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Yeas and nays, on final passage of bills, to be recorded on
of house to which bills disapproved are returned by Governor,
to have entered upon it at large his objections thereto 6 15 19
of house to which joint and concurrent orders or resolutions dis-
approved are returned by Governor, ^to have entered upon it
at large his objections thereto 6 16 20
of house to which items, disapproved, of appropriation bills, are
returned by Governor, to have entered upon it, at large, his
objections thereto 6 17 20
Journals, Vote on elections of officers in General Assembly to be entered
on « 5 14 12
of Senate and House of Representatives to have entered upon
them the names of members voting for and against bills return-
ed, by Governor, disapproved 6 15 19
of Senate and House of Piepresentatives to have entered upon
them the names of members voting for or against joint and
concurrent orders or resolutions returned, by Governor, disap-
proved 6 16 20
of Senate and House of Representatives to have entered upon
them the names of members voting for or against items, re-
turned by Governor disapproved, of bills making appropria-
tions 6 17 20
Vote upon question of continuance of session after disposal of
business set forth in Governor's proclamation calling extraor-
dinary session, to be entered upon 6 19 21
Proposed amendments to Constitution, if agreed to by a majori-
ty of all membeis elected to each house, to be entered on, with
yeas and nays 19 22 59
17
Sc
7
62
5
12
12
5
12
12
5
12
12
5
22
13
clxx INDEX TO CONSTITUTION.
1.ET. SkC, PlQB.
19
15
19
20
1. Sc
11, 28
5
7
7
20
6
35
7
23
7
9
7
21
17
36
7
36
2
21
15
1
7
42
t/burnafc.lPrinting, binding, and distributing, of, to be performed under
contract, to be given to lowest responsible bidder, below maxi-
mum price, under regulations to be prescribed by law
Judges, Oath of office of.
Salaries of, etc
ineligible to seat in either house of General Assembly
Disqualifications of, from presiding at trial
OflFer to, or acceptance by, of consideration, to influence official
action of, constitutes felony
Duties of. in matter of charges to juries
Judges superior. Power of, to review, in vacation, orders fori injunction,
and other provisional writs, issued by County Judge in absenca
of Circuit Judge from county
Judges of Supreme Court— see (Jourts, Supreme, Judges of.
Judges of Circuit Court — see Courts, Circuit, Judges of.
Judge of Chancery Courts — see Courts of Chancery, Judges of.
Judged of Pulaiki Chancery Cmrt see Cmrt—PulaskiChancery, Judge of.
Judges of County Courts — see Courts, County, Judges of.
Judges of Probate Courts— see Cburts, Probate, Judges of.
Judges of Courts of Common Pleas— see Courts of Common Pleas, Judge* of.
Judges oj Corporation Cburts — see Courts, Corporation, Judges of.
Judges of inferior courts— see Courts, Inferior, Judges of.
Judges of Elections— see Elections.
Judges of Election under Schedule— see Election under Schedule, Judges of.
Judges, Special :
of the Supreme Court
of the Circuit Courts
of County Courts
of Probate Courts
Judgment of peers
Judgement in impeachment, how limited
Judgments, final, of Justices of the Peace, Appeals from _
Homesteads not to be subject (with exceptions stated), to liens
of 9 3
See, also. Appeals.
Judicial Circuits 18
[For Table showing apportionment of counties to judicial
circuits, as prescribed until otherwise provided by General
Assembly, see at close of Index.]
Jumdtction, Exclusive, (with exception stated) of two heuses of Gen-
eral Assembly in joint session, in case of contested elections
for officers of Executive Department .6 4
incases of impSachment K
But see Courts, under separate head of each court
Juries, Charges to .-. 7 23
Jury, Right of trial by 2 7
Trial by, may be waived by the parties 1 7
Right of trial by, to extend to all cases at law, without regard
to amount in controversy 3 7
Division of opinion of, in criminal prosecution 2 8
Right of trial by, in criminal prosecutions 2 10
to ascertain amount of compensation for property or right of
way appropriated to use of corporations 12 9'
in question of parallelism or competition of lines of railroads
or canals 17 4
Jury, Grand— see Grand Jury.
ustice. Right to obtain 2 13
M«ti/lcotion may be pleaded in criminal prosecutions for libel 2 6
Justices of Supreme Court— Bee Court, iSupreme, Judges of.
TiCES OP THE Peace :
Officers of the Judicial Department.— The judicial power of the
State is in part vested in Justices of the Peace 7 1
Election.— The qualified electors of each township shall elect the
Justices of the Peace for the term of two years 7 38
Number o/.— For every two hundred electors there shall be elected
one Justice of the Peace ; but every township, however small,
shall have two Justices of the Peace 7 39
Term of office.— They shall be elected for the term of two years.. 7 38
Qualifications.— A Justice of the Peace shall be a qualified elec-
tor, and a resident of the township f«r which he is elected 7 41
INDEX TO CONSTITUTION. clxxi
Art. Sec. Paob.
