xt7wm32n6k28 https://exploreuk.uky.edu/dips/xt7wm32n6k28/data/mets.xml Kentucky. 1852  books b96-15-36619927 English A.G. Hodges, State Printer, : Frankfort, Ky. : Contact the Special Collections Research Center for information regarding rights and use of this collection. Law Kentucky.Wickliffe, C. A. Turner, Squire. Nicholas, S. S. (Samuel Smith), 1796-1869. Revised statutes of Kentucky  / by C.A. Wickliffe, S. Turner, and S.S. Nicholas ; approved and adopted by the General assembly, 1851 and 1852, and in force from July 1, 1852. text Revised statutes of Kentucky  / by C.A. Wickliffe, S. Turner, and S.S. Nicholas ; approved and adopted by the General assembly, 1851 and 1852, and in force from July 1, 1852. 1852 2002 true xt7wm32n6k28 section xt7wm32n6k28 

TH E



REVISED STATUTES OF KENTUCKY,






                       BY





   C. A. WICKLIFFE, S. TURNER, AND S. S. NICHOLAS,
            COMMISSIONER8 APPOINTED BY THE LEGISLATURE:





                APPROVED AND ADOIrED




BY THE GENERAL ASSEMBLY, 1851 AND 1852.






         IN FORCE FROM JULY 1, 1852.






                FRANKFORT, KENTUCKY.
             A. G. HODGES.... STATE PRINR.
                     1852.

 
































UNITED STATES OF AMERICA,    Sc
            District of Keenaucky,  S
          Be it remembered, that, on this 9th day of Jannary, anno domini 1852, C. A.
  5  2 WICIKLIFFE, S. Tua,ER, and S. S. NICHOLAS, Commissioners appointed by the Legig-
        lature of Kentucky, of said District, deposited in this office the title of a book,
  which is in the words and figures following, viz: "1The Revised Statutes of Kentucky,
by C. A. lviCklffe, Squire Turner, S. S. Nichlas, Comissioners appointed by the Leyislature-
approaed and adopted by the General Assembly, 1851 and 1852;" the right whereof they claim
as authors, for the use of the State of Kentucky, in conformity with an act of Congress,
entitled, "An act to amend the several acts respecting Copy-Rights."
                                       ATTEST,                JOHN A. MONROE,
                                                           Clerkfur the Kentucky District.

 



         TO THE CITIZENS OF KENTUCKY.



  IN this volume you have the Statute Law of your state, revised,
and adopted by the legislature.
  The constitution of the state made it the duty of the general as-
sembly of Kentucky, first to convene after its adoption by the people,
to appoint two boards of commissioners-one to prepare a code of
practice for the courts, both civil and criminal, in this commonwealth,
by abridging and simplifying the rules of practice and laws in relation
thereto; the other to revise and reduce into system the civil and
criminal statute law of Kentucky, so as to have - but one law on the
same subject. Under this section, and in virtue of an act of the
legislature passed at the session of 1849-'50, the two boards were
organized.
  The final report of the board to revise the statutes was made to
the legislature in December, 1851, as follows:
To the General Assemnlly of the Commonwcaltu of Kentucky:
  The undersigned were selected to revise and to reduce into system
the civil and criminal statute law of Kentucky. A portion of the work
was submitted to the legislature at its last session, and having.been
adopted, the 1st day of July, 1852, was fixed as the prospective period
at which it should operate. The object contemplated by the legislature
in the postponement was, that the revision might be completed, and the
remainder of the work submitted for the consideration and adoption of
the present legislature. We have fulfilled the duty assigned us, and
now have the honor of presenting to the representatives of the people,
for their consideration, the result of our labors. and invite their patient
and careful examination. The legislation of the past had caused a
great accumulation of statutes, but it is believed that the present re-
vision condenses in a single volume all the material provisions of our
complex statutory law.
  We will at any time, if it be deemed necessary, attend at the capitol
during the session, to afford to the committees of your body to whom
you may refer the examination of the work, such explanations as they
may require in regard to the details it embraces.
  It may be necessary, after the final action of the legislature upon
the revision, that the commissioners should so arrange the chapters as
to make the compilation harmonious, and to attach indices and margin-
al notes, to facilitate reference to its contents. These duties the com-
missioners would discharge if required.

