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CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA

PART 3 OF 3

Article X

PRIVATE CORPORATIONS

Certain Unused Charters Void

Section 1.

The charters and privileges granted prior to 1874 to private corporations which had not been organized in good faith and commenced business prior to 1874 shall be void.

Certain Charters to Be Subject to the Constitution

Section 2.

Private corporations which have accepted or accept the Constitution of this Commonwealth or the benefits of any law passed by the General Assembly after 1873 governing the affairs of corporations shall hold their charters subject to the provisions of the Constitution of this Commonwealth.

Revocation, Amendment and Repeal of Charters and Corporation Laws

Section 3.

All charters of private corporations and all present and future common or statutory law with respect to the formation or regulation of private corporations or prescribing powers, rights, duties or liabilities of private corporations or their officers, directors or shareholders may be revoked, amended or repealed.

Compensation for Property Taken by Corporations Under Right of Eminent Domain

Section 4.

Municipal and other corporations invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements and compensation shall be paid or secured before the taking, injury or destruction.

Article XI

AMENDMENTS

Section 1.

Amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by a majority of the members elected to each House, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and the Secretary of the Commonwealth shall causes the same to be published three months before the next general election, in at least two newspapers in every county in which such newspapers shall be published; and if, in the General Assembly next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each House, the Secretary of the Commonwealth shall cause the same again to be published in the manner aforesaid; and such proposed amendment or amendments shall be submitted to the qualified electors of the State in such manner, and at such time at least three months after being so agreed to by the two Houses, as the General Assembly shall prescribe; and, if such amendment or amendments shall be approved by a majority of those voting thereon, such amendment or amendments shall become a part of the Constitution; but no amendment or amendments shall be submitted oftener than once in five years. When two or more amendments shall be submitted they shall be voted upon separately.

(a) In the event a major emergency threatens or is about to threaten the Commonwealth and if the safety or welfare of the Commonwealth required prompt amendment of this Constitution, such amendments to this Constitution may be proposed in the Senate or House of Representatives at any regular or special session of the General Assembly, and if agreed to by at least two-thirds of the members elected to each House, a proposed amendment shall be entered on the journal of each House with the yeas and nays taken thereon and the official in charge of statewide elections shall promptly publish such proposed amendment in at least two newspapers in every county in which such newspapers are published. Such amendment shall then be submitted to the qualified electors of the Commonwealth in such manner, and at such time, at least one month after being agreed to by both Houses as the General assembly prescribes.

(b) If an emergency amendment is approved by a majority of the qualified electors voting thereon, it shall become part of this constitution. When two or more emergency amendments are submitted they shall be voted on separately.

SCHEDULES TO CONSTITUTION OF PENNSYLVANIA

Schedule

1. Adopted with the Constitution

2. Amendments of November 2, 1909

SCHEDULE NO. 1

(ADOPTED WITH THE CONSTITUTION)

That no inconvenience may arise from the changes in the Constitution of the Commonwealth, and in order to carry the same into complete operation, it is hereby declared, that:

When to Take Effect

Section 1.

This Constitution shall take effect on the first day of January, in the year one thousand eight hundred and seventy- four, for all purposes not otherwise provided for therein. Former Laws Remain in Force

Section 2.

All laws in force in this Commonwealth at the time of the adoption of this Constitution not inconsistent therewith, and all rights, actions, prosecutions and contracts shall continue as if this Constitution had not been adopted.

Election of Senators

Section 3.

At the General election in the years one thousand eight hundred and seventy-four and one thousand eight hundred and seventy-five, Senators shall be elected in all districts where there shall be vacancies. Those elected in the year one thousand eight hundred and seventy-four shall serve for two years, and those elected in the year one thousand eight hundred and seventy-five shall serve for one year. Senators now elected and those whose terms are unexpired shall represent the districts in which they reside until the end of the terms for which they were elected.

Election of Senators (continued)

Section 4.

At the general election in the year one thousand eight hundred and seventy-six, Senators shall be elected from even- numbered districts to serve for two years, and from odd-numbered districts to serve for four years.

Election of Governor

Section 5.

The first election of Governor under this Constitution shall be at the general election in the year one thousand eight hundred and seventy-five, when a Governor shall be elected for three years; and the term of the Governor elected in the year one thousand eight hundred and seventy-eight and of those thereafter elected shall be for four years, according to the provisions of this constitution.


Election of Lieutenant Governor

Section 6.

At the general election in the year one thousand eight hundred and seventy-four, a Lieutenant Governor shall be elected according to the provisions of this Constitution.

Secretary of Internal Affairs

Section 7.

