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2. As soon as the Senate shall meet after the first election to be held in pursuance of this Constitution, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the first year : of the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that one class may be elected every year: and if vacancies happen, by resignation or otherwise, the persons elected to supply such vacancies shall be elected for the unexpired terms only.
Sec. III.-1. The General Assembly shall be composed of members annually elected by the legal voters of the counties respectively, who shall be apportioned among the said counties as nearly as may be according to the number of their inhabitants. The present apportionment shall continue until the next census of the United States shall have been taken, and an apportionment of members of the General Assembly shall be made by the Legislature at its first session after the next and every subsequent enumeration or census, and when made, shall remain unaltered until another enumeration shall have been taken; provided, that each county shall at all times be entitled to one member: and the whole number of members shall never exceed sixty.
Sec. IV.–1.• Each house shall direct writs of election for supplying vacancies, occasioned by death, resignation or otherwise; but if no vacancies occur during the recess of the Legislature, the writs may be issued by the Governor, under such regulations as may be prescribed by law.
2. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall con. stitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.
3. Each house shall choose its own officers, determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, may expel a member.
4. Each house shall keep a journal of its proceedings, and from time to time publish the same; 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.
5. Neither house, during the session of the Legislature, shall, 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
6. All bills and joint resolutions shall be read three times in each house, before the final passage thereof; and no bill or joint resolution shall
pass, unless there be a majority of all the members of each body personally present, and agreeing thereto; and the yeas and nays of the members voting on such final passage shall be entered on the journal.
7. Members of the Senate and General Assembly shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the State; which compensation shall not exceed the sum of three dollars per day for the period of forty days from the commencement of the session; and shall not exceed the sum of one dollar and fifty cents per day for the remainder of the session. When convened in extra session by the Governor, they shall receive such sum as shall be fixed for the first forty days of the ordinary session. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting, on the most usual route. The President of the Senate, and the Speaker of the House of Assembly shall, in virtue of their offices, receive an additional compensation, equal to one-third of their per diem allowance as members.
8. Members of the Senate and General Assembly shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sitting of their respective houses, and in going to and returning from the same: and for any speech or debate, in either house, they shall not be questioned in any other place.
SEC. V.-1. No member of the Senate or General Assembly shall, during the time for which he was elected, be nominated or appointed by the Governor, or by the Legislature in joint meeting, to any civil office under the authority in this State, which shall have been created, or the emoluments whereof shall have been increased, during such time.
2. If any member of the Senate or General Assembly shall be elected to represent this State in the Senate or House of Representatives of the United States, and shall accept thereof, or shall accept of any office or appointment under the government of the United States, his seat in the Legislature of this State shall thereby be vacated.
3. No justice of the Supreme Court, nor judge of any other court, sheriff, justice of the peace, nor any person or persons possessed of any office of profit under the government of this State, shall be entitled to a seat either in the Senate or in the General Assembly; but, on being elected and taking his seat, his office shall be considered vacant; and no person holding any office of profit under the government of the United States shall be entitled to a seat in either house.
Sec. VI.—1. All bills for raising revenue shall originate in the House of Assembly; but the Senate may propose or concur with arendments, as on other bills.
2. No money shall be drawn from the treasury, but for appropria tions made by law.
3. The credit of the State shall not be directly or indirectly loaned in any case.
4. The Legislature shall not, in any manner, create any debt or debts, liability or liabilities, of the State, which shall singly, or in the aggregate with any previous debts or liabilities, at any time exceed one hundred thousand dollars, except for purposes of war, or to repel invasion, or to suppress insurrection, unless the same shall be authorized by a law for some single object or work, to be distinctly specified therein ; which law shall provide the ways and means, exclusive of loans, to pay the interest of such debt or liability as it falls due, and also, to pay and discharge the principal of such debt or liability within thirty-five years from the time of the contracting thereof, and shall be irrepealable until such debt or liability, and the interest thereon, are fully paid and discharged; and no such law shall take effect until it shall, at a general election, have been submitted to the people, and have received the sanction of a majority of all the votes cast for and against it at such election ; and all money to be raised by the authority of such law shall be applied only to the specific object stated therein, and to the payment of the debt thereby created. This section shall not be construed to refer to any money that has been, or may be deposited with this State by the government of the United States.
Sec. VII.-1. No divorce shall be granted by the Legislature.
2. No lottery shall be authorized by this State; and no tickets in any lottery not authorized by a law of this state, shall be bought or sold within the State.