 TO THE CITIZENS OF KENTUCKY.



  In the prosecution of their labors, the commissioners have sought to
embody with method and fidelity the spirit of the existing statutes of
the state, rather than to embark in hazardous innovations, and have
only ventured to introduce improvements when the legislation of our
sister states or the advqncement of legal science demonstrated their
utility. We have been less ambitious of rendering the revision theo-
retically perfect, than practically beneficial, and we trust that our labors
will receive the approbation of the legislature, the bar, and the people.
                          Respectfully, yours,
                                             C. A. WICKLIFFE,
                                             SQUIRE TURNER,
                                             S. S. NICHOLAS.
  In a work of this magnitude, requiring labor, vigilance, and a famil-
iar practical acquaintance with our statute laws in their chaotic form,
perfection was not to be expected. Imperfect as it may be, the sanc-
tion and approval of the work by the representatives of the com-
monwealth stamps it with the authority of law.
  The legislature of 185I-'2, after the adoption of the revised sta-
tutes, adjourned without providing for their publication. The under-
signed, two of the commissioners, believing that the publication ought
to be made under the superintendence of the commissioners, or some
of them, determined to publish this book for the use of the state,
upon their own responsibility. They regret that the other commis-
sioner declined to assist in the preparation of the work for the press.
  It was to be expected that differences of opinion would arise in the
board as the work of revision progressed. These differences, when
deemed of sufficient importance, were noted and submitted to the
legislature. Since that tribunal has passed upon them, they have ceased
to possess any interest, so far as the public are concerned, and they
have not been noted in this publication. Some of the most material
alterations and amendments to the original reports of the commission-
ers, made by the legislature, have been noticed.
                                            C. A. WICKLIFFE,
  AUGMST 2,18;52.                           SQUIRE TURNER.



v

 




TABLE OF CONTENTS.



The Declaration of Independence .
The Constitution of the United States
Index to the Constitution of the United States
Compact with Virginia
The old Constitution of Kentucky .
Index to the old Constitution of Kentucky .
The new Constitution of Kentucky
Index to the new Constitution of Kentucky .
The Articles of Confederation
Washington's Farewell Address
                    LAWS OF TUE UNITED STATES.
Naturalization.
Fugitives from Justice and from Labor
Fugitives from Labor
Authentication of Records



..... .            1
 .  .  .            5
 .  .  .  18
 . . . 23
 . . . 27
 . . . 45
 . . . 51
 . . . 81
 . . . 89
 . . . 97

 . . . 111
 . . . 118
 . . . 119
 . . . 125



                 THE REVISED STATUTES OF KENTUCKY.
An act to adopt the Revised Statutes. . . . . ... .    .  .
CHAP.  1. Actions in certain cases, allowed
       2. Advertisements ..............
       3. Arbitration and Awards .
       4. Attorneys  ...............
       5. Auditor  ................
       6. Bastardy ................
       7. Boats and Navigation
       8. Boundary, Sovereignty, and Jurisdiction of the State
            of Kentucky
       9. Cattle, Horses, and Dogs
       10. Causes of action which survive.
       11. Caveat
       12. Champerty and Maintenance .
       13. Change of Venue
       14. Charitable Uses and Religious Societies.
       15. Citizens, Expatriation, Aliens.
       16. Claims upon the Treasury .
       17. Clerks .................
       18. Commissioners of Foreign Deeds.
       19. Confession of Judgment
       20. Constables  ...............
     '21. Construction of Statutes



127
128
129
129
131
135
141
143



150
160
162
162
164
106
170
172
174
179
183
184
184
189

 
TABLE OF CONTUNT6.



