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save by payment into the public treasury

Municipal, never to loan credit for any purpose

municipal, to issue no interest-bearing evidences of indebted-
ness, except bonds authorized by law to provide for and secure
payment of present existing indebtedness

Power of State to tax, not surrendered or suspended by any con-
tract or grant to which- the State may be a party

municipal. Taxes of, in what funds payable

Orders or warrants of,receivable for corporation taxes

Right of citizens to institute suit for general protection of in-
habitants, etc

Conditions of remission of forfeiture, alteration, or amendment
of charter, or passage of any law for benefit of.

State's right of eminent domain over property and franchise of.
Corporations, Canal — see Canal Companies,
Corporations, Railroad — see Railroad Companies.
Corporations, Turnpike— see Turnpike Companies.
Corruption, Ineligibility, to General Assembly, of member expelled for..

of public officer, to constitute felony, in both parties, and to be

punished accordingly

Corruption of blood. No conviction to work

Co8t« in case of appeal by citizen from allowances for or against counties,
cities, or towns

State officers (Prosecuting Attorneys excepted) not to receive to

their own use

Counsel, Right of accused to be heard by



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INDEX TO CONSTITUTION.



RT.


Sec.


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51


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16


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16


10


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10



Counties, County Seats, and County Lines ^

County Courts to have exclusive original jurisdiction in all
cases necessary to internal improvement and local concerns of..

Appeals from allowances made for or against

Apportionment of Representatives to

Creation of new

new, Minimum limits of.

new, Minimum number of inhabitants of.

not to become stockholders in any corporation, etc

not to obtain or appropriate any money for, or loan credit to,

any corporation, individual, etc

never to loan credit for any purpose

to issue no interest-bearing evidence of indebtedness, except
bonds authorized by law to provide for and secure payment of

present existing indebtedness

Taxes of, in what funds payable

Orders or warrants of, receivable for county taxes

Right of citizens to institute suit for general protection of in-
habitants, etc 16 13

[For Table showing the apportionment of counties to Senatorial Districts
and Judicial Circuits, respectively, as prescribed until U. S.
Census of 1880. see at close of Index,]
County Boards of Supervisors, County Courts to be regarded as continua-
tions of. Sc 23

Papers and records of, to be transferred to County Courts Sc 23

Actions in, not to abate because of change made in this Consti-
tution Sc 23

County Boards of Supervisors of Election under Schedule— see Election
under Schedule, County Boards of. Supervisors of.
County Clerks, Circuit Clerks (except in cases specified— see next entry) to

be, ex-officig 7 19

Separate, to be chosen in counties with population exceeding

fifteen thousand 7 19

Separate, to be, ex-officio. Clerks of Probate Courts 7 19

Ballots, and copies of abstracts of votes and poll-books, of elec-
tion under Schedule, to be filed with Sc 16

See, also. Courts, County, Clerks of, and Courts, Probate,
Clerks of.
County Courts — see Courts, County.
County expenses. Justices of the Peace to sit with County Judge in mak-
ing appropriations for 7 30

County Judges— see Courts, County, Judges of.

County Lines

Change of.

between Pope and Johnson Counties, an exception to general re-
striction of Art. XIII, Sec. 1

County officers, their election, term of oflSce, and respective duties

Oath of office of

Qualifications of sureties upon official bonds of.

to reside within their respective counties

Place of office of, to be such as may be designated by law

Maximum of salary, fees, and perquisites of.

to pay into county treasury all sums by them received in excess

of five thousand dollars net profit per annum

Justices of the Peace (not included) disqualified for service as

officers of election

Appointment of, by Governor, to fill vacancies occurring within

six months before next general election

Special elections for, in case of vacancy

First election for

See, also, Sheriff, Assessor, Coroner, County Clerk, County
Surveyor, and County Treasurer.

County offices. Appeals in cases of contested elections for

County, Quorum of the— see Quorum of the County.

County seats

Lines of new counties (with exceptions stated) not to run

, within ten miles of.

of new counties. Temporary location of.

Sebastian county may have two



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,RT.


Skc.


Paue.


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31



INDEX TO CONSTITUTION. cxix



County Surveyor, Election of

Term of oflSce .'

