Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-12-11


tie ela may en- "a g let them - otlek
81. S. Each member 81 lae Legislature
eliaIl receive nom the public treasury, COM
Sc hon iol his services which may b H.
= a elirniri he'd 81 law; blitno increase
81 compensation shall take eject during tie
session 1t which such increase shah have been
made.
Sc. Is. Nosenatoro or Representa- shall,
during the term loF which he shall have been
elected, nor for one year thereafter Be ap-
pointed to any civ1 Office Of profit under this
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 nFst
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 N
whole or inpart, by either bianch Of the Le-
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 ONCE I'M
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, shalt 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 a seat N 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.
1 g. ~ M. e. -Jo.%:.v, e. 49,. otr,-s .y1I
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
I'll 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 hOaOever,
That unless such designation be thenmade by
law, the seat of government shall continue per-
man9ntly 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 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 tern
of six years.
SEC. 8. The Office of one of said Judges
shall be vacated in two years, and of one il
four years, and Of one in six years, so that al
the expiration of every two years, one of sail
judges shall be elected as aforesaid.
SEC. 4. The High Court of Errors anC
Appeals shall have no jurisdiction, but such al
properly belongs to Court Of Errors and Ap
peals.
SEC. 5. All vacancies that may occur il
said court, from death, resignation or remova
shall be filled by election as aforesaid: PrOUi
ded however, That if the unexpired term d.
not exceed one year, the vacancy shall be file,
by Executive appointment.
SEC. 6. No person shall be eligible to tn
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 thirt
: years.
J, SEC Z. The High Court of Errors an
Appeals shall be held twice in each year, q
such place as the Legislature shall direct, VI
J til the year eighteen hundred and thirty-si7
. and afterwards at the seat of government (
: the state.
SEC. 8. The secretary of state, on receN
ing all the official returns of the first election
: : shall proceed forthwith, in the presence, an
II with the assistance of two Justices of Ii
peace, to determine by lot among the thre
= candidates having the highest number Of vote
= which of said judges elect shall serve for Il
: term Of two years, which shall serve for q
- term of fouEyears, and which shall serve f
u the term Of six years. and having so determiI
~ ed the same, it shall be the duty of the COVE
2 nor to issue commissions accordingly.
y SEC. 8. No Judge shall sit ON the trial
any cause, when the parties, or either of theE
n shall be connected with him by affinity or col
3 sanguinity, or when lie may be interested
Ia
US the same, except by consent of the Judge an
- of the parties; and whenever quorum of sa
Ct court arc situated as aforesaid, the governor
IL the state, shallin such case, especially cor
mission two or more men of law knowledge,
eS the determination thereof.
us SEC. 10. The judges of said court shall r
z ceive for their services, compensation to
aH fixed by law, which shall not be diminishC
Jus during their continuance IN Office.
al SEC. IL. Thejudges of the Circuit Cou
e. shall be elected by the qualified electors of eaG
al judicial district, and hold their Offices for Il
lls term Of four years, and reside in their respe
nd tive districts.
M SEC. IL. Noperson shall be eligible to Il
es Office of Judge of the Circuit Court, who sh;
not at the time of his election have attain,
he the age of twenty-six years.
srs SEC. ID. The state shall be divided in
mt convenient districts, and each district sh;
Sc contain not less than three nor more tn
We twelve counties.
ne SEC. IA. The circuit court shall have oripi
al jurisdiction in all matters, civil and Grimm;
ldl within this state; but IN civil cases only, VII,
=. the principal Of the sum in controversy, e
eL ceeds fifty dollars.
- SEC. Is. A circuit court shall be held in ca,
county Of this state, at least twice in each yes
- and the judges of said courts shall inierchanl
- circuits with each other, in such manner
u may be prescribed by law; and shall recei
for their services compensation TO be fix
:, by law, which shah not be diminished duril
dil, their continuance IN Office