CHAP. 22. Contracts....        ........
      23. Contribution
      24. Conveyances   .........
      25. Costs .............
      26. County Levy
      27. Courts .............
      28. Crimes and Punishments
      29. Currency ............
      30. Descent and Distribution
      31. Dueling  ............
      32. Elections ............
      33. Escapes ............
      34. Escheats and Escheators, .
      35. Evidence ............
      36. Executions  ...........
      37. Executors and Administrators .
      38. Fees  .............
      39. Ferriesr.i      ..........
      40. Fraudulent Conveyances and Devises
      41. Fugitives from Justice
      42. Gaming   ............
      43. Guardian and Ward .
      44. Guards, Public .
      45. Habeas Corpus .
      40. Heirs and Devisees
      47. Husband and Wife
      48. Idiots and Lunatics
      49. Impeachment   ..........
      50. Inclosures and certain Trespasses
      51. Insolvent Debtors .
      52. Inspections  ...........
      53. Interest and Usury .
      54. Internal Improvement
      55. Juries, Grand and IPetit .
      56. Landlord and Tenant



  ....   192
. ...    194
. ...    l196
  .. .. 202
          208
          214
          243
          277
          279
          283
. ...    283
          304
          305
          311
          315
          331
          242
          357
          363
          365
          367
          372
          377
          379
          382
          383
          395
          405
          407
          409
          410
          419
          421
          426
          438



57. Lands, Division and Conveyance of by County Courts
58. Lands, Forfeited
59. Lands, Forfeiture and Relinquishment of .
60. Lands, Processioning of .
61. Laws .         ...                        .-.
62. Legislature  ...............
63. Limitation of Actions and Suits.
64. Master and Apprentice.
65. Masters, Auditors, Receivers, and Commissioners in
      Chancery.



444
446
448
449
451
456
458
466

468



VI

 
                        TABLE OF CONTENTS.                     11

 Cji.r. 66. Militia................                        . 470
       67. Mills................                          . 507
       (;8. Narmes may be Changed. . . . . . . . . . . 511
       W9. NotaryPublic .  ...  .  .  . .  . .  . .  .  . .  511
       70. Occupying Claimants  . . . . . . . . . . . 512
       71. Office and Officer.. . . . . . . . . . . . 515
       72. Partnerships. . .  .  . .  . .  .  . .  . .  . .  518
       73. Patrols ...   .  .  .   ...   .  . .  . .  .   . 520
       71. Penitentiary.         ... . . . . . . . . . . . 523
       75. Poor and Poor Houses.        ... . . . . . . . 531
       76. Port-Wardens  ...   .   . ....     .  . .  .   . 53-2
       77. Public Arms and Accoutrements.     ... . . . . 534
       78. Public Buildings.  .  . .  . .  . .  .  . .  . .  535
       79. Public Printer. .  .  . .  . .  . .  .  . .  . .  538
       80. Real Estate.  . .  . .  . .  .  . .  . .  .  . .  540
       81. Register .....        . .......         .  .   .  545
       82. Registration of Births, Deaths, and Marriages . . . 546
       83. Revenue and Taxation . . . . . . . . . . . 549
       84. Roads and Passways . . . . . . . . . . . . 579
       85. Salaries.....        . ......         ..    .     590
       86. Sale of the Real Estate and Slaves of Infants, &c.  591
       87. Salt and Saltpetre Works. . . . . . . . . . 596
       88. Schools and Seminaries. . . . . . . . . . . 599
       89. Secretary of State.. . . . . . . . .        . .   610
       90. Sergeant . .  . .  .  . .  . .  .  . .  . .  .  . 611
       91. Sheriffs, Jailers, and Coroners . . . . . . . . . 613
       92. Sinking Fund  . . . . . . . . . . . . . . 623
       93. Slaves, Runaways, Free Negroes, and Emancipation . 627
       94. Small Pox  . . . . . . . . . . . . . . . 648
       95. State Library . . . . . . . . . . . . . . 649
       96. Strays.6...............                        . 652
       97. Sureties and Co-Obligors. . . . . . . . . . 654
       98. Surveyors  .6....     .  .  . ..   .  .  ..    .  058
       99. Taverns, Tippling Houses, &c. . . . . . . . . 660
     100. Towns.6.6.6.............                       . 666
     101. Treasurer. . . . . . . . . . . . . . . . 671
     102. Treasury Warrant Claims . . ..    . . . . . . 675
     103. Turnpike and Plank Roads. . ..    . . . . . . 077
     104. Vagrants.  . . . . . . . . . . . . . . . 690
     105. Weights and Measures . . . ..      . . . . . . 692
     106.W ills . .  .  . .  . .  .  . .  . .  .  . .  . .  693
     107. Witnesses.. ........                              701
     108. Wolves and Wild Cat-i. . . . . . . . . . . 703
Index to the Revised Statutes  ..               .  .  . .   70.5