Commisaton*.— Justices of the Peace shall be commissioned by
the Governor T S8, 48 29, SI
Oath of office.— Before entering: on the duties of their respec-
tive oflBoes, they shall take and subscribe to the following oath
or aflBrmation : "I. , do solemnly swear
(or afiBrm) that I will support the Constitution of the United
States, and the Constitution of the State of Arkansas, and
that I will faithfully discharge the duties of the office of Jus-
tice of the Peace, upon which I am now about to enter." 19 20 58
Endorsement of oath upon eommiasion. — Their official oath shall
be endorsed on their commission 7 38 29
Other civil office* for which not diigualified. — Justices of the
Peace are eligible to a seat in either house of the General
Assembly „ i 7 1
And to serve as election officers 3 10 8
Jurisdiction. — They shall have original jurisdiction in Ithe fol-
lowing matters :
1. Exclusive of the Circuit Court, in all matters of contract
where the amount in controversy does not exceed the sum
of one hundred dollars, excluding interest ; and concurrent
jurisdiction in matters of contract, where the amount in
controversy does not exceed the sum of three hundred dol-
lars, exclusive of interest 7 4 £9
2. Concurrent jurisdiction in suits for the recovery of personal
property, where the value of the property does not ^exceed
thn sum of three hundred dollars; and. in all matters of
damage to personal property where the amount in contro-
versy does not exceed the sum of one hundred dollars 7 40 29
3. Such jurisdiction of misdemeanors as is now, or maybe,
prescribed by law 7 40 29
4. To sit as examining courts, and commit, discharge, or rec-
ognize offenders to the court having jurisdiction, for further
trial; and to bind persons to keep the peace, or for good
behavior 7 40 29
5. For the foregoing purposes, they shall have power to issue
all necessary process 7 40 30
6. They shall be conservators of the peace within their respec-
tive counties 7 40 39
Provided, a Justice of the Peace shall not have jurisdiction
where a lien on land, or title or possession thereto is involv-
ed 7 40 50
General Assembly may make criminal cases cognizable by Jus-
tices of the Peace, and courts of similar jurisdiction, which
shall form exceptions to the requirement of presentment or
indictment by a grand jury 2 >j S
Superintending control and appellate jurisdiction of Circuit Court*.
—The Circuit Courts shall exercise a superintending control
and appellate jurisdiction over Justices of the Peace; and shall
have power to issue, hear, and determine, all the necessary
writs to carry into effect their general and specific powers,
any of which writs may be issued upon order of the Judge of
the appropriate court, in vacation 7 14 24
Appeals.— Appeals may be taken from the final judgments of
the Justices of the Peace, to the Circuit Courts, under such
regulations as are now, or may be, provided by law 7 42 30
Diaqualijication to preside at trial,— T^o Justice shall preside in
the trial of any cause in the event of which he may be inter-
ested, or where either of the parties shall be connected with
him by consanguinity or affinity, within fsuch degree Jas may
be prescribed by law; or in which he may have been of coun-
selor have presided in any inferior court 7 20 25
Quorum of th* County. — The Justices of the Peace of each
county, to sit with and assist the County Judge in levying
county taxes, and in making appropriations for the expenses
of the county, in the manner to be prescribed by law, and the
County Judges, together with a majority of the Justices, to
constitute the Court, who shall elect one of their members to
preside. The General Assembly to regulate, by law, the man-
ner of eompelling th« attendance of such quorum 7 30 27
clxxii INDEX TO CONSTITUTION.
But see Township officers, and, under head of Officers, sub-
ead. "Provisions applicable to all public officers."
Knowledge essential to good goyernment..
K.
L.
Skc. Page.
9
3
38
13
1
43
13
4
44
7
32
28
7
40
30
2
28
7
Laborers' liens. Homestead subject to
Lafayette county. General provisions of Art. XIII, Sec. 1, not to apply to...
County line may run withing ten miles of county seat of
Land, Courts of Common Pleas not to be rested with jurisdiction in mat-
ters involving title to
Jurisdictittn prohibited to Justices of the Peace where lien on,
or title, or possession to, involved
Lands, Tenure of (exclusively allodial)
sixteenth section, Transfer, from Pulaski Chancery Court, to
counties where lands located, of suits and proceedings re-
lating to, or to money due for 7 44 30
See. also, Real property.
Law, the, Equality of all persons before, recognized, and ever to remain
inviolate 2 3 2
due process of. Right to 2 8 3
of the State not to be suspended or set aside, except by General
Assembly 2 12 4
of the land. None to be touched in life, liberty, property or
privilege, except in accordance with 2 21 5
See, also. Special Laws, and for full digest of restrictions
upon special and local legislation. General Assembly, un-
der sub-head of Powers Denied.
Common— see Common Law.
Laws of the State not to be suspended or set aside, but by General As-
sembly
Right to remedy in the, for injuries and wrongs
Remedy for injuries and wrongs to be conformable to the
Bills of attainder prohibited
Ex post facto, prohibited '
impairing obligation of contracts, prohibited
making distinction between resident aliens and citizens, in the
matter of property, prohibited
giving preference to any religious establishment, .denomina-
tion, etc., prohibited
for protection of equal religious liberty, to be passed
contrary to provisions of Declaration of Rights, or to the other
provisions of the Constitution to be void
whereby the right to vote at any election shall be made to de-
pend upon any previous registration of the elector's name,
prohibited '
election, of the State, Willful and corrupt violation of, to con-
stitute felony, and disqualify from offices of trust or profit...
Style of.
not to belpassed except by bill
Revival, amendment, and extension or conferment of pro-
visions, of. 5 23 U
local'and special. Restrictions upon General Assembly, respect-
ing passage of. I But see, also, for full digest. "Special
Lkglslation"] 5 24,20, 26 14
General, where applicable, no special law to be enacted 5 25 U
Pre-existing, on subject-matter of claims, indispensable to ap-
propriation or payment unless, etc 5 27 H
making appropriations. Requisites of. 5 29 15
making general appropriations. Restriction on contents of. 5 30 15
Separate, and embracing, each, but one subject, required, to
make appropriations other than for ordinary expenses of leg-
islative, executive, and judicial departments of State 5 30 15
criminal, Indictment and punishment under, not barred by
proceedings to expel member of General Assembly 5 36 16
Faithful execution of, Governor to see to 6 7 17
2
12
4
2
13
4
2
13
4
2
17
5
2
17
5
2
17
5
2
20
5
2
24
G
2
25
6
3
6
8
5
19
13
5
21
13
11
4
40
12
6
42
14
4
45
16
6
47
16
11
47
17
8
50
19
15
57
19
17
58
So
1
60
INDEX TO CONSTITUTION. clxxiii
Art. Sec. Page.