Duties

See, also, County officers.
County Supervisors— see County Boards of Supervisors.
County taxes. County Courts to have exclusive original jurisdiction in all

matters relating to

Justices of the Peace to sit with County Judge in levying

not to exceed one-half of one percent., except an additional
one-half of one per cent, to pay present existing indebtedness...

in what funds payable

County Treasurer, Election, term of office, and duties of

to be, ex-oCficio, treasurer of the common-school fund of the

county * 7 46 31

to receive from county officers all sums by them received in ex-
cess of $5,000 net profit per annum 19 23 59

See, also. County officers.

Cburety Mjarm»«8 or orders, receivable for county taxes 16 10 47

6Wr*, Discretion of, incase of division of jury in criminal prosecution... 2 8 3

"■COURTS :

State of Arkansas never to be made defendant in any of her 5 20 13

having jurisdiction to grant particular powers, privileges, or

relief, no special law to be passed for those purposes 5 25 14

Court of Impeachment— see Impeachment.

Court, Supreme

how constituted

quorum of. Two Judges to constitute

Concurrence of two Judges of, necessary to decisions of.

Increase of number of Judges of.

Original jurisdiction of.

Appellate jurisdiction of.

Power of, in aid of appellate and supervisory jurisdiction, to

issue writs

Power of, in exercise of original jurisdiction, to issue writs of

quo warranto

Superintending control of, over inferior courts of law and

equity

Terms of.

Special Judges of. .•.

Appeal to, from Circuit Courts, in matters of equity

Court, Supreme, Chief Justice of, to be elected as such

to preside in trial of impeachments

how removable upon address

First election for

Court, Supreme, Judges of [including, in the provisions here and below

referred to, the Chief Justice], Number of.

Increase of number of

Division, by lot, of, at the first meeting of the Court, to decide

term of office

Election of...r

Qualifications of.

ineligible to seat in either house of General Assembly

Salaries of, etc 7,

Salaries of, during two years from adoption of Constitution

Compensation of, after first session of General Assembly, not to
to be diminished during the time for which they shall have

been elected

not to be allowed any fees or perquisites of office, or to hold other

offices of trust or profit .'.

prohibited, during continuance in office, from practising law or

appearing as counsel, within the State

liable to impeachment

how removable upon address

to be conservators of the peace throughout the State

* Note.— The professional reader will observe that here, as in some similar instances, little attempt has
been made toward an analysis of the text ; and this for the reason set forth in the preface, that the work
has been designed solely with a view to practical convenience. On topics in which the class most interested
are certain to turn, for their better satisfaction, to the text itself, it is believed that simple reference to
article, section, and page, will in many cases prove most serviceable.



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^ET.


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cxx INDEX TO CONSTITUTION.



Court, Supreme, Judges of, to have power to issue remedial writs

Case of disqualification of. from presiding at trial

Special Judges

See. also. Judges.

Court, Supreme, Clerk of.

Term of oflSce of.

removable for good cause

to sign all writs and other judicial process of the court

Court, Supreme, Repwter of.

Term of office

removable for good cause

Courts, Circuit

Division of State with respect to

Judicial Circuits ;

[For Table showing the apportionment of counties to Judicial Circuits,
as presa-ibed until otherudse provided by Qenefral Assembly,
see at close of the Index.]

to hold their terms in each county

Terms of (until otherwise provided by General Assembly)

Special Judges of. _.

Original jurisdiction of.

Equity jurisdiction of.

Superintending control and appellat jurisdiction of.

Jurisdiction of separate Criminal C»urts transferred to

to be regarded as continuations of Criminal Courts

Records, books, and papers, of Criminal Courts, to be transfer-
red to

Jurisdiction of.in matter of removal of county and township of-
ficers

Power of. to issue writs

Probate Courts to be regarded as continuations of. for transac-
tion of probate business .' Sc

Papers and records of probate business in. to be transferred to

Probate Courts So

Actions in, not to abate because of change made in this Consti-
tution

Sebastian county, on conditions specified, may have two

Appeals to, from judgments of County Courts and Courts of

Common Pleas

Appeals to, from Probate Courts

Appeals to, from final judgments of Justices of the Peace

Appeals to, from allowances made for or against counties.cities,

or towns 7 51

Appeals to, in contested elections for county, township, or mu-
nicipal offices 7 52

Appeals from, to Supreme Court, in matters of equity 7 15

See. also, Courts, Inferior.

