英文字典中文字典Word104.com

Bouvier's Law Dictionary, Revised 6th Edition (1856)

ARKANSAS. The name of one of the new states of the United States. It was
admitted into the Union by the act of congress of June 15th, 1836, 4 Sharsw.
cont. of Story's L. U. S. 2444, by which it is declared that the state of
Arkansas shall be one, and is hereby declared to be one of the United States
of America, and admitted into the Union on an equal footing with the
original states in all respects whatever.
2. A convention assembled at Little Rock, on Monday, the 4th day of
January, 1836, for the purpose of forming a constitution, by which it is
declared that "We, the people of the Territory of Arkansas, by our
representatives in convention assembled, in order to secure to ourselves and
our posterity the enjoyments of all the rights of life, liberty and
property, and the free pursuit of happiness do mutually agree with each
other to form ourselves into a free and independent state, by the name and
style of `The State of Arkansas.'" The constitution was finally adopted on
the 30th day of January, 1836.
3. The powers of the government are divided into three departments;
each of them is confided to a separate body of magistry, to wit; those which
are legislative, to one; those which are executive, to another and those
which are judicial, to a third.
4.-1. The legislative authority of the state is vested in a general
assembly, which consists of a senate and house of representatives. Each
house shall appoint its own officers, and shall judge of the qualifications,
returns and elections of its own members. Two-thirds of each shall
constitute a quorum to do business, but a smaller number may adjourn from
day to day, and compel the attendance of absent members, in such manner, and
under such penalties, as each house shall provide. Sect. 15. Each house may
determine the rules of its own proceedings, punish its own members for
disorderly behaviour, and with the concurrence of two-thirds of the members
elected, expel a member; but no member shall be expelled a second time for
the same offence. They shall each from time to time publish a journal of
their proceedings, except such parts as, in their opinion, require secrecy;
and the yeas and nays shall be entered on the journal, at the desire of any
five members. Sect. 16.
5. The doors of each house while in session, or in a committee of the
whole shall be kept open, except in cases which may require secrecy; and
each house may punish by fine and imprisonment, any person, not a member,
who shall be guilty of disrespect to the house, by any disorderly or
contemptuous behaviour in their presence, during, their session; but such
imprisonment shall not extend beyond the final adjournment of that session.
Sect. 17.
6. Bills may originate in either house, and be amended or rejected in
the other and every bill shall be read on three different days in each
house, unless two-thirds of, the house where the same is pending shall
dispense with the rules : and every bill having passed both houses shall be
signed by the president of the senate, and the speaker of the house of
representatives. Sect. 81.
7. Whenever an officer, civil or military, shall be appointed by the
joint concurrent vote of both houses, or by the separate vote of either
house of the general assembly, the vote shall be taken viva voce, and
entered on the journal. Sect. 19.
8. The senators and representatives shall, in all cases except treason,
felony, or breach of the peace, be privileged from arrest, during the
session of the general assembly, and for fifteen days before the
commencement and after the termination of each session; and for any speech
or debate in either house, they shall not be questioned in any other place.
Sect. 20.
9. The members of the general assembly shall severally receive, from
the public treasury, compensation for their services, which may be increased
or diminished; but no alteration of such compensation of members shall take
effect during the session at which it is made. Sect. 21.
10.-1. The senate shall never consist of less than seventeen nor more
than thirty-three members. Art. 4, Sect. 31. The members shall be chosen for
four years, by the qualified electors of the several districts. Art. 4,
Sect. 5. No person shall be a senator who shall not have attained the age of
thirty years; Who shall not be a free white male citizen of the United
States; who shall not have been an inhabitant of this state for one year;
and who shall not, at the time of his election, have an actual residence in
the district he may be chosen to represent. Art. 4, Sect. 6.
11. All impeachments shall be tried by the senate; and when sitting for
that purpose, the senators shall be on oath or affirmation to do justice
according to law and evidence. When the governor shall be tried, the chief
justice of the supreme court shall preside; and no person shall be convicted
without the concurrence of two-thirds of the senators elected. Art. 4, Sect.
27.
12.-2. The house of representatives shall consist of not less than
fifty-four, nor more than one hundred representatives, to be apportioned
among the several counties in this state, according to the number of free
white male inhabitants therein, taking five hundred as the ratio, until the
number of representatives amounts to seventy-five; and when they amount to
seventy-five, they shall not be further increased until the population of
the state amounts to five hundred thousand souls. Provided that each county
now organized shall, although its population may not give the existing
ratio, always be entitled to one representative. The members are chosen
every second year, by the qualified electors of the several counties. Art.
