Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-06-16

The State shall be divided into circuits, as
equally as may be, having regard to the population and
business done in each circuit, and for each circuit
Judge shall be elected by the persons who may be enti
tied to vote in that circuit for members of the General
Assembly, who shall hold his office for the term ten
years. But he may be removed from office in the
manner prescribed tor the removal of Judges of the
Court OF Appeals, and when removed shall be forever
after ncapab BILE OF holding any office in this State if re-
moved tor any affecting his moral character. He
shall hold in each county in his circuit court for the
trial OF causes, at least three times 10 each year. dvi
ding the year equally into three parts; and the court
over which he presides shall have original jurisdiction
in controversy shall be 800, and in cases of wills
mills roads, writs of habeas corpus mandamus and all
criminal causes which the Legislature shall not assign
exclusively some other tribunal and shall have an.
pelate jurisdiction in all other in which the
Legislature may authorize appeal writ of error, or
supersedeas, TO be awarded by ii the judgment de-
cree OF any inferior court and the Legis ature may by
law assign to any Circuit Court the duty of hearing
and deciding, in the manner to be prescribed by law,
any civil cause, motion, or penal action in which the
State is party. The Judges of the said Courts shall
receive adequate compensation Tor their services VIII ch
shall be fixed by law and shall not be diminished during
their continuance in office. The Legislature may,
whenever in the concurring opinion OF both houses the
public interest shall require 1t, abolish Circuit oth0
inferior Courts but the abolition of the shall not
deprive the Judge of that of his right his salary
and the Legislature may assign other Judicial duties to
him for the residue OF the term for which he elect
ed The Judges OF the Circuit Courts shall be conser
vators of the peace.
S. The Clerks Of the Circuit Courts shall be elected
by the persons in the several counties who are autho
rlzed to vote for members of the General Assembly
They shall hold their offices for five years. and receive
such compensation for their services as shall be
prescribed by law. But they may be removed from Of
flee by the courtn the manner in which the Clerk OF
the Court of Appeals may be removed.
e. The trial BY jury shall be preserved in all crmi-
nal causes, and in all suits at law, unless dispensed
with by the consent ofthe plaintiff and defendant en-
tered upon the record, and in chancery causes the
court ay mpannel jury to try any question of fact
when it shall deem it expedient TO do so.
T. In the trial OF criminal causes the Jury shall be the
Judges OF both law and fac unless the defendant shall
ask the court to expound the law and shall do So
which the jury shall be bound to conform to the
decision Of the court. But tin civil the jury shall
be bound by the decision of the as to the law
when expounded by it on the motion OF either plaintiff
or defendant
g. In criminal causes the court may grant new
trial 10 the defendant whene in its opinion the YER
dict against him is erroneous; but in civil causes shall
have the power to grant but one trial to either
party, unless the party asking new trial will give
shall be rendered against him, in which case it may
grant second new trial.
y he Legislature may create any other inferior |
courts which it may deem necessary and prescribe |
their duties and compensation And may, after every
census the circuits and increase or diminish
the number OF Circuit Judges the public interest |
may require. But no law establishing new inferior
court, shall take effect until it has been submitted to
the people at the polls, and approved by majority OF
the qualified voters.
THE DISTRICT COURTS.
TO- The State shall be divided nlo five districts as |
equally as may be, having regard to the population
and the business done in the ric in each of which
court shall h. held twice in each year, to be com.
posed Of two Judges of the Circuit Cours and one |
Judge Of the Supreme Court who shall be designated
by law, any two OF whom may form court The said
court shall have original jurisdiction in all causes in
which the value in controversy is $500 and urisdic
ton in such crimna causes The Legislature m as
sign to it and appellate Jurisdiction in all causes which
have been decided by he Circuit Courts in which the
value in con roversy is not more han 5000, and in
OF wills mills and roads and in such criminal
as the Legislature may authorize it to hear and
decide The Legislature may, by law, assign to the
said court the duty OF hearing by appeal or otherwise
any civil cause, motion or penal action in which the
State is party.
H. The Sheriff of the county in which district Court
is held shall attend the said court, and perform all the
duties which may be required of sheriff. and he shall
receive therefor, the compensation allowed by law,
for similar services performed by shes for the Circuit
Courts
70. The Clerks ofthe District Courts shall be ap.
pointed by those courts respectively. They shall hold
the offices tor hive years. and receive such compensa-
ton Tor their services as may he prescribed by
aw but they may be removed from office by The couri,
in the manner in which the Clerk of The Court of Ap
peals may be removed.
10 The Legislature shall prescribe the manner offs.
suing executing, and returning all process from the
courts and the proper penalties upon officers who fail
to perform their duties touching the process.
QUALIFICATIONS OF JueEs
a. No person shall be eligible to the office of Judge
OF the Court OF Appeals or Circuit Courts unless he be
a citizen of This Commonwealth actually residing there
10 at the time Of his election and for five wears next
preceding t. at least thirty years of age and have been
p actsing lawyer in the Circuit Courts at least five
years before his election No Judge shall be eligible to
any Office place. post of any kind during his coatin
uance in office, and the acceptance OF any Office place.
post by him. shall instantly vacae his Office of Judge
shall any Judge be eligible to any political office
until twelve months alter his term of service as Judge
shall have expired.
ELECTION JUDGES.
Is. The election OF Judges shall be held on such DAYS
and at such places as the Legislature shall prescribe
Provided that no election of Judge shall be held on
the same day, or within month of the day OF the
election OF Governor, members of the Legislature or
members OF Congress- and no man shall be capable
OF holding the office OF Judge who shall attend at any
place OF election, the day OF election, or who shall
solicit votes for himself otherwise than BY simple an
nouncement Of the fact that he is candidates and if he
shall be convicted OF having done So upon presentment
indictment or information, to be tried in the manner
prescribed by law, he shall pay fine to the Common
wealth OF $780, besides the cost of the prosecution: be
removed from Office and be forever incapable of hold
ing any office in this State; and if presentment or in.
dctment be found against him, for such offence in his
court il shall be the duty Of The clerk of the court
forthwith to transmit copy OF tito the Judge of anoth-
er circuit who shall, as soon may be- order the proper
process upon it, and proceed to The county in which the
presenment has been made and the offender accord
ing TO law.
ELECTION OF CLERKS.
IT, The Clerks of the Circui, Courts shall be elected
such days and at such places the Legislature may
by law appoint Provided they shall occur on the
day OF election OF Governor, members oil the Legisa
ture or members of Congress.
II. The courts this Commonwealth, and the Judges
and Justices thereof shall respectively have exercise
and perform all the jurisdiction power, authorizes and
duties with which they invested, and which are
now required OF them by this Constitution, and by the
laws now in force, not Inconsistent with this Conslitu
tion and such may be hereafter passed in conformity
with it.
Is. The commissions of the Judges shall be issued
by the Governor, and run in the of "The State
Of Virginia"
10. The Legislature shall by law prescribe the mode
Of determining all contested elections.
ATTORNEY GENERAL
90 There shall be one Attorney General, who shall
De elected by the persons qualified vote tor members
'f the General Assembly, and hold his office for the
period OF three years. He shall be provided with an
'tfce in Richmond and in Lewsburg, at such
'her ace as the Western Court of Appeals may meet
II, and receive an adequate salary. The Legislature
he his duiles the salaru shal be di-