The constitution of the state of Arkansas online

Supreme executive, vested in Chief Magistrate, styled Govern-
or, etc .'

Judicial, where vested

to tax corporations or corporate property, not to be surrendered
or suspended by any contract or grant to which the State may

be a party

Powers. Just, of government, derived from consent of the governed

higher, delegated by the Constitution, Provision of safeguard

against transgression of.

of the State government, how divided....

belonging to either department of government, not to be exer-
cised by any person or persons belonging to another depart-
ment, except as prescribed in Constitution, after Art. IV

of each house of General Assembly

Power*, grant of which is within jurisdiction of the courts, not to be

conferred by special law

of corporations— see Art. XII, passim.

of the General Assembly— see General Assembly, under sub-heads of
Powers Discretionary, and Powers Denied.

Practice in criminal prosecutions for libel

Preamble

Pre-existing laws, on subject-matter of claims, indispensable to appro-
priation or payment, unless, etc

Pre/er«nee never to be given, by law, to any religious establishment, de-
nomination, or mode of worship, above any other

Presentment or indictment of grand jury, requisite to criminal prosecu-
tions, exoept in cases specified

Presentment, Removal of county and township officers upon

Presiding Officer, Each house of General Assembly to elect, etc

of Senate to be styled President of the vSenate

of House to be styled Speaker of the House of Representa-
tires •



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INDEX TO CONSTITUTION. clxxxiii

Art. Sec. Page.

I'reMent of Constitutional Convention, in case of all places on State Board
of Supervisors of election under Schedule becoming vacant

at same time, to fill vacancy

President of the Senate

Election of

Term of office of.

in case of vacancy in office of Governor, his disability or ab-
sence, to succeed to powers, duties, and emoluments of office,
for remainder of term, till removal of disability, or till elec-
tion and qualification of the Governor 5, 6 18. 12 13, 18

exercising office of Governor, in case of vacancy not happening
within twelve months next before expiration of Governor's

term, to cause election to be held to fill such vacancy, etc 6 14 18

a member of Board of Canvassers of returns of election to fill

vacancy in office of Governor 6 14 19

to certify ( with Speaker of House), to Governor, fact of disa-
greement between the wo houses of the General Assembly,

with respect to time of adjournment 6 20 21

Presidents of Corporations — see Corporations, and Railroad Companies.
Canal Companies and Turnpike Companies, under items rela-
tive to their officers.

Press, Liberty of the, to remain forever inviolate 2 6 3

liberty of the. Responsibility for abuse of 2 6 3

Presumption, QvQ&t, in case of capital oflFenceg, to exclude from bail 2 8 4

Preoiovs condition. No distinction in point of civil rights of duties, on

account of. 2 3 2

Printing of laws, jouraals, and department reports, and other printing,
to be performed under contract, to lowest lesponsible bidder,

below maximum price, as shall be prtscribed by law 19 15 5

for use of State government, contract for furnishing, to be sub-
ject t« approval of Governor, Auditor, and Treasurer 19 15 57

for State government. No member or officer of government to

be interested in contract for ''. 19 15 57

Private property not to be taken, appropriated, or damaged, without

just compensation 2 22 6

See, also. Eminent domain, and corporations.

Private corporations 12 . . 4

See, also, corporations.
Private property. Foreign corporations to have no power to condemn or

appropriate 12 11 42

Private solicitations. Power of each house of General Assembly to pro-
tect its members against

Privilege of free choice of form government

of writ of habeas corpus. Suspension of.

citizen not to be deprived of, on account of race, color, or pre-
vious condition "

of writ of habeas corpus, Suspension of

Elector's, of freedom from arrest

of members of General Assembly, of freedom from arrest

of members of General Assembly, of freedom from question

elsewhere for speech or debate in either house

offer of, to influence action of public officer, or acceptance of

by officer, constitutes felony

of volunteers and militia, from arrest

Privileges of corporations— see Art. XII, passim.

Equality of.