 




























                  EXPLANATIONS OF REFERENCES.

M1. & B ......M orehead & Brown's Digest.
L......                                           Loughborough's Digest.
A. 1850, to............................. Session Acts of 1849-'50, to.
Con......                                         New Constitution of Kentucky.
31. R....                                         Massachusetts Revision.
N. Y. R....                                       New York Revision.
V. R....                                          Virginia Revision.

 




THE DECLARATION OF INDEPENDENCE.




       IN CONGRESS, JULY 4, 1776.

 THE UNANIMOUS DECLARATION OF THE THIRTEEN
            UNITED STATES OF AMERICA.

  WHIEN, in the course of human events, it becomes ne-  July 4, 1776.
cessary for one people to dissolve the political bands which
have couneoted them with another, and to assume, among
the powers of the earth, the separate and equal station to
which the laws of nature and of nature's God entitle them,
a decent respect to the opinions of mankind requires that
they should declare the causes which impel them to the
separation.
  We hold these truths to be self-evident:-that all men
are created equal; that they are endowed, by their Cre-
ator, with certain unalienable rights; that among these are
life, liberty, and the pursuit of happiness. That to secure
these rights, governments are instituted among men, de-
riving their just powers from the consent of the governed;
that whenever any form of government becomes destruct-
ive of these ends, it is the right of the people to alter or to
abolish it, and to institute a new government, laying its
foundation on such principles, and organizing its powers
in such form as to them shall seem most likely to effect
their safety and happiness. Prudence, indeed, will dictate,
that governments long established should not be changed
for light and transient causes; and accordingly all experi-
ence hath shown, that mankind are more disposed to suffier
while evils are sufferable, than to right themselves by abol-
ishing the forms to which they are accustomed. But when
a long train of abuses and usurpations, pursuing invariably
the same object, evinces a design to reduce them under
absolute despotism, it is their right, it is their duty to throw
off such government, and to provide new guards for their
future security. Such has been the patient sufferance of
these colonies; and such is now the necessity which con-
strains them to alter their former systems of government.
The history of the present king of Great Britain is a history
of repeated injuries and usurpations, all having in direct
object the establishment of an absolute tyranny over these
states. To prove this, let facts be submitted to a candid
world.
  lie has refused his assent to laws the most wholesome
and necessary for the public good.
  He has forbidden his governors to pass laws of immcedi-
            1

 
DECLARATION OF  DEPENDENCE.