The Secretary of Internal Affairs shall be elected at the first general election after the adoption of this Constitution; and, when the said officer shall be duly elected and qualified, the office of Surveyor General shall be abolished. The Surveyor General in office at the time of the adoption of this Constitution shall continue in office until the expiration of the term for which he was elected.

Superintendent of Public Instruction

Section 8.

When the Superintendent of Public Instruction shall be duly qualified the office of Superintendent of Common Schools shall cease.

Eligibility of Present Officers

Section 9.

Nothing contained in this Constitution shall be construed to render any person now holding any State office for a first official term ineligible for re-election at the end of such term.

Judges of Supreme Court

Section 10.

The judges of the Supreme Court in office when this Constitution shall take effect shall continue until their commissions severally expire. Two judges in addition to the number now composing the said court shall be elected at the first general election after the adoption of this Constitution.

Courts of Record

Section 11.

All courts of record and all existing courts which are not specified in this Constitution shall continue in existence until the first day of December, in the year one thousand eight hundred and seventy-five, without abridgement of their present jurisdiction, but no longer. The court of the first criminal jurisdiction for the counties of Schuylkill, Lebanon and Dauphin is hereby abolished, and all causes and proceedings pending therein in the county of Schuylkill shall be tried and disposed of in the courts of oyer and terminer and quarter sessions of the peace of said county.

Register's Courts Abolished

Section 12.

The register's courts now in existence shall be abolished on the first day of January next succeeding the adoption of this Constitution.

Judicial Districts

Section 13.

The General Assembly shall, at the next session after the adoption of this Constitution, designate the several judicial districts as required by this Constitution. The judges in commission when such designation shall be made shall continue during their unexpired terms judges of the new districts in which they reside; but, when there shall be two judges residing in the same district, the president judge shall elect to which district he shall be assigned, and the additional law judge shall be assigned to the other district.

Decennial Adjustment of Judicial Districts

Section 14.

The General Assembly shall, at the next succeeding session after each decennial census and not oftener, designate the several judicial districts as required by this Constitution.

Judges in Commission

Section 15.

Judges learned in the law of any court of record holding commissions in force at the adoption of this Constitution shall hold their respective offices until the expiration of the terms for which they were commissioned, and until their successors shall be duly qualified. The Governor shall commission the president judge of the court of first criminal jurisdiction for the counties of Schuylkill, Lebanon and Dauphin as a judge of the court of common pleas of Schuylkill county, for the unexpired term of his office.

President Judges; Casting Lots; Associate Judges

Section 16.

After the expiration of the term of any president judge of any court of common pleas, in commission at the adoption of this Constitution, the judge of such court learned in the law and oldest in commission shall be the president judge thereof; and when two or more judges are elected at the same time in any judicial district they shall decide by lot which shall be president judge; but when the president judge of a court shall be re-elected he shall continue to be president judge of that court. Associate judges not learned in the law, elected after the adoption of this Constitution, shall be commissioned to hold their offices for the term of five years from the first day of January next after their election.

Compensation of Judges

Section 17.

The General Assembly, at the first session after the adoption of this Constitution, shall fix and determine the compensation of the judges of the Supreme Court and of the judges of the several judicial districts of the Commonwealth; and the provisions of the fifteenth section of the article on Legislation shall not be deemed inconsistent herewith. Nothing contained in this Constitution shall be held to reduce the compensation now paid to any law judge of this Commonwealth now in commission.

Courts of Philadelphia and Allegheny Counties; Organization in Philadelphia

Section 18.

The courts of common pleas in the counties of Philadelphia and Allegheny shall be composed of the present judges of the district court and court of common pleas of said counties until their offices shall severally end, and of such other judges as may from time to time be selected. For the purpose of first organization in Philadelphia the judges of the court number one shall be Judges Allison, Pierce and Paxson; of the court number two, Judges Hare, Mitchell and one other judge to be elected; of the court number three, Judges Ludlow, Finletter and Lynd; and of the court number four, Judges Thayer, Briggs and one other judge to be elected. The judge first named shall be the president judge of said courts respectively, and thereafter the president judge shall be the judge oldest in commission; but any president judge, re-elected in the same court or district, shall continue to be president judge thereof. The additional judges for courts numbers two and four shall be voted for and elected at the first general election after the adoption of this Constitution, in the same manner as the two additional judges of the Supreme Court, and they shall decide by lot to which court they shall belong. Their term of office shall commence on the first Monday of January, in the year one thousand eight hundred and seventy-five.

Organization of Courts in Allegheny County

Section 19.