3. The Legislature shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or depriving a party of any remedy for enforcing a contract, which existed when the contract was made.
4. To avoid improper influences which may result from intermixing in one and the same act, such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
5. The laws of this State shall begin in the following style: "Be it enacted by the Senate and General Assembly of the State of New Jersey."
6. The fund for the support of free schools, and all money, stock, and other property, which may hereafter be appropriated for that purpose, or received into the treasury under the provision of any law heretofore passed to augment the said fund, shall be securely invested, and remain a perpetual fund; and the income thereof, except so much as it may be judged expedient to apply to an increase of the capital, shall be annually appropriated to the support of public schools, for the equal benefit of all the people of the State; and it shall not be competent for the Legislature to borrow, appro.
priate, or use the said fund, or any part thereof, for any other purpose, under any pretence whatever.
7. No private or special law shall be passed, authorizing the sale of any lands belonging in whole or in part to a minor or minors, or other persons who
at the time be under any legal disability to act for themselves.
8. The assent of three-fifths of the members elected to each house shall be requisite to the passage of every law for granting, continuing, altering, amending, or renewing charters for banks, or money corporations; and all such charters shall be limited to a term not exceeding twenty years.
9. Individuals, or private corporations, shall not be authorized to take private property for public use, without just compensation first made to the owners.
10. The Legislature may vest in the circuit courts, or courts of common pleas, within the several counties of this State, chancery powers, so far as relates to the foreclosure of mortgages, and sale of mortgaged premises.
Sec. VIII.—1. Members of the Legislature shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation :
“I do solemnly swear, (or affirm, as the case may be,) that I will support the Constitution of the United States, and the Constitution of the State of New Jersey, and that I will faithfully discharge the duties of senator (or member of the General Assembly, as the case may be,) according to the best of my ability.”
And members elect of the Senate or General Assembly, are hereby empowered to administer to each other the said oath or affirmation.
2. The Governor shall be elected by the legal voters of the State. The person having the highest number of votes shall be the Governor ; but if two or more shall be equal, and highest in votes, one of them shall be chosen Governor by the votes of the majority of the members of both houses in joint meeting Contested elections for the office of Governor shall be determined in such manner as the Legislature shall direct by law. When a Governor is to be elected by the people, such election shall be held at the time when, and at the places where the people shall respectively vote for members of the Legislature.
3. The Governor shall hold his office for three years, to commence on the third Tuesday of January next ensuing the election for Governor by the people, and to end on the Monday preceding the third Tuesday of January, three years thereafter; and he shall be incapable of holding that office for three years next after his term of service shall have expired; and no appointment or nomination to office shall be made by the Governor during the last week of his said term. 4. The Governor shall not be less than thirty years of
and shall have been, for twenty years, at least, a citizen of the United States, and a resident of this State seven years next before his election, unless he shall have been absent during that time, on the public business of the United States, or of this State.
5. The Governor shall, at stated times, receive for his services a compensation which shall be neither increased nor diminished during the period for which he shall have been elected.
6. He shall be the commander-in-chief of all the military and naval forces of the State; he shall have power to convene the Legislature, whenever, in his opinion, public necessity requires it; he shall communicate, by message, to the Legislature at the opening of each session, and at such other times as he may deem necessary, the condition of the State, and recommend such measures as he may deem expedient; he shall take care that the laws be faithfully executed, and grant, under the great seal of the State. commissions to all such officers as shall be required to be commissioned.
7. Every bill which shall have passed both houses, shall be presented to the Governor: if he approve, he shall sigu it, but if not, he shall return it, with his objections, to the house in which it shall have orignated, who shall enter the objections at large on their journal, and proceed to re-consider it; if, after such re-consideration, a majority of the whole number of that house shall agree to pass the bill, it shall be sent, together with the objections to the other house, by whom it shall likewise be re-considered, and if approved of by a majority of the whole number of that house, it shall become a law; but in neither house shall the vote be taken on the same day on which the bill shall be returned to it, and in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor, within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature by their adjournment, prevent its return, in which case it shall not be a law.
8. No member of Congress, or person holding an office under the United States, or this State, shall exercise the office of Governor; and in case the Governor, or person administering the government, shall accept any office under the United States, or this State, his office of Governor shall thereupon be vacant.
9. The Governor, or person administering the government, shall have power to suspend the collection of fines and forfeitures, and to grant reprieves, to extend until the expiration of a time not exceeding ninety days after conviction; but this power shall not extend to cases of impeachment.
10. The Governor, or person administering the government, the