The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-09-15


lars; in counties of from fifteen thou
sand population. one thousand dol
'ars; in counties of from fifteen thou
sand to twenty-five thousand popula-
lation, fifteen hundred dollars; in
counties of from twenty-five thousand
to thirty-fve thousand population two
thousand dollars; and in counties of
more than thirty-five thousand popu-
lation, twenty-five hundred dollars,
hereby repeating any and all part or
PARTS of the said Constitution in con-
f1ict herewith.
Approved June s. 1905.
ARTICLE XXI.
That the following amendments to
Article V of the Constitution of the
State of Florida, relative to the Judi
ciary Department, to be numbered
Sections 40, Al, AZ, 43, A, As, 46 and
AZ. Of said Article v, be and the same
are hereby agreed to and shall be sub
mitted to the electors of the State at
the general election to be held on the
first Tuesday after the first Monday in
November, A. D., 1906, for ratification
or rejection. to-wit:
Section 40. There shall be estab-
lished in the county of Escambia
whenever the voters of said county
shall so determine by majority OF
the votes cast, on the question at any
general election, court of record and
there shall bN judge of said court
who shall be appointed by the Gov
ernor and confirmed by the Senate
who shall hold his Office for six years
and whose salary shall be two thou
sand five hundred dollars year,
payable quarterly by the county of
Escambia. The criminal court of
record now established in Escambia
county shall, upon the adoption of
these amendments, become and be
the court of record as herein provided
and all officers of such criminal court
of record shall be officers of such
court of record, and discharge the
duties and receive the emolments of
emit term of office.
Section Al. The said court and
Judge shall have exclusive original
jurisdiction of all criminal cases, not
capital, which shall raise in Es-
Gambia county and shall have in Els
Gambia county, concurrent with the
Circuit Court and Circuit Judge of
said county, the same original juris-
diction of all other cases and matters
as the circuit court and circuit Judge
of said county, and the same power TO
issue writs of mandamus, injunction,
quo warranto, certiorari, prohibition,
habeas corpus and all wrfts proper
and necessary to the complete exer-
else of their jurisdiction as the cir
cult court and circuit judge of said
county, except the power and authori-
ty to summon and empanel a grand
jury.
Section Az There shall be six
terms of said court in each year
Section 43. There shall be for
said court a prosecuting attorney who
shall be appointed by the Governor
and confirmed by the Senate and who
shall hold his Office for four years
His compensation shall be fixed by
law.
Section A. All offenses triable in
said court shall be prosecuted upon
information under oath to be filed by
the prosecuting attorney, but the
grand jury of the circuit court for
said county may indict for any offense
triable in the court of record. Upon
the fiiding of such Indictment the cir
cult Judge shall commit or bail the
accused for trial in the court Of
record, which trial shall be upon in
formation.
Section As. The clerk of said
court shall be elected by the electors
of Escambia county and shall hold of
fee for four years, and his compensa-
ton shall be fixed by law. The sher-
if of Escambia county shall be the
executive officer of said court, and his
duties and fees shall be fixed by law.
Section 46. The same rules of pro-
cedure and practice which obtain in
the circuit court of the county shall
obtain in the court of record, and all
laws relative to criminal courts Of
record, except as otherwise provided
herein. shall apply to and control the
court of record. Change of venue may
be had from the court of record to
the circuit court of another county for
the same causes, and under the laws
providing for changing the venue from
the circuit court of one county to the
circuit court of another county. The
Governor, may in MS discretion, order
INC I'll SulL Juu6c vi iAoNoLuDia SOulity
or of any other county to hold one or
more terms of parts of terms of the
court of record. Any civil cause in
the court of record may be tried be-
fore a referee, or in case of the dis
qualification of the judge of the court
OF record, may be tried by judge ad
Item. or may be transferred to the
circuit court of Escambia county or of
any other county, in the same way and
according to the same provisions as
govern such proceedings in the circuit
court of Escambia county.
Section Al. The Supreme Court of
the State shall have appellate juris-
diction in all cases at law and in
equity originating in the court of rec
ord and in cases of conviction of fell
ony in the court of record. The cir.
cult court of Escambia county shall
have final appellate Jurisdiction of all
misdemeanors tried in the court of
record. All appeals or writs of error
prosecuted from the court of record,
whether 10 the Supreme Court or Cir.
cult Court. shall be prosecuted in the
same way and according to the same
rules as govern such proceedings from
the Circuit Court to the Supreme
Court.
Approved June 6, 1905.
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