Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1862-01-14

cases where the matter in controversy, exclusive
costs less than one hundred dollars except in con
rOverses concerning the title or boundaries of land
the prooat OF will, the appointment or quali6ca
tion of personal representative, guardian, commit
or landing, or the right of corporations or of coun
ty, to levy tolls and taxes. in cases involving free
dom or the constitutonalitv of law
B. There snail De TWO courts of appeal, to consist
three judges each, any two of whom shall make
quorum; one of these shall be court of equity the
other court of law. - ~
| 4. The State shall be divided into not less than
twenty-one Juoiclai circuits, which shall remain
now established until altered by the General Assem-
bly,. For each circuit Judge shall be appointed who
during his continuance in office shall reside in the
circuit OF which he is judge, and hold court at least
twice year in every county and CORPORATION thereof
in which Circuit Court is established: but Judge
of circuit may hold in any other circuit
The number OF circuit courts shall not be increased
except by the concurrent of majority of all the
members elected to each House of the General As
sembly; and with the concurrence of majority of
the members elected 10 each House, provision may be
made for more than one Judge in city or town.
S. 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
nlssOned by the Governor and shall hold their offices
during good behavior, until they attain the age of
seventy years, until removed in the manner pre-
scrbed by this Constitution, and SHALL at the same
time hold ne other office, appointment, public
trust and the acceptance thereof by either of them
shall vacate his official office 80. =
g. The Judges shall receive ixed and adequate sal
aries which snail not be diminished during their con-
tnuance in office. The salaries of the Judges of the
courts of appeal shall be less than thousand
dollars each, ana that OF judge of the circuit court
not less than two thOusand dollars per annup except
the salary of the Judge of the fifth circuit which shall
not be less than fifteen hundred dollars per annum
and esch shall have reasonable allowance for
sary travel.
| Z. The judges may be removed from Office by con-
current Of boh Houses Of the General Assembly,
but majority of all the members elected to each
House concur in such vote and the cause of re-
moval shall be enteredon the journal of each House.
The Judge against whom the General Assembly may
be about to proceed shall receive notice thereof p
such manner may De prescribed by law, accOmpa-
MED by copy of the causes alleged tor his removal at
lesst twenty days before the day on which either
House of the General Assembly shall act thereon.
8. 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 a greater number.
$. Each county shall be laid Oft into districts as
nearly equal as may be IN territory and population
In each district four justices of the peace shall be
chosen by the qualified voters thereof, who shall be
commissioned by the GOVERNOR reside IN their respect
DISTRICTS and be at the time OF their election quail
fed of the Commonw eal.h. and hold their Of
fees for the term OF twelve years. at the first
after the election and qualification of the JUSTICE I'M
der this Constitution, soon thereafter may be,
they shall be divided into four classes each class
Dered by lot The of service of the first class
shall expire at the end OF three years. OF the second
class the end OF six years. OF the third class at the
end Of nine years. and OF the fourth class at the end
of twelve years. and this alienation shall be contin-
ued so that one-fourth of the justices may be chosen
every third year. Vacancies occurring in the office of
,ustice after the first election shall be filled by the
justices of the county, they having been first
ed for the purpose, and majority of those present
shall be necessary to make an election. The term of
the justice elected shall at the end of the
term which his predecessor was elected The JUS
tees of each county shall select of their body
to be the presiding justice OF the county of their
county whose duty shall be to attend each of
the said The other Justices shall be classified
by law for the performance OF their duties in court.
10. The justices may receive for their services in
court per diem compensation, to be ascertaned by
| law and paid out OF the county treasury; but they
shall not receive any fec emoument tor other judi
| cal services.
| H. The power and and jurisdiction of justices of
the peace within thear respective counties stall be
prescribed by law.
70 The officers of the Courts of Appeal, and of the
special Courts of Appeal shall be appointed by the
said Courts respectively or by the Judges thereof in
vacation, and their dues. compensation and tenure
of Office, shall be prescribed by law.
| 49, Clerks and Attorneys for the Commonwealth
for the Circuit Courts, shall be appointed by the Cir
cult Courts by the judges thereof and Clerks and
| Attorneys for the Commonwealth for the County
Courts Shall be appointed by such Courts respective
w. for the years. and their duties and
pensaon shall be prescribed by law. They shall be
removed from office by their respective Courts but In
every of removal the cause thereof shall be
tered of record in the Court by which the removal
was made. Vacancies in said offices shall be filled by
the Courts respectively IN which they .s
| Ia. The Attorney General shall be appointed by
Joint vote of the two Houses OF the General Assem-
| bly,, and commissioned by the GOVERNOR and shall
hold his Office during the pleasure OF the General AS
semby.. sE7l~-s-ii it.44- ts}t ~ Is3 So 3
/ l5 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 person commissioned rs sheriff
for term shall be nominated Tor another term,
less prior to such nomination he shall have duly
counted for all public dues that may have come into
| his hands. 1tH 1-t.l.i ---ss
16. Coroners constables, surveyors, commissioners
of the revenue and Of the poor shall be APP
pointed by the county courts, and tine terms of their
office shall be prescribed by the General ssemby
II. Justices of the peace shers attorneys for the
Commonwealth clerks of the courts, and all other
county officers, shall be subject to indictment for
mafeasance, misfeasance neglect of official duty
and, upon conviction thereof their Offices shall be-
4 come vacant.
| Il. 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 telonles mIsdemeanors
| 49, 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
mssoners of the Board Of Public Works, shall con
tinue to discharge the duties OF their respective Of
fees after the terms of their service have expired
til their QualIned. 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
"aganst the peace and dignity of the Commonwealth"
CORPORATION COURTS AND OFFICERS.
80. The General Assembly may vest such jurisdic-
ton as shall lie deemed proper in corporation courts
and in the magistrates who shall belong to the cor
porate body. The mayor. other chief magistrate,
the aldermen in cities and towns having hastings
courts and members of the counci other legsla-
tive body of cities and Incorporated towns shall be
elected bY the qualified voters thereof Attorneys for
the Commonwealth clergs sergeants and constables,
shall be appointed by the corporation courts. Sher-
IFS if they act the officers OF the corporation courts
shall be nominated by such courts, otherwise they
shall be nominated by the circuit court of the city
town IN which they aot 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 SIX years. and shall be removable from Office
by their respective courts but in every of
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
thousand eight hundred and sixty-one, and in the
eli ghty sixth year of the Commonwealth of Virginia.
| T.