July 4. Im.  ate and pressing importance, unless suspended in their
           operation, till his assent should be obtained; and when so
           suspended, he has utterly neglected to attend to them.
             He has refused to pass other laws for the accommodation
           of large districts of people, unless those people would re-
           linquish the right of representation in the legislature-a
           right inestimable to them, and formidable to tyrants only.
              He has called together legislative bodies at places unu-
           sual, uncomfortable, and distant from the repository of their
           public records, for the sole purpose of fatiguing them into
           compliance with his measures.
              lie has dissolved representative houses repeatedly, for
           opposing, with manly firmness, his invasions on the rights
           of the people.
              Ile has refused, for a long time after such dissolutions, to
           cause others to be elected; whereby the legislative pow-
           ers, incapable of annihilation, have returned to the people
           at large, for their exercise, the state remaining, in the mean
           time, exposed to all the dangers of invasion from without,
           and convulsions within.
              Ile has endeavored to prevent the population of these
           states; for that purpose obstructing the laws for naturaliza-
           tion of foreigners; refusing to pass others to encourage
           their migration hither, and raising the conditions of new
           appropriations of lands.
              Ile has obstructed the administration of justice, by re-
           fusing his assent to laws for establishing judiciary powers.
              He has made judges dependent on his will alone, for
           the tenure of their offices, and the amount and payment of
           their salaries.
              He has erected a multitude of new offices, and sent hith-
           er swarms of officers, to harass our people, and eat out
           their substance.
              He has kept among us, in times of peace, standing ar-
           mies, without the consent of our legislatures.
              He has affected to render the military independent of,
           and superior to, the civil power.
              LIe has combined with others to subject us to a jurisdic-
           tion foreign to our constitution, and unacknowledged by
           our laws; giving his assent to their acts of pretended legis-
           lation:
              For quartering large bodies of armed troops among us:
              For protecting them, by a mock trial, from punishment
           for any murders which they should commit on the inhabi-
           tants of these states:
              For cutting off our trade with all parts of the world:
              For imposing taxes on us without our consent:
              For depriving us, in many cases, of the benefits of trial
            by jury:
              For transporting us beyond seas to be tried for pretend-
            ed offenses:
              For abolishing the free system of English laws in a
            neighboring province, establishing therein an arbitrary gov-
            ernment, and enlarging its boundaries, so as to render it



2

 
DECLARATION OF INDEPENDENCE



at once an example and fit instrument for introducing the  July 4, 1776.
same absolute rule into these colonies:
  For taking away our charters, abolishing our most valu-
able laws, and altering, fundamentally, the forms of our
governments:
  For suspending our own legislatures, and declaring
themselves invested with power to legislate for us in all
cases whatsoever.
  He has abdicated government here, by declaring us out
of his protection, and waging war against us.
  He has plundered our seas, ravaged our coasts, burnt
our towns, and destroyed the lives of our people.
  He is at this time transporting large armies of foreign
mercenaries to complete the works of death, desolation,
and tyranny, already begun with circumstances of cruelty
and perfidy, scarcely paralleled in the most barbarous ages,
and totally unworthy the head of a civilized nation.
  He has constrained our fellow citizens, taken captive on
the high seas, to bear arms against their country, to become
the executioners of their friends and brethren, or to fall
themselves by their hands.
  Ile has excited domestic insurrections amongst us, and
has endeavored to bring on the inhabitants of our frontiers
the merciless Indian savages, whose known rule of warfare
is an undistinguished destruction of all ages, sexes, and
conditions.
  In every stage of these oppressions we have petitioned
for redress in the most humble terms: our repeated peti-
tions have been answered only by repeated injury. A
prince, whose character is thus marked by every act which
may define a tyrant, is unfit to be the ruler of a free people.
  Nor have we been wanting in attentions to our British
brethren. We have warned them, from time to time, of
attempts by their legislature to extend an unwarrantable
jurisdiction over us. We have reminded them of the cir-
cumstances of our emigration and settlement here. We
have appealed to their native justice and magnanimity,
and we have conjured them by the ties of our common
kindred to disavow these usurpations, which would inev-
itably interrupt our connexions and correspondence. They
too have been deaf to the voice of justice and of consan-
guinity. We must, therefore, acquiesce in the necessity
which denounces our separation, and hold them, as we
hold the rest of mankind enemies in wvar, in peace,
friends.
  We, therefore, the representatives of the UNITED STATES
OF AMERICA, in General Congress assembled, appealing to
the Supreme Judge of the world for the rectitude of our
intentions, do, in the name and by the authority of the
good people of these colonies, solemnly publish and declare,
That these United Colonies are, and of right ought to be,
FREE and INDEPENDENT STATES; that they are absolved from
all allegiance to the British crown, and that all political
connexion between them and the state of Great Britain



