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ARTICLE IV.

how vested.

SECTION 1. The executive power shall be vested in a governor, Executive power, who shall hold office for two years; a lieutenant-governor shall be chosen at the same time and for the same term.

cations of governor.

SEC. 2. No person except a citizen of the United States, shall Requisite qualifibe eligible to the office of governor; nor shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been five years next preceding his election, a resident within this State.

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of electing lieutenant-gover

nor.

SEC. 3. The governor and lieutenant-governor shall be elected Time and manner at the times and places of choosing members of the Assembly., governor and The persons respectively having the highest number of votes for governor and lieutenant-governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-governor, the two houses of the Legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an

Duties and power of governor.

Powers of governor to devolve on lieutenantgovernor.

Special session of
Legislature.

Pardoning power vested in

SEC. 4. The governor shall be commander-in-chief of the military and naval forces of the State. He shall communicate by (See Art. IV., Sec. 6, Proposed Constitution.) message to the Legislature at each annual session the condition of the State, and recommend such measures as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall at stated times receive for his services a compensation to be established by law, to be first fixed by the Legislature at its next session after the adoption of this constitution, which compensation shall neither be increased nor diminished after his election or during his term of office.

SEC. 5. In case of the impeachment of the governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation or absence from the State, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease. But when the governor shall with the consent of the Legislature, be out of the State in time of war, at the head of a military or naval force thereof, he shall continue commander-inchief of the forces of the State.

SEC. 6. The governor may convene the Senate on extraordinary occasions, and may call special sessions of the Legislature by proclamation, in which shall be stated the particular object or objects for which they are called; and no laws shall be enacted at any special session except such as shall relate to the objects stated in the proclamation.

SEC. 7. The governor shall have the power to grant reprieves, the governor. commutations, and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions as he may think proper, subject to such regulations as may be pro

vided by law relative to the manner of applying for pardons. Upon conviction for treason he shall have power to reprieve until the case can be reported to and acted upon by the Legislature, which shall at the same session either grant a reprieve, pardon, or

commutation of the sentence, or direct its execution. He shall

equal and the highest number of votes for governor or lieutenant-governor.

of governor.

SEC. 4. The governor shall be commander-in-chief of the Duties and power military and naval forces of the State. He shall have power to

of Legislature.

convene the Legislature (or the Senate only) on extraordinary Special Session occasions. He shall communicate by message to the Legislature, at every session, the condition of the State, and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services a compensation to be established by law, which shall neither be increased nor diminished after his election or during his continuance in office.

nor to devolve on lieutenant

governor.

SEC. 6. In case of the impeachment of the governor, or his re- Powers of govermoval from office, death, inability to discharge the powers and duties of the said office, resignation or absence from the State, the power and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall cease. But when the governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the State.

(See Art. IV., Sec. 4, Present Constitution.)

SEC. 5. The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulation as may be provided by law relative to the manner of applying for pardons. Upon conviction for treahe shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the Legislature

son,

Pardoning power vested in the governor.

Lieutenantgovernor to be president of senate.

To act as governor in certain

cases.

Compensation of lieutenant-gover

nor.

Not to receive

any fee for perquisite.

Bills to be pre

sented to the

nature.

annually communicate to the Legislature each case of reprieve, commutation, or pardon, stating the name of the convict, the offence of which he was conviced, the sentence and its date, and the date of the commutation, pardon or reprieve.

SEC. 8. The lieutenant-governor shall be president of the senate, but shall have only a casting vote.

If, during a vacancy of the office of governor, the lieutenantgovernor shall be impeached, removed, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the president of the senate shall act as governor, until the vacancy is filled or the disability cease.

SEC. 9. The lieutenant-governor shall receive for his services a compensation to be established by law, to be first fixed by the Legislature at its next session after the adoption of this constitution, which shall neither be increased nor diminished after his election or during his term of office; and he shall not receive or be entitled to any other compensation, fee or perquisite, for any duty or service he may be required to perform by this constitution or by law.

SEC. 10. Every bill before it becomes a law shall be presented governor for sig- to the governor. If he approve, he shall sign it, but if not, he shall return it with his objections to the house in which it originated, which house shall enter the objections at large on its jour

him with objections, how disposed of.

If returned by nal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members elected to such house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall also be reconsidered, and if approved by twothirds of all the members elected to such house, it shall thereupon become a law. But in all such cases the votes in each house shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on its journal. If any bill is not returned by the governor within ten days, Sundays excepted, after it has been presented to him, it shall be a law unless the Legislature by its adjournment prevent its return. No bill shall become a law by the approval of the governor after the signed after ten end of the session at which the same was passed, unless it shall be sent by him to the office of the secretary of state within ten days (excluding Sundays) after the end of the session.

Bills to bo

returned within ten days.

No bills to be

days after adjournment.

each case of reprieve, commutation or pardon granted; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.

of lieutenantgovernor. To be president

To act as governor in certain

SEC. 7. The lieutenant-governor shall possess the same qualifi- Qualifications cations of eligibility for office as the governor. He shall be president of the senate, but shall have only a casting vote therein. of the senate. If during a vacancy of the office of governor, the lieutenantgovernor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or he be absent from the State, the president of the senate shall act as governor until the vacancy be filled, or the disability shall cease. SEC. 8. The lieutenant-governor shall, while acting as such, Compensation of receive a compensation which shall be fixed by law, and which shall not be increased or diminished during his continuance in office.

cases.

lieutenant-gover

nor.

Bills to be pregovernor for sig

sented to the

nature.

him with objections, how disposed of.

SEC. 9. Every bill which shall have passed the Senate and Assembly, shall, before it becomes a law, be presented to the governor; if he approve, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated; who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such consideration, two-thirds If returned by of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of all the members present, it shall become a law, notwithstanding the objections of the governor. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members 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 ten 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 shall, by their adjournment, prevent its return; in of adjournment which case it shall not be a law.

Bills to be returned within ten days.

Bills passed within ten days

may be signed at any time.

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