The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-10-13
ARTICLE =
CONCERNING TIE JUDICIAL DEPARTMENT..

SIC. /. The judicial power of tha Common
wealth, both 10 matters of law and equity,
shall be vested in supreme court, which shall
be stye the court of appeals, and IN sue interior
courts as the General Assembly may, irom time
10 time, erect and establish.
SEC 2 The court of appeals shall have ap-
pellate jurisdiction only, which shall be eo-ex-
| tensve with the State, uncer such restrictions
| and regulations, not repugnant TO this consItn-
ton, as may, from time 10 time, be prescribed by
| law.
| SEC. 3. The judges Of the court OF appeals
shall hold their Offices for the term Of eight years,
and until their successors shall be duly qualified,
subject 10 the conditions hereinafter prescribed;
but for any reasonable cause, which shat not be
| sufficient ground of impeachment, the Governor
| shall remove any OF them oa the address OF two
thirds of each house of the General Assembly:
| Provided h0reUer, That the cause or causes for
| which such removal may be required, shall be
stated at length in such address, and ON The jour
| nal of each house. They shall, al stated times,
| receive for their services an adequate comPensa-
ton, 10 be fixed by law.
SEC. L. The court of appeals shall consist of
| four judges, any three of whom may constitute
| quorum for the transaction of business. The
Judges shall, by virtue of their office, &c conser-
vstors of the peace Throughout the State. The
1 STYLE of all process shall be, "The Common
wealth of Kentucky" All prosecutions shall be
| carried on in the name, and by the authority Of
the Commonwealth of Kentucky, and conclude,
"sgainst the peace and dignity Of the same"
SKc s. The general assembly, at its first SEES
sion after the adoption OF this constitution, shall
divide the State into four appellate court Districts
in each OF which districts the qualified voters
therein shall elect one judge OF the court OF aP-
peas.
SEC. 6. The judges first elected shall serve as
| follows, to-wit: one shall serve two years; one
shall serve four years; one shall serve SIX years,
and the other shall serve eight years. he Judges
al the first term OF the court succeeding heir cleo
ton, shall determine by lot, the lergih OF time
which each one shall serve; and at the expiration
of the service OF each, an election in the proper
district shall take place TO fill the vacancy. The
Judge having the shortest time 10 serve shall be
styled the Chief Justice OF Kentucky.
SEC. z. liza vacancy shall occur in said court,
| by death, resignation, removal, or otherwise, the
Governor shall issue writ of election 10 the dis
uict in which such Judge was elected, and another
Judge shall elected by that district, To serve I'M
Ill the expiration OF the time for which the Judge
was elected, whose death, resignston, removal,
or other cause, produced such vacancy.
: SEs. s. Any citizen of the United States who has
attained the age of thirty years, and who is resi-
dent of the appellate district for which he may be
chosen, and who has been practising lawyer IN
the of this State for at least eight years, or
whose practice al the bar, and service upon the
bench Of any court in this state shall, together be
equal TO eight years, shall be eligible To the ofee
ofjudge Of the court OF appeals.
SEQ. 9. The court of appeals shall hold Its SEES.
, slons In each appellate dstrct al sucI uhes anu
law. ~ ' ' "
SEC. 10. The first election Of the judges of the
court of appeals shall take place on the day
Of, and every two years thereafter, In the
district in which vacancy may occur, by eIpira'
ton of the term of office; and the judges OF the
said court shall be commissioned by the governor.
SEC. IL. There shall be elected, in each appel
! late district, BY the qualified voters thereof, a
clerk of the court of appeals for such district, who
shall hold his Office for the term Of eight years,
and who may be removed by the court OF appeals
: for good cause, upon information by the attorney
= general.
SEC. II. No person shall be eligible as clerk
unless he is a citizen of the United States. resi-
dent of the district in which he may be elected, o
the age of twentyone years, and have, at the time
of such election, certificate ofhs qualifications
L from the judges of the court of appeals.
SEC. IS. In case of the vacancy in The office o
clerk of the court OF appeals In any district, 10
!, any cause, the governor shall issue writ OF cleo
ton TO that district, and the qualified voters there
Of shall elect clerk for that district TO serve un
V i'll the end of the term for which the clerk wa
elected whose vacancy Is to be filled.
SEC. IA. The legislature shall provide, by law
}. for the mode and manner OF conducting and ma
} king due returns, 10 the secretary OF state OF al
elections of the judges and clerks of the court
appeals, and of determining contested elections Q
| any of those officers.
!. Ordered 10 be printed and made the special oil
3, der for Monday.
D. Mr.. Rudd offered a resolution limiting the pows
of towns, cities and counties to loan OF sell II
credit in aid of individual corporations; ordered
v. be printed and referred TO a committee.
=. The resolution TO furnish the members with
\. certain number of Common wealths ard Yeoman'
ID for gratuitous distribution, was again brought
and after very lengthy and tiresome discussion
was adopted by vote oil Al TO 80.
Messrs. Garrett Davis and 6. w. Williams hay
obtained leave Of absence for few days, to atten
" the Bourbon court.
w | believe neglected to mention In my lett
concerning the Fairbank pardon, that Hon. Hen
Clay was one OF the signers TO the petition fro
Lexington for said pardon.
Up Major Lecompte is here, determined to press
as claim TO the seat now occupied by l.. r. Nutta
lie He bases his claim upon the facts-hat the po
books show, upon their face, that ae has m
jority of the whole vote cast; that several Petso
%, voted for Nuttall who are not citizens OF Hen
county; that several voted for said Nuttall wi
were under 81 years of age; and that Others dup
nj Gated their votes for his competitor. Mr. Mutt
Ar Yesterday made verbal statement to the Conve
I'd ton, in which he said, that, although the Pc
books, as they now stand do show majority
=, MA oeunuetitor. he will prove that Duch was