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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



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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






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 ■.

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


■ 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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Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 19 of 25)