Laws, power of Governor to call out volunteers or militia to exe-
cute
General, creating'corporations, may be altered or repealed
regulating public schools. Execution of, to be vested as may
be provided by General Assembly
exempting -property from taxation, other than as provided in
Constitution, void
imposing taxes, to state distinctly the object thereof
for benefit of corporations. Condition of passage of.
Printing, binding, and distributing, of, to be performed under
contract, to be given to lowest responsible bidder, below maxi-
mum price, under regulations to be prescribed by law
Revision, digesting, arrangement, publication, and promulga-
tion, of.
not in conflict with Constitution, to remain in force until
amended or repealed by General Assembly
Exemption, in force at adoption of Constitution of 1868, to re-
main in force with regard to contracts made before that
time So
See, also. Acts, and Bills.
Leases of lines of railroad or canal, by parallel or competing lines, their
lessees, etc., prohibited 17
Legislation, Special — see Special Laws, Local Laws, and, forlfall digest
Special Legislation.
Legislative Department
Ordinary expenses of, to be provided for in general appropria-
tion bill
Legislative powers of State government confided to separate body of mag-
istracy
Legislative power vested in General Assembly
Legislature — see General Assembly.
Legitimation of children, not to be effected by special law
Levy of taxes— see Tax, Taxation, and Tax4s.
Levying tear against the State to constitute treason
Liabilities of railroad or other corporations held or owned by State
See Debt and Debts.
Libel, Criminal prosecutions f«r
Truth may be given in evidence, in
Liberties, Disseizure of, except by judgment of peers or law of the land,
prohibited
Liberty, civil and religious. Acknowledgement of gratitudel to God for
civil and religious, Perpetuation and security of, one of the
objects of the Constitution
Right of enjoying and defending, inherent and inalienable
of the press and of speech
None to be deprived of, without due process of law
personal, jeopardy of, No person to be twice put in, for same
offence
None to be deprived of, except by judgment of peers or law of
the land
religious. Natural and indefeasible right of.
of conscience. Right of.
of worship
of speech and debate, in session of General Assembly
Intelligence and virtue the safeguards of.
But see, also. Freedom.
it6ran"«8 used exclusively for* school purposes, exempt from taxation 16 5 47
Lien on land, jurisdiction prohibited to Justices of the Peace where in-
volved 7 40 30
Li4ns of judgments or decrees (with exceptions stated— see below),
Homesteads not subject to seizure under 9 3 38
specific, Homesteads subject to ••• 9 3 38
Laborers' or mechanics', for improvement. Homestead subject
to seizure under ^ 9 3 38
Life, Right of enjoying and defending, inherent and inalienable 2 2 2
jeopardy of. No person to be twice put in, for same offence 2 8 3
None to be deprived of, without due process of law 2 8 3
None to be deprived of, except by judgment of peers or law of
the land 2 21 5
Survivors' right of action for injuries resulting in loss of. 5 32 15
*.5
1
9,10
5
30
15
4
1
9
5
1
10
5
24
14
2
14
4
5
33
15
2
6
3
2
6
3
2
21
5
Pr
1
Pr
1
2
2
2
2
6
3
2
8
3
2
8
3
2
21
5
2
24
6
2
24
6
2
24, 25
6
5
15
12
14
1
44
clxxiv INDEX TO eONSTITtJTION.
Limitation, Statutes of, with regrard to sealed and unsealed instruments,
in force at adoption of Constitution of IMS, to continue to ap-
ply to all instruments afterwards 'exeeuted, until altered or
repealed
Limitations on Powers of General Atsemblv—t^* GentraliAttemhlv, under
sub-head of Powers Denied.
Liquors, intoxicating. Sale or gift of, durinc day or nlcht of aleetioB
under Schedule, prohibited „
Little Rock to be and remain the seat of government ,
Loan of credit of counties or municipal corporations to aorporationi, In-
dividuals, etc., prohibited
oficredit of State, counties, and munieipalitiei. prohibited
Local Lawn, Classes of, prohibited „
bills for. Publication of notice of intentioA to apply for
See Special Lkoislatiok.
Local improvements in towns or cities, Assessments on real property for...
Lot, Casting of, at first session of Senate, to determine term of office of
Senators
Lotteries not to be authorieed by this State „ „
Lottery Tickets, Sale o(, not to be allowed
Lunatics— see Intans, and Insans persons.
Page.
M,
Magistracy, Each department of State gorerament eonllded to geparate
body of. „
Magistrate, Chief, styled " the Governor of the State of Arkansas "
Magistrates— see Justices of th* Psace, and, for the Judge ef each court,
under Courts and the proper sub-head.
Magna Charta, Excerpt from, in relation to right to obtain Justice
Male citizen „
Male inhabitant
Male persons
Malfeasance in office. Removal of county and township officers for
Managers of Corporations — see Corporations, anl Railroad Companies,
Canal Companies, and Tumpih* Compmni**, under items rela-
tive to their officers.
Mandamus, Supreme Court may issue writs"of, la aid of its appellate and
supervisory jurisdiction , „ .-
Manufactures ,.
Exemption from taxation, of capital invested in
Manufacturing, (mining and agriculture,) bureau of. General Assembly
may create
Manufacturing interests of the State,lGeneral Assembly to pass laws foster-
ing and aiding
Marines of U. S. not to acquire residence by being stationed in the State...
