Top: Regional: North America: United States: Kentucky: Government and Politics: Primary Documents: Third Constitution of Kentucky - 1850: 06 - Article VI


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Article VI.

Concerning Executive and Ministerial Officers for Counties and Districts.

Section 1. A Commonwealth's Attorney for each judicial district, and a Circuit Court Clerk for each county, shall be elected, whose term of office shall be the same as that of the Circuit Judges; also a County Court Clerk, an Attorney, Surveyor, Coroner, and Jailer, for each county, whose term of office shall be the same as that of the Presiding Judge of the County Court.

Section 2. No person shall be eligible to the offices mentioned in this article, who is not at the time twenty-four years old (except Clerks of County and Circuit Courts, Sheriffs, Constables, and County Attorneys, who shall be eligible at the age of twenty-one years), a citizen of the United States, and who has not resided two years next preceding the election in the State, and one year in the county or district for which he is a candidate. No person shall be eligible to the office of Commonwealth's or County Attorney unless he shall have been a licensed practicing attorney for two years. No person shall be eligible to the office of Clerk unless he shall have procured from a Judge of the Court of Appeals, or a Judge of the Circuit Court, a certificate that he has been examined by the clerk of his court, under his supervision, and that he is qualified for the office for which he is a candidate.

Section 3. The Commonwealth's Attorney and Circuit Court Clerk shall be elected at the same time as the Circuit Judge-the Commonwealth's Attorney by the qualified voters of the district, the Circuit Court Clerk by the qualified voters of the county. The County Attorney, Clerk, Surveyor, Coroner, and Jailer shall be elected at the same time, and in the same manner, as the presiding Judge of the County Court.

Section 4. A Sheriff shall be elected in each county by the qualified voters thereof, whose term of office shall, after the first term, be two years, and until his successor be qualified; and he shall be re-eligible for a second term; but no Sheriff shall, after the expiration of the second term, be re-eligible, or act as deputy, for the succeeding term. The first election of Sheriffs shall be on the second Monday in May, 1851; and the Sheriffs then elected shall hold their offices until the first Monday in January, 1853, and until their successors be qualified; and on the first Monday in August, 1852, and on the first Monday of August in every second year thereafter, elections for Sheriff shall be held: Provided, That the Sheriffs first elected shall enter upon the duties of their respective offices on the first Monday in June, 1851, and, after the first election on the first Monday in January next succeeding their election.

Section 5. A Constable shall be elected in every Justice's district, who shall be chosen for two years, at such time and place as may be provided by law, whose jurisdiction shall be co-extensive with the county in which he may reside.

Section 6. Officers for towns and cities shall be elected for such terms, and in such manner, and with such qualifications as may be prescribed by law.

Section 7. Vacancies in offices under this article shall be filled until the next regular election, in such manner as the General Assembly may provide.

Section 8. When a new county shall be erected, officers for the same, to serve until the next stated election, shall be elected or appointed in such way and at such times as the General Assembly may prescribe.

Section 9. Clerks, Sheriffs, Surveyors, Coroners, Constables, and Jailers, and such other officers as the General Assembly may, from time to time, require, shall, before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law.

Section 10. The General Assembly may provide for the election or appointment, for a term not exceeding four years, of such other county or district ministerial and executive officers as shall, from time to time, be necessary and proper.

Section 11. A County Assessor shall be elected in each county at the same time, and for the same term, that the Presiding Judge of the County Court is elected, until otherwise provided for by law. He shall have power to appoint such assistants as may be necessary and proper.



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