Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-12-18

So 2 member Of tie tnEe
ehail receive from he public treasury, COM
ion ~ bis services. which may Sc IN
resed 81 diniinisEled By law; butno increase
81 compensation shah take effect during the
session at which such increase shall have been
made.
Eee g. No senator or represents tive shall,
during the term fof which he shan have been
elected. nor Cor one year thereafter, be ap-
pointed to any civiI Office Of profit under this
state, which shall have been created. Of the
enloMmentsof which shah have been lncFeas-
ed during such term, except such offices az
may Be flled BY elections by the people; and
no memberof either house Of the Legislature
shall, after the commencement Of the hrst
session Of the Legislature after his election,
and during the remainder Of the term for which
he Is elected, Be eligible toany Office or place,
the appointment to which may be made m
whole Or inpart by either branch Of the Lee
gislatuFe.
Sec. N. NojudgeOf any court Of law or
equity, secretary Of state, attorney general,
clerk of any court of record, sheriff or collec-
tor, or anyperson holding lucrative Office I'M
der the United States OF this state, shall be
eligible to the Legislature PROVIDED, That
officers IN the militia, to which there is attach
ca Iu dAlAtad1 Tic O4lGC "a juSANCOA
the peace, shall not be deemed lucrative.
Sec. %. No person who hath heretofore
been, or hereafter may be, a collector or hold
er of public moneys, shall have seat IN either
house Of the Legislature, until such person
shall have accounted for, and paid into the
treasury, all sums for which he may be ac-
cOuntable.
Sec. %. The first election for senators and
representatives shall be general throughout
the state, and shall be held on the first Monday
and day following in November, eighteen
hundred and thirty-three; and, thereafter
there shall be biennial elections for senators, to
Gil the places of those whose term of service
may have expired.
See. 80. The first and an future sessions
of the Legislature, shall be held in the town
of Jackson, in the county of Kinds, until the
year eighteen hundred and fifty. During the
first session thereafter the Legislature shall
have power to designateby law. the perma.
nent seat of government: Provided however,
That unless such designation be then made by
law, the seat of government shall continue per-
mansntly at the town Of jackson. The first
session shall commence on the third Monday in
November, in the year eighteen hundred and
thirty-three and in every two years there
after. at such time as may be prescribed by
law.
Sec. 81. The Governor, Secretary Of
State, Treasurer, Auditor of Public Accounts,
and Attorney General, shall reside at the
seat of government.
ARTICLE Iv.-JUDIcIAL DEPARTMENT..
SEC. l. The judicial power of this state
shall be vested in the High Court of Errors
and Appeals, and such other Courts of Law
and Equity, as are hereafter provided for in
this Constitution.
SEC. 2. The High Court of Errors and
Appeals shall consist of three judges, any two
Of whom shall constitute quorum. The lie.
gislature shall divide the State into three dis
tricts, and the qualified electors of each dis.
trict shall elect one of SAID judges for the term
of six years.
SEC. 3. The Office of one of said Judges
shall be vacated in two years, and of one in
four years, and of one In six years, so that al
the expiration OF every two years, one of saii
judges shall be elected as aforesaid.
SEC. 4. The High Court of Errors ant
Appeals shallhave no jurisdiction, but such al
properly belongs to Court Of Errors and Ap
peals.
SEC. 5. AL vacancies that may occur II
said court, from death, resignation or remova
shall be filed by election as aforesaid: PrOpi
ded however, That if the unexpired term d.
not exceed one year, the vacancy shall be fllet
by Executive appointment.
SEC. 6. No person shall be eligible to the
Office Of Judge Of the High Court of Error,
and Appeals, who shall not have attained, a
the time of his election, the age of thirty
years.
SEC. Z. The High Court of Errors ana
Appeals shall be held twice in each year, a
such place as the Legislature shall direct, IN
I'll the year eighteen hundred and thirty-six
and afterwards at the seat of government Q
the state.
SEC. 8. The secretary of state, on receiv
ing all the official returns of the first election
shall proceed forthwith, in the presence, an,
with the assistance of two Justices of Tn
peace, to determine by lot among the tire
candidates having the highest number Of votes
which Of said judges elect shah serve for tn
term of two years, which shall serve for tn
term of four years, and which shall serve 70
the term of six years, and having so determin
ed the same, it shall be the duty of the Cover
nor to issue commissions accordingly.
SEC. 8. No Judge shall sit on the trial Q
any cause, when the parties, or either of them
shall be connected with him by affinity or con
sanguinity, or when he may be interested i
the sames except by consent of the Judge an
Of the parties and whenever quorum of sal
court arc situated as aforesaid, the governor {
the state, shallin such case, especially com
mission two or more men of law knowledge, fo
J the determination thereof
SEC. 10. The judges Of said court shall re
ceive for their services, a compensation to
fixed by law, which shall not be diminishe
during their continuance In Office.
SEC. II. The judges of the Circuit Cour
shall be elected by the qualified electors of eac
Judicial district, and hold their Offices for tn
term Of four years, and reside in their respec
tive districts.
SEC. 10. Noperson shall be eligible to th
Office of judge Of the Circuit Court, who sha
not at the time Of his election have attaine
the age of twenty-six years.
SEC, ID. The state shall be divided int
convenient districts, and each district sha
:. contain not less than three, nor more thaI
twelve counties.
SEC. Il. The circuitcourt shall have origin
al jurisdiction IN all matters civil and crimina
within this state; but IN civil cases only, whe
, the principal of the sum in controversy, ey
ceeds fifty dollars
SEC. Is. A circuit court shall be held in eac
county Of this state, at least twice in eachyea
and the Judges Of said courts shall interchang
circuits with each ether, in such manner a
may be prescribed by law: and shah receiv
for their services a compensation to be fxe
by law, which shall not be diminished durin
their continuance in Office.
SEC. 16. a separate superior court Of char
Gerry shall be established, with fun juTisdictio
III n y.