Married women, Separate^property of.
Scheduling of separate personal property of.
Materials used exclusively for public charity. Exempt from taxation
Mayor's Courts — see Courts, Chrporation.
Mechanics' liens for improvement. Homestead subject
Members of Congress— see Congressmen.
Members of General Assembly— see Senators and JRepressntativst.
Messages, 'Regnl&T, of Governor, to General Assembly
of Governor, returning bills disapproved
of Governor returningjoint and concurrent orders or resolutions
disapproved
returning items, disapproved, of bills making appropria-
tions „
to General Assembly, communicating pardons, reprieves, ete...
Mileage of members of General Assembly
of members of General Assembly, during two years from adop-
tion of Constitution
MUitary at all times to be in strict subordination to tke oivil power
power never to interfere to prevent free exorcise of right of suf-
frage ,.„..
officers, appointed by General Assembly, to be elected viva
voce, and vote entered OBJoursals
f«
15
63
1
2
n
5
41
16
1
46
i
24, 25
14
i
26
14
19
27
60
i
S
10
19
14
57
19
14
57
4
1
9
6
2
16
2
IS
4
3
1
7
14
3
44
3, 11
1, 1
7, 40
7
27
27
7
22
10
39
19
,40
10
39
10
39
3
8
9
7, 8
39
9
8
39
16
5
47
9
3
38
«
8
18
6
15
19
«
16
20
6
17
20
6
18
20
i, Se
16, 28
12. 67
Sc
28
67
2
27
7
3
2
7
6
14
12
6
6
17
11
1
40
1
11
40
11
2
40
11
4
40
INDEX TO CONSTITUTION. clxxv
Art. Sec. Page.
Military forces of State, Governor to b« Commander-in-Chief of (with
exception stated) 6 6 17
Military duty. Who subject to U ,1 40
See, also. Militia, and Army.
Militia 11 ■• 40
Militia in actual service in time of war or public danger. Action of grand
jury not requisite in case of offences arising in 2 8
Militia, IGovernor to be Commander-in-Chief of (with exception
stated)
of whom to consist
Organization, ofiSceriug, arming, equipment, and train-
ing of. •
Volunteer companies of
Power of Governor to call out
(with exceptions stated) Privileged from arrest during attend-
ance at musters and elections of oflScers, and going to and re-
turning from the sanie
Members of, may serve as oflScers of election
Militia office. Treasurer, Secretary, and Auditor, of State, and Attorney
General, prohibited from, holding
Militia officers. Oath of oflSce of '.
eligible to seats in General Assembly
eligible to executive or judicial oflBce
Miners, Security of life, health, and safety of.
Mining
Exemption from taxation of capital invested in
Mining interests of the State, General Assembly to pass laws fostering
and aiding
Mining, Manufacturing, \and Agricultural Bureau, General Assembly may
create
Ministry, None rightfully compellable to maintain any, against his con-
sent
Minority of Senate and House of Kepresentatives, Powers of, to adjourn
from day to day, and compel attendance of absent mem-
bers
Minor children. Homestead exemption for benefit of.
Minors, Apprenticeship of,County Courts to have exclusive original juris-
diction in all matters relating to
Misappropriation of public school fund, or of money or property be long-
ing to State for benefit of schools or universities, pro-
hibited
Miscellaneous Provisions â– .
Misdemeanors, Jurisdiction of Justices of the Peace in
Misfeasance in oflSce, Removal of county and township oflScers for
in matter of use of public moneys, by oflficers of State, or
members or oflScers of General Assembly
Mohs, Power of Governor to call out volunteers or militia to disperse
Money, Public, Collectors or holders of, ineligible to General Assembly,
or to oflSce of trust or profit, until account and payment of all
sums for which liable „
public, embezlement of. Conviction of, after adoption of Con-
stitution, disqualifies for seat in General Assembly, or ofl&ce of
trust or profit -
to influence action of public oflicer, Person offering, and oflScer
consenting to receive, guilty of felony „
bills making appropriations of. Power of Governor to disap-
prove items of
Disbursements of, for county purposes. County Courts to have
exclusive original jurisdiction in all matters relating to
Acts authorizing issue of paper to circulate as, prohibited
belonging to school funds, how to be employed
public. Publication of receipts and expenditures ©f..„
Money, Appropriation of— see Appropriations.
Moneys, Public, Misuse of, by oflficers of State, or members or oflBcers of
General Assembly
arising from taxes levied for any purpose, to be uged for no
other
Disbursement of, from treasury
Public, to be turned over to officers chosen at first election
Monopoli4$ declared eontrar/ U sei»iD« •t » lepabU*, aa4 pxolubitei
6
22
21
19
, 20
58
5
7
11
19
26
60
19
18
58
10
39
10
3
40
10
1
39
10
1
.39
2
24
6
5
11
11
9
f5, 10
38. 39
7
28
27
14
2
45
19
55
r
40
29
7
27
27
le
3
46
11
4
40
§
9
11
5
33
16
6
17
2Q
7
28
28
12
10
â– 42
14
2
44
19
12
57
16
11
47
16
12
48
Se
21
66
3
19
6
clxxvi INDEX TO CONSTITUTION.
Morality essential to good government
General Assembly may delegate the taxing power, with the ne-
cessary restrictions, to, to extent of providing for their exis-
tence, maintenance, and well-being, but in further
Municipal boards, commissions, or trusts, OflScers of (aldermen not inclu-
ded) , disqualified for service as oflBcers of election
Municipal corporations
Power of Supremo Court to issue writs of quo warranto
to ofiBcers of.
