The Brookhaven leader., 1890-11-06

SEC. 143. All other State officers shall be
elected at the same time and in the same
manner as provided for election of Gov
ernor.
Article g..
JUDICIARY.
SEC; IA. The judicial power of the State
shall be vested in Supreme Court and such
other courts as are provided for i'll this Con-
stitution.
SEQ. l45. The Supreme Court shall consist
OF three Judges, any two of whom, when
convened, shall form a quorum.
The Legislature shall divide the State into
three supreme court districts, and the Gov
eTnor' by and with the advice and consent
OF the Senate, shall appoint one Judge for
and from each district; but the removal of
judge to the State capital during his term
OF office snail not render him ineligible as
his own successor for the district from which
he has removed The present incumbents
shall be considered as holdiug their terms
of Office from the State ct large.
SEC 146. The Supreme Court shall have
such jurisdiction as properly belongs to a
court of appeals.
SEC. 147. No judgment or decree in any
ehancery or circuit court rendered in a civil
cause, shall be reversed or annujled on the
ground of want of jurisdiction to render
said Judgment or decree, from any error or
mistake as to whether the cause in which
i was rendered was Of equity or common
law jurisdiction; but if the Supreme Court
shall find error IN the proceedings other than
as 70 jurisdiction, and it shall be necessary
to remand the case, the Supreme Court may
remand 1t to that court which in its opinion
can best determine the controversy.
SEC. 14S. The supreme Court shall be held
twice in each year at the seat of government,
at such time as the Legislature may provide.
SIC. 149. The term of office of the judges
of the Supreme Court shall be nine years.
The Office of one of said judges shall be
vacated In three years, one In six years, and
one in nine years, so that at the expiration
OF every three years one of said judges shall
be appointed as aforesaid
SEC. $50. No person shall be eligible TO the
office of Judge of the Supreme Court who
shall not have attained the age of thirty
years at the time Of his appointment, and
who shall not have been practicing attor-
ney and citizen OF. the State for. five years
Immediately preceding such appointment.
SEC. 151. All vacancies which may occur
in SAID court from death, resignation or re-
moval shall be filed by appointment as
| aforesaid; but if a vacancy shall occur dur
| ing the recess of the Legislature the Gov
| ernor shall appoint successor, who shall
| hold his Office until the end of the next ses-
! sion of the Senate unless his nomination
| shall be sooner rejected.
SEC. 1872. The Legislature shall divide the
State into convenient Circuit and Chancery
| Court districts.
SIC. 1873. The Judges of the circuits courts
and of the chancery courts shall be ap-
pointed by the Governor, with the advice
and consent of the Senate, and shall hold
their offices for the term of four years.
SEC. 154. No person shall be eligible TO the
Chancery Court, who shall not have been a
practicing lawyer for five years, and who
shall. mot have attained the age of twenty six
years, and who shall not have been five years
a citizen of this State.
SEC. l55. The Judges of the several courts
of this State shall, before they proceed to
execute the duties OF their respective offices
take the following oath or affirmation, to
wit: Il --, solemnly swear tor af-
firm that 1 will administer Justice without
respect to persons, and do equal right to the
fully and impartially discharge and perform
all the duties incumbent upon me as --
according to the best of my ability and I'M
derstanding, agreea BILE to the Constitution
of the United States, and the Constitution
and laws of the State of Mississippi; so help
me God"
SEC. I56. The Circuit Court shall have orr
ginal jurisdiction in all matters civil and
criminal in this State not vested by this Con-
stitution in some other court, and such APP
pellate jurisdiction AS shall be prescribed by
law.
SEC. 1877. All cases that may be brought in
the Circuit Court whereof the Chaneery
Court has exclusive jurisdiction shall be
transferred to the Chsncery Court.
SEC. 1913. A Circuit Court shall be held in
each county at least twice in each year, and
the judges of said courts may interchange
circuits with each other in such manner as
may be provided by law.
SEC. 159. The Chancery Court shall have
full jurisdiction in the following matters and
cases, viz:
Ia All matters III equity.
(b) Divorce and almony.
tc) Matters teStamentary and of adminis-
tration.
"a Minors business.
te) Cases of idlocy, lunacy and persons of
Cf) All cases of which the said court had
jurisdiction under the laws in force when
this Constitution is put in operation.
SEC. $50. And in addition to the jurisdic-
ton heretofore exercised by the Chancery
Court In suits to try title and TO cancel deeds
and other clouds upon title TO real estate, it
shall have jurisdiction in such cases to de-
cree possession, and to dispiace possession, |
to decree rents and compensation for i'm
provements and taxes; and IN all cases
where said court heretofore exercised |
jurisdiction, AUXILIARY to courts OF common
to grant the relief sought although the legal
remedy may not have been exhaused or the
legal title established by suit at law.
SEC. 16l. And the Chancery Court shall
have jurisdiction. concurrent with the Cir
cult Court, of suits ON bonds of tiduciaries
and public officers for failure to account for
money or property received or wasted or lost
by neglect or failure to collect, and of suits
involving inquiry into matters of mutual
accounts; but if the plaintiff brings his suit
to the Circuit Court, that court may, on APP
cause to the Chaneery Court if it appears
that the accounts to be investigated are
mutual and complicated.
SEC. 1852. All causes that may be brought
IN the Chancery Court whereof the Circuit
Court has exclusive jurisdiction shall be
transferred to the Circuit Court.
SEC. 1853. The Legislature shall provide by
law for the due certlficatlon Of all causes that
may be transferred to or from any Chaneery
Court or Circuit Court, for such reformation
of the pleadings therein as may be neces-
sary, and the adjudication of the cost of such
transfer
SEC. 1874. A ohaneery Court shall be held
IN each county at least twice in each year.
Sec. 165. No Judge OF any court shall pre-
side on the trial OF any cause where the
parties or either of them shall be connected
with him by affinity or consanguinity, or
where he may be interested in the same, ex-
cept by the consent OF the Judge and of the
parties. Whenever any Judge of the SUI
preme Court or the Judge or chancellor OF
any district, II. this State, shall, for any rea-
son, be unable or disqualified TO preside at
any term of court, or IN any case where the
attorneys engaged thereiA shall not agree
upon member of the bar TO preside In his
place. the Governor may commission an
other, or others, OF law knowledge to preside
az such term or during such disability or
disqualification in the place OF the Judge or
Judges so disqualified. Where either party
shall desire. the Supreme Court for the
trial of any cause shall be composed Of three
Judges. No Judgment or decree shall be
affirmed by disagreement of two jndges
constituting q quorum
SIC. 1856. The judges of the Supreme
Court. OF the Circuit Courts and the chan
cellors shall receive for their services q COM
pensation 70 DO axed BIZ law. which shall not