In the county of allegheny, for the purpose of first organization under this Constitution, the judge of the court of common pleas, at the time of the adoption of this Constitution, shall be the judges of the court number one, and the judges of the district court, at the same date, shall be the judges of the common pleas number two. The president judges of the common pleas and district court shall be president judge of said courts number one and two, respectively, until their offices shall end; and thereafter the judge oldest in commission shall be president judge; but any president judge re-elected in the same court, or district, shall continue to be president judge thereof.

When Re-Organization of Courts to Take Effect

Section 20.

The organization of the courts of common pleas under this Constitution for the counties of Philadelphia and Allegheny shall take effect on the first Monday of January, one thousand eight hundred and seventy-five, and existing courts in said counties shall continue with their present power and jurisdiction until that date, but no new suits shall be instituted in the courts of nisi prius after the adoption of this Constitution.

Causes Pending in Philadelphia; Transfer of Records

Section 21.

The causes and proceeding pending in the court of nisi prius, court of common pleas, and district court in Philadelphia shall be tried and disposed of in the court of common pleas. The records and dockets of said courts shall be transferred to the prothonotary's office of said county.

Causes Pending in Allegheny County

Section 22.

The causes and proceedings pending in the court of common pleas in the county of Allegheny shall be tried and disposed of in the court number one; and the causes and proceedings pending in the district court shall be tried and disposed of in the court number two.

Prothonotary of Philadelphia County

Section 23.

The prothonotary of the court of common pleas of Philadelphia shall be first appointed by the judges of said court on the first Monday of December, in the year one thousand eight hundred and seventy-five, and the present prothonotary of the district court in said county shall be the prothonotary of the said court of common pleas until said date when his commission shall expire, and the present clerk of the court of oyer and terminer and quarter sessions of the peace in Philadelphia shall be the clerk of such court until the expiration of his present commission on the first Monday of December, in the year one thousand eight hundred and seventy-five.

Aldermen

Section 24.

In cities containing over fifty thousand inhabitants, except Philadelphia, all aldermen in office at the time of adoption of this Constitution shall continue in office until the expiration of their commissions, and at the election for city and ward officers in the year one thousand eight hundred and seventy-five one alderman shall be elected in each ward as provided in this Constitution.


Magistrates in Philadelphia

Section 25.

In Philadelphia magistrates in lieu of alderman shall be chosen, as required in this Constitution, at the election in said city for city ward officers in the year one thousand eight hundred and seventy-five; their term of office shall commence on the first Monday of April succeeding their election. The terms of office of aldermen in said city holding or entitled to commissions at the time of the adoption of this Constitution shall not be affected thereby.

Term of Present Officers

Section 26.

All persons in office in this Commonwealth at the time of the adoption of this Constitution, and at the first election under it, shall hold their respective offices until the term for which they have been elected or appointed shall expire, and until their successors shall be duly qualified, unless otherwise provided in this Constitution.

Oath of Office

Section 27.

The seventh article of this Constitution prescribing an oath of office shall take effect on and after the first day of January, one thousand eight hundred and seventy-five.

County Commissioners and Auditors

Section 28.

The terms of office of county commissioners and county auditors, chosen prior to the year one thousand eight hundred and seventy-five, which shall not have expired before the first Monday of January in the year one thousand eight hundred and seventy-six, shall expire on that day.

Compensation of Present Officers

Section 29.

All State, county, city, ward, borough and township officers in office at the time of the adoption of this Constitution, whose compensation is not provided for by salaries alone, shall continue to receive the compensation allowed them by law until the expiration of their respective terms of office.

Renewal of Oath of Office

Section 30.

All State and judicial officers heretofore elected, sworn, affirmed, or in office when this Constitution shall take effect, shall severally, within one month after such adoption, take and subscribe an oath, or affirmation to support this Constitution.

Enforcing Legislation

Section 31.

The General Assembly at its first session, or as soon as may be after the adoption of this Constitution, shall pass such laws as may be necessary to carry the same into full force and effect.

An Ordinance Declared Valid

Section 32.

City Commissioners of Philadelphia

Section 33.

The words "county commissioners," wherever used in this Constitution and in any ordinance accompanying the same, shall be held to include the commissioners for the city of Philadelphia.

SCHEDULE NO. 2

(AMENDMENTS OF NOVEMBER 2, 1909)

Adoption. The provisions of Schedule No. 2 were adopted November 2, 1909, P.L. 948, J.R.1. Partial Repeal of Schedule. See section 2 of Proposal No. 7 of 1968 in the appendix to the Constitution for provisions relating to the partial repeal of Schedule No. 2.

