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General Assembly of this Commonwealth, shall be in force within this State until they shall be altered or repealed by the General Assembly.

SEC. 234. All civil officers for the State at large shall reside within the State, and all district, county, city or town officers shall reside within their respective districts, counties, cities or towns, and shall keep their offices at such places therein as may be required by law.1

SEC. 235. The salaries of public officers shall not be changed during the terms for which they were elected; but it shall be the duty of the General Assembly to regulate by a general law, in what cases and what deductions shall be made for neglect of official duties. This section shall apply to members of the General Assembly also.2

SEC. 236. The General Assembly shall, by law, prescribe the time when the several officers authorized or directed by this Constitution to be elected or appointed, shall enter upon the duties of their respective offices, except where the time is fixed by this Constitution.

SEC. 237. No member of Congress, or person holding or exercising an office of trust or profit under the United States, or any of them, or under any foreign power, shall be eligible to hold or exercise any office of trust or profit under this Constitution, or the laws made in pursuance thereof.

SEC. 238. The General Assembly shall direct by law how persons who now are, or may hereafter become, sureties for public officers, may be relieved of or discharged from suretyship.

SEC. 239. Any person who shall, after the adoption of this Constitution, either directly or indirectly, give, accept or knowingly carry a challenge to any person or persons

(1) Sec. 234. Com. v. Blackwell, 97 Ky., 314.

(2) Sec. 235. Prevents interference by legislature with compensation of Clerk of Court of Appeals elected under old Constitution. (Commonwealth, by, &c., v. Addams, Clerk, 95 Ky., 588.)

to fight in single combat, with a citizen of this State, with a deadly weapon, either in or out of the State, shall be deprived of the right to hold any office of honor or profit in this Commonwealth; and if said acts, or any of them, be committed within this State, the person or persons so committing them shall be further punished in such manner as the General Assembly may prescribe by law.

SEC. 240. The Governor shall have power, after five years from the time of the offense, tc pardon any person who shall have participated in a duel as principal, second or otherwise, and to restore him to all the rights, privileges and immunities to which he was entitled before such participation. Upon presentation of such pardon the oath prescribed in section two hundred and twenty-eight shall be varied to suit the case.

SEC. 241. Whenever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death, from the corporation and persons so causing the same. Until otherwise provided by law, the action to recover such damages shall in all cases be prosecuted by the personal representative of the deceased person. The Gen

Sec. 241. Right to plead contributing negligence not taken away by this section. (Passemaneck's Adm'r v. Louisville Railway Co., MS. Op., Oct. 23, 1895.) (2) This section was self executing. (Thomas' Adm'r v. Royster, MS. Op., Oct. 26, 1895; Lexington, &c., Mining Co. v. Huffman's Adm'r, MS. Op., Oct. 24, 1895.) (3) This section did not repeal Section 6 of Chapter 1 of Gen. Stats., giving right of action to widow or minor child of person, killed by careless, wanton or malicious use of firearms, &c. (McClure, &c., v. Alexander, 15 Ky. Law Rep., 732.) (4) Meaning of words wrongful act determined. (Idem.) (5) This section did not repeal Section 3 of Chapter 57, Gen. Stats., but merely gave an additional right of action, and as to cases arising under that statute, this section does not regulate the distribution of the amount recovered. (Wright, &c., v. Wood's Adm'r, 96 Ky., 56; L. & N. v. Kelly, 100 Ky., 421; E. Tenn. Telephone Co. v. Simms, 100 Ky., 404; Clark v. L. & N. Co., 18 R., 1082; Clark v. Wood, 18 R., 1082; Edmonson v. K. C.. Ry. Co., 16 R., 459; O. & N. R. R. Co. v. Barclay, 19 R., 997; L. & N. v. McElwain, 98 Ky., 700; L. & N. v. Sanders, 19 R., 1942; Pugh v. C. & O. R. R. Co., 19 R., 149; E. Tenn. Telephone Co. v. Sims' Adm'rs, 20 R., 1330.)

eral Assembly may provide how the recovery shall go and to whom belong; and until such provision is made the same shall form part of the personal estate of the deceased per

son.

SEC. 242. Municipal and other corporations, and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured or destroyed by them; which compensation shall be paid before such taking, or paid or secured, at the election of such corporation or individual before such injury or destruction. The General Assembly shall not deprive any person of an appeal from any preliminary assessment of damages against any such corporation or individual made by Commissioners or otherwise; and upon appeal from such preliminary assessment the amount of such damages shall, in all cases, be determined by a jury, according to the course of the common law.

SEC. 243. The General Assembly shall, by law, fix the minimum ages at which children may be employed in places dangerous to life or health, or injurious to morals; and shall provide adequate penalties for violations of such law.

