Southern Argus., 1838-12-04


1 fls s ! d b 81 elt
biIis
Sec. %. Ter 81 ne
shall receive fg0 public com
bensati0n iof be seI Walen ay ps li.
ersased o. dlmlnisl sllsa ~ as 49, la.eksass
Fl Ia lake scl during the
zion' "a s. g,ich such increase 81 ava been
D
Sec. 28 50 bena tof cE repgeseEta shall,
during srn lof which Ee 81 have been
elected npE for one yeaF thereafter be ar
pointe - any ciyil Office Of profit under tlls
state, which shall have been created, IS tae
eIn0lnnents Of which shall have been lncfeas-
ed during such term, except such ollces as
may Be filed by elections by the people; and
no nemberof either house of the Legs ature
shall after the commencement Of the flrst
session Of the Legislature after his eiecupn
and during the remainder of the term for which
he i elected, be eligible to any Office Of place
the appointment to which may be made IN
whole Or in part, by either branch OF the Le-
gislature. 9
Sec ". Nojudge Of any court Of law b
equity secretary OF state, attorney general
clerkof any court Of record, sheriff or collec,
tor, or any person holding lucrative Office IN,
derfne United States or this state, shall be
eligible to the Legislature: Provided, Thai
officers in the militia, to which there is attach.
ed no annual salary, and the Office Of justice D
the peace, shallnot be deemed lucrative.
Sec. %. No person who hath heretofore
been, or hereafter may be. a collector or hold
er of public moneys, shall have a seat m eithel
house of the Legislature, until such persor
shall have accounted for and paid into tht
treasury, aasums for which he may be ac
conntable. s.. ..ss ~. s =
Sec ~. Tie first election for senators ant
Representatives shall be general thronghou
the state, and shall be held on the first MONDAY
and day following in November, eighteei
hundred and thrty-three; and. theTeafte
there shall be biennial elections for senators, I,
fill the places of those whose term of service
may have expired.
See. go. The first and all future session
Of the Legislature, shall be held in the tow
of Jackson, in the county Of Hinds, until tn
i year eighteen hundred and fifty. During tn
first session thereafter, the Legislature sha
have power TO designateby law, the perma
nent seat Of government; PrOUlded hoa5ere'
That unless such designation be then made b
i law, the seat Of government shall continue pei
manently at the town of jackson. The frs
session shah commence on the third Monday
November, in the year eighteen hundred am
thirty y-three; and in every two years there
after, at such time as may be prescribed b
law.
Sec. 81. The Governor, Secretary {
StateY Treasurer, Auditor of Public Accounts
and Attorney General, shall reside at th
seat of government. a 4r.
Il ARTICLE Iv.-JUDICIAL DEPARTMENT.
SEC. 1. The judicial power Of this stat
shall be vested in the High Court of Error
and Appeals, and such other Courts of IaA
and Equity, as are hereafter provided for i
this Constitution.
SEC. 2. The High Court of Errors an
Appe;ls shall consist of three Judges, any tw
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 saidjudges for the teri
Of six years. Is
SEC. 3. The Office of one of said Judge
shall be vacated in two years, and of one
four years, and of one in SIX years, so that q
the expiration of every two years, one of sal
Judges shall be elected as aforesaid.
SEC. 4. The High Court of Errors an
Appeals shallhaye no jurisdiction, but such a
properly belongsto Court Of Errors and Az
peals. s4 a5f ead'
SEC. 5. An vacancies that may occur
said court, from death, resignation or FemoV;
shall be filed by election as aforesaid: ProU
ded hOseeeers That if the unexpired term d
not exceed one year. the vacancy shall be file
by Executive appointment. s.
l. SEC. g.. No person shall be eligible to th
Office Of Judge of the High Court of Errol
and Appeals, who shall not have attained, {
the time Of his election, the age Of thirt
years. -s1az... i.
SEC 7. The High Court of Errors an
Appeals shall be held twice in each year,
such place as the Legislature shall direct, III
til the year eighteeu hundred and thirty-si
and afterwards at the seat of government
the state. kss
SEC. 8. The secretary of state, t,on recei
ing all the official returns Of the first electic
shall proceed forthwith, insthe presence, az
with the assistance Of two Justices of q
peace, to determine By lot among the thFl
candidates having the highest nulnher of vote
wllichof said Judges elect shall serve for Il
term of twoyears, which shall serve for q
term of fouryears, and which shall serve
! the term Of six years, and having so deteTmi
the same, it shall be the duty of the COVE
nor to issue commissions accordingly. -
- SEC. 9. No Judge shall sit on the trial
any cause, when the parties, or either of thel
: shall BE connected with him by affinity or co
: sanguinity, or when be may be interested
! the same. except by consent of the Judge al
]. of the parties; and wheneyera quorum of sa
= court arc situated as aforesaid, the governor
+ the state, shallin such case, especially col
Tnissiontwo or more men of law knowledge,
s the determination thereof. 5f-8 ST 3a
. SEC. 10. The judges of, said court shall /
q = ceiye for Their services, compensation to I
4 fixed by law, which shall not be diminish
. during their continuance In office.
Y SEC, IL. Thejndges Of the Circuit Coz
Z shallbe elected by the qualified electors of ca
Y judicial district, and hold their Offices for {
3 3 term Of four years, and reside in their respe
g tive districts. - g
= SEC. IL. NopersoR snail be eligible to {
p Office Of judgeof the Circuit Court, who sh
not at The time of his election hare attain
le the ace Of swenty-six years.
IS SEC, Is. The state sh6ll be divided ID
1t convenient district, and each district sh
: contain not less than three, nor more th
e twelve countess.
SEC. IA. The circuit cont shall have o1gi
al Jurisdiction in all matters, civil and GRIMM
= within this state; but in civil cases only, VIII
s the principal Of the sum in Controversy, e
8 ceeds fifty dollars. s
SEC. 10. A circuit court shall Be held N ea
county oftlIs state, at least twice IN each yes
= and hejndges Of said courts shall inlerchanl
q circuits with each other, il such manner
81 may be prescribed by law; and shah recei
for their sefvices d compensation 20 be fix
!, bylaw, which shall not be diminished 7uril