Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-11-13

Sec Each member u the Leg eture
shail csite rom lie public treasgry, com-
nensation Ior Bis services. which may Be in-
eased 81 diminished by law; butno increase
81 eonoen ion shall take effect during tie
s. ion IS ST ch such Increase shall have been
made.
SEC rs. No senator b Representative shall,
during tie term lor which lie shall have been
elected, non i0f one wear thereafter, be APP
pointed 70 any civf Office ofipfoit under this
state, which shall have been created, o. the
emolumentsof which shall have been incress-
ed during such term, except such Offices as
may Be filed BY elections BY the people and
40 memberof either house Of the Legislature
shall, after The eommencement Of the first
session of Tie Legislature after bis election,
and during the remainder Of the term for which
hs Is elected be eligible e any Office OF place,
The appointments % which may be made ia.
whole q inpari. 81 either bianch Of the Lee
eislature.
Sec ~. Naindga Of any court Of law ri
equity, secretary st state, attorney general
clerk Of any court Of record. sheriff 81 collec-.
tor, or nYperson holding lucrative Office un-
der the United States 81 this state, shall be
eligible to the Legislature PROVIDED, That
officers ii 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. IS. N0person who hath heretofore
been, Or hereafter may be, q collector or hold
eT Of public moneys, shall have q seat IN either
house of the Legislature, until such person
shall have accounted for, and paid into the
treasury al sums for which he may be ac-
countable.
Sec. %. 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
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: Prouaded hosoeUer,
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. 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, ais. are hereafter provided for in
this Constitution.
SEC. 2. The High Court of Errors and
Appesl Is 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. 3. The Office of one of said Judges
shall be vacated IN two years, and<o 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 shall have no jurisdiction, but such as
properly belongsto 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 hOareuer, That if the unexpired term do
not exceed one year, the vacancy shall be filed
by Executive appointment.
SEQ 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. 2. 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 tlfirty-siy,
and afterwards at the seat of government Of
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, 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 fouryeaTs, 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 oi
any cause, when the parties, or either of them,
shall be connected with him by affinity or con-
sanguinity, or when lie may be interested II
II
/ Of the parties; and whenever quorum Of SAID
court arc situated as aforesaid, the governor o.
the state, shallin such case, especially com.
mission two or more men of law knowledge, fol
the determination thereof.
SEC. 10. The judges Of said court shall ne.
ceiye for their services, a compensation to be
fixed BY law, which shall not be diminished
during their continuance in Office.
SIC III. Thejudges Of the Circuit Court
shall be elected by the qualified electors ofeacI
judicial district, and hold their Offices for the
term Of four years, and reside In their respec.
tive districts.
SEC. II. Noperson shall be eligible to the
Office Of judged the Circuit Court, who shall
nota the time Of his election have attained
the age of twenty-six years.
SEC, 13. The state shall be divided int
convenient districts, and each district sllal
contain not less than. three, nor more than
twelve Countess
SEC, Ia. The circuit court shall have origin
81 jurisdiction II all matters, civil and criminal
within this state: but IN civil cases only, whes
: the principal OF the sum N controversy, ex
ceeds fifty dollars.
SEC. is. A circuit court shall Be held ii eacl
county ofthis state, at least twice III each wear
/. and the judges of said courts shall interchang,
8 circuits with each other. ii such manner a
4 may Be prescribed by law; and shall reeeiv,
BY law, which shallnot be diminished durin.
/, their continuance n Office.
SEC is separate superior court Of chan
cery shall Be established with fnH jurisdiction
g e.. matters Of equity Pro1ided, holeetel