                              CONSTITUTION
                                 OF THE
                         STATE OF WEST VIRGINIA

                               ARTICLE III

                             BILL OF RIGHTS

   Section 1.    All men are,  by nature,  equally free and independent,  and 
have  certain  inherent rights,  or which,  when they enter into a  state  of 
society,  they  cannot,  by any compact,  deprive or divest their  posterity, 
namely:  The  enjoyment of life and liberty,  with the means of acquiring and 
possessing property, and of pursuing and obtaining happiness and safety.

   Section 2.    All power is vested in,  and consequently derived from,  the 
people.  Magistrates  are  their  trustees and servants,  and  at  all  times 
amenable to them.

   Section 3.    Government is instituted for the common benefit,  protection 
and  security of the people,  nation or community.  Of all its various  forms 
that  is  the  best,  which is capable of producing the  greatest  degree  of 
happiness  and safety,  and is most effectually secured against the danger of 
maladministration;  and  when  any  government shall be found  inadequate  or 
contrary  to these purposes,  a majority of the community has an indubitable, 
inalienable,  and  indefeasible right to reform,  alter or abolish it in such 
manner as shall be judged most conducive to the public weal.

   Section  4.    The  privilege  of the writ of habeas corpus shall  not  be 
suspended.  No  person shall be held to answer for treason,  felony or  other 
crime, not cognizable by a justice,  unless on presentment or indictment of a 
grand  jury.  No bill of attainder,  ex post facto law,  or law impairing the 
obligation of a contract, shall be passed.

   Section  5.   Excessive  bail shall not be required,  nor excessive  fines 
imposed,  nor  cruel  and unusual punishment inflicted.  Penalties  shall  be 
proportioned  to the character and degree of the offence.  No person shall be 
transported  out of,  or forced to leave the State for any offence  committed 
within the same; nor shall any person, in any criminal case,  be compelled to 
be a witness against himself,  or be twice put in jeopardy of life or liberty 
for the same offence.

   Section  6.    The  rights of the citizens to be secure in  their  houses, 
persons,  papers  and  effects,  against unreasonable searches and  seizures, 
shall  not be violated.  No warrants shall issue except upon probable  cause, 
supported  by  oath or affirmation,  particularly describing the place to  be 
searched, or the person or thing to be seized.

   Section  7.    No  law abridging the freedom of speech,  or of the  press, 
shall be passed; but the legislature may by suitable penalties,  restrain the 
publication or sale of obscene books,  papers,  or pictures,  and provide for 
the punishment of libel,  and defamation of character,  and for the recovery, 
in civil actions, by the aggrieved party, of suitable damages for such libel, 
or defamation.

   Section 8.    In prosecutions and civil suits for libel,  the truth may be 
given  in  evidence;  and  if it shall appear to the jury,  that  the  matter 
charged  as libelous is true,  and was published with good motives,  and  for 
justifiable ends, the verdict shall be for the defendant.

   Section  9.    Private  property shall not be taken or damaged for  public 
use,  without just compensation;  nor shall the same be taken by any company, 
incorporated   for   the  purposes  of  internal  improvement,   until   just 
compensation shall have been paid, or secured to be paid,  to the owner;  and 
when private property shall be taken, or damaged, for public use,  or for the 
use  of such corporation,  the compensation to the owner shall be ascertained 
in  such manner,  as may be prescribed by general law;  provided,  that  when 
required by either of the parties,  such compensation shall be ascertained by 
an impartial jury of twelve freeholders.

   Section 10.   No person shall be deprived of life,  liberty,  or property, 
without due process of law, and the judgement of his peers.

   Section 11.  Political tests, requiring persons,  as a prerequisite to the 
enjoyment  of their civil and political rights,  to purge themselves by their 
own oaths, of past alleged offences,  are repugnant to the principles of free 
government, and are cruel and oppressive. No religious or Political test oath 
shall  be  required as a prerequisite or qualification to vote,  serve  as  a 
juror, sue, plead, appeal, or pursue any profession or employment.  Nor shall 
any person be deprived by law, of any right, or privilege, because of any act 
done prior to the passage of such law.

   Section  12.   Standing  armies,  in time of peace,  should be avoided  as 
dangerous  to liberty.  The military shall be subordinate to the civil power; 
and no citizen, unless engaged in the military service of the State, shall be 
tried  or punished by any military court,  for any offence that is cognizable 
by  the civil courts of the State.  No soldier shall,  in time of  peace,  be 
quartered in any house, without the consent of the owner; nor in time of war, 
except in the manner to be prescribed by law.

   Section  13.   In  suits  at common law,  where the value  in  controversy 
exceeds twenty dollars exclusive of interest and costs, the right of trial by 
jury,  if  required  by either party,  shall be preserved;  and in such  suit 
before  a  judge a jury may consist of six persons.  No fact tried by a  jury 
shall be otherwise re-examined in any case than according to the rules of the 
common law.

   Section 14.  Trials of crimes,  and misdemeanors,  unless herein otherwise 
provided,  shall  be by a jury of twelve men,  public,  without  unreasonable 
delay, and in the county where the alleged offence was committed, unless upon 
petition  of  the accused,  and for good cause shown,  it is removed to  some 
other  county.  In  all such trials,  the accused shall be fully and  plainly 
informed of the character and cause of the accusation, and be confronted with 
the  witnesses against him,  and shall have the assistance of counsel,  and a 
reasonable time to prepare for his defence; and there shall be awarded to him 
compulsory process for obtaining witnesses in his favor.

   Section  15.   No  man  shall  be compelled to  frequent  or  support  any 
religious  worship,  place  or  ministry whatsoever;  nor shall  any  man  be 
enforced,  restrained,  molested  or  burthened,  in his body  or  goods,  or 
otherwise suffer, on account of his religious opinions or belief, but all men 
shall  be  free to profess,  and by argument,  to maintain their opinions  in 
matters  of religion;  and the same shall,  in no wise,  affect,  diminish or 
enlarge  their civil capacities;  and the Legislature shall not prescribe any 
religious  test whatever,  or confer any peculiar privileges or advantages on 
any  sect  or  denomination,  or pass any law requiring  or  authorizing  any 
religious society,  or the people of any district within this State,  to levy 
on themselves, or others, any tax for the erection or repair of any house for 
public worship, or for the support of any church or ministry, but it shall be 
left  free for every person to select his religious instructor,  and to  make 
for his support, such private contract as he shall please.

   Section 16.  The right of the people to assemble in a peaceable manner, to 
consult for the common good,  to instruct their representatives,  or to apply 
for redress of grievances, shall be held inviolate.

   Section 17.  The courts of this State shall be open, and every person, for 
an  injury done to him,  in his person,  property or reputation,  shall  have 
remedy by due course of law;  and justice shall be *administered without sale 
denial or delay.

   Section 18.  No conviction shall work corruption of blood or forfeiture of 
estate.

   Section 19.  No hereditary emoluments,  honors or privileges shall ever be 
granted or conferred in this State.

   Section 20.  Free government and the blessings of liberty can be preserved 
to  any people only by a firm adherence to justice,  moderation,  temperance, 
frugality and virtue, and by a frequent recurrence to fundamental principles.

   Section 21.  Regardless of sex, all persons,  who are otherwise qualified, 
shall be eligible to serve as petit jurors, in both civil and criminal cases, 
as grand jurors and as coroner's jurors.

   Note: This document may be incomplete 
