Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1830-02-12
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first elected, one, TO DO designated by lot, shall
remlin IN office for year only, md one other,
ITO be designated in like manner, shall remain in
| Office for two years only Vacancies occurring
| by expiration of the term of SERVICE, or other
wise shall be supplied by elections made in hike
| inanher. The Governor shall, before no eNer-
cises any discretionary power conferred on him
| by the Constitution and laws, require the advice
ot the Council Estate, which advice shall be re-
glstered IN books kept for that purpose, signed
| Dy the members present and consentng thereto
ana lald before the General Assembly when
| called for by them. The Council shall appoint
their own Clerk, who shall take an oath to keep
secret such matters as he shall be ordered by
the Board TO conceal. The senior councillor
| shall be Lieutenant Governor, and i'm case of
the death, resignation, inability or absence, of
the Governor from tho seat of government, shall
| act as Governor
o.: The manner Of appointing militia officers,
snail DC provided for by law--but officer be-
low ,thc rank of n BrgaGier General, shall ba
appointed by the GcnereI Assemble
Z. commissions and grants shall run in the
name OF the Commonwealth of Virginia, and
bear test by the Governor, with the seal of tho
Commonwealth exed
ARTICLE V.
l: The Judicial power shall be vested in Su-
perior Courts of Appeals, in such Superior
Cohr's as the Legislature may from time to time
ordaln and establish, and the Judges thereof. in
me county Courts, and in the Justices of the
Peace. The Legislature NAV also vest sucb
jurisdiction as shall be deemed necessa i'm Cor
Poraton Courts, and in the Magistrates who may
belong to the corporate body. The jurisdiction
OF these tribunals, and Of the Judges thereof,
shail be regulated by law The Judges ;of the
Supreme Court of Appeals and of tile Superior
Courts, shall hold their offices, 6uripp GOOD he.
haviour, or until removed in the manner pre-
scrIbed IN this Constitution and shall, at the
same time, hold no other office, appointment or
public trust and the acceptance thereof by
either OF them shall vacate his Judicial office
<. NO law abolshing any Court shall be con-
sIued to deprive Judge thereof of his office,
unless two-thlrds of the members of each House
present concur In the passing thereof; but the
Legislature may assign other Judicial duties to
tac Judges OF Courts abolished by any law en-
| acted by less than two-thrds of tho members of
each House present
$. The present Judges of the supreme Court
OF Appeals, of the General Court and of the Su-
| per!or Courts of Chancery, shall remain in office
until the termination of the session of the first
Legislature elected under this constitution, and
| no longer
q. The Judges of the Supreme Courts of An
Peals and OF the Superior Courts, shall be elected
by the joint vote of both Hhuses of the General
Assembly.
g. The Judges of the Supreme Court of Ap.
peals g. ofthe Superior Courts shall receive fixed
and adequate salaries, which shall not be inn-
lshed during their continuance in office
D. Judges may be removed from office by con-
current vote of both Houses Of the Gen Assem-
bly, but two-thirdc Of the members present must
concur In such vote and the cause of removal
shall be entered on the Journals of each The
Judge against whom the Legislature NAV be
about to proceed, shall receive notice thereof ac-
companed with copy of the causes alleged for
his removal, at least twenty DAYS before the day
on which either House of the General Assembly
shall act thereupon.
l. On the creation of any new county, JUS
tees OF the Peace shall be appointed in the first
instances, in such manner may be prescribed
by law. When vacancies shall occur in any
county, or 1T shall for aug cause, be deemed ne
ccssary to increase the number, appointments
shall be made by the Governor, on the recon-
mendation either respective County Courts
8. The Attorney General shall be appointed
by Joint vote of the two Houses of the General
Assembly, and commissioned by the Governor
and shall hold his office during the pleasure of
the General Assembly. The Clerks of the sew
erai Courts when vacancies shall occur shall be
appointed by their respective Courts, and the
tenure OF office as well of those now in office
as of those who may be hereafter appointed.
shall be prescribed by law. The sherihs and
coroners shall be nominated by the respective
County Courts, and when approved by the Gov
crnor, shall be commissioned by him. The JUS
tees shall appoint Constables. And all fees Of
the Aforesaid officers shall be regulated by law
9. Writs shall run in the name of the Cmmons
the several Courts. Indictments shall conclude
against the peace and dignity of the common
wealth
ARTICLE VI.
Treasurer shall be appointed annually by
Joint vote Of both Houses.
ARTICLE VII.
The Executive Department of the Govern
ment shall remain at present organized and
the Governor and Privy Councillors shall contin-
ue in office, until Governor elected, under this
constitution, shall come into office and all other
persons in office when this constitution shall be
adopted, except as is herein otherwise expressly
directed, shall continue in office. till successor.
! shall be appointed, the law shall otherwise
| provide and the Courts of Justice now exist
/ ing shall continue with their present iurisdic-
| ton, until and except so far as the Judicial
| system may or shall be hereafter otherwise or
ganzed by the Legislature.
Done Convention in the city of Richmond nm tho fc
teenih day OF January, in the of Lord one
sand eight hundred and thirty and in the fly.oirh
year Of the independence of the United States of A.
| merica
PHILIP p BARBOUR.
President of the Convention.
Secretary fthe Convention.
| SCHEDULE.
Ordered that the roll containing the drafts of the amend
ed Constitution adopted by this Convention, and b: IL
submitted to the people Of this Commonwealth for their
a'hcaon or reflections be enclosed by the Secretary in
case proper Tor It's preservation, and deposited among the
archives OF the Council Of state.
ordered that the Secretary do the Journal Of
proceedings Of this Convention, fairly entered i'm
ri wei bound book and aler the shall have beon sign
ed 10y the PRESIDENT and ateSed by the Secretary that
nc deposit the same together with all original docu.
ncns ~ the possession Of the Convention and
ca WIN It's proceedings the archives Of the COun-
cl of state and further he cause cn'pnted copies
81 e % Journal to be well bound, and deposited in tue
Ordered, that the President Of the Conventions do cei