Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1862-01-21


ton of personal representative, guardian, commit
tee Or curator or concerning mill, road way, ferry
or landing the right of corporation, or of coun
ty to levy tolls and taxes or in cases involving free
dom the constitutonality of o law.
g. There shall be two courts of appeal to consist Of
three judges each, any two of whom shall make a
quorum one of these shall be court of equity, the
other q court of law. f.s
4. The State shalt be divided into not less than
twenty-one judicial circuits, which shall remain as
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 court in any other circuit
The number OF circuit courts shall not be increased
except by the concurrent vote Of majority of all the
members elected to each House Of the General As
semby; and with the concurrence of majority of
the members elected to each House, provision may be
made for more than one Judge in a city or town.
5. 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
during good behavior or until they attain the age of
seventh years, until removed in the manner pre-
scribed by this Constitution, and SHALL at the same
time hold no other office, appointment, or public
trust; and the acceptance thereof by either of them
shall vacate his official Office.
g. The Judges shall receive fixed and adequate SAL
aries which shall not be diminished during their
tlnuance in Office The salaries of the judges Of the
dollars each and th of judge of the circuit court
not less than two thousand dollars per annum except
the salary of the judge of the fifth circuit which shall
not be less than fifteen hundred dollars per annum
and each shall nave reasonable allowance for neceS'
sary travel.
I. The judges may be removed from Office by con.
current vote of both Houses OF the General Assembly,
but majority Of all the members elected to each
House must concur in such vote and the cause of
moval shall be entered on the jonrnal of each House.
The Judge against whom the General Assembly may
be about to proceed, shall receive notice thereof in
such manner as may be prescribed by law, accompa-
MED by copy Of the alleged for his removal at
leest twenty days before the day On 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.
$. Each county shall be laid of into districts as
nearly equal as may be In territory and popuation-
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
i've districts, and be at the time of their election quail
fed voters Of the Commonwealth, and hold their Of
fees for the term of twelve years. At the first court
after the eeetlon and qualification of the justice,
der this Constitution or as soon thereaer as may be,
they shall be divided into four classes each class to
consist OF one justice from each district, to be
bered by lot. The term OF service of the first class
shall expire at the end of three years. of the second
class at 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 onefourth of the .etices may be chosen
every third year. Vacancies occurring in the office of
Justice, after the first election shall De filed by the
justices of the county, they having been first summon
ed for the purpose, and majority of those present
shall be necessary to make an election. The term OF
the Justice SO elected shall expire at the end of the
term for which his predecessor was eleced. The Jas
tees of each county shall select OF their body
to be the presiding justice of the county court of their
county, whose duty shall be to attend each term OF
the said court The other justices shall be classified
No. aofth rufIa in IF
10. The Justices may receive for their services in
court per diem compensation, to be ascertained by
law and paid out of the county treasury; but they
shall net receive any fee emolument for other judi
cial services.
IL. The power and and jurisdiction of justices OF
the peace within their respective counties shall 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 bg the Judges thereof in
vacation, and their duties, compensation, and tenure
of office shall be prescribed by law.
Is. 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 fer the commonwealth for the County
Courts shall be appointed by such Courts respective
w. for the term of years. and their duties and
pensation shall be prescribed by law. They shall be
removed from Office by their respective Courts; but in
every case 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 occur.
D..
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
sembly.
county courts and when appointed by the Governor,
shall be commissioned by him, and hold their Offices
for tive years, but person commissioned as sheriff
for one term shall be nominated for another term
less prior to such nomination he shall have duly
counted fo- all public dues that may have come into
his hands.
IT, Coroners, constables surveyors, commissioners
of the revenue and overseers of the poor, shall be
pointed by the county courts and the 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 a.. other
county officers, shall be subject to indictment for
mafeasancs misteasance, or neglect OF official duty
and upon conviction thereof, their offices shall be-
come vacant.
ls. 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 felonies mlsdemeanors
10. The cases remaining in the district Courts
when this Constitution Is adopted shall be removed
for trial into the Courts of Appeal.
30. Judges and all other officers, except the Com
missiopers 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 qualified. The Commissioners
of the Board of Public Works shall continue in office
ntll otherwise provided by the General Assembly.
81. Writs shall run in the name OF the Common
wealth of Virginia. and be attic sted by the clerks OF
the several courts. Indictments shall conclude
against the peace and dignity of the Commonwealth
CORPORATION COURTS AND oFF1cERs
49, The General Assembly may vest such jurisdic
ton shall he deemed proper in corporation courts
and in the magistrates who shall belong to the
porate body. The mayor, or other chief magistrate
the aldermen in cities and towns having hustngi
courts; and members of the council other legsla
tive body, Of cities and Incorporated towns, shall bs
elected by the qualified voters thereof Attorneys fol
the Commonwealth, Clerks 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 which they act, and shall in either case bs
commissioned by the Governor All other officer.
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 movable from Office
by their respective courts but in every case of
VAL the thereof shall be entered of record il
| the court by which the removal was made
Done in Convention, IN the city of Richmond, OF
the fifth day of December, in the year Of our Lord ON
| thousand eight hundred and sixty-one, and in tn
eighty sixth year of the Commonwealth of Virginia
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
yenton, immediately on its adjournment to certify
the Governor copy of the Bill of Rights and Con
stltution adopted together with this schedule.
2. Upon The receipt of such certified copy the Gov
ernor shall forthwith announce the fact By procama
ton to be published in such newspapers of the Stat
ho for