Appeals from allowances made for or against
of house to which bills disapproved are returned by Governor,
to have entered upon it at large his objections thereto 6 15 19
of house to which joint and concurrent orders or resolutions dis-
approved are returned by Governor, ^to have entered upon it
at large his objections thereto 6 16 20
of house to which items, disapproved, of appropriation bills, are
returned by Governor, to have entered upon it, at large, his
objections thereto 6 17 20
Journals, Vote on elections of officers in General Assembly to be entered
on « 5 14 12
of Senate and House of Representatives to have entered upon
them the names of members voting for and against bills return-
ed, by Governor, disapproved 6 15 19
of Senate and House of Piepresentatives to have entered upon
them the names of members voting for or against joint and
concurrent orders or resolutions returned, by Governor, disap-
proved 6 16 20
of Senate and House of Representatives to have entered upon
them the names of members voting for or against items, re-
turned by Governor disapproved, of bills making appropria-
tions 6 17 20
Vote upon question of continuance of session after disposal of
business set forth in Governor's proclamation calling extraor-
dinary session, to be entered upon 6 19 21
Proposed amendments to Constitution, if agreed to by a majori-
ty of all membeis elected to each house, to be entered on, with
yeas and nays 19 22 59
17
Sc
7
62
5
12
12
5
12
12
5
12
12
5
22
13
clxx INDEX TO CONSTITUTION.
1.ET. SkC, PlQB.
19
15
19
20
1. Sc
11, 28
5
7
7
20
6
35
7
23
7
9
7
21
17
36
7
36
2
21
15
1
7
42
t/burnafc.lPrinting, binding, and distributing, of, to be performed under
contract, to be given to lowest responsible bidder, below maxi-
mum price, under regulations to be prescribed by law
Judges, Oath of office of.
Salaries of, etc
ineligible to seat in either house of General Assembly
Disqualifications of, from presiding at trial
OflFer to, or acceptance by, of consideration, to influence official
action of, constitutes felony
Duties of. in matter of charges to juries
Judges superior. Power of, to review, in vacation, orders fori injunction,
and other provisional writs, issued by County Judge in absenca
of Circuit Judge from county
Judges of Supreme Court— see (Jourts, Supreme, Judges of.
Judges of Circuit Court — see Courts, Circuit, Judges of.
Judge of Chancery Courts — see Courts of Chancery, Judges of.
Judged of Pulaiki Chancery Cmrt see Cmrt—PulaskiChancery, Judge of.
Judges of County Courts — see Courts, County, Judges of.
Judges of Probate Courts— see Cburts, Probate, Judges of.
Judges of Courts of Common Pleas— see Courts of Common Pleas, Judge* of.
Judges oj Corporation Cburts — see Courts, Corporation, Judges of.
Judges of inferior courts— see Courts, Inferior, Judges of.
Judges of Elections— see Elections.
Judges of Election under Schedule— see Election under Schedule, Judges of.
Judges, Special :
of the Supreme Court
of the Circuit Courts
of County Courts
of Probate Courts
Judgment of peers
Judgement in impeachment, how limited
Judgments, final, of Justices of the Peace, Appeals from _
Homesteads not to be subject (with exceptions stated), to liens
of 9 3
See, also. Appeals.
Judicial Circuits 18
[For Table showing apportionment of counties to judicial
circuits, as prescribed until otherwise provided by General
Assembly, see at close of Index.]
Jumdtction, Exclusive, (with exception stated) of two heuses of Gen-
eral Assembly in joint session, in case of contested elections
for officers of Executive Department .6 4
incases of impSachment K
But see Courts, under separate head of each court
Juries, Charges to .-. 7 23
Jury, Right of trial by 2 7
Trial by, may be waived by the parties 1 7
Right of trial by, to extend to all cases at law, without regard
to amount in controversy 3 7
Division of opinion of, in criminal prosecution 2 8
Right of trial by, in criminal prosecutions 2 10
to ascertain amount of compensation for property or right of
way appropriated to use of corporations 12 9'
in question of parallelism or competition of lines of railroads
or canals 17 4
Jury, Grand— see Grand Jury.
ustice. Right to obtain 2 13
M«ti/lcotion may be pleaded in criminal prosecutions for libel 2 6
Justices of Supreme Court— Bee Court, iSupreme, Judges of.
TiCES OP THE Peace :
Officers of the Judicial Department.— The judicial power of the
State is in part vested in Justices of the Peace 7 1
Election.— The qualified electors of each township shall elect the
Justices of the Peace for the term of two years 7 38
Number o/.— For every two hundred electors there shall be elected
one Justice of the Peace ; but every township, however small,
shall have two Justices of the Peace 7 39
Term of office.— They shall be elected for the term of two years.. 7 38
Qualifications.— A Justice of the Peace shall be a qualified elec-
tor, and a resident of the township f«r which he is elected 7 41
INDEX TO CONSTITUTION. clxxi
Art. Sec. Paob.