4, Sect. 2.
13. The qualification of an elector is as follows: he must 1, be a free,
white male citizen of the United States; 2, have attained the age of twenty-
one years; 3, have been a citizen of this state six months; 4, be must
actually reside in the county, or district where he votes for an office made
elective under this state or the United States. But no soldier, seaman, or
marine, in the army of the United States, shall be entitled to vote at any
election within this state. Art. 4, Sect. 2.
14. No person shall be a member of the house of representatives, who
shall not have attained the age of twenty-five years; who shall not be a
free, white male citizen of the United States; who shall not have been an
inhabitant of this state one year; and who shall not, at the time of his
election, have an, actual residence in the county he may be chosen to
represent. Art. 4, Sect. 4.
15. The house of representatives shall have the sole power of
impeachment. Art. 4, Sect. 27.
16.-2. The supreme executive power of this state is vested in a chief
magistrate, who is styled "The Governor of the State of Arkansas." Art. 5,
Sect. 1.
17.-1. He is elected by the electors of the representatives.
18.-2. He must be thirty years of age a native born citizen of
Arkansas, or a native born citizen of the United States, or a resident of
Arkansas ten years previous to the adoption of this constitution, if not a
native of the United States; and, shall have been a resident of the same at
least four years next before his election. Art. 4, s. 4.
19.-3. The governor holds his office for the term of four years from
the time of, his installation, and until his successor shall be duly
qualified; but he is not eligible for more than eight years in any term of
twelve years. Art. 5, sect. 4.
20.-4. His principal duties are enumerated in the fifth article of the
constitution, and are as follows: He Shall be commander-in-chief of the army
of this state, and of the militia thereof, except when they shall be called
into the service of the United States; s. 6: He may require information, in
writing, from the officers of the executive department, on any subject
relating to the duties of their respective offices; s. 7. He may by
proclamation, on extraordinary occasions, convene the general assembly, at
the seat of government, or at a different place, if that shall have become,
since their last adjournment, dangerous from an enemy, or from contagious
diseases. In case of disagreement between the two houses, with respect to
the time of adjournment, he may adjourn them to such time as he shall think
proper, not beyond the day of the next meeting of the general assembly; s,
8. He shall, from time to time, give to the general assembly information of
the state of the government, and recommend to their consideration such
measures as he may deem expedient; s. 9. He shall take care that the laws be
faithfully executed s. 10. In all criminal and penal cases, except those of
treason and impeachment, he shall have power to grant pardons, after
conviction, and remit fines and forfeitures, under such rules and
regulations as shall be prescribed by law in cases of treason, he shall have
power, by and with the advice and consent of the senate, to grant reprieve
sand pardons; and he may, in the recess of the senate, respite the sentence
until the end of the next session of the general assembly s. 11. He is the
keeper of the seal of the' state, which is to be used by him officially; s.
12. Every bill which shall have passed both houses, shall be presented to
the governor. If he approve, he shall sign it; but if he shall not approve
it, he shall return it, with his objections, to the house in which it Shall
have originated, who shall enter his objections at large upon their
journals, and proceed to reconsider it. If, after such reconsideration, a
majority of the whole number elected to that house shall agree to pass the
bill, it shall be sent, with the objections, to the other house, by which,
likewise, it shall be reconsidered; and if approved by a majority of the
whole number elected to that house it shall be a law; but in such cases, the
votes of both houses shall be determined by yeas and nays; and the names of
persons voting for or against the bill, shall be entered on the journals of
each house respectively. If the bill shall not be returned by the governor
within three days, Sundays excepted, after it shall have been presented to
him, the same shall be a law, in like manner as if be had signed it, unless
the general assembly, by their adjournment, prevent its return; in such case
it shall not be a law; s. 16. 5. In case of the impeachment of the governor,
his removal from office, death, refusal to qualify, or absence from the
state, the president of the senate shall exercise all the authority
appertaining to the office of governor, until another governor shall have
been elected and qualified, or until the governor absent or impeached, shall
return or be acquitted; s. 18. If, during the vacancy of the office of
governor, the president of the senate shall be impeached, removed from
office, refuse to qualify, resign, die, or be absent from the state, the
speaker of the house of representatives shall, in like manner, administer
the government; s. 19.
21.-3. The judicial power of this state is vested by the sixth article
of the constitution, as follows
22.-1. The judicial power of this state shall be vested in one supreme
court, in circuit courts, in county courts, and in justices of the peace.
