State; and no person elected as aforesaid shall hold said office after he shall have removed from such district.

9. The senators who may be elected at the first general election after the adoption of the amendments to the Constitution, shall be divided by lot into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that thereafter one-third of the whole number of senators may be chosen every year. The senators elected before the amendments to the Constitution shall be adopted shall hold their offices during the terms for which they shall respectively have been elected.

10. The general Assembly shall meet on the first Tuesday of January, in every year, unless sooner convened by the governor.

11. Each House shall choose its speaker and other officers; and the Senate shall also choose a speaker pro tempore, when the speaker shall exercise the office of Governor.

12. Each House shall judge of the qualifications of its members. Contested elections shall be determined by a committee to be selected, formed and regulated in such manner as shall be directed by law. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent

members, in such manner and under such penalties as may be provided.

13. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free State.

14. The legislature shall not have power to enact laws annulling the contract of marriage in any case where, by law, the courts of this commonwealth are, or hereafter may be, empowered to decree a divorce.

15. Each House shall keep a journal of its proceedings, and publish them weekly, except such parts as may require secrecy: and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals.

16. The doors of each House and of committees of the whole shall be open, unless when the business shall be such as ought to be kept secret.

17. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

18. The senators and representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the commonwealth. They shall in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same. And for any

speech or debate in either House, they shall not be questioned in any other place.

19. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this commonwealth which shall have been created, or the emoluments of which shall have been increased during such time; and no member of Congress or other person holding any office, (except of attorney at law and in the militia) under the United States or this commonwealth, shall be a member of either House during his continuance in Congress or in office.

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