3

 
DECLARATION OF II'DEPEMNDE



Ju17 4, Ie.  is, and ought to be, totally dissolved; and that, as FREE
          and INDEPENDENT STATES, they have full power to levy war,
          conclude peace, contract alliances, establish commerce,
          and to (lo all other acts and things which INDEPENLDFNT STATES
          may of right do. And for the support of this Declaration,
          with a firm reliance on the protection of D[VINE PROVnIDFN( E,
          we mutually pledge to each other our lives, ourfortunes, and
          our sacred honor.
                           JOHN HANCOCK.
             Nmw Hampshire.-Josiah Bartlett, William Whipple,
          Matthew Thornton.
            Jlassachusetts Bay.-Samuel Adams, John Adams, Robert
          Treat Paine, Elbridge Gerry.
            RJhode Island, 4-c.-Stephen Hopkins, William Ellery.
            C'on nccticut.-Roger Sherman, Samuel Huntingdon, Wil-
          liam Williams, Oliver Wolcott.
            New Yark.-William Floyd, Philip Livingston, Francis
          Lewis, Lewis Morris.
            Ncw Jersey.-Richard Stockton, John Witherspoon, Fran-
          cis Hlopkinson, John Hart, Abraham Clark.
            Pennv2syania.-Robert Morris, Benjamin Rush, Benja-
          min Franklin, John Morton, George Clymer, James Smith,
          George Taylor, James Wilson, George Ross.
            Delaware.-Csar Rodney, George Read, Thos. M'Kean.
            MJarylan7d.-Samuel Chase, William Paca, Thomas
          Stone, Charles Carroll of Carrollton.
            Virginia.-George Wythe, Richard Henry Lee, Thomas
          Jefferson, Benjamin Harrison, Thomas Nelson, jr., Fran-
          cis Lightfoot Lee, Carter Braxton.
            North Carolina.-William Hooper, Joseph Hewes, John
          Penn.
            South Carolina.-Edward Rutledge, Thomas Hayward,
          jr., Thomas Lynch, jr., Arthur Middleton.
          Georgia.-Button Gwinnett, Lyman Hall, George Walton.



4

 





THE CONSTITUTION OF THE UNITED STATES,




  WE, the People of the United States, in order to form a
more perfect union, establish justice, insure domestic tran-
quility, provide for the common defense, promote the gen-
eral welfare, and secure the blessings of liberty to our-
selves and our posterity, do ordain and establish this con-
stitution for the United States of America.
                 ARTICLE I.-SECTIoN 1.
  1. All legislative powers herein granted shall be vested Isslgtive pow.
in a congress of the United States, which shall consist of a era.
senate and house of representatives.
                       SEcTrioN 2.
  1. The House of Representatives shall be composed of Members ofthe
                 , ,        ,                  ,   , ,  boe us of repr-.-
members chosen every second year by the people of the tative-how ,ho
several states; and the electors in each state shall have e
the qualifications requisite for electors of the most numer-
ous branch of the state legislature.
  2. No person shall be a representative who shall not  Qualificationof
have attained to the age of twenty-five years, and been orreprewnI4Ut'ev
seven years a citizen of the United States, and who shall
not, when elected, be an inhabitant of that state in which
he shall be chosen.
  3. Representatives and direct taxes shall be apportioned  Apportionment
among the several states which may be included within  r '"pre'.tti-
this union, according to their respective numbers, which
shall be determined by adding to the whole number of free
persons, including those bound to service for a term of years,
and excluding Indians not taxed, three-fifths of all other
persons. The actual enumeration shall be made within   census-when
three years after the first meeting of the congress of the to be taken.
United States, and within every subsequent term of ten
years, in such manner as they shall by law direct. The
number of representatives shall not exceed one for every
thirty thousand, but each state shall have at least one rep-
resentative; and until such enumeration shall be made, the
state of New Hampshire shall be entitled to choose three;
Massachusetts eight; Rhode Island and Providence Plan-
tations one; Connecticut five; New York six; New Jersey
four; Pennsylvania eight; Delaware one; Maryland six;
Virginia ten; North Carolina five; South Carolina five;
and Georgia three.
  4. When vacancies happen in the representation from  vacncfra how
any state, the executive authority thereof shall issue writs filled.
of election to fill up such vacancies.

 

                        CONSTITUTION OF THE UNITED STATES.

