Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1861-12-24

cases where the matter In controversy exclusive
costs is less than hundred dollars except
troversies concerning the title boundaries OF land
the probat OF will, the appointment or qualihca-
ton of personal representative, guardian, commit
tee or curator concerning mill, road way, Terry
or landing, the right of corporation, or OF coun
ty, to levy tolls and in involving nee
dom the constutionalitv of q law. .rof
s. There shall be two courts of appeal to consist OF
three judges each, any two of whom shall make
quorum of these shall be court of equity, the
other court of law. t4..s ..--
& The State shall be divided into not less than
twenty -one judicial circuits, which shall remain -
now established, until altered by the General Assem-
bly,. For each circuit Judge shall be appointsd me
during his continuance in Office shall reside In the
circuit of which he is judge and hold court IT least
twice year in every county and corporation Thereon
in which Circuit Court is established; but Judge
of one circuit may hold court in any other circuit
The number of circuit courts snail not be increased
excspt by the concurrent vote of majority OF Ali the
members elected to each House Of the General As
sembly; and with the concurrence of majolity OF
the members elected each House. provision may Be
made for more than one Judge in city or town.
g. The Judges of the Court of Appeals and Of the
Circuit Courts shall BE- appointed BY joint vote OF
the two Houses of the General Assembly, COM
nssioned by the Governor and shall hold their ecaA
during good behavior until they attain the age OF
seventy years. or until removed In the manner PIE
seribed by ths CenstItut0n. and shall, At ths same
time hold no other Office, appointment, or public
trust and acceptance thereof by either Of theu
shall yscate his official office. ~, i.
s The Judges shall receive fixed and adequate sal
aries hch snalno be diminished during their con-
tinuance in Office. The salaries Of the judges OF the
courts Of appeal shall not be less than three thousand
dollars each and that judge Of the circuit
not less than thousand dollars per snnum except
the salary of the judge of the fifth circuit which shall
not be less than fifteen hundred dollars per annum ;
and shall have reasonable allowance for nscss.
sary travel. .s..g
vote of both Houses of the General Assembly
but q majority Of sll the members elected to each
House in such vote and the cause of
moya shall be entered ON the journal of each House.
The Judge against whom the General Assembly may
be about proceed, shall receive notice thereof, in
such manner may be prescribed by law, ascompa-
MED by copy Of the causes alleged tor his rsovs q
leSst twenty days before the day which either
House of the General Assembly shall act thereon.
s. There shall be county court in each county of
the Commonwealth, which shall be held monthly, by
three justices of the peace except when the Law shall
require the presence OF greater number.
v. Each county shall be laid off into districts o.
nearly equal may be IN territory and population
chosen by the qualified voters thereof Who shall be
commissioned by the Governor resids their respect
i've DISTRICTS and be the time of their election Qusl-
fed voters of the Commonwealth and hold their Of
foes for the term of twelve years At the rst court
after the election and quaihcation of the JUSTICE
der this ConBtltution, thereafter may be,
they shall be divided into four classes each cass TO
consist of justice from each district to be num-
bered by lot. The term OF of the first csss
sha expire at the end of three years of the second
class the end of years uf the third class ct the
end OF nine ana OF the fourth class e the end
of twelve year, and this slernRhon shall be sonIin
ued that Onefourth of the Justices may be chosen
every third year. Vacancies occurring toe Office of
JUSTICE after the first election shall be filed by the
justices of the county, they having boon first summon
ed for the purpose, aud majority Of prsssnt
shall be necessary make election. The term of
the justice elected shall pre the end of shs
term for which his predecessor elected. The JUS
0f Of h,dy
to be the preding justice of the county Of their
county whose duty shall be to attend each
the said court The other justices shall be classified
By law for the performance of their duties court.