SEC. 244. All wage-earners in this State employed in factories, mines, workshops, or by corporations, shall be paid for their labor in lawful money. The General Assembly shall prescribe adequate penalties for violations of this section.

SFC. 245. Upon the promulgation of this Constitution,

Sec. 242. The courts have no power to compel legislature to comply with this provision, or to afford relief if it does not act. (Willard v. Commonwealth, 96 Ky., 148: City of Henderson v. McLain, 19 R., 1450; M. & B. R. R. Co. v. Cannon, 16 R., 635; M. & B. S. R. v. Ingran', 16 R., 853; City of Newport v. Detweller, 20 R., 894.) Sec. 244. Statute enacted pursuant to this section construed. (Avent Beattyville Coal Co. v. Commonwealth, 96 Ky., 218.)

Sec. 245. Buchanan v. Com., 95 Ky., 334; Long v. Stone. 13 R., 246: Conley v. Com., 98 Ky., 125: Combs. v. Crawford, 19 R., 1510; Fultz v. Crofton, 19 R., 1921; Com. v. Basham, 19 R., 336; C. & 0. R. R. Co. v. Com., 100 Ky.. 373.

the Governor shall appoint three persons, learned in the law, who shall be Commissioners to revise the statute laws of this Commonwealth, and prepare amendments thereto, to the end that the statute laws shall conform to and effectuate this Constitution. Such revision and amendments shall be laid before the next General Assembly for adoption or rejection, in whole or in part. The said Commissioners shall be allowed ten dollars each per day for their services, and also necessary stationery for the time during which they are actually employed; and upon their certificate the Auditor shall draw his warrant upon the Treasurer. They shall have the power to employ clerical assistants, at a compensation not exceeding ten dollars per day in the aggregate. If the Commissioners, or any of them, shall refuse to act, or a vacancy shall occur, the Governor shall appoint another or others in his or their place.

SEC. 246. No public officer, except the Governor, shall receive more than five thousand dollars per annum as compensation for official services, independent of the compensation of legally authorized deputies and assistants, which shall be fixed and provided for by law. The General Assembly shall provide for the enforcement of this section by suitable penalties, one of which shall be forfeiture of office by any person violating its provisions.

SEC. 247. The printing and binding of the laws, journals, department reports, and all other public printing and binding, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum and under such regulations as may be prescribed by law. No member of the General Assembly, or officer of the Commonwealth, shall be in any way interested in any such contract; and all such contracts shall be subject to the approval of the Governor.

Sec. 246. The legislature must fix the salaries of deputics under this section; it can not delegate that power to the courts. (Commonwealth, by, &c., v. Addams, Clerk, 35 Ky., 588; Winston v. Stone, 19 R., 1483; Stone v. Wilson, 19 R., 126.)

SEC. 248. A grand jury shall consist of twelve persons, nine of whom concurring, may find an indictment. In civil and misdemeanor cases, in courts inferior to the Circuit Courts, a jury shall consist of six persons. The General Assembly may provide that in any or all trials of civil actions in the Circuit Courts, three-fourths or more of the jurors concurring may return a verdict, which shall have the same force and effect as if rendered by the entire panel. But where a verdict is rendered by a less number than the whole jury, it shall be signed by all the jurors who agree to it.

SEC. 249. The House of Representatives of the General Assembly shall not elect, appoint, employ or pay for, exceeding one Chief Clerk, one Assistant Clerk, one Enrolling Clerk, one Sergeant-at-arms, one Door-keeper, one Janitor, two Cloak-room Keepers and four Pages; and the Senate shall not elect, appoint, employ or pay for, exceeding one Chief Clerk, one Assistant Clerk, one Enrolling Clerk, one Sergeant-at-arms, one Door-keeper, one Janitor, one Cloak-room Keeper and three Pages; and the General Assembly shall provide, by general law, for fixing the per diem or salary of all of said employes.

SEC. 250. It shall be the duty of the General Assembly to enact such laws as shall be necessary and proper to decide differences by arbitrators, the arbitrators to be appointed by the parties who may choose that summary mode of adjustment.

SEC. 251. No action shall be maintained for possession of any lands lying within this State, where it is necessary for the claimant to rely for his recovery on any grant or pat

Sec. 248. Existing laws as to summoning and impaneling jurors continued in force until additional legislation is had. (L. & N. R. R. Co. v. Murray, 14 Ky. Law Rep., 923.) (2) Provision limiting grand jury to twelve persons does not require legislation to give it effect. (Downs v. Commonwealth, 92 Ky., 605; Wells v. Commonwealth, 15 Ky. Law Rep., 179.)

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