Courts, Circuit, Judget of, Election of. 7 13,17

Term of office 7 17

Qualifications 7 16

prohibited, during continuance in office, from practising law

or appearing as counsel, within this State 7 25

ineligible to seat in either house of the General Assembly 5 7

not to be allowed any fees or perquisites of office, or to hold

other office of trust or profit 7 18

Compensation of, not, after adjournment of first General Assem-
bly, to be diminished during the time for which they were

elected

Salary of, etc 7, 19,

Salary of, during two years from adoption of Constitution

liable to impeachment

how removable upon address

First election for

to be conservators of the peace within the circuit for which

elected

Power of, to issue writs in vacation

Exchange of circuits by

Special Judges

Powers of County Judges in absence of, from the county

Power of Supreme court to issue writs of quo-warranto to

See, also. Judges, ^



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5



INDEX TO CONSTITUTION.



Art. Sec. Pa&h.

Oeurts, GircuU, Cierfof o/, Election of. 7 19 25

Term of office 7 19 25

tobe.ex-officio (except in cases of counties with population ex-
ceeding fifteen thousand, where separate County Clerks are to

be chosen) Clerks of Probate Courts, and Recorders 7 19 25

to sign all writs and other judicial process of the court 7 49 SI

Courts of Chancery: Provisional continuance of Pula«ki Chancery

Court 7 44 30

See Court, Pulaski Chancery, below.
General Assembly may establish separate, when deemed ex-
pedient 7 1 22

Jurisdiction in matters of equity, until establishment of 7 15 24

See, also. Courts, Inferior.
Courts of Chancery, Judges of, prohibited, during continuance in office,

from practising law or appearing as counsel within this State 7 25 26

ineligible to seat in either house of General Assembly 5 7 11

Salary of W, Sc 11, 28 57. 6T

Salary during two years from adoption of Constitution Sc 28 67

liable to impeachment 15 1 45

how removable upon address 15 3 45

Power of Supreme Court to issue writs of quo warranto to 7 5 28

See, also. Court, Pulaski Chancery, Judge of, below, and
Judges.
Courts of Chancery, Clerks of, to sign all writs and other judicial process

of the court 7 49 31

Court, Pulaski Chancery, to continue in existence until abolished by
law, or the business pending at adoption of Constitution dis-
posed of, or the pending business transferred to other courts.... 7 44 30
Transfer from, of proceedings relating to sixteenth section

lands, or to money due therefor 7 44 38

See, also. Courts, Inferior.

Court, Pulaski Chancery, Judge of. Term of office of 7

Election of. 7

First election for Sc

But see. further. Courts of Chancery, Judges of, ahove.
See, also. Judges.

Court, Pulaski Chancery, Clerk of. Election of. 7

Term of office 7

First election for So

to sign all writs and other judieiairprocess of the court 7

Oyurts, County 7

Terms of. 7

'^'to be held by one Judge, except in cases otherwise provided
[f. e. , in case of full session of the Justices, to levy county taxes
and make appropriations for county expenses; for which, see

Quorum of the County] 7

to be regarded as continuation of Boards of Supervisors Sc

Papers and records of Boards of Supervisors to be transferred to.. Sc

Original jurisdiction of. 7

Appeals from, to Circuit Courts 7

Superintending control and appellate jurisdiction of Circuit

Courts over 7

Special judges of. 7

Sebastian county, on conditions specified, may have two 13

*Oourts, County, in full session of the Justices, to levy county t&xes,
and make appropriations for county expenses— see Quorum
of the County.
See, also. Courts, Inferior.

