Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-10-02
=. ssna.. 90 a.I.-!.a 8 &C. Il.Ia !. 80

Dlj g Il raj, member 81 lie Legislature /
shsIi ,aneive rom The public asury, q COM
gsrs f;;on lof f services which may Be in-
q fiI.iiiii led BY law butno increase !
81 comm sation shah take effect during the |
ion at which such increase shall have been
5. No senator or representative shall, |
during the term lor which he shah have been
elected, nor for one year thereafter, be APP
pointed to any civil Office of profit under tins
state, which shall have been created, or the
emoluments Of which shall have been increas-
ed during such term, except such Offices as
may be filed by elections by the people and
no memberof either house Of the Legislature
shall, after the commencement of the first
session of the Legislature after his election,
and during the remainder Of the term for which
ne is elected, be eligible to any office or place,
the appointment to which may be made IN
whole or in part, BY either branch OF the Lee
gislature.
Sec. "a. Nojudge of any court Of law or
equity, secretary Of state, attorney general,
clerk Of any court of record, sheriff or cOllec-
tor, or any person holding lucrative Office UNI
der the United States or this state, shall be
eligible to the Legislature: Provided That
officers in the militia, to which there is attach
ed no annual salary, and the Office of justice OF
the peace, shall not be deemed lucrative.
Sec. %. No person who hath heretofore
been, or hereafter may be, collector or hold
er of public moneys, shall have a 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 &C
countable.
Sec. o. The first election for senators and
representatives shall be general throughout
thestate, and shall be held on the first Monday
and day following in November, eighteen
hundred and thrty-three; and, thereafter
there shall be biennial elections for senators, to
fill the places of those whose term of service
may have expired
Sec. 80. The first and all 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 designate by law. the perma-
nent seat of government: PrOUided holoeper,
That unless such designation be then made bv
law, the seat of government shall continue per-
manently 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 1v.-JUDIcIAL DEPARTMENT.
SEC. 1. 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. 9. The High Court of Errors and
Appeals shall consist of three judges, any two
of whom shall constitute quorum. The Lee
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 at
the expiration of every two years, one of said
judges shall be elected as aforesaid.
SEC. A. The HIGH Court of Errors and
Appeals shall have no jurisdiction, but such as
properly belongs to Court of Errors and Ap-
peals.
SEC. 5. All vacancies that may occur in
said court, from death, resignation or removal
shall be filed by election as aforesaid: Prori-
ded hoaceuer, That if the unexpired term dc
not exceed one year, the vacancy shall be filed
by Executive appointment.
SEC. 6. No person shall be eligible to the
Office of Judge of the High Court of Errors
and Appeals, who shall not have attained, al
the time of his election, the age of thirty
years.
SEC T. The High Court of Errors ant
Appeals shall be held twice in each year, a
such place as the Legislature shall direct, un
til 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, ant
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 shall serve for tn
term of two years, which shall serve for tn
term of fouryears, and which shall serve fc
i the term of six years, and having so determiI
ed the same, it shall be the duty of the Cover
nor to issue commissions accordingly.
SEC 9. No Judge shall sit on the trial
any cause, when the parties, or either of then
shall be connected with him by affinity or col
. sanguinity, or when he may be interested
A the same, except by consent of the Judge an
+ of the parties; and whenever quorum of sal
j court are situated as aforesaid, the governor
the state, shallin such case, especially con
: mission two or more men of law knowledge, f
. the determination thereof.
a SEC. 10. The Judges of said court shall n
II ceive for their services, a compensation to |
: fixed by law, which shall not be diminishe
n during their continuance in Office.
! SEC. IL. Thejudges of the Circuit Cou
n shall be elected by the qualified electors of eaC
Il judicial district, and hold their offices for Il
a term of four years, and reside in their respe
4 tive districts.
IS SEC. H. Noperson shall be eligible to IL
Office of judge of the Circuit Court, who shs
,e not at the time of his election have attaine
e the age of twenty-six years.
NJ SEC, 13. The state shall be divided In
j convenient districts, and each district shs
re contain not less than three, nor more thu
10 twelve counties.
SEC. ID. The circuit court shall have origil
Al al jurisdiction IN all matters, civil and crimins
/, within this state; but in civil cases only, whe
i. the principal of the sum In controversy, e.
e ceeds fifty dollars.
= SEC. Is. A circuit court shah be held IN eaC
county ofthis state, at least twice in eachyea
a. and the Judges of said courts shall interchans
% circuits with each other, In such manner
Of may be prescribed by law; and shall receil
for Their services a compensation to be fix,
], by law, which shall not be diminished durir
q their continuance in Office.
SEC. is. A separate superior court of cha
Gerry shall be established, with full iurisdict,
IN all matters Of equity: Provided, hotcers
ID