Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-12-25


Sc %. Fachmenber Of the Legislature
shah receive fronl the public treasury, COM
pensation for his services, which may be in-
creased or diminished by law butno increase
Of compensation shall take effect during the
session at which such increase shah have been
made.
Sec. %, No senator or representative shall,
during the term for which he shall have been
elected, nor for one year thereafter, be APP
pointed to any ciVn 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 az
may be filed by elections by the people ana
no membefof either house of the Legislature
shall, after the commencement OF the nrst
session Of the Legislature after his eleeuon'
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 lie
gislature.
Sec. n. 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 un-
der the United States or this state, shall be
eligible to the Legislature: ProUided, 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, a 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 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
fill the places of these 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 perTna-
nent seat of government: Provided hoaoeUer,
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. /. 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 Le-
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. 8. 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 Curt of Errors and
Appeals shall have no jurisdiction, but such as
properly belongs to Court of Errors and APP
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 however, That if the unexpired term do
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, at
the time of his election, the age of thirty
years.
SEC. 7. The High Court of Errors and
Appeals shall be held twice in each year, at
such place as the Legislature shall direct, I'M
til the year eighteen hundred and thirty-six,
and afterwards at the seat of government Of
the state.
SEC. g. The secretary of state, on receiv.
ing all the official returns Of the first election,
shall proceed forthwith, in the presence, and
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 the
term of two years, which shall serve for the
term of four years, and which shall serve for
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 Of
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 in
the same, except by consent of the Judge and
of the parties; and whenever quorum of said
court arc situated as aforesaid, the governor Of
the state, shallin such case, especially COM
mission two or more men of law knowledge, for
the determination thereof.
SEC. 10. The judges of said court shall re-.
ceive for their services, a compensation n he
fixed by law, which shall not be diminished
during their continuance IN Office.
SEC. IL. The judges Of the Circuit Cour,
shall be elected by the qualified electors of each
judicial district, and hold their offices for the
term Q. FOUR years, ana reside in their respec-
/, i've districts.
SEC. 70. Noperson shall be eligible to the
Office of Judge Of the Circuit Court, who shall
not at the time of his election have attained
the age of twenty-six years.
SEC, IL. The state shall be divided into
convenient districts, and each district shall
contain not less than three, nor more than
twelve counties.
SEC. IA. The circuitcourt shall have origin
al jurisdiction in all matters, civil and criminal
within this state; but in civil cases only, when
the principal of the sum in controversy, ex.
ceeds fifty dollars.
SEC. rs. A circuit court shall be held IN eacl
county Of this state, at least twice in each year
and the Judges of said courts shall Interchange
circuits with each other. IN such manner as
may be prescribed by law; and shall receive
for their services compensation to be fxeC
by law, which shah not be diminished during
their continuance in Office.
Il SEC. 16 A separate superior court Of chan
Gerry shall be established, with fun Jurisdiction
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