Commisaton*.— Justices of the Peace shall be commissioned by
the Governor T S8, 48 29, SI
Oath of office.— Before entering: on the duties of their respec-
tive oflBoes, they shall take and subscribe to the following oath
or aflBrmation : "I. , do solemnly swear
(or afiBrm) that I will support the Constitution of the United
States, and the Constitution of the State of Arkansas, and
that I will faithfully discharge the duties of the office of Jus-
tice of the Peace, upon which I am now about to enter." 19 20 58
Endorsement of oath upon eommiasion. — Their official oath shall
be endorsed on their commission 7 38 29
Other civil office* for which not diigualified. — Justices of the
Peace are eligible to a seat in either house of the General
Assembly „ i 7 1
And to serve as election officers 3 10 8
Jurisdiction. — They shall have original jurisdiction in Ithe fol-
lowing matters :
1. Exclusive of the Circuit Court, in all matters of contract
where the amount in controversy does not exceed the sum
of one hundred dollars, excluding interest ; and concurrent
jurisdiction in matters of contract, where the amount in
controversy does not exceed the sum of three hundred dol-
lars, exclusive of interest 7 4 £9
2. Concurrent jurisdiction in suits for the recovery of personal
property, where the value of the property does not ^exceed
thn sum of three hundred dollars; and. in all matters of
damage to personal property where the amount in contro-
versy does not exceed the sum of one hundred dollars 7 40 29
3. Such jurisdiction of misdemeanors as is now, or maybe,
prescribed by law 7 40 29
4. To sit as examining courts, and commit, discharge, or rec-
ognize offenders to the court having jurisdiction, for further
trial; and to bind persons to keep the peace, or for good
behavior 7 40 29
5. For the foregoing purposes, they shall have power to issue
all necessary process 7 40 30
6. They shall be conservators of the peace within their respec-
tive counties 7 40 39
Provided, a Justice of the Peace shall not have jurisdiction
where a lien on land, or title or possession thereto is involv-
ed 7 40 50
General Assembly may make criminal cases cognizable by Jus-
tices of the Peace, and courts of similar jurisdiction, which
shall form exceptions to the requirement of presentment or
indictment by a grand jury 2 >j S
Superintending control and appellate jurisdiction of Circuit Court*.
—The Circuit Courts shall exercise a superintending control
and appellate jurisdiction over Justices of the Peace; and shall
have power to issue, hear, and determine, all the necessary
writs to carry into effect their general and specific powers,
any of which writs may be issued upon order of the Judge of
the appropriate court, in vacation 7 14 24
Appeals.— Appeals may be taken from the final judgments of
the Justices of the Peace, to the Circuit Courts, under such
regulations as are now, or may be, provided by law 7 42 30
Diaqualijication to preside at trial,— T^o Justice shall preside in
the trial of any cause in the event of which he may be inter-
ested, or where either of the parties shall be connected with
him by consanguinity or affinity, within fsuch degree Jas may
be prescribed by law; or in which he may have been of coun-
selor have presided in any inferior court 7 20 25
Quorum of th* County. — The Justices of the Peace of each
county, to sit with and assist the County Judge in levying
county taxes, and in making appropriations for the expenses
of the county, in the manner to be prescribed by law, and the
County Judges, together with a majority of the Justices, to
constitute the Court, who shall elect one of their members to
preside. The General Assembly to regulate, by law, the man-
ner of eompelling th« attendance of such quorum 7 30 27
clxxii INDEX TO CONSTITUTION.
But see Township officers, and, under head of Officers, sub-
ead. "Provisions applicable to all public officers."
Knowledge essential to good goyernment..
K.
L.
Skc. Page.
9
3
38
13
1
43
13
4
44
7
32
28
7
40
30
2
28
7
Laborers' liens. Homestead subject to
Lafayette county. General provisions of Art. XIII, Sec. 1, not to apply to...
County line may run withing ten miles of county seat of
Land, Courts of Common Pleas not to be rested with jurisdiction in mat-
ters involving title to
Jurisdictittn prohibited to Justices of the Peace where lien on,
or title, or possession to, involved
Lands, Tenure of (exclusively allodial)
sixteenth section, Transfer, from Pulaski Chancery Court, to
counties where lands located, of suits and proceedings re-
lating to, or to money due for 7 44 30
See. also, Real property.
Law, the, Equality of all persons before, recognized, and ever to remain
inviolate 2 3 2
due process of. Right to 2 8 3
of the State not to be suspended or set aside, except by General
Assembly 2 12 4
of the land. None to be touched in life, liberty, property or
privilege, except in accordance with 2 21 5
See, also. Special Laws, and for full digest of restrictions
upon special and local legislation. General Assembly, un-
der sub-head of Powers Denied.
Common— see Common Law.
Laws of the State not to be suspended or set aside, but by General As-
sembly
Right to remedy in the, for injuries and wrongs
Remedy for injuries and wrongs to be conformable to the
Bills of attainder prohibited
Ex post facto, prohibited '
impairing obligation of contracts, prohibited
making distinction between resident aliens and citizens, in the
matter of property, prohibited
giving preference to any religious establishment, .denomina-
tion, etc., prohibited
for protection of equal religious liberty, to be passed
contrary to provisions of Declaration of Rights, or to the other
provisions of the Constitution to be void
whereby the right to vote at any election shall be made to de-
pend upon any previous registration of the elector's name,
prohibited '
election, of the State, Willful and corrupt violation of, to con-
stitute felony, and disqualify from offices of trust or profit...
Style of.
not to belpassed except by bill
Revival, amendment, and extension or conferment of pro-
visions, of. 5 23 U
local'and special. Restrictions upon General Assembly, respect-
ing passage of. I But see, also, for full digest. "Special
Lkglslation"] 5 24,20, 26 14
General, where applicable, no special law to be enacted 5 25 U
Pre-existing, on subject-matter of claims, indispensable to ap-
propriation or payment unless, etc 5 27 H
making appropriations. Requisites of. 5 29 15
making general appropriations. Restriction on contents of. 5 30 15
Separate, and embracing, each, but one subject, required, to
make appropriations other than for ordinary expenses of leg-
islative, executive, and judicial departments of State 5 30 15
criminal, Indictment and punishment under, not barred by
proceedings to expel member of General Assembly 5 36 16
Faithful execution of, Governor to see to 6 7 17
2
12
4
2
13
4
2
13
4
2
17
5
2
17
5
2
17
5
2
20
5
2
24
G
2
25
6
3
6
8
5
19
13
5
21
13
11
4
40
12
6
42
14
4
45
16
6
47
16
11
47
17
8
50
19
15
57
19
17
58
So
1
60
INDEX TO CONSTITUTION. clxxiii
Art. Sec. Page.
