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英文法律词典 V-20
文章来源: 文章作者: 发布时间:2008-03-26   字体: [ ]  进入论坛  
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VIRGINIA. The name of one of the original states of the United States of America. This colony was chartered in 1606, by James the First, and this charter was afterwards altered in 1609 and 1612; and in 1624 the charter was declared to be forfeited under proceedings under a writ of quo warranto. After the fall of the charter, Virginia continued to be a royal province until the period of the American Revolution.

2. A constitution, or rather bill of rights, was adopted by a convention of the representatives of the good people of Virginia, on the 12th day of June, 1776. An amended constitution or form of government for Virginia was adopted January 14, 1830, which has been superseded by the present constitution, which was adopted August 1, 1851.

3. The legislative, executive, and judiciary departments , shall be separate and distinct, so that neither exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to either house of assembly. Art 2.

4. - §1. The legislature is composed of two branches, the house of delegates and the senate, which together are called the general assembly of Virginia.

5. - 1. The house of delegates will be considered with reference, 1. To the qualifications of the electors. 2. The qualifications of members. 3. The number of members. 4. Time of their election.

6. - 1st. Every white male citizen of the commonwealth, of the age of twenty-one years, who has been a resident of the state for two years, and of the county, city, or town where he offers to vote for twelve months next preceding an election, and no other person, shall be qualified to vote for members of the general assembly, and all officers elective by the people: but no person in the military, naval, or marine service of the United States shall be deemed a resident of this state, by reason of being staationed therein. And no person shall have the right to vote, who is of unsound mind, or a pauper, or a non-commissioned officer, soldier, seaman, or marine in the service of the United States, or who has been convicted of bribery in an election, or of any infamous offence.

7. - 2. The general assembly at its first session after the; adoption of this constitution, and afterwards as occasion may require, shall cause every city or town, the white population of which exceeds five thousand, to be laid off into convenient wards, and a separate place of voting to be established in each, and thereafter no inhabitant of such city or town shall be allowed to vote except in the ward in which be resides.

8. - 3. No voter, during the time for holding any election at which he is entitled to vote, shall be compelled to perform military service, except in time of war or public danger; to work upon the public roads, or to attend any court as suitor, juror or witness; and no voter shall be subject to arrest under any civil process during his attendance at elections, or in going to and returning from them.

9. - 4. ln all elections votes shall be given openly, or viva voce, and not by ballot. But dumb persons, entitled to suffrage, may vote by ballot. Art. 3.

10. - 2d. Any person may be elected a delegate who shall have attained the age of twenty-one years, and shall be actually a resident within the city, county, town, or election district, qualified by this constitution to vote for members of the general assembly: but no person holding a lucrative office, no minister of the gospel, or priest of any religious denomination, no salaried officer of any banking corporation or company, and no attorney for the commonwealth shall be capable of being elected a member of either house of assembly. The removal of any person elected to neither branch of the general assembly, from the county, city, town, or district for which he was elected, shall vacate his office. Art. 4, s. 5, §7.

11.-3d. The house of delegates is to consist of one hundred and fity-two members. Art. 4, §2.

12. - 4th. The members of the general assembly are to be chosen biennially. Art. 4, §2.

13.- 2. The senate will be considered in the same order that the house of delegates has been. 1. The qualifications of electors are the same as for electors of delegates. 2. Any person may be elected a senator who has attained the age of twenty-five years, and shall be actually a resident within the district, and qualified to vote for members of the general assembly. The other qualifications are the, same as those for delegates. Art. 4, s. 5, §7. 3. The number of senators is fifty. Art. 4, §3.

4. Senators are to be elected for the term of four years. Upon the assembling of the senators so elected, they shall be divided into two equal classes to be numbered by lot. The term of service of the senators of the first class shall expire with that of the delegates first elected under this constitution; and of the senators of the second class, at the expiration of two years thereafter; and this alternation shall, be continued, so that one-half of the senators may be chosen every second year. Art. 4, §3.

14. - 1. The chief executive ower of this commonwealth shall be vested in a governor. He shall hold the office for the term of four years, to commence on the ____ day of _______ next succeeding his election, and be ineligible to the same office for the term next succeeding that for which he was elected, and to any other office during his term of service.

15. - 2. The governor shall be elected by the voters at the times and places of choosing members of the general assembly. Returns of the election shall be transmitted under seal by the proper officers to the secretary of the commonwealth, who shall deliver them to the speaker of the house of delegates, on the first day of the next session of the general assembly. The speaker of the house of delegates shall within one week thereafter, in the presence of a majority of the senate and house of delegates, open the said retuns, and the votes shall then be counted. The person having the highest number of votes shall be declared elected; but if two or more shall have the highest and an equal number, of votes, one of them shall be chosen governor by the joint vote of the two houses of the general assembly. Contested elections for governor shall be decided by a like vote, and the mode of proceeding in such cases shall be prescribed by law.

16. - 3. No person shall be eligible to the office of governor unless he has attained the age of thirty years, is a native citizen of the United States, and has been a citizen of Virginia, for five years next preceding his election.

17. - 4. The governor shall reside at the seat of government; shall receive five thousand dollars for each year of his service, and, while in office, shall receive no other emolument from this or any other government.

18. - 5. He shall take care that the laws be faithfully executed; communicate to the general assembly at every session the condition of the commonwealth; recommend to their consideration such measures as he may deem expedient; and convene the general assembly on application of a majority of the members of both houses thereof, or when in his opinion the interest of the commonwealth may require it. He shall be commander-in-chief of the land and naval forces of the state; have power to embody the militia to repel invasion, suppress insurrection and enforce the execution of the laws; conduct, either in person or in such other manner as shall be prescribed by law, all intercourse with other and foreign states; and, during the recess of the general assembly, fill pro tempore all vacancies in those offices for which the constitution and laws make no provision but his appointments to such vacancies shall be by commissions to expire at the end of thirty days after the commencement of the next session of the general assembly. He shall have power to remit fines and pen-alties in such cases and under such rules and regulations as may be prescribed by law; and, except when the prosecution has been carried on by the house of delegates or the law shall otherwise particularly direct, to grant reprieves and pardons after conviction, and to commute capital punishment. But be shall communicate to the general assembly at each session, the particulars of every case of fine or penalty remitted, of reprieve or pardon granted and of punishment commuted, with his reasons for remitting, granting or commuting the same.
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