               5. The house of representatives shall choose their speak-
 loerepresen- er and other officers, and shall have the sole power of im-
   tateshcheowtrpeachnllent.
                                    SECTIoN 3.
               1. The Senate of the United States shall be composed
 Senate-bow to of twvo senators from each state, chosen by the legislature
 be chosen,  thereof, for six years; and each senator shall have one vote.
               2. Immediately after they shall be assembled in conse-
Senators classed. quence of the first election, they shall be divided, as equal-
             ly as may be, into three classes. The seats of the sena-
             tors of the first class shall be vacated at the expiration of
             the second year, of the second class at the expiration of
             the fourth year, and of the third class at the expiration of
             the sixth year, so that one-third may be chosen every sec-
             ond year; and if vacancies happen, by resignation or oth-
 Vacancies inre- erwise, during the recess of the legislature of any state,
cess, how filled. the executive thereof may make temporary appointments
             until the next meeting of the legislature, which shall then
             fill such vacancies.
               3. No person shall be a senator who shall not have at-
 Qualification of tained to the age of thirty years, and been nine years a cit-
 senator.   izen of the United States, and who shall not, when elected,
             be an inhabitant of that state for which he shall be chosen.
               4. The Vice President of the United States shall be pres-
 Vice President. ident of the senate, but shall have no vote, unless they be
             equally divided.
               5. The senate shall choose their other officers, and also
 Sesatetochoo.  a president pro tempore, in the absence of the vice presi-
 their officers..  dent, or when he shall exercise the office of President of
             the United States.
               6. The senate shall have the sole power to try all im-
             peachments. When sitting for that purpose, they shall be
             on oath or affirmation. When the President of the United
             States is tried, the Chief Justice shall preside; and no per-
             son shall be convicted without the concurrence of two-
             thirds of the members present.
               7. Judgment in case of impeachment shall not extend
Judgmen-ti-case further than to removal from office, and disqualification to
   of ipeh hold and enjoy any office of honor, trust, or profit, under
             the United States; but the party convicted shall neverthe-
             less be liable and subject to indictment, trial, judgment,
             and punishment according to law.
                                     SECTION 4.
                1. The times, places, and manner of holding elections
 Manner of elect- for senators and representatives, shall be prescribed in each
 ince embers coo- state by the legislature thereof; but the congress may, at
             any time, by law, make or alter such regulations, except as
             to the places of choosing senators.
                2. The congress shall assemble at least once in every
  Congress to as- year, and such meeting shall be on the first Monday in De-
serule annually. cember, unless they shall by law appoint a different day.

 

COS8TITUTION OF THE UNITED STATES.



                        SECTION 5.
  1. Each house shall be the judge of the elections, re-  Elections, how
turns, and qualifications of its own members; and a ma- judged.
jority of each shall constitute a quorum to do business;  Quorumor ,n
but a smaller number may adjourn from day to day, and ate and house of
may be authorized to compel the attendance of absent   pr   tives.
members, in such manner and under such penalties as each
house may provide.
  2. Each house may determine the rules of its proceed-  Rules-
ings, punish its members for disorderly behavior, and, with
the concurrence of two-thirds, expel a member.
  3. Each house shall keep a journal of its proceedings,  Journal sbyeach
and from time to time publish the same, excepting such hure.
parts as may in their judgment require secrecy; and the
yeas and nays of the members of either house, on any
question, shall, at the desire of one-fifth of those present,
be entered on the journal.
  4. Neither house, during the session of congress, shall, Adiourment
without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the
two houses shall be sitting.
                        SECTION 6.
  1. The senators and representatives shall receive a com- Compeusation.
pensation for their services, to be ascertained by law, and
paid out of the treasury of the United States. They shall,
in all cases, except treason, felony, and breach of the peace, Privileges.
be privileged from arrest during their attendance at the ses- Amsts.
sion of their respective houses, and in going to or returning
from the same; and for any speech or debate in either house,
they shall not be questioned in any other place.
  2. No senator or representative shall, during the time for  Exclusion fromn
which he was elected, be appointed to any civil office un- offic
der the authority of the United States which shall have
been created, or the emoluments whereof shall have been
increased,