Laws, power of Governor to call out volunteers or militia to exe-
cute
General, creating'corporations, may be altered or repealed
regulating public schools. Execution of, to be vested as may
be provided by General Assembly
exempting -property from taxation, other than as provided in
Constitution, void
imposing taxes, to state distinctly the object thereof
for benefit of corporations. Condition of passage of.
Printing, binding, and distributing, of, to be performed under
contract, to be given to lowest responsible bidder, below maxi-
mum price, under regulations to be prescribed by law
Revision, digesting, arrangement, publication, and promulga-
tion, of.
not in conflict with Constitution, to remain in force until
amended or repealed by General Assembly
Exemption, in force at adoption of Constitution of 1868, to re-
main in force with regard to contracts made before that
time So
See, also. Acts, and Bills.
Leases of lines of railroad or canal, by parallel or competing lines, their
lessees, etc., prohibited 17
Legislation, Special — see Special Laws, Local Laws, and, forlfall digest
Special Legislation.
Legislative Department
Ordinary expenses of, to be provided for in general appropria-
tion bill
Legislative powers of State government confided to separate body of mag-
istracy
Legislative power vested in General Assembly
Legislature — see General Assembly.
Legitimation of children, not to be effected by special law
Levy of taxes— see Tax, Taxation, and Tax4s.
Levying tear against the State to constitute treason
Liabilities of railroad or other corporations held or owned by State
See Debt and Debts.
Libel, Criminal prosecutions f«r
Truth may be given in evidence, in
Liberties, Disseizure of, except by judgment of peers or law of the land,
prohibited
Liberty, civil and religious. Acknowledgement of gratitudel to God for
civil and religious, Perpetuation and security of, one of the
objects of the Constitution
Right of enjoying and defending, inherent and inalienable
of the press and of speech
None to be deprived of, without due process of law
personal, jeopardy of, No person to be twice put in, for same
offence
None to be deprived of, except by judgment of peers or law of
the land
religious. Natural and indefeasible right of.
of conscience. Right of.
of worship
of speech and debate, in session of General Assembly
Intelligence and virtue the safeguards of.
But see, also. Freedom.
it6ran"«8 used exclusively for* school purposes, exempt from taxation 16 5 47
Lien on land, jurisdiction prohibited to Justices of the Peace where in-
volved 7 40 30
Li4ns of judgments or decrees (with exceptions stated— see below),
Homesteads not subject to seizure under 9 3 38
specific, Homesteads subject to ••• 9 3 38
Laborers' or mechanics', for improvement. Homestead subject
to seizure under ^ 9 3 38
Life, Right of enjoying and defending, inherent and inalienable 2 2 2
jeopardy of. No person to be twice put in, for same offence 2 8 3
None to be deprived of, without due process of law 2 8 3
None to be deprived of, except by judgment of peers or law of
the land 2 21 5
Survivors' right of action for injuries resulting in loss of. 5 32 15
*.5
1
9,10
5
30
15
4
1
9
5
1
10
5
24
14
2
14
4
5
33
15
2
6
3
2
6
3
2
21
5
Pr
1
Pr
1
2
2
2
2
6
3
2
8
3
2
8
3
2
21
5
2
24
6
2
24
6
2
24, 25
6
5
15
12
14
1
44
clxxiv INDEX TO eONSTITtJTION.
Limitation, Statutes of, with regrard to sealed and unsealed instruments,
in force at adoption of Constitution of IMS, to continue to ap-
ply to all instruments afterwards 'exeeuted, until altered or
repealed
Limitations on Powers of General Atsemblv—t^* GentraliAttemhlv, under
sub-head of Powers Denied.
Liquors, intoxicating. Sale or gift of, durinc day or nlcht of aleetioB
under Schedule, prohibited „
Little Rock to be and remain the seat of government ,
Loan of credit of counties or municipal corporations to aorporationi, In-
dividuals, etc., prohibited
oficredit of State, counties, and munieipalitiei. prohibited
Local Lawn, Classes of, prohibited „
bills for. Publication of notice of intentioA to apply for
See Special Lkoislatiok.
Local improvements in towns or cities, Assessments on real property for...
Lot, Casting of, at first session of Senate, to determine term of office of
Senators
Lotteries not to be authorieed by this State „ „
Lottery Tickets, Sale o(, not to be allowed
Lunatics— see Intans, and Insans persons.
Page.
M,
Magistracy, Each department of State gorerament eonllded to geparate
body of. „
Magistrate, Chief, styled " the Governor of the State of Arkansas "
Magistrates— see Justices of th* Psace, and, for the Judge ef each court,
under Courts and the proper sub-head.
Magna Charta, Excerpt from, in relation to right to obtain Justice
Male citizen „
Male inhabitant
Male persons
Malfeasance in office. Removal of county and township officers for
Managers of Corporations — see Corporations, anl Railroad Companies,
Canal Companies, and Tumpih* Compmni**, under items rela-
tive to their officers.
Mandamus, Supreme Court may issue writs"of, la aid of its appellate and
supervisory jurisdiction , „ .-
Manufactures ,.
Exemption from taxation, of capital invested in
Manufacturing, (mining and agriculture,) bureau of. General Assembly
may create
Manufacturing interests of the State,lGeneral Assembly to pass laws foster-
ing and aiding
Marines of U. S. not to acquire residence by being stationed in the State...
