The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-12-08
. Chancery Court Amend
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1Ts EFF E.CT-,f,
opinion Of J. q, George, Es44.

1TS EFF E.CT-,a
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Opinion Of J. z George' ESQ.
s'arsar
om the vlcksbuFg HeEald-l-, ri
Jackson, Mrss. Nov. 26, 1915 :
E..s~ +-ar ier+
bon, THose C. GATCHRGs-: PRO
al your request, TO put In writing
News which / expressed To you oral
g az interview betB eenzus,to-day. go
~ Constitution Of the State, a. il
/ framed, contains the following pro
an. -.-..s.-r-- p r-5 ,s.f47-se-t
I.Tbe Legislature shall divide the
20 into a convenient number OF Chan.
(. Di.tricts to be composed Of not m6rt
f,,,r counties Chancellors shall be
.nointed in the same manner as judges
Circuit Courts. Their qualiffca-
n. shall be regulated by Law, and they
sriI bold their Office for the term Of four
-. They shall hold a Court III each
bnty at least four times in each year,
a .ball receive such compensation as
IN be provided by. law" Art. VI.
Il. H. % II .'
f-nder this clause, there could not be
/ than nineteen Chancellors, as there
4 "a counties III the State. h. ''''@
Fbe new clause proposed to, and raft
a by the people, at the last election,
.ooves all restriction as to the number
counties to be embraced in a Chan
u District, and provides for the hold
i Of Chancery Courts twice instead Of
n times a year in each county. f
Fbe evil growing out Of the old clause
/ soon perceived and very seriously
II This evil was Of a financial nature,
1 consisted in the obligation TO employ
brge number of Chancellors, at heavy
be9se TO the State Treasury, and with
t. so light. that most Of the Chancet-
kbips we're regarded as almost sine
Res. .... -..- .--.
This superAuity of unemployed Chan
Aors and the expense of their salaries
hsed the people to abrogate, or repeal,
i old clause of the Constitution, and in
i language of the resolution, propos-
4 the amendment, to Substitute" the
Is clause in its stead. -4
Ii is apparent to me that this 18th sec
Il is totally abrogated and repealed to
intents and purposes. As a part of
] Constitution il has no longer any ex
bnce II has been completely erased,
Il in its stead a new clause has been
kstituted which will take effect on the
the Legislature shall canvass the
Il L. on the amendment and direct the
clause to be inserted in the Consfi-
Ion. Up to that time the duties,
hts aud jurisdiction of the Chancef-
of the State will be regulated by the
clause. From that time forward this
ulation will be by the new substituted
use
The two clauses are not only verbally
erent, but are substantially and ma
fally variant in important particulars,
The duties and territorial jurisdie-
i of the Chancellors. Under the old
use Chancellor could not exercise
|isdiction over more than four coun-
under the new he may exercise jul
Fiction over twenty or even more un-
4 the old, he could not be invested
b over the nineteenth part of the
HRncery Jurisdiction Of the State under
new, he NAV be invested with one
b, one-eigh;h or one-tenth part Of that
fsdiction Under the old. he was
'hpelled TO exercise that jurisdiction
times in each year, in each county
fer the new, he may not exercise it
Re than half that number of times.
appearing, therefore, that the 18th
NhOu Of article VI. of the Constitution
been repealed, and has been replaced
another, materially variant from it,
p proper to inquire, what effect this
upon the Chancellors now in office.
The effect of a repeating. statute is
PblIterate the statute repealed as com
'tety from the records of Parliament
p itnever had passed. and it must be
fsldered as a law that never existed
eept for the purposes of those actions
suits, which were commenced, present.
and concluded whilst it was an exist
law Key vs.. Goodwin, 4 Moore
Payne, 341. This doctrine is fully
Stained in the American Courts, and
Pecally in this State by Musgrove VS..
an. r. r. Co, 30 Miss. r. 677.
Under this rule any right derived from
epealed statute and which depends for
existence upon the continuance in
EiVe force Of the statute, necessarily is
Engplshed. by the repeal. unless it is
fseryed or prolonged by the repeating
G'ute. There certainly can be no Off
unless there be a law in existence
per which he can claim his title
men that foundation fails the title of
officer fails.
! Ills rule in relation TO the repeal of
|'pIes manltestly applies to the repeal
aorqSauon OF Constitution or any
Eueular provision of it. If authority
r needed for this, beyond the universal
tSuce OF the country, it will be found
Sigur vs.. Crenshaw, s La, Am. r.
"a case decided with reference to
Eeefs holding under an abrogated con-
'.uuon. As soon, therefore, as the
sls.latuTe shall count the votes, on the
ss'i'ute Tor SIT, Art. VI. of the Con-
luton and insert it as a. part of that
suument, the old Chancellors will ipso
h De cut of office. The law under
l1 tney were appointed and hold
II viii be abrogated, and there will
uS a. no foundation on which their title
OIHce can rest, unless there. be some
lN'oR inserted in the new clause, to
'ong Their rights. We look in vain
Saen provision. The new 18th sec
~ lar from countenancing the idea
: Ie'enGon in office of the old Chan
r; nj was formed and adopted express
" '.i VIE view OF enabling the Sthte to
: ''d 81 them. What avail would the
IA SECTION be, if no old Chancellor
= ~ De displaced until he had served
~, vars Us from the date of his appoint
=" ouch construction would oper-
~, y suspension Of the powers con,
~ Su on the Legislature by the new 18th
storu m express opposition to the man
~! words, " the Legislature shall
E ma! the State, etc.. -
a MS new section also declares that
n Sl q s 'shall be appointed" ETC.,
f. men zen as before remarked, it pro