Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-04-23
The Proposed Constitution with Its
Alterations from, and Additions to,
the Constitution of 1851.
[CONTINUED.
ARTICLE VI.
THE JUDICIARY DEPARTMENT


Sec l. There shall be supreme court of ap-
peals, circuit courts, and county courts The
Jurisdiction of these tribunals, and the judges
thereof except so far as the same is conferred
BY this Constitution, shall be regulated by law.
Section 2 is a copy of section y OF chapter
VI. of the Constitution of 1S50-51, with this
proviso added Provided, That the assent OF a
majority of the judges elected:to the said court
shall be REQUIRED in order to declare any law
null and void by reason Of Its repugnance to
the Federal Constitution or the Constitution OF
Sec. 3. Special courts of appeal, to consist
of not less than three nor moro than five judges,
may be formed Of the judges of the supreme
court of appeals and OF the circuit courts, or
any of them, to try any cases On the dockets OF
said court in respect to which majority OF the
Judges thereof may be SO situated as to make 1t
improper for them to sit on the hearing OF the
same and also to try any cases on the said
docket which cannot be otherwise disposed OF
with convenient dispatch.
Section is copy Of section 3 OF chapter
vi. of the Constitution OF 1880. 81. r.
Sec. 5. The Judges shall bo chosen by the
Joint vote of the two houses Of the General
Assembly, and shall hold their Office for term
of twelve years; they shall, when chosen, have
held judicial station 10 the United States, or
shall have practised law in this or some other
State for FIVE years ill.,"
ISection is copy of section IS of chapter
VI.iof the Constitution Of l9505l. = 4 il
Sec. 7. The supreme court OF appeals shall
hold its sessions OF two or more places IN the
State, to be fixed by law.
[Section is a copy of section % Of chapter
VI. of the Constitution of lS50-5l. Section
9 is a list Of the judicial circuits, which VIC
have already published. Co.:
Sec. TO- The General Assembly may rear
range said circuits, or any of them, and increase
or diminish the number thereof, when tho pub
lie interest shall require it. 'E'!:. 2 0rE*
Sec. II. For each circuit judge shall be
chosen by the joint vote of the two Houses OF
for term of eight years, unless sooner gemov-
ed in the manner prescribed by this Constitu-
ton. He shall, henchoscn, possess the same
qualifications of judges of the supreme court of
appeals, and during his continuance in Office
shall reside in the circuit OF which he is Judge.
Sec. ~. A circuit court shall be held at least
twice year by the judge of each circuit, in
every county and corporation thereof, w. herein
circuit court is now or may hereafter be cs-
tablishcd But the judges may be required Or
authorized to hold the courts OF: their respec
tive circuits alternately, and the judge oil one
circuit TO hold court: in any other circuit
T.. COUNTY AND CORPORATION COURTS. '
.;.a..-,. t.. County Courts. "a;
Sec. 49, In each county of this Common.
wealth there shall be court called tho county
court, which shall be held monthly by judge
learned in the laws of tho State, and to be
known as the county court Judge: Proua1ed,
That counties containing less than eight thou
sand inhabitants shall be attached to adjoining
counties for the formation of, districts tor
county judges County court jud ges shall be
appointed in the same manner as judges OF the
circuit courts, shall hold their Office for term
of eight years, and during continuance in office
shall reside in their respective counties or dis
trcts The jurisdiction Of said county shall be
the same as that Of the existing county courts,
ton, or may be changed by law. County court
Judges shall be chosen in the same manner as
judges of the circuit courts They shall hold
their office for term of six years, except the
first term, under this Constitution, which shall
be three years and during their continuance
in office they shall reside in their respective
counties or districts. The jurisdiction of said
courts shall be the same as that OF the existing
county courts, except so far as 1t is modified by
this Constitution or may be changed by law.
GOVERNMENT OF CITIES AND TOWNS.
Sec. IA. For each city Or, town in the State
containing a population Of five thousand there
shall be elected on the joint vote of the two
Houses Of the General Assembly, one City
Judge, who shall hold Corporation or Hust-
ings Court of said city or town, as often and as
many days in each month as may be prescribed
by law, with similar jurisdiction, which may be
given by law, to the Circuit Courts Of this
State, and who shall hold his office for term
Of six (6) years :, Provided, That in cities or
towns containing thirty thousand (30,000) in
habitants, there may be elected an additional
separate and apart from the Corporation or
Hastings Courts, and perform such other duties
as shall be prescribed by law. q. "
Sec Is. Also, the following enumerated Off
GERS, who shall be elected by the qualified voters
of the said cities or towns One Clerk of the
Corporation or Hastings Court, who shall also
be the Clerk of the Circuit Court, except in
cities or towns containing population Of thirty
thousand (30,000) or more, in which city or
town there may be a separate Clerk for the
Circuit Court, who shall hold his Office for a
term of six years. ....r..l
Sec 16. One Commonwealth Attorney, who
shall be the Commonwealth 8 Attorney for the
Circuit Court, and shall hold his Office for the
term of two years.
Sec II. One City Sergeant, who shall hold
his Office for a term of two years.
Sec Is. One City or Town Treasurer,
whose duties shall be similar to those of Coun-
~ Treasurer, and shall hold his Office for a term
Of three years. ..a..
Sec 10. One Commissioner OF the Revo-
nue.. 81. -..... -E<..... ... .,< ~.
Sec. 20. There shall be chosen by the cleo
tors of every city Mayor, who shall be the
chief executive officer thereof, and who shall
see that the duties of the various city officers
are faithfully performed. He shall have pow
er to investigate their acts, have access to all
books and documents in their Offices, and may
examine them and their surbordinates on oath.
The evidence given by persons so examined
shall not be used against them in any criminal