Married women, Separate^property of.
Scheduling of separate personal property of.
Materials used exclusively for public charity. Exempt from taxation
Mayor's Courts — see Courts, Chrporation.
Mechanics' liens for improvement. Homestead subject
Members of Congress— see Congressmen.
Members of General Assembly— see Senators and JRepressntativst.
Messages, 'Regnl&T, of Governor, to General Assembly
of Governor, returning bills disapproved
of Governor returningjoint and concurrent orders or resolutions
disapproved
returning items, disapproved, of bills making appropria-
tions „
to General Assembly, communicating pardons, reprieves, ete...
Mileage of members of General Assembly
of members of General Assembly, during two years from adop-
tion of Constitution
MUitary at all times to be in strict subordination to tke oivil power
power never to interfere to prevent free exorcise of right of suf-
frage ,.„..
officers, appointed by General Assembly, to be elected viva
voce, and vote entered OBJoursals
f«
15
63
1
2
n
5
41
16
1
46
i
24, 25
14
i
26
14
19
27
60
i
S
10
19
14
57
19
14
57
4
1
9
6
2
16
2
IS
4
3
1
7
14
3
44
3, 11
1, 1
7, 40
7
27
27
7
22
10
39
19
,40
10
39
10
39
3
8
9
7, 8
39
9
8
39
16
5
47
9
3
38
«
8
18
6
15
19
«
16
20
6
17
20
6
18
20
i, Se
16, 28
12. 67
Sc
28
67
2
27
7
3
2
7
6
14
12
6
6
17
11
1
40
1
11
40
11
2
40
11
4
40
INDEX TO CONSTITUTION. clxxv
Art. Sec. Page.
Military forces of State, Governor to b« Commander-in-Chief of (with
exception stated) 6 6 17
Military duty. Who subject to U ,1 40
See, also. Militia, and Army.
Militia 11 ■• 40
Militia in actual service in time of war or public danger. Action of grand
jury not requisite in case of offences arising in 2 8
Militia, IGovernor to be Commander-in-Chief of (with exception
stated)
of whom to consist
Organization, ofiSceriug, arming, equipment, and train-
ing of. •
Volunteer companies of
Power of Governor to call out
(with exceptions stated) Privileged from arrest during attend-
ance at musters and elections of oflScers, and going to and re-
turning from the sanie
Members of, may serve as oflScers of election
Militia office. Treasurer, Secretary, and Auditor, of State, and Attorney
General, prohibited from, holding
Militia officers. Oath of oflSce of '.
eligible to seats in General Assembly
eligible to executive or judicial oflBce
Miners, Security of life, health, and safety of.
Mining
Exemption from taxation of capital invested in
Mining interests of the State, General Assembly to pass laws fostering
and aiding
Mining, Manufacturing, \and Agricultural Bureau, General Assembly may
create
Ministry, None rightfully compellable to maintain any, against his con-
sent
Minority of Senate and House of Kepresentatives, Powers of, to adjourn
from day to day, and compel attendance of absent mem-
bers
Minor children. Homestead exemption for benefit of.
Minors, Apprenticeship of,County Courts to have exclusive original juris-
diction in all matters relating to
Misappropriation of public school fund, or of money or property be long-
ing to State for benefit of schools or universities, pro-
hibited
Miscellaneous Provisions â– .
Misdemeanors, Jurisdiction of Justices of the Peace in
Misfeasance in oflSce, Removal of county and township oflScers for
in matter of use of public moneys, by oflficers of State, or
members or oflScers of General Assembly
Mohs, Power of Governor to call out volunteers or militia to disperse
Money, Public, Collectors or holders of, ineligible to General Assembly,
or to oflSce of trust or profit, until account and payment of all
sums for which liable „
public, embezlement of. Conviction of, after adoption of Con-
stitution, disqualifies for seat in General Assembly, or ofl&ce of
trust or profit -
to influence action of public oflicer, Person offering, and oflScer
consenting to receive, guilty of felony „
bills making appropriations of. Power of Governor to disap-
prove items of
Disbursements of, for county purposes. County Courts to have
exclusive original jurisdiction in all matters relating to
Acts authorizing issue of paper to circulate as, prohibited
belonging to school funds, how to be employed
public. Publication of receipts and expenditures ©f..„
Money, Appropriation of— see Appropriations.
Moneys, Public, Misuse of, by oflficers of State, or members or oflBcers of
General Assembly
arising from taxes levied for any purpose, to be uged for no
other
Disbursement of, from treasury
Public, to be turned over to officers chosen at first election
Monopoli4$ declared eontrar/ U sei»iD« •t » lepabU*, aa4 pxolubitei
6
22
21
19
, 20
58
5
7
11
19
26
60
19
18
58
10
39
10
3
40
10
1
39
10
1
.39
2
24
6
5
11
11
9
f5, 10
38. 39
7
28
27
14
2
45
19
55
r
40
29
7
27
27
le
3
46
11
4
40
§
9
11
5
33
16
6
17
2Q
7
28
28
12
10
â– 42
14
2
44
19
12
57
16
11
47
16
12
48
Se
21
66
3
19
6
clxxvi INDEX TO CONSTITUTION.
Morality essential to good government
General Assembly may delegate the taxing power, with the ne-
cessary restrictions, to, to extent of providing for their exis-
tence, maintenance, and well-being, but in further
Municipal boards, commissions, or trusts, OflScers of (aldermen not inclu-
ded) , disqualified for service as oflBcers of election
Municipal corporations
Power of Supremo Court to issue writs of quo warranto
to ofiBcers of.
Appeals from allowances made for or against
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