Courts, County, Judges of, Election of. 7 29 27

Terms of office of 7 29 27

Qualifications of. 7 29 27

'•'Note, The substitution, for County Boards of Supervisors, of a County Court, consisting of a single
Judge, has given rise to a confusion of terms. The county courts proper, in this State, formerly consisted,
for all purposes, of the entire body of Justices of the Peace of the county; but the sole power delegated,
by the present Constitution, to this body of magistracy, is that of levying county taxes and making appro-
priations for the expenses of the county; and the use of the term "County Court," as applied to it, is cer-
tainly inconvenient in practice. The old term of "Quorum of the County." is suggested as sufficiently
applicable to the session of the whole body of Justices; and its use would obviate the present ambiguity of
expression.

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30


44


30


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44


30


44


30


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31


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31


28


28


2T


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23


66


28


27


33


28


14


24


36


28


5


44



eixii INDEX TO CONSTITUTION.



Courti, County, Judges of. Compensation of.

to sit alone, except in cases otherwise provided

Powers of, in absence of Circuit Judge from the county

to be Judges of Court of Probate, etc

GeneralAssembly may authorize, to hold quarterly Court of

Common Pleas

Special Judges

See. also, Ju<U}*e.
CcntrU, County, Clerks of. Clerks of Circuit Courts (except in cases speci-
fied—see next entry) to be

Separate County Clerks to be chosen, in counties with popula-
tion exceeding fifteen thousand

to sign all writs and other judicial process of the Court

Courti, Probate

Terms of

Original jurisdiction of.

Superintending control and appellate jurisdiction of Circuit

Courts over

Appeals from, to Circuit Courts

to be regarded as continuations of Circuit Courts, for probate

business

Papers and records 9f probate business of Circuit Courts to be

transferred to

Special judges of

Sebastian county, on conditions specified, may have two

See, also, Courti, Inferior.

CourtBof Probate, Judges of. Judges of County Courts to be

Compensation of.

Special judges



ART.


Sec.


Pagb.


7


37


28


7


as


2T


7


37


28


7


34


28


7


32


28


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36


21



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19


8f»


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49


51


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22


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28


Se


23


86


Sc


23


66


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S8


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19


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49


31




32


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32


28




1, 32


22, 26




14


24




33


28



Courti Probate, Clerks of. Clerks of Circuit Courts (except in cases speci-
fied—see next entry) to be

Separate County Clerk, in counties where elected, to be, ex-

oflScio

to sign all writs and other judicial process of the court

Court* of Common Pleas, General Assembly may authorize Judge of

County Court to hold

to be courts of record

Jurisdiction of.

Superintending control and appellate jurisdiction of Circuit

Courts over

Appeals from, to Circuit Courts

See, also. Courts, Inferior,

Courts of Common Pleas, Judges of. Compensation of

See, also. Judges.
Courts of Common Pleas, Clerks of, to sign all writs and other judicial

process of the court

Courts, Justices' — see Justices of the Peace.

Courts, Examining, Jurisdiction of Justices of the Peace as

Courts, Corporation, Jurisdiction of

General Assembly may dispense with indictment in oflFence cog-
nizable by

Superintending control and appellate jurisdiction of Circuit

Courts over

Bee, also. Courts, Inferior.
Courts, Corporation, Clerks of, to sign all writs and other judicial prooeis

of the court 7 49 31

Courts, Citv—see Courts, Corporation.
Courts, Mayors'— see Courts, Corporation.
Courts, Municipal— see Courts, Corporation.
Courti, Police — see Courts, Corporation.
Courts, Supervisors' — see Courts, County.
Courts, Town— see Courts, Corporation.
Cowrfs, Jn/erior, General superintending control of Supreme Court over 7 4^

of jurisdiction similar to that of Justices of the Peace, Action

of grand jury not requisite to criminal prosecutions in 2 8 8

Courti, Inferior, Judges of, ineligible to seat in either house of General

Assembly 5 7 11

S««, alio, Judges.



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22, 30


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43





7


14


24



INDEX TO CONSTITUTION.



Art.


Sec.


7


45


7


45



Page.

