Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-02-26

other inferior courts as the Legislature
Q shall from time TO time ordain and estab
lish In the Judges thereof, and in Justice:
: Of the Peace. The Legislature may also
Q vest such Jurisdiction in corporation
2 courts as may be deemed necessary; courts
: to be holden by Justices of the Peace
/ may also be established.
Q Sec. 2. The Supreme Court shall con-
: sist of i've judges, of whom not more than
! two shall reside in any one OF the grand
divisions OF the State. The judges shall
designate one of their own number who
7 shall preside as Chief Justice. The con-
curr snce of three of the judges shall
) in every case, be necessary to a de-
! cision. The jurisdiction of this court
{ shall be appellate only, under such re-
J strictions and regulations as may from
time to time be prescribed by law; but it
may possess such other jurisdiction as is
: now conferred by law on the present Su-
Preme Court; said court shall be held at
Knoxville, Nashville and Jackson.
Sec. 8. The Judges of the Supreme
: Court shall be elected by the qualified
voters of the State. The Legislature shall
have power to prescribe such rules as may
be necessary to carry out the provisions of
Section of this Article. Every Judge of
the Supreme Court shall be thirty-five
years Of age, and shall, before his cleo
tion, have been a resident of the State for
five years. His term of office shall be
eight years el a nlrr.- sE.
Sec. 4. The Judges of the Circuit and
! Chancery Courts, and of other inferior
courts, shall be elected by the qualified
voters of the district or circuit to which
they are to be assigned. Every Judge of
/ said courts shah be thirty years of age
and shall, before his election, haye been
resident of the State for five years, and of
! the circuit or district one year. His term
of service shall be eight years.
Sec. 5. An AttOrney-General and Ro-
| porter for the State shall be appointed by
the Judges of the Supreme Court, and
| shall hold his Office for term of eight
| years. An attorney for the State, for any
circuit or district for which Judge hav-
| ing criminal jurisdiction shall be provided
| by law, shall be elected by the qualified
voters of such circuit or district and shall
| hold his Office for a term of eight years,
and shall have been resident of the State
| five years. and of the circuit or district
! one year. In all cases where the attorney
for any district fails or refuses to attend
and prosecute according to law, the court
shall have power to appoint an attorney
pro teDIpoTe. = tt ...
Sec. 8. Judges and Attorneys for the
State may be removed from Office by a
concurrent vote of both Houses of the
General Assembly, each House voting
separately; but two-thirds of the MEM
bers to which each House may be entitled,
must concur in such vote; the vote shall
be determined by ayes and noes and the
names OF the members voting for or
against the Judge or Attorney for the
State, together with the cause or causes of
removal, shall be entered on the journals
of each House respectively. The Judge
or Attorney for the State, against whom
the Legislature may be about to proceed,
shall receive notice thereof, accompanied
with copy of the causes alleged for his
removal, at least ten days before the day
~
sembly shall act thereupOn. f.Er
Sec. z. The Judges Of the Supreme and
inferior courts shall, at stated times re-
ceive compensation for their services, to
be ascertained by law, which shall not be
increased or diminished during the
time for which they are elected. They
shall not be allowed any fees or perqui-
sites of Office, nor hold any other office of
trust or profit under this State, or the
United States.
Sec. s. The jurisdiction OF the Circuit,
Chancery and other inferior courts, shall
be as now, established by law until
changed by the Legislature.
Sec. 9. Judges shall not charge juries
with respect to matters of fact, but may
state the testimony and declare the
law.
Sec. 10. The Judges or Justices of the
inferior courts of law and equity shall
have power in civil cases to issue writs of
eerttO TGri, to remove any cause or the
transcript of the record thereof, from any
inferior Jurisdiction into such court oflaw,
on sufficient cause, supported by oath or
affirmation.
Sec. IL. No Judge of the Supreme or
Inferior Courts shall preside on the trial |
of any cause in the event of which he !
may be interested, or where either of the
parties shall be connected with him by |
affinity or consangninity, within such de- |
aG hc rraS arih 10 nv 1r1l
which he may have been as coun-
sci or have presided in any Infe- !
rior Court, except by consent of all the |
parties. In case, all or any of the Judges |
of the Supreme Court shall be thus dis
qualified from presiding on the trial of |
any cause or causes, the Court of the |
Judges thereof, shall certify the same to |
the Governor of the State, and he shall
forthwith specially commission the regui-
site number of men, OF law knowledge,
for the trial and determination thereof.
The Legislature may, by general laws,
make provision that special Judges may
be appointed to hold any Court the Judge
of which shall be unable or fail to attend
or sit, or 20 hear any cause in which the
Judge may be I'M Anpetent.
Sec. II. All v Us and other process
shall run in the name of the State OF Ten
nessee, and bear test and be signed by the
respective clerks. Indictments shall con-
elude, Hssthe peace and dignity Of the
Sec. I3. Judges OF the Supreme Court
shall appoint their clerks, who shall hold
their offices for six years. ChancellOrs
shall appoint their clerks and masters,
who shall hold their offices for six years.
Clerks of the inferior courts holden in the
respective counties or districts shall be
elected by the qualified voters thereof for
the term of four years. Any clerk may
be removed from Office for malfeasance,
incompetency or neglect of duty in such
manner as may be prescribed by law.
Sec. II. No fine shall be laid on any cit
izen of this State that shall exceed fifty
dollars, unless it shall be assessed by a
jury of his peers, who shall assess the fine
at the time they find the tact, if they
think the fine should be more than fifty
dollars.
Sec. Is. The different counties of this
State shall be laid off, as the General As
sembly may direct, into districts of con-
venient size, so that the whole number in
each county shall not be more than twen-
ty-five, or four for every one hundred
square miles. There shall be two Justices
of the Peace and one Constable elected in
each district by the qualified voters there
in, except districts including county
towns, which shall elect three Justices
and two Cpnstahles. The jurisdiction of
said officers shall be co-exteusiYe with the
county, Justices ofthe Peace shall be elect=
ed for the term of six, and Constables for
the term of two years. Upon removal of
either of said officers from the district in
which he was elected, his Office shall be-
come vacant from the time of such re-
moval. Justices of the Peace shall be Il
commissioned by the Governor. The Leg
islature shall have power to provide for
the appointment of an additional number
of Justices of the Peace in incorporated
towns.
% ARTICLE VII.
STATE AND COUNTY oEEIcERs.
Section i. There shall be elected ia each
county, by the qualified voters therein,
one Sheriff, one Trustee and one Register:
the Sheriff and Trustee for two years; but
no person shall be eligible to the office OF
Sheriff moro than six years in any term {
of eight years. There shall be elected for
each county, by the Justices of the Peace,
one Coroner, and one Ranger, who shall {
hold their offices for two years. Said Off
GERS shall be removed for malfeasance, or
neglect of duty, in such manner as may
be prescribed by law.
Sec. 2. Should vacancy occur, subse-
qQent TO an election, in the Office Of Sher-
if, Trustee or Register, 1t shall be filled
by the Justices; If in that of the Clerks to
be elected by the people, it shall be filed /
by the court and the person so appointed
shall continue in Office until his successor |
shall be elected and qualified; and such
Office shall be filed by the qualified voters
at the first election for any of the county 1
officers. -h /;
SEQ. 8. There shall be a Treasurer Oh
Tressurers, and a Comptroller of the
Treasury appointed for the State by the