Hereditary, forever prohibited

Disseizure of, except by judgment of peers or law of the land,

prohibited

of elector, Idiots and insane persons not entitled to

grant of which is within jurisdiction of the courts, not to be con-
ferred by special law 5 25 14

special or exclusive, under which ftona^cfe organization be not
made, and business commenced in good faith, at time of

adoption of Constitution, declared invalid 12 1 41

General Assembly may tax 16 5 47

of foreign corporations doing business in this State, Regular

tions concerning 12 11 42

Probate Courts— see Courts, Probate.



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2


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2


2


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8


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15


12


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12


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40


2


18


5


2


18


5


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21


5


3


5


8



clxxxiv INDEX TO CONSTITUTION.



Probate business, jurisdlcVion of, transferred from Circuit to Probate

Courts

Probate of wills, J arisdioiion of. vested in Courts of Probate

Proceedings, Each house of General Assembly may determine the rules

of its'own

Journal of, to be kept by each house of General Assembly

to expel member of General Assembly for criminal oflFence. not

to bar indictment and punishment for same offence

Proceedings for investigation of elections— see Elections, Contested.

For other proceedings, see under head of the particular
subject-matter of proceeding.
Procedure— see General Assembly, under the head of Proceedings,
and under the sub-heads, throughout that entire title, of "o.
In matter of procedure." Reference to the procedure in any
particular instance will be found in the General Index, under
the appropriate head.

Process, due, of law. Right to

compulsory, for witnesses. Right of accused to

civil. Exemption of electors from, during attendance at elec-
tions

Power of each house of General Assembly to enforce obedience

to its

civil, Exemption of members of General Assembly from, dur-
ing session, etc

Power of Justices of the Peace to issue

judicial. Style of

Proclamation for election to fill vacancy in office of Governor

by Governor, of disapproval of bills, return of which has been

prevented by adjournment of General Assembly

by Governor, convening General Assembly on extraordinary

occasions

by Governor, convening General Assembly at place other than

seat of government

of Governor, enjoining preservation of good order, etc., on day

of election under Schedule

Prohibition, Supreme Court may issue writs of, in aid of its appellate and

supervisory jurisdiction

Prohibitions to General Aseembly-see General Assembly, under head

of Powers Denied.
Profit, Offices of— see Offices.
Promise of value, testimonial, or advantage, to influence action of public
officer, or the acceptance of such promise by the officer, con-
stitutes felony

Property, Inherent and inalienable right of all men tp acquire, possess

and protect

None to be deprived of, without due process of law

Right to remedy for injuries to

Distinctions of law between resident aliens and citizens, in

matter of, prohibited

None to be deprived of, except by judgment of peers or law of

the land

Right of, before, and higher than, any constitutional sanction...
Private, not to be taken, appropriated, or damaged, for public

use, without just compensation therefor

Right of action for injuries to

appropriated to use of corporations. Compensation for

private. Foreign corporations to have no power to condemn or

appropriate

belonging to school funds, how t© be employed

taxable. School tax upon, prescribed

General Assembly to direct equal and uniform valuation of, for

purposes of taxation

taxable. No one species of, to be taxed higher than another

species of equal valuation

Exemption of, from taxation

of corporations, Surrender or suspension of power to tax, pro-
hibited

of incorporated companies, State'e right of eminent domain
over



Sec. Page



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62


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5


35


16


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2


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8


3


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6


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15


12


9


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11


42


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44


14


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10


5


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16


5


47


16


5


47


16


7


47


17


9


50



INDEX TO CONSTITUTION.



clxxxv



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Propertj/, Moveable, of railroad companies, to be considered and treated

as personal

damages to. Railroads to bo responsible for

Property exemption— see Exemption.

Proof, Evident, of capital offence, to exclude from bail

of publication of notice of intention to apply for local or
speoial bill, to be exhibited in General Assembly, before pas-
sage of bill

S«e, also. Evidence.
Prosecuting Attomeya, Salary of, during two years from adoption of Con-
stitution

Election of. „

Term of office of.

