Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-11-06


I.the Senate nay sniind d Isiiecl thsn.as other
bills, 3
SEQ % Each member q the Legislature
shall receive rom the public treasury cona-
Den ion f1r rs services, which may be IN
creased Of diminished BIZ la.v; butno increase.
of compensation shall take effect during the
session e y hieh such increase shall have been.
made.
Sec. 26. No senator or sentative shall,
during the term for whichihe shall have been
elected, nor for one year thereafter, be ap-
pointed to any ciYn Office Of profit under this
state, which shall have been created Or the
emolumenls 81 which shall have been increas-.
ed during such term, except such Offices as
may be filled By elections by the people and
no member of either house of the Legislature
shall, alter the commencement Of the first
session Of the Legislature after bis election,
and during the remainder Of the term for which
ne Is elected, be eligible to any Office or place.
the appointment 70 which may be made N
whole Or iapars BIZ either branch Of the Le-
gislature f.
Sec. II. 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 q lucrative Office un-
der the United States Or this state, shall be
eligible to the Legislature Proriaed, 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. 2S. No person who hath heretofore
been, OF hereafter may be, a collector or hold
or Of public moneys, shall have 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. 29. The first election for senators and
representatives shall be general throughout
the state, md shah be held on the first Monday
and day following in November, eighteen
hundred and thirty-three; and, thereafter
there shall be biennial elections for senator's &c
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 towr
of Jackson, IN the county of Kinds, until the
year eighteen hundred and fifty. During the
first session thereafter, sthe Legislature shall
have power to designate by law. the pernna
nent seat of government: Provided houoeUer
That unless such designation be .thenmade b.
law, the seat of government shall continue per
1 manentv at the town of Jackson. aThe frs
session shall commence Oh the third Monday il
November, IN Die year eighteen hundred an,
thirty-three; and IN every Two years there
after, at such time as may be prescribed b,
law D
Sec. 81. The Governor, Secretary q
State, Treasurer. Auditor Of Public Accounts
and Attorney General shall reside at thi
seat of government.
i ARTICLE Iv,w-JUDIcIAL DEPARTMENT.
SEC. l. Tho judicial power of this stat,
shall be vested in the High Court of Error
and Appeals, and such other Courts of Law
and Equity, as are hereafter provided for il
this Constitution.
SEC. 2. The High Court of Errors an,
Appo: Is shall consist of three Judges, any twt
of whom shall constitute quorum. The lie
gislature shall divide the State into three dis
tricts, and the qualified electors of each dis
trict shall elect one of saldjudges for the tern
of six years.
SEC. 81. The office of one of said Judge
shall beyacated in two years, and Of one il
four years, and of one in six years, SO that a
the expiration of every two years, one of sal
| JUDGES shall be elected as aforesaid.
SEC. a. The High Court of Errors an
Appeals shallhave no jurisdiction, but such a
properly belongsto Court Of Errors and Ap
peals.
SEC. 5. All vacancies that may occur i
said court, from death, resignation or remove
shall be filed by election as aforesaid: Prori
ded hO,cerer, 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, q
the time of his election, the age of thirt
years.
SEC. 7. The High Court of Errors an
Appeals shall be held twice in each year,
such place as the Legislature shall direct, III
til the year eighteen hundred and thirty-si:
! and afterwards at the seat Of government
, the state.
SEC. 8. The secretary of state, on recei7
ing all the official returns of the first electio
I shall proceed forthwith, in the presence, an
with the assistance of two Justices of II
peace, 6 determine by lot. among the thrt
\ candidates having the highest number of vote
! which Of said judges elect shall eerye for Il
term of two years, which shall serve for Il
Il term Of fouryears, and which shall serve f
4 the term Of six years, and having so determn
ed the same, it shall be the duty Of the COVE
: nor TO issue commissions accordingly.
SEC. 9. No Judge shall sit on the trial
! any cause, when the parties, or either of theT
shall be connected with him y-afinity or CO.
3 sanguinity, or when he may be interested
a the same, except by consent of the judge al
4 OF the parties; and whenever a quorum of sa
l. court arc situated as aforesaid, the governor
the state, shallin such case, especially cor
"a mlss1ontwo or more men of law knowledge,
s the determination thereof
SEC. To- The judges of said court shall r
N ceive for their services, compensation to
f. fixed by law, which shall not be diminisht
n during their continuance in Office.
SEC. IL. Thejudges of the Circuit Cou
4, shall be elected by the qualified electors Of eas
n judicial district and hold their Offices for Il
n term of four years, and reside in their respe
4 tive districts.
es SEC. IL. Noperson shall be eligible TO Il
Office Of judge Of the Circuit Court, who sh;
10 notat the time of his election have attain,
re- the age of twenty-six years. sa
nj SEC. l3. The state shall be divided IN
:. convenient districts. and each district sh;
70 contain not less than three, nor more III;
s twelve counties.
SEC. IA. The circuit court shall have origi
a al jurisdiction in all matters, ciYiIand Grimm:
! within this state; but incivil cases only, whc
4; the principal of the sum IN controversy. 8
s. eeeds fifty dollars.
~ SEC. Is: IA circuit court shall be heldin eat
county Of this state, at least twice III each Yea
Or and the judges Of said courts shall ntercliant
8 circuits with each other, in such manner
81 may represented By law; and shah recer
for their services a compensation to be fix,
n by law, which shall not be diminished durir