Adjustments of Terms of Public Officers

Section 1. That no inconvenience may arise from the changes in the Constitution of the Commonwealth, and in order to carry the same into complete operation, it is hereby declared that - In the came of officers elected by the people, all terms of office fixed by act of Assembly at an odd number of years shall each be lengthened one year, but the Legislature may change the length of the term, provided the terms for which such officers are elected shall always be for an even number of years.

The above extension of official terms shall not affect officers elected at the general election of one thousand nine hundred and eight; nor any city, ward, borough, township, or election division officers, whose terms of office, under existing law, end in the year one thousand nine hundred and ten.

In the year one thousand nine hundred and ten the municipal election shall be held on the third Tuesday of February as heretofore; but all officers chosen at that election to an office the regular term of which is two years, and also all election officers and assessors chosen at that election, shall serve until the first Monday of December in the year one thousand nine hundred and eleven. All officers chosen at that election to offices the term of which is now four years, or is make four years by the operation of these amendments or this schedule, shall serve until the first Monday of December in the year one thousand nine hundred and thirteen. All justices of the peace, magistrates, and aldermen, chosen at that election, shall serve until the first Monday of December in the year one thousand nine hundred and fifteen. After the year nineteen hundred and ten, and until the Legislature shall otherwise provide, all terms of city, ward, borough, township, and election division officers shall begin on the first Monday of December in an odd-numbered year.

All city, ward, borough, and township officers holding office at the date of the approval of these amendments, whose terms of office may end in the year one thousand nine hundred and eleven, shall continue to hold their offices until the first Monday of December of that year.

All judges of the courts for the several judicial districts, and also all county officers, holding office at the date of the approval of these amendments, whose terms of office may end in the year one thousand nine hundred and eleven, shall continue to hold their offices until the first Monday of January, one thousand and hundred and twelve.


APPENDIX

Supplementary Provisions of Constitutional Amendments

1967, May 16, P.L. 1044, J.R.4

Schedule.

Terms of State Treasurer and Auditor General

That no inconvenience may arise from changes in Article IV of the Constitution of this Commonwealth, it is hereby declared that the State Treasurer and Auditor General first elected after this amended article becomes effective shall serve terms beginning the first Tuesday in May next following their election and expiring four years from the third Tuesday in January next ensuing their election. Explanatory Note. Joint Resolution No. 4 added section 18 and made other changes in Article IV.

1968, April 23, P.L. APP.3, PROP. NO.1

Schedule. Effective Date of Amendment

The foregoing amendment to Article II of the Constitution of Pennsylvania if approved by the electorate voting on April 23, 1968, shall become effective the year following that in which the next Federal decennial census is officially reported as required by Federal Law.

Explanatory Note. Proposal No. 1 amended and consolidated sections 16 and 17 into section 16 of Article II.

1968, APRIL 23, P.L.APP.3, PROP. NO.2

Schedule.

Effective Date of Amendment

The foregoing amendment to Article II of the Constitution of Pennsylvania if approved by the electorate voting on April 23, 1968, shall become effective the year following that in which the next Federal decennial census is officially reported as required by Federal law.

Explanatory Note. Proposal No. 2 amended and renumbered section 18 to section 17 of Article II.

1968, APRIL 23, P.L.APP.5, PROP. NO.3

Repeals

Section 4.

Effective when the last bonds have been issued under their authority, sections 24 and 25 of Article VII of the Constitution of Pennsylvania are hereby repealed.

References in Text. Sections 24 and 25 were renumbered section 15 and 16, respectively, of Article VII by Proposed No. 5 of 1968.

1968, APRIL 23, P.L.APP.7, PROP. NO.4

Effective Date of Amendments

Section 3.

The following schedule is adopted: Sections 10, 12, 13 and 14 of Article VII shall take effect as soon as possible, but no later than July 1, 1970.

1968, APRIL 23, P.L.APP.9, PROP. NO.5

Effective Date of Amendments

Section 4.

Sections 1 and 2 shall take effect as soon as possible, but no later than July 1, 1970. Section 4 shall take effect July 1, 1970, unless the General Assembly earlier provides enabling legislation in accordance therewith.

References in Text. Proposal No. 5 amended section 1, added sections 2 and 4 and renumbered or amended other sections of Article VIII.

1968, APRIL 23, P.L.APP.11, PROP. NO.6

Effective Date and Interpretation of Amendments

Section 3.

This new article and the repeal of existing sections shall take effect on the date of approval by the electorate, except that the following sections shall take effect on the effective date of legislation adopted pursuant to the sections or the date indicated below, whichever shall first occur.