The general assembly may also vest such jurisdiction as may be deemed
necessary, in corporation courts; and, when they deem it expedient, may
establish courts of chancery.
23.-2. The supreme court shall be composed of three judges, one of
whom shall be styled chief justice, any two of whom shall constitute a
quorum and the concurrence of any two of the said judges shall, in every
case, be necessary to a decision. The supreme court, except in cases
otherwise directed by this constitution, shall have appellate jurisdiction
only, which shall be coextensive with the state, under such rules and
regulations as may, from time to time, be prescribed by law; it shall have a
general superintending control over all inferior and other courts of law and
equity it shall have power to issue writs of error and Supersedeas,
certiorari and habeas corpus, mandamus, and quo warranto, and other remedial
writs, and to hear and determine the same; said judges shall be conservators
of the peace throughout the state, and shall severally have power to issue
any of the aforesaid writs.
24.-3. The circuit court shall have jurisdiction over all criminal
cases which shall not be otherwise provided for by law and exclusive
original jurisdiction of all crimes amounting to felony.at common law; and
original jurisdiction of all civil cases which shall not be cognizable
before justices of the peace, until otherwise directed by the general
assembly; and original jurisdiction in all matters of contract) when the sum
in controversy is over one hundred dollars. It shall hold its terms at such
place in each county, as may be by law directed.
25.-4. The state shall be divided into convenient circuits, each to
consist of not less than five, nor more than seven counties contiguous to
each other, for each of which a judge shall be elected, who, during his
continuance in office, shall reside and be a conservator of the peace within
the circuit for which he shall have been elected.
26.-5. The circuit courts shall exercise a superintending control over
the county courts, and over justices of the peace, in each county in their
respective circuits; and shall have power to issue all the necessary writs
to carry into effect their general and specific powers.
27.-6. Until the general assembly shall deem it expedient to establish
courts of chancery, the circuit courts shall have jurisdiction in matters of
equity, subject to appeal to the supreme court, in such manner as may be
prescribed by law.
28.-7. The general assembly shall, by joint vote of both houses, elect
the judges of the supreme and circuit courts, a majority of the whole number
in joint vote being necessary to a choice. The judges of the supreme court
shall be at least thirty years of age; they shall hold their offices for
eight years from the date of their commissions. The judges of the circuit
courts shall be at least twenty-five years of age, and shall be elected for
the term of four years from the date of their commissions.
29.-8. There shall be established in each county, a court to be holden
by the justices of the peace, and called the county court, which shall have
jurisdiction in all matters relating, to county taxes, disbursements of
money for county purposes, and in every other case that may be necessary to
the internal improvement and local concerns of the respective counties.
30.-9. There shall be elected by the justices of the peace of the
respective counties, a presiding judge of the county court, to be
commissioned by the governor, and hold his office for the term of two years,
and until his successor is elected or qualified. He shall, in addition to
the duties that may be required of him by law, as presiding judge of the
county court, be a judge of the court of probate, and have such jurisdiction
in matters relative to the estates of deceased persons, executors,
administrators, and guardians, as may be prescribed by law, until otherwise
directed by the general assembly.
31.-10. No judge shall preside in the trial of any cause, in the event
of which he may be interested, or where either of the parties shall be
connected with him by affinity or consanguinity, within such degrees as may
be proscribed by law, or in which he shall have been of counsel, or have
presided in any inferior court, except by consent of all the parties.
32.-11. The qualified voters in each township shall elect the justices
of the peace for their respective townships. For every fifty voters there
may be elected one justice of the peace, provided, that each township,
however small, shall have two justices of the peace. Justices of the peace
shall be elected for two years, and shall be commissioned by the governor,
and reside in the townships for which they shall have been elected, during
their continuance in office. They shall have individually, or two or more of
them jointly, exclusive original jurisdiction in all matters of contract,
except in actions of covenant, where the sum in controversy is of one
hundred dollars and under. Justices of the peace shall in no case have
jurisdiction to try and determine any criminal case or penal offence against
the state; but may sit as examining courts, and commit, discharge, or
recognize to the court having jurisdiction, for further trial, offenders
against the peace. For the foregoing purposes they shall have power to issue
all necessary process they shall also have power to bind to keep the peace,
or for good behaviour.

請選擇你想看的字典辭典：

單詞	字典	翻譯
Arkansas	查看　Arkansas　在Google字典中的解釋	Google英翻中〔查看〕
Arkansas	查看　Arkansas　在Yahoo字典中的解釋	Yahoo英翻中〔查看〕