Qualifications of.

liable to impeachment

how removable upon address

Salary and fees of, etc

First election for

Prosecutions not to abate bacause of change made in thio Constitution

Prosecutions, Criminal, for libel. Rights of accused in

generally. Rights of accused in

Case of division of opinion of jury in

Venue in, not to be changed by local or special law

Protection of the people one of the objects of the institution of govern-
ment

of members of either house of General Assembly, against vio-
lence, offers of bribes, or private solicitations

Provisional writs. Power of County Judge, in absence of Circuit Judge

from county, to issue

See, however. Writs,

Publication of sentiment. Freedom of.

charged as libelous. Justification of. cdmissible in criminal

prosecutions for libel

of journal of each house of General Assembly

at length, required, of such portions of laws as may be revived,

or amended, and of provisions extended or conferred

of notice of intention to apply for local or special bills

of votes for officers of Executive Department

of receipts and expenditures of public money

of the laws of the State

of proposed amendmentslto Constitution

of notice of election under Schedule

"'of result of vote, on adoption of Constitution

Public buildings, Cofltracts for erections, repairs, or materials of

Public, Credit, Loan of. prohibited

Public danger. Action of Grand Jury not requisite in cas^^s arising in the

militia when in actual service in time of.

Public debt — see Debt, Public.

Public defense. State may contract debts to provide for

Public money. Collectors or holders of, ineligible to General Assembly, or
office of trust or profit, unlil account and payment of all sums

for which liable

embezzlement of. Conviction of, after adoption of Constitution,
disqualifies for seat in General Assembly, or office of trust or

profit

PMic moneys. Misuse of, by officers of State, or members or officers of

General Assembly

Public peace. Power of Governor to call out volunteers or militia, to pre-
serve

Public property, used exclusively for public purposes. Exemption of, from

taxation

Puhlic sajety. Suspension of habeas corpus for, in certain cases

Public Schools — see Schools.

Public use. Property taken, appropriated, or damaged, for

Public welfare. State may contract debts to provide for

Public worship. Equal liberty of, to be protected

Publicity of sessions of General Assembly

Pulaski Chancery Court— Bee Court Pulaski Chancery.



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24

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37



45
45
56, 67
61
66
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3, 4
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'''For cci)y of this publication, see p. xzili.

19



clxxxvi INDEX TO CONSTITUTION.

Art. Seo, Page.

jPuntsAment, Cruel or unusual, not to be inflicted 2 9 4

of crime, by involuntary servitude 2 27 6

of members or other persons, lor contempt or disorderly behav-
ior in presence of either house of General Assembly 5 12 11

for contempt or disorderly behavior in presence'of either house
of General Assembly, not a bar to indictment for same
offence 5 12 12

for offering consideration to public oflBcer, to influence his
action, or for acceptance, by officer, of such consideration 5 35 16

Proceedings to erpel member of (}«neral Assembly for criminal
offence, no bar to, under the criminal laws, for the same
offence .-. 5 36 16

for contempts. Power of General Assembly to regulate, when
not committed in presence or hearing of court or in disobedi-
ence to process 7 26 27

for misuse of public moneys by officers of State, or members or

officers of General Assembly 16 3 4\5

But see, a,\so. Penalties.
Purchaee-money, No property, while in hands of vendee, to be exempt

from execution for debts contracted for the 19 1 37



Q.



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4 10


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12,-1



Qualification to yote]or hold o&ce,'B,e\\gio\is test never to be required

as a 2 26 fi

of Governor, Failure of. Office how filled incase of 6 12 18

of a Governor concludes exercise, [by Acting Governor, of guber-
natorial functions â– . 6 12 18

Refusal.of!by President.of Senate, upon occurrence of vacancy in

Governorship,, Case of. 6 13 18

of officers chosen at election held under Schedule to the Consti-
tution

0«aK^ca<ton»ofvotefs, 'General rule of

of voters. Exceptions to general rule of.

of Senators and Representatives

See, also, for. special ditqualifications

See, also. Disqualifications.

