Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-10-09

sliall receive ON the public treaEtlfys conas
for lis services, which may Re IN |
creased or diminished BIZ law; butno increase
# compens ID shall take effect during the
session atWhich such increase shall have been
made.
Sec. 20. No senator or representa- shall,
turing the term for which he shall have been
slected, nor for one year thereafter, be ap-
pointed to any civil 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 member Of either house of the Legislature
shall, after the commencement OF the flrst
session Of the Legislature after his elections
and during the remainder of the term for which
ne is elected, be eligible to any oflce or place,
the appointment to which may be made N
whole on in part, by either hanch Of the Lee
gislature.
Sec. ~. 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 IN
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 oil
the peace, shall not be deemed lucrative.
Sec. %. No person who hath heretofore
been, or hereafter may be, collector or hold
er 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 &C.
countable.
Sec. 80. The first election for senators and
representatives shall be general throughout
the state, and shall be held on the first AIonday
and day following in November, eighteen
hundred and thirty-three; and, thereafter
there shall be biennial elections for senator's 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 Hinds,' until the
year eighteen hundred and fifty. During the
first session thereafter, the Legislature shall
have power to designate by law, the perma-
nent seat of government: Provided ho10euer,
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 1v.-JUD1cIAL 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. 3. 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 saldjudges 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 Court of Errors and
Appeals shallhave no jurisdiction, but such as
properly belongs to Court of Errors and Ap-
peals.
SEC. 5. All vacancies that may occur in
said court, from DEATH resignation or removal
shall be filed by election as aforesaid: Proui-
ded horceUer, That if the unexpired term dc
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, al
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 year, al
such place as the Legislature shall direct, IN
til the year eighteen hundred and thirty-six
and afterwards at the seat of government o
the state
inc all the official returns of the first election
shall proceed forthwith, in the presence, ant
with the assistance of two Justices of thG
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 tn,
term of four years, and which shall serve 70
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. 9. 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
sangunity, or when he may be interested il
/ the same, except by consent of the Judge ant
/ of the parties; and whenever a quorum Of san
| court arc situated as aforesaid, the governor @
| the state, shallin such case, especially com
| mission two or more men of law knowledge, 70
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 diminishet
during-their continuance in office.
SEC. II. The Judges of the Circuit Cour
shall be elected by the qualified electors of eacl
Judicial district, and hold their Offices for tn,
term of four years, and reside in their respec
tive districts.
SEC. ID. Noperson shall be eligible to tn,
Office of judge Of the Circuit Court, who shal
not at the time of his election have attaine,
the age of twenty-six years.
SEC, 49,. The state shall be divided int,
convenient districts, and each district shal
contain not less than three, nor more thai
twelve counties.
SEC. Ia. The circuit court shall have origin
al jurisdiction in all matters, civil and criminal
within this state; but in civil cases only, whel
the principal of the sum in controversy, ex
ceeds fifty dollars.
SEC. Is. "A circuit court shall be held in eacl
county ofthis state, at least twice It'd each year
and the Judges Of said courts shall Interchange
circuits with each other. IN such manner a!
may be prescribed by law; and shall receive
for their services a compensation to be fxet
by law, which shall not be diminished DURING
their continuance IN Office.
SEC. 16. a separate superior court Of chan
Gerry shall be established, with full jurisdiction
in all matters Of equity: Prorided, hoaoeper
The legislature may give to the circuit courts