Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-01-28

sperson, or In such manner as shall be prescrl-
bed by law, al intercourse with other and
tsoreign States, and during the recess Of the
legislator, to hll pra toapore, all vacancies
I'm those offices, which it snay be the duty of
fthe Legislature to i'll permanently: Provided,
that lss appointment to such vacancies shat
be BIZ cotaEnissions 70 empire at the end Of the
next succeeding session of tho General IA
sscmbig.
5. There shan be Council Of State, to
consist ofthrce sosrcbers, any one armore OF
whoga may act. They shall be elected by
7ioint Yets OF u IA Houses oil the General as
scnbly, and remain in Office three years
sBut Of those FIRST elected, one, TO be desi5na
ted by lot, shall remain ~ Office for ono year
soniy, and che Other, e be designated IN ike
manner, shafl relaa@n IN elfce for two years
only. Nacancis occurring ~ expiration oil
fthe term Of scsvs.s, or otherwise, saali be sup
piled b, cleeroRs made IN Ike manner. ihs
Stogcrnor .ta7i, before he exercises sny dis
ecretionasy f,ogcr conferred en- him by fae
sCosstiidfron and laws, require the advice Of
abe Co.ioc:l e State, which advice shall be
registerGd an books kept -gor that purpose,
s. yn9d By the members present ord consent
bag thc.sto, and laid before the General As
seinhly Shen called ter by thsn. The Coun
cil shan appoint their own Clerk, Tbe shah
take 81 OATH - keep secret sdGh matters a
ne .,all lie Ordered hy tlie Beard to csuceal.
The Senior Councillor .hall be Lieutenant
fGoycrAor- and in case Of tho death. reslgna
ftion, inability, or absence Of the Governor
from tao .eat Of government, shall act as
sGovernor.
8 Tho manner ofappoiniiug militia officers
shall be provided for by law, but no officer
below the rank OF a Brigadier Gewra, shall
be appointed By t..e General Assembly
Z. CommhtioEs and grants .hAll run VI the
neme Of the Commonwealth of Virginia, and
bear tsste by tie Governor, with the seal of
he Commonwealth annexed.
ARTICLE V.
l. The Judicial power shall be vested in
Supreme Court cf Appeals, in such Superior
Courts os the Legislature may FROM time 10
time orda,e aud establish, and the Judges
thereof. in the County Cosrts, AMI in Justices
of the Peace. The Legislature may also vest
such jurisdiction ~ shall be deemed necesss
ry in Corporation Courts. and in the Magis
trates who hlay belong to the corporate body :.
Tho jurisdiction OF tLsse tribunals, ard the
Judges thereof, shall be regulated by Jaw
The judges Of the Suprems Ceert of Appeals
and Of the Superior Courts, shah hold their
Offices during good bshaviour, or Unit, reno
yed in the manncr prescribed IN this Constr
tuition; and shall, at the same nme, bold no
other Office, appointment, or public trust; and
the acceptance thereof by either of them shall
vacate his Jutiiciai Office.
g. No law abolishing any Court shah he
construed TO deprive a Judge thereof Of hs
Office, unless two-thrds Of tina members Of
each House present concur in the passing
thereof; but the Legislature may assiys 9TH
er Judicial duties to the Judges of Courts
abolished BIZ any law enacted By less than
two thirds Of the members Of each House pre-
sent.
s, The present Judges Of the Supreme
Court of Appeals, Of the General Court, and
of the Superior Courts of Chancery, shall re-
main in Office until the termination of the
session Of the first Legislature elected under
this Constitution, and no longer.
A. The Judges of the Supreme Court Of
Appeals and of the Superior Covrts shall be
elected by the joint vote Of both Houses of
the General Assembly.
3. The Judges Of the Supreme Court OF
Appeals and OF the Superior Courts shall re-
ceiye fixed and adequate salaries, which shall
not be diminished during their continuance in
Office.
6 Judges may be removed from Office by a
concurrent vote of both Houses of the General
Assembly; but two-tb,rds ei the membcrs
present must concur in such vote, and the
cause of removal shall be entered on the
Journals ofeack. The Judge against whom
abe Legislature may be about TO proceed,
shall receive notice thereof, accompanied wita
Il copy of the causes alleged for his removal,
al least twenty days before the day on which
either House of the General Assembly shaL
act thereupon,
z Ga the creation Of any new couGty, JUS
tices of the Peace shall be appointed, an the
4rst instance, in such manner as may be are
scribed BIZ law. When vacancies shah occur
I'm any county, er it shall, for any caese, be
deemed 'lecessarv to increase the number, APP
pointments shall be made by the Governor
on The Recommendation of the respective
County Courts.
s Tac Attorney General shall be appointed
by Joint vote Of the two Houses of the Gener-
al Assembly, and commissioned By the Soy
ernor, and shall hold his Office during the
pleasure efthe General Asseulby- The Clerks
of the several Courts, when vacancies SHALL
occur, shall be appeintsd by the:r respective
Courts, aud the tenure of office, IS web eff
chose ROW in office of those who may be !
hereafter appointed, shall be prescribed by ,
law The Sherifs and CsroRers shah be |
nominated by the respective County Courts, |
and when approved by the Governor, shall be /
Commissioned by him The Jpstices shall
app9nt Ceastables. And all fees OF the !
aforesaid officers, shall be regulated by law.
.. Writ. shall run in the name of the Com
nenvealth OF Virginia, and bear tests by tie
4tIk. Of the several Courts. Indlctels mt.