Daily national Democrat., 1860-02-01

ARTICLE vi.
THE JUDICIAL DEPARTMENT.
SECTION |. The Judicial power of the State sbai
DE- tes'eG III supreme Court, District Courts
Efooate Courts, Justices Courts and a.cb NJ;
Glpai Courts as the Legislature NAV establisb i
Incorporated Cities. II
The NUMBER, ELECTION. CLAssrp,c,r,o,, 49,,
COMPENSATION OF JUDGES, AND THEIR Trp,,s ~,
OFFICE. nm" NHAs o.
DEC z. The Supreme Court shall be comnosal
VI seven Judges. The Legislature shall d;vid,
lue olate into seven Supreme Judicial Distr;cts
AKA may alter the limits of the same from time :,
tihe as convenience may require. Each Distric
s sual oe entltled to elect one Supreme Judge. Thu
VI once OF the Supreme Judges shall be four
'ee years, provided that those elected at the frs
eIectoh under this amendment shall be classified
III thelr terms of office in the numerical order III
tnelr respective Districts 50 that one shall on ont
Oh once at the end of every two years. commenc
ing with the Judge of the first District. The
JIuuge holding the shortest term shall be Chic
JuStce. Inc concurrence of four shall he necas
sary to pronounce a final Judgment Five shall
CONSTITUTE quorum for the hearing of cases
SEc. .. The Legislature shall divide the State
INTO convenient number of Judicial Districts
ana may alter the limits and number of the same
as the Fublc convenience may require Dis
trlcV Judge Shall be elected by the qualified elect.
| DISTRICTS WhnEp
term OF office shall be six years, and who shall
hold the District Courts in the several counties in
their respective Districts.
DEC. i. A County Judge shall be elected in
each county whose term of office shall he f,nr
years de shall be the Judge of the Probate
O su OF the county, and shall also be Chairman
OF Tue Board of Supervisors of the countv unless
otherwise provided by the Legislature, and shall
perform such other duties whether executive min
isterlai, Judicial or mixed mot exclusively ASSIGN
eu 10 any other Court or officer as the LecisIa.
lure may prescribe. He shall also have the same
preliminary jurisdiction to enquire into the com
mission OF public oifenses as is or NAV be eonfar
req upon Justices of the Peace.
SEC. D. The Legislature shall provide for the
election and qualification of Justices of the Peace
whose terms of office shall be two wears. who
shall hold the Justices Courts mentioned in seq
tion and perform such other duties. whether
judicial, executive, ministerial or mixed, mot ex-
ciuslVey assigned to any other Court or officer
as the Legislature may prescribe. The Legisla-
ture shall prescribe their responsibility aud COM
pensatlon.
SEC 6. The Judges and Justices mentioned in
tins Article shall be elected on day separate fl ON
all other elections, and such election shall be call
ed Il General Judicial Election, and shall be held
every two years, to wit: commencing on the first
Monday Of October, A. d. 1862, and be held On
the same day every two years thereafter. The
terms Ut office Of the several Judges aud Justices
snail Commence on the first Monday of january
next after their election, whether elected for full
OF unexpired term.
SEC. T. Supreme, District and County JUDGES
shall not, during the Term for which they are
elected or appointed, be elig bic to any other Of
nee except judicial office, under the Federal or
State Government, and if they shall accent anv |
office under the Federal or State Government 9TH
er than a judicial office during the period for
which they may be elected or appointed, they |
GhsIl hn ENrn L. 1, I a
this State and shall be DISTINGUISHED If any Off
Ger of the State Government or any officer or
member fether or both branches of the Legisla- |
ture or OF Joint Convention shall vote for, or |
make, or sign, or seal certificate of election to |
any of said Judges during the term for which |
they were elected or appointed for any other than |
a judicial office, they shall be deemed guilty of
perjury In the violation of their oath Of Office,
and shall be forever ineligible to hold any office,
and barred from voting at any election.
SEC. 3. When vacancy occurs in any of the
offices OF Supreme, District or County Judge an
appointment shall be made by the Governor to
hill the vacancy until the next general judicial
election, at which time Judge shall be elected to
dill the vacancy and shall hold his office only to
fill the unexpired Term. In all cases the ncum-
bent shall hold till his successor is qualified.
SEC. 3. Whenever a Supreme Judge, District
Judge, or County Judge shall be absent from the
State by leave of the Legislature, the Governor !
act as Judge in place of the absent Judge during
such absence. The Judge so appointed shall draw
the salary Of the absent Judge during his absence
The Legislature shall have power to provide that
in specified cases of disqualification or inability of
the District Judge, parties to actions may stpu-
late that some other person learned in the law
shall preside as Judge, and try the cause, and in
such the trial and Judgment shall be as valid
as though tried by the regular Judge, and shall
be deemed and recorded as trial in Court. The
Legislature may also authorize the several Dis
trct and County Judges to hold Courts and per-
form all the duties of their respective offices out
of their respective Districts and counties in cases
Of disqualification, absence, or inability of the res
dent Judge.
SEC. TO- The Justices of the Supreme Court,
District Judges and County Judges, shall sever
" at stated times during their continuance in of
flee receive for their services compensation to be
paid out of lhe State Treasury which shall not be
diminished or increased during the term for
which they shall have been appointed or elected,
The amount ftheir respective salaries, payable in
equal monthly instalments at the end of each
month, shall be deemed appropriated by virtue of
this Article out of an adequate Special judicial
Fund, to b. set aside by the Treasurer of State
annually out OF the first revenue collected for each
fiscal year.