The first, third and fourth paragraphs of section 8 shall take effect two years after the effective date. The second sentence of section 1, the fourth sentence of section 2, all of section 3, the third paragraph of section 4, and the first paragraph of section 10 shall take effect four years after the effective date. The second sentence of section 1 and the first paragraph of section 8 on Uniform Legislation shall be construed so as to be consistent with the jurisdiction of this Convention.

Explanatory Note. Proposal No. 6 added present Article IX and repealed sections in Articles VII, XII, XIV, and XV.

1968, APRIL 23, P.L.APP.16, PROP. NO. 7

Repeals

Section 2.

Article V of the Constitution of Pennsylvania is repealed in its entirety, and those provisions of Schedules No. 1 and No. 2 are repealed to the extent they are inconsistent with this article and attached schedule.

Explanatory Note. Proposal No. 7 added present Article V.

1972, NOVEMBER 7, 1ST SP.SESS, P.L. 1970, J.R.1

Preamble

Section 1.

Millions of Pennsylvanians have suffered greatly from the ravages of the most disastrous flood in the history of the Commonwealth. This flood has left devastation in its wake. Thousands of people have been left homeless and countless industrial and commercial establishments and public facilities have been damaged or destroyed.

It is imperative that the victims of this disaster immediately receive the fullest possible aid from both the public and private sectors in order to clean up and rebuild the affected areas of the commonwealth.

In addition, many Pennsylvanians suffer greatly as a result of the Great Storm or Flood of September, 1971.

The General Assembly desired to alleviate such storm or economic deprivation caused by the flood, but is limited in its efforts by rigid restrictions in the Constitution of the Commonwealth of Pennsylvania. The safety and welfare of the Commonwealth requires prompt amendment to the Constitution of the Commonwealth of Pennsylvania.

The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the emergency provisions contained in subsections (a) and (b) of section 1 of the eleventh article thereof:

That Article VIII of the Constitution of the Commonwealth of Pennsylvania be amended by adding a new section to read:

Explanatory Note: Joint Resolution No. 1 added section 17 of Article VIII.

1975, NOVEMBER 4, P.L. 622, J.R.2

Preamble

Section 1.

Many Pennsylvanians have suffered greatly from the ravages of great storms or floods in the last few years. The great storms or floods of 1974 and 1975 are additional major disasters causing loss of life and great damage and destruction to property of individuals, industrial and commercial establishments and public facilities. It is imperative that the victims of these disasters immediately receive the fullest possible aid from both the public and private sectors in order to clean up and rebuild the affected areas of the Commonwealth and that persons in the Commonwealth be eligible for the maximum available aid from the government of the United States. The General Assembly desires to alleviate such storm or economic deprivation caused by the floods but is limited in its efforts by rigid restrictions in the Constitution of the Commonwealth of Pennsylvania. The safety and welfare of the Commonwealth requires prompt amendment to the Constitution of the Commonwealth of Pennsylvania.

The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the emergency provisions contained in subsections (a) and (b) of section 1 of the eleventh article thereof:

That section 17 of Article VIII of the Constitution of the Commonwealth of Pennsylvania to be amended to read:

1977, NOVEMBER 8, P.L.362, J.R.2

Preamble

Many Pennsylvanians have suffered greatly from the ravages of Great Storms and Floods in recent years. The Great Storms or Floods of 1974, 1975, 1976, and 1977 were additional major disasters causing loss of life and great damage and destruction to property of individuals, industrial and commercial establishments and public facilities.

It is imperative that the victims of these disasters receive the fullest possible aid from both the Federal Government and the Commonwealth in order to accomplish a speedy recovery.

The Congress of the United States, through enactment of the Disaster Relief Act of 1974, Public Law 93-288, has authorized the making of certain disaster relief grants. The General Assembly wishes to make such Federal disaster relief grants, or other grants made available from Federal programs hereafter enacted, available to eligible individuals and families in order to alleviate the deprivation caused by storms or floods which have occurred in the past and seeks to address those emergencies of future years. However, the General Assembly is limited by rigid restrictions in the Constitution of the Commonwealth of Pennsylvania. The safety and welfare of the Commonwealth requires the prompt amendment to the Constitution to aid those already inflicted by the Great Storms of 1976 or 1977 and any future emergency that may strike Commonwealth citizens.

Therefore, the following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the emergency provisions of Article XI thereof:

That section 17 of Article VIII be amended to read:

1978, MAY 16, 1977 P.L. 365, J.R.4

Vacancy in Existing Office of Attorney General Upon approval of this amendment by the electors, there shall be a vacancy in the office of Attorney General which shall be filled a provided herein.

Explanatory Note. Joint Resolution No. 4 added section 4.1 and amended sections 5, 6, 8 and 17 of Article 14.

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