TO- The justices may receive for their services in
court per diem compensation to be ascertsiasd By
law and paldsout of the county treasury but they
ciai services
IL. The power and and jurisdiction of justices OF
the peace within their respective counties shall be
prescribed By law. Al-f
H. The officers of the Courts of Appeal aad Of the
special Courts of Appeal shall be appointed by The
said Courts respectively or by the Judges thereof in
vacation and their duties, compensation and tenure
OF office, shall be prescribed by law. +
IL. Clerks and Attorneys for the Common salth,
for the Circuit Courts shall be appointed By tbs Cir
cult Courts or BY the judges thereo aud CLERKS and
Attorneys for the Commonwealth for the County
Courts shall be appointed By such Courts respective
ly for the of six years. aud duties and COM
pensaon shall b. prescribed by law. Thsy shall be
reov ed from Office by their respective Courts bat in
every case of Il The cause thereof shall be en-
tered of record in tine Court by which the rsmov 81
was mace. Vacancies in said Offices shall be filled by
the Courts respectively IN which they occur.
IA. The Attorney General shall be appointed b.
joint vote of the two Houses the General Assem-.
bly,. and commissioned by the Governor, and shall
hold his Office during tine pleasure of the General A.
sembly.
Is. Sherifs shall be nominated by the respective
county courts, and when appointed by the Governor
shall be commissioned by him. and hold their Offices
for two years. but per commissioned - sherif
for one term shall be noninsted another terra un.
less prior such nomination he shall have duly &C.
counted for all public dues that may have come into
his hands. -.5 +.
Is. Coroners constables surveyors commissioner
of the revenue and of the poor shall be
pointed by the county courts, and the terms of their
office shall be prescribed by the General Assembly.
IT. Justices of the peace, sheris attorneys for the
Commonwealth, clerks of the courts, and AL other
county of GERS, shall be subject to Indictment for
malfeasanc misfeasanoe, or neglect of official duty
and upon conviction thereof their Offices shall be-
come vacant. s ,f,s s.
49, The General Assembly shall provide for the
compensation of jurors but appropriations for that
purpose shall not be made from the State Treasury
except in prosecutions for feIones mlsdsmeanors
Is. The cases remaining in the District Courts
when this Constitution adopted shall be removed
for trial into the Courts of Appeal.
20. Judges and all other officers, except the Com
missioners of the Board of Public Works, shall con
tinue discharge the duties of their respective Of
fees after the terms of their service have expired
til their successors qualified. The Commissioners
of the Board of Public WORKS shall continue in office
until otherwise provided by the General Assembly.
81. Writs shall run in the name of the Common
wealth of Virginia and be atttsted by the clerks of
the several courts. Indictments shall conclude
against the peace and dignity of the Commonwealth
81 CORPORATION COURTS AND OFFICERS.
90. The General Assembly may vest such jurisdic-
ton shall &c deemed proper in corporation courts
and in the magistrates who shall belong TO the cor
porate body. The mayor, or other chief magistrate
the aldermen in cities and towns having hustinss
courts and members of the council or other ieaisls
tive body, of Giles and Incorporated towns, ssu be
elected By the qualified voters thereof Atterneys for
the Commonwealth, clergs, sergeants and constabes
shall be appointed by the corporation courts Sher-
IFS If they act the officers OF the
shall be nominated by such courts, otherwise the,
shall be nominated by the circuit court of the city or
town In which they act, and shall in either case be
commissioned By the Governor. All other officers
shall be chosen by the council or legislative BODY
Clerks and attorneys for the Commonwealth or cor.
portion courts shall hold office respectively for the
term of years, and shall be removable from Office
by their respective courts but in every case of reno
val the cause thereof shall be entered of record in
the court by which the removal was made
. Done in Convention, In the city of Richmond, ON
the fifth day of December in the year of our Lord Ole
thousand eight hundred and sixty and in the
" ROBERT L. MONTAGUE,
President of the Convention
JOHN L. EUBANK,
Secretary of the Convention.
SCHEDULE.
l. It shall be the duty of the President OF this Con-
ventien immediately its adjournment to certify to
the Governor copy of the Bill of Rights and Con.
stltution adopted together with this schedule -