But forfull digest of qualifications and disqualifications of

members of General Assembly, see General Assembly, head

of Constitution, etc., sub-head of Qualifications of mem-

hert.
Each'house of General Assembly to be sole judge of the, of its

own members

for officelof Governor

of Judges of Supreme Cou-t

of Judges of Circuit Courts

of Special Judges of Circuit Courts

of Judges of County Courts

of Prosecuting Attorneys

of Justices of the Peace

of an"elector, requisite in order to the holding of office

of surities upon official bonds of State and county .officers

Militia officers, officers of public schools, and Notaries, eligible

to executive or judicial offices

of voters at election under schedule

Quartering of soldiers

Qtiestion, elsewhere than in the house of General Assembly, for speech

or debate there, prohibited

Quorum of Senate and'House of Representatives

of Supreme court

'^â– Quorum of the County

to consist of the County Judge, sitting with, and assistedjby.'all

the Justices of the Peace of the county

Functions of, to consistlin levying the county taxes."and

making appropriations for the expenses 'of the county

County Judgo'and majority of the Justices of the.Place, to con-
stitute the quorum



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59


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32


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INDEX TO CONSTITUTION.



clxxxvii



In absence of County Judge, majority of the Justices may con-
stitute the Court, and elect one of their own number to pre-
side

General Assembly to regulate by law tht manner of compelling

the attendance of a quorum

*See note at foot of page.
Quo-warranto, Supreme Court may issue writs of, in aid of its appellate

and supervisory jurisdiction

Supreme Court may, in the exercise of the original juris-
, diction, issue writs of, to Circuit Judges and Chancellors,
and to officers of political corporations, when the question in-
volved is the legal existence of such corporations



R.



5EC. PaGB.

30 27



^ace. No distinction in point of civil rights or duties, on account of.

Railroad companies

Obligations or liabilities of, held or owned by State, never to be
exchanged, transferred, remitted, postponed, or in any way
diminished, by General Assembly, or released except by pay-
ment thereof into the State treasury

to be common •arriers

Right ©f, to construct and operate railroads between any points
within this State

Right of, to connect, at State line, with railroads of other
States

Right of, to intersect, connect with, or cross, other reads

to receive and transport passengers, tonnage, and cars, of other
roads, without delay or discrimination

to maintain one office in the State, where transfers of stock
shall be made

Books of to be kept at office, for inspection by stockholders and
creditors

Books of, to show ownership, amounts, and transfers, of

stock, and names and place of residence of officers

iJaiZroarfs, Equal right of all individuals, corporations, etc., to trans-
portation of persons and property over

Railroad Companiee, Consolidation, lease, purchase, or control, of par-
allel or competing lines, of road, by, or by its lessees, purcha-
sers, or managers, prohibited

Officers of, not to act as officers of similar corporations control-
ling parallel or competing lines

officers of prohibited from interest direct or indirect in fur-
nishing materials or supplies to such coaipany or in its busi-
ness as common carrier

prohibited from making discrimination in charges, or facilities
for transportation, by abatement, drawback, or otherwise

or their lessees, managers, or employes, prohibited from mak-
ing preferences in furnishing cars or motive power

General Assembly to prevent, by law, grant of free passes by,
to any officer of the State

laws to be passed to correct abuses, and to prevent unjust dis-
crimination, and excessive charges by, etc

Rolling stock and all other movable property of, to be con-
sidered and treated as personal property, and to be liable to
execution and sale

General Assembly to pass no law exempting movable property
of, from execution and sale

Annual report of, to Auditor of Public Accounts

See, also, corporations.

Railroads, Canals, annd Turnpikes

Railroads to be public highways

Right to construct and operate

Connections and intersections of

Undue or unreasonable discrimination in charges, and in fa-
cilities of transportation, upon, prohibited

Rule of uniform charges for transportation upon

permitted to issue excursion and commmutation tickets at
special rates „



2


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.,.


48


5


33


15


17


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48


17


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48


17


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48


17


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48


17


1


48


17


2


48


17


2


48


17


2


48


17


3


48


17


4


49


17


4


49


17


5


49


17


6


49


17


6


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17


7


50


17


10


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17


11


50


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13


SO


17




48


17


i


48


17


1


-18


17


1


48


17


3


48


17


3


49



clxxxviii INDEX TO CONSTITUTION.



