The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-20
ARTICLE ".
JUDICIAL DEPARTMENT.

SEC |. The judicial power, as to all matters of
law and equity shall be vested in one Supreme
Court and in such other inferior courts as the Le-
gislature may, from time to time establish.
. The Supreme Court shall consist Of n Chief
Justice and three Associate Justices.
g. The Supreme Court shall have appellate Juris
dicton only; and in no cases shall trial by jury
be allowed in this Court. IL shall have general
experimenting control over all inferior courts. II
shall have power 10 issue wrts of habeas corpus,
mandamus, quo warranto, certiorari, and other
original and remedial writs, and to hear and deter
mine the same.
1. The State shall be divided into three circuits,
until the first general enumeration Of all its inhab-
itauts shall have been made, or the Legislature
shall otherwise direct, follows: The counties Of
Bcrnallllo and Valencia shall compose the southern
circuit the counties of Santa Anna, Santa Fe, and
San Miguel, the central circuit; and the counties
of Taos and Rio Arriva the northern circuit. In
each county OF each circuit Circuit Court shall be
held not less than three times in each year In each
circuit of the Associate Justices of the Supreme
Court shall be the Judge thereof
D. After the first enumeration of all the inhabit
ants of this State, in the year 1851, in such manner
shall be prescribed by law, the Legislature shall
divide the State into four circuits, in each of which
of the four Judges of the Supreme Court shall
be appointed TO hold Circuit Court not less than
four times in each year in each county.
q. The jurisdiction of said Circuit Courts shall be
prescribed by law, and the times and places OF
holding the
7. No Judge of the Supreme Court shall sit
j
nation of any cause which he, as a Circuit
Judge, has sat on its final determination.
| 5. The Judges of the Supreme Court may be re
moved from office, for any cause which 10 not suf-
ficient ground for impeachment, the address OF
! two thirds of the members of both Houses.
9. The Judges of the Supreme Court shall be APP
pointed by the Governor, with the consent of both
Houses OF the Legislature in Joint ballot; and shall
hold their offices for the term of six years, and
til their successors be duly nominated and quail
! fed.
10. On the trial of any cause brought up by APP
peal from Circuit Court, three Of the Judges OF
the Supreme Court shall be necessary for quo
IL. The Judges of the Supreme Court, or ma
ority of them, shall appoint the clerks of the Su
preme Court, The Judges of the Circuit Courts
shall respectively appoint their own clerks,
u. All processes writs, and proceedings, shall
be carried on by the "name and authority of the
State of New Mexico" and shall conclude in the
words, against the peace and dignity of the same
10. A competent number Of Justices of the Peace
shall be elected by the people in each county, in
such manner as the Legislature may direct, whose
term of office, powers and duties shall be regu-
! lated and defined by law.
Ia. All judicial officers, whether elected or APP
| pointed, shall be commissioned by the Governor
Is. Prosecuting attorneys for the State, In the
| several circuit courts, shall be elected by both
houses of the Legislature in Joint ballot and COM
/ missioned by the Governor.
10. An Attorney General shall be appointed by
both houses of the Legislature in joint ballot, and
commissioned by the Governor. His duties and
term Of office, attorney general and prosecuting
attorney, shall be regulated, by law.
! II. The Judges of the Supreme Court, by virtue
Of their offices, shall be conservaors OF the peace
/ throughout the State.
/ Is. The times and places of holding the supreme
court shall be regulated and defined by law.
10. The Legislature shall pass laws for the estab
! shmcnt and regulation Of tribunals Of cOnclia-
ton, defining their powers and duties. Such tri-
bunals shall have power TO render judgment 70 be
obligatory the parties, when they shall youn
tarily submit their matters of difference to arbi
tration, and agree TO abide the judgment assent
| thereto in writing.
20. The Legislature shall provide by law for the
speedy publication Of all statute laws and judicial
decisions, made within the State, may be deemed
cxpedient
D. Sherifis and constables shall be elected by the
qualified electors of each of the counties, whose
term Of Office and duties shall be regulated and de-
fined by law.