Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-09-25


neaeation For lis services which may t. n
rase a dinnnis he'd By law bltno Increase
81 COMPENSATION shall take eject during the
sion e which such increase shall have been
See @. No senator q repre sHlatiRe shall,
during the term for which be shall have bean
elected. nor ioF one year thereafter. ba ap- II
pointed to any civil Office Of profit under tins
state, which shah have been aeEeateds O. TIE
ennOlumentsof which shah hass heenlncrsas.
ed during such term, except such oszaAss g /
may Be dlea By elections BY the people; and
no menibeFOf either house Of the Legislature
shall, after the commencement Of the INST
session Of the Legislature after his election. /
and during the remainder Of theteTm toe which /
ne selected, be eligible toany ONCE OF place,
the appointment to which may b. made 10 |
whole or inpart, BY either blsnch Of the Lee
gislature.
Sec. "a. Noiudue Of any court Of law or
equity, secretary 81 state, attorney general
clerk of any court oE record, sheriff or collec-
tor. a. any person holding lucrative ONCE uIl-
der the United States q this state, shall be
eligible to the Legislature: Provided, That
officers IN the militia, To which there b attach
ed no annual salary and the Office Of justice OF
the peace, shalfnot Be deemed lucrative.
Sec o. No person who hath heretofore
been, OF hereafter may be, a collector O. hold
er OF public moneys, shall have seat IN either
house Of the Legislature, ntil<such person
shall have accounted for, and paid into the
treasury, all slRas 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-thTee; 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 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-
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 Iv.-JUDIcIAL DErLRTMENT.
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. 2. The High Court Of Errors and
Appe lsshan consist of three Judges, any two
Of whom shall constitute quorum. The Lee
gislatuFe shall divide the State into three dis
tricts, and the qualified electors of each dis
tllct 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. 4. The High Court Of Errors and
Appeals shallhave no jurisdiction, but such as
properly belongstO Court of Errors and APP
peals.
SEC. 3. Al vacancies that may occur IN
SAID court from death, resignation or removal
shall be hlled by election as aforesaid: PrOvi.
ded ho'cerer, That if the unexpired term do
not exceed one year, the vacancy shall be filed
by Executive appointment.
SEC. 3. No person shall be eligible to the
Office Of Judge of the High Court of Errors
and Appeals, who shall not have attained, at
the time of his election, the age of thirty
years
SEC, z. The High Court of Errors and
Appeals shall be held twice in each wear n
such place as the Legislature shall direct, I'M.
til the year eighteen hundred and thirty-Eix
and afterwards at the seat of government D
the state.
SEC. 6. 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 The
peace, to determine by lot among the three
candidates having the highest number Of votes
which OF said judges elect shall serve for tn,
term OF two years, which shall serve for thu
term OF four years, and which shall serve fo
the term Of SIX years, and having so determin
ed the same, it shall be the duty Of the cover
norto issue commissions accordingly
SEC. y. No Judge shall SIT on the trial o
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 il
the same, except by consent Of the Judge ant
Of the parties and whenever quorum Of san
court are situated as aforesaid, the governor Q
the slate, shallin such case, especially com
mission two or more men of law knowledge, to
the determination thereof
SEC 10. The judges of said court shall re
ceive for their services, a compensation to b
] fixed by law, which shall not be diminishe,
i during their continuance in Office.
SEC IL. Thejudges Of the Circuit Cour
shall Ie elected hy the qualified electors Of eacl
Judicial district, and hold their Offices for tn,
! term II -four years, and reside IN Their respec
tive districts.
Office of JUDGE of the Circuit Court, who shal
/. not at TIE time Of his election have attainel
! the aged tWenty-six years.
! SIC, B. The state shall Be divided inf,
conyenidlt districts, and each district shaI
8 contain not less than three, nor more thai
! twelve cunties.
SEC. ~ The circuit court shall have origin
i 81 JURISDICTION IN al matters, civil and criminal
within his states but IN civil cases only, wheI
!. the principal Of the sum ID controversy ex
s ceeds ffg dollars.
4 SEC. 3. A circuit court shall be he'd II eacI
county y this state at least twice In each wear
p and the judges Of said courts shall interchanp,
3 circuits with each other, in sach manner a.
81 may BE prescribed BY law; and shall receive
for ihlir services compensation TO Be fxe,
i By law which shall not be diminished aurins
e their continuance m Office.
SEC. 16 A separate Bupasior court Of chan
q Gerry sal be established. with fun iuriisflicfio,
4 IN al matters g equity: Provided hosOe5ey
4 The legislature may give to the circuit court
of cap county. equity jurisdiction IN an case
Wher the value Of tAe thing, or amount Il