Railroad, Question of parallelism orcompetion of lines of, to be decided

by a jury, as in other civil issues

responsible for all damagas to persons and property, under.reg-

ulations prescribed by General Assembly

General Assembly to secure, as far as possible, the lives,

health, aod safety of travelers upon

Rates of transportation ".

Hatio of representation in the House of Representatives

of representation in the Senate

Reading of hills

Real estate. Tenure of (exclusively allodial)

Courts of Common Pleas not to be vested with jurisdiction in

matters involving title to

Jurisdiction prohibited to Justices of the.Peace where lien on,

or title, or possession to, involved

See Real property , below.

Real property. Separate, of feme covert

Assessments on, for local improvements, in towns or cit-
ies

See Real Estate, above.

Rehellion, Suspension of habeas corpus in case of.

Power of Governor to call out volunteers or militia to re-
press

Receipts of public money. Publication of.

Receivers, Homesteads subject to seizure under judgments against, for

moneys collected by them

.Bece«8 of Senate, Power of Governor, incases of treason, to grant respite

of sentence in

Recommendations, by Governor, to General Assembly

Recovery for injuries to person or property, or resulting in death

Recorder, clerks of circuit courts (except in counties where separate

County Clerk is chosen) to be

Recovery of personal property , svLits ioT , Jurisdiction of Justice of the

Peace in

.Beco»m<iera«tonof bills returned, disapproved by Governor

of joint and concurrent orders and resolutions disapproved

by Governor

of items, disapproved by Governor, of bills making appropria-
tions .'

Record of oflBcial acts and proceedings of the Governor, Secretary of

State to keep

JBecorcfo, oflScial, to be turned over to oflBcers chosen at first election

of County Boards of Supervisors, Criminal Courts, and of pro-
bate business of Circuit Courts, to be transferred to Probate

Courts, respectively

i?ccorder ineligible to seat in either house of General. Assembly

Re-enactment of laws, to be by publication at length

.Be/ormation, of government. Right of the people to

Reformatory purposes. Corporations for

Registration, No law to be enacted whereby the right to vote at any elec-
tion shall depend upon any previous, of the elector's name

of voters at election under Schedule

.Be^ase of obligations or liabilities of corporations, held or owned by
State, save by payment into the public treasury, Iprohib-

ited

Relief, grant of which is within jurisdiction of the courts, notto be grant-
ed by special law

Religion essential to good government

^cKciotts 6cZtc/, No person to be rendered incompetent as a witness, on

account of his

Religious denomination, Each, to be protected in peaceable enjoyment of

its own mode of public worship

Religious establishment. No preference ever to be given, by law, to any

Religious liberty , Acknowledgment of gratitude to God for

Perpetuation and security of, one of the objects of the^Constitu-

tion

Natural and indefeasible right of.

See, also

Religious test, as'qu'alification to vote or hold oflSce, prohibited



Art.


Sec.


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7


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40


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39


19


27


60


2


11


4


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4


40


19


12


57


9


3


33


6


18


20


6


8


18


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32


15


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25


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40


29


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15


19


6


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20


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17


20


6


21


21


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Sc


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66


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7


11


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14


2


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12


2


41


3


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Sc


12


63


5.12


33.12


15.43


5


25


14


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25


6


2


26


6


2


25


6


2


2t


6


Pr




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Pr




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24


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25


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26


6



Sec.


PAGW5.


33


15


18


20


8


50


4


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4


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40


29


13


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7


17



INDEX TO CONSTITUTION. clx^xxix

Art.
Remission of obligations or liabilities of corporations, held or owned by

State, prohibited 5

of fines and forfeitures by Governor 6

of forfeiture of charters, Conditions of. 17

Remedial lerits. Judges of Supreme Court, severally to have power to

issue 7

Remedy for injuries and wrongs. Right to : 2

Remonstrance. Right of. 2

Removal of Governor, OflRce how filled in case of. 6

of President of Senate during vacancy in office of Governor,

Governorship how filled in case of 6