5. The state constitution framed and adopted by Virgin ia in 1776 gave way to a second that was framed in convention, adopted by the people, and went into operation in 1830. This second. constitution has been superseded by a third, which was framed in convention of 1851, and, being adopted by the people, took effect in 1852. Under this constitu tion every white male citizen of the oommonwealth, of t'he age af 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 stationed 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.
Places of voting are to he established, and no person is to be allowed to vote exeept in the towp or oity end ward in which he resides. Such voters. are exempt from militiry duty, except in time of war or public danger, from working upon the public roads, from attendance upon court in any capacity, and from arrest under eivil process, during the time of holding any election at which he is entitled to vote, and in going to and returning from them. Votes are to be given openly, or viva roce ; except that dumb persons vote by ballot. Const. art. 3.
The legislative, executive; and judicial depart ments are to be separate and distinct, and ne per son may exercise the funotions of any two of them, except that justices of the peace are eligible aa members of either house of assembly.
6. The Legislature is composed of two branches, the house of delegates and the senate, which to gether are oalled the general assembly of Vir ginia.
The members of both houses are apportioned among the towns nomination. The sessions of tho assembly are to continue ninety days, but may be prolonged thirty days by the concurrence of three fifths of the members of' both branches. They ale to meet every two years only, except when called together by the governor. The two houses elect, by a joint vote, a secretary the commonwealth, treasurer, and auditor of the public accounts. All other officers are to be elected by the people. All officers, whether elected or appointed, are to dis charge their duties after the expiration of their terms of service, till their successors are quali fied. The house of delegates consists of one hundred and fifty-two members, chosen biennially.
Any person may be elected a delegate who has attained the age of twenty-one years and shall be actually a resident within the city, county, town, or election district, qualified by the constitution to vote for members of the general asaembly; 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 com pany, and no attorney for the commonwealth, can be elected a member of either house of assembly. The removal of any person elected to either branch of the general assembly from the county, city, town, or district for which he was elected, shall vacate his offiee. Art. 4, 8. 5, 7.
The senate consists of fifty members, elected for the term of four years; upon the assembling of the senators so elected they were divided into two equal classes numbered by lot. The term of service of the senators of' the first class expired with that of the delegates sleeted under the constitution ; and of the senators of the second class, at the expiration of two years thereafter; and this alter nation continues, so that tine-half of the senators are chosen every second year. Art. 4, 3.
Any person may be elected a senator who has attained the age of twenty-five years and shall be aotually a resident within the distriot and qualified to vote for members of the general assembly. The other qualifications are the same as these for dele gates. Art. 4, 5, 7.
7. The Cltief Executive Power of the common wealth is vested in a governor. He holds his office for the term of four years, to commence on the — day of — next succeeding his election, and is ineligible to the same office for the term next succeeding for which he was elected, and to any other office during his term of service. He is elected by the voters at the times and places of choosing members of the general assembly. Re tuma of the election are to be transmitted under seal by the proper officer to the secretary of the commonwealth, who is to Aeliver 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 must within one week thereafter, in the presence of a majority of the senate and house of delegates, open the said returns; and the votee are then oounted. The per son having the highest number of votes is to be declared elected ; but if two or more shall have the highest and an equal number of votes, ono of them is to be chosen governor by the joint vote of the two houses of the general assembly. Contested elections for governor are decided by a like vote; ond the mode of proceeding in such cases is pre scribed by law.