Page:The Constitution of West Virginia ratified in 1872.pdf/7

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[Art.3, Sec10]
WV Constitution
57


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.

Safeguards for Life, Liberty and Property

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

Political Tests Condemned

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 offenses, 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.

Military Subordinate to Civil Power

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

Right of Jury Trial

13. In suits at common law, where the value in controversy