Courts, Separate Qfiminal, abolished

Jurisdiction exercised by, transferred to Circuit Courts.,

Circuit Courts to be regarded as continuations of So 23 66

Papers and i%cords of, to be transferred to Circuit Courts 7, Sc 45,23 31,66

Actions in, not to abate because of change made in this Consti-
tution Sc 23 66

Courts, Separate Criminal, Clerks of, to transfer records, books, and

papers, of their respective courts, to Circuit Courts 7 45 Si

See, also, ^cfio?i». Court, Evidence, Jury, Witnesses, etc., etc.
Credit, Counties and municipal corporations not to loan, to corporations,

individuals, etc

Credit, public. Loan of, prohibited

Crime, Punishment of, by involuntary servitude

infamous, Conviction of, after adoption of Constitution, dis-
qualifies for seat in General Assembly, or office of trust or

profit

Pardons for, etc

Criminal Cases— see Proseeutiont, Criminal.

Criminal Charge, Persons how to be held to answer

Orimtnal Conduct, Removal of county and township officers for

Criminal Courts — see Courts, Criminal,
(criminal Prosecutions— see Prosecutions, Criminal.
Cruelty in punishments, prohibited



D.



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29


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68


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6 12. 13, 14


18


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9




37



Damage of private property for public use

to personal property. Jurisdiction of Justices of the Peace in

matters of

Damages to persons and property. Railroads to be responsible for

DeaJ and Dumb, General Assembly to provide for suppo^'t of institutions

for education of.

Death, Survivors' right of action for injuries resulting in

of Governor, Office how filled in case of

of President of Senate, during vacancy in office of Governor,

Governorship how filled in ca&e of ,

of members of State Board of Supervisors of Election under

Schedule

Debate, freedom of. Privilege of, in General Assembly

Debt, Imprisonment for, unless in cases of fraud, prohibited

seizure for. Exemption of property from

of private corporations. Restrictions upon creation and increase

of. 12 3 42

' See, also. Debts.
Debt, Collection of— see Exemption.

Deftte ©f husband. Wife's separate property not subject to 9 7 30

contracted since adoption of Constitution of 1868, and prior to
that of 1874, Exemptions contained in Constitution of 1868 to

apply to 9 9 9

Debt, Public:

1. 0/ the State:

General Assembly, from time to time, to provide for the pay-
ment of all just and legal debts of the 8tate 16 2 46

Levy of State tax, and appropriation of money, to raise mean*
for the payment of the just debts of the State, constitute ex-
ceptions to the rule requiring, for such purposes, a majority
of two-thirds of both houses of the General Assembly 5 31 15

State never to loan its credit for any purpose whatever 1* 1 4«

State never to issue any interest-bearing treasury warrants or
, scrip Ij I 46

State never to assume or pay the debt or liability of any county,
town, city, or other corporation whatever, or any part thereof;
unless such debt or liability shall have been created to repel
invasion, suppress insurrection, or to provide for the public
welfare and defence Ij Ij ^

2, 0/ Counties and Municipalities.

debt of c«unties, existing.at date of ratification of Constitution,

Counties may levy tax of one-half of one per cent. for... 1« 9 4T

outstanding, of municipal corporations, Additional tax of fir*

mills may bt levi«d for II 4 41



INDEX TO CONSTITUTION.



2


29


2


29


19


t


2


5


12


12


2


23



Debt, Puhlie, of Oountieg and Municipalities (continued:)

Issue of bonds may be authoriied by law, to provide for and se-
cure payment of indebtedness of counties and municipalities,

existing at adoption of Constitution 16 l 45

of corporations, Assumption of, by the State 12 12 43

No city, county, town, or other municipality, ever to loan its

credit for any purpose whatever 1€ 1 46

No county, city, town, or other municipal corporation, to obtain
or appropriate money for, or loan its credit to, any corporation,

association, institution, or individual 12 5 41

No county or municipality to issue (with exceptions stated) in-
terest-bearing evidences of. 16 1 46

Detitiom of Supreme Court, Concurrence of two Judges necessary to 7 2 22

of Supreme Court, After increase of number of Judges, majority

to be necessary to 7 3 22

Deceased persons, estates of. Courts of Probate to have exclusive original
jurisdiction, as may be prescribed by law, in matters rela-
tive to 7 34 28

Declaration of Rights 2 ..2

Everything contained in, excepted out of the general powers of

the government, and forever to remain inviolate 2 29 7

Enumeration, in, of rights, not to be construed to deny or dis-
parage others retained by the people


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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 11 of 25)