SEC. 16. The Governor may at any time require the opinion Governor may of the Justices of the Supreme Court as to the interpretation of Justices of require opinion of any portion of this Constitution upon any question affecting Supreme Court. his Executive powers and duties, and the Justices shall render such opinion in writing. Sec. 16, Art. 5, Const. of 1858, as amended in 1875. officers. SEC. 17. The Governor shall be assisted by a Cabinet of ad- Cabinet ministrative officers, consisting of a Secretary of State, Attorney-General, Comptroller, Treasurer, Surveyor-General, Superintendent of Public Instruction, Adjutant-General, and Commissioner of Immigration. Such officers shall be appointed by How appointed the Governor and confirmed by the Senate, and shall hold their office. offices the same time as the Governor, or until their successors shall be qualified.* Sec. 17, Article 5, Const. 1868. and term of of Taxes. consent of SEC. 18. The Governor shall, by and with the consent of the Militia officers, Senate, appoint all commissioned officers of the State militia. how appointed. SEC. 19. The Governor shall appoint, by and with the con- Governor apsent of the Senate, in each county an Assessor of Taxes and points Asses-or [a] Collector of Revenue, whose duties shall be prescribed by collector of law, and who shall hold their offices for two years, and be sub- Revenne, with ject to removal upon the recommendation of the Governor and Senate. consent of the Senate. The Governor shall appoint in each county a County Treasurer, County Surveyor, Superintendent County Treasof Common Schools, and five County Commissioners, each of Superintendent whom shall hold his office for two years, and the duties of each Common shall be prescribed by law. Such officers shall be subject to Commissione's, removal by the Governor when in his judgment the public wel- and term of of fare will be advanced thereby; Provided, No officer shall be fice, and how removed except for willful neglect of duty, or a violation of the what causes. criminal laws of the State, or for incompetency. 14 Fa. 220. urer, Surveyor, Schools, County how appointed removed and for missioners of SEC. 20. The Governor and Cabinet shall constitute a Board Board of Comof Commissioners of State Institutions, which board shall have State Institusupervision of all matters connected therewith, in such manner as shall be prescribed by law. tion. may suspend SEC. 21. The Governor shall have power, in cases of insur- When Governor rection or rebellion, to suspend the writ of habeas corpus with- writ of habeas in the State. Sees. 18, 19, 20 and 21, Article 5, Const. 1838. corpus. veto items of SEC. 22. The Governor shall have power to disapprove of Governor to any item or items of any bills making appropriations of money bills of approembracing distinct items, and the part or parts of the bill ap- priation. proved shall be the law, and the item or items of appropriation disapproved shall be void, unless repassed according to *This section is amended by Article 2 of the amendments adopted in 1871, vide Appendix to this Constitution. Judicial power, how vested. Style of process Organization of Majority a quorum. Appellate jurisdiction of the Supreme Court. the rules and limitations prescribed for the passage of other bills over the Executive veto. Amendment of 1875 making sec. 22. ARTICLE VI. JUDICIAL DEPARTMENT. SECTION 1. The judicial power of the State shall be vested in a Supreme Court, Circuit Courts, County Courts, and Justices of the Peace. 12 Fla.. 191; 16 Fla., 17; 13 Fla., 417; 14 Fla., 587. SEC. 2. The style of all process shall be, "The State of Florida," and all prosecutions shall be conducted in the name and by the authority of the same. 15 Fla.. 410; 12 Fla., 191; 5 How., Miss., 5; 5 Bibb., 210; 14 Fla., 274; 15 Fla., 421. SEC. 3. The Supreme Court shall consist of a Chief Justice and two Associate Justices, who shall hold their offices for life or during good behavior. They shall be appointed by the Governor and confirmed by the Senate. Secs. 1, 2 and 3, Art. 6, Const. of 1858. SEC. 4. The majority of the Justices of the Supreme Court shall constitute a quorum for the transaction of all business. The Supreme Court shall hold three terms each year at the Supreme Court room at the seat of government. Such terms shall commence on the second Tuesday of October, January, and April respectively.* Sec. 4, Art. 6, Const. of 1868. SEC. 5. The Supreme Court shall have appellate jurisdiction in all cases at law, and in equity, commenced in Circuit Courts, and of appeal from the Circuit Court as a Court of Probate, and in the management of the estates of infants, and in all criminal cases commenced in the Circuit Court. The court shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its jurisdiction. Each of the Justices shall have the power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or any Justice thereof, or before any Circuit Judge. Amendment of 1875, Chap. 2041. 12 Fla., 199; 13 Fla., 33, 41, 56; 14 Fla., 209; 16 Fla., 17. *This section is amended by Article 4 amendments of 1871; vide Appendix to this Constitution. Court. SEC. 6. The Supreme Court shall appoint a Clerk of the Su- Clerk Supreme preme Court, who shall have his office at the Capitol, and shall be Librarian of the Supreme Court library; he shall hold How appointed, his office until his successor is appointed and qualified. and term. number and SEC. 7. There shall be seven Circuit Judges appointed by Circuit Judges, the Governor and confirmed by the Senate, who shall hold term, how aptheir office for eight years. The State shall be divided into pointed. seven Judicial Circuits, the limits of which are defined in this Constitution, and one Judge shall be assigned to each Circuit. Such Judge shall hold two terms of his court in each county Terms. within his Circuit, each year, at such times and places as shall circuits. be prescribed by law. The Chief-Justice may, in his discre- Exchange of tion, order a temporary exchange of Circuits by the respective Judges, or any Judge to hold one or more terms in any other Terms in other Circuit than that to which he is assigned. The Judge shall Residence of reside in the Circuit to which he is assigned. Secs 6 and 7, Art. 6, Const. of 1868. 15 Fla., 284; 13 Fla., 355, 675; 16 Fla., 841. circuits. judge. SEC. 8. The Circuit Courts shall have original jurisdiction Circuit Courts. in all cases in equity, also in all cases at law in which the demand or the value of the property involved exceeds one hundred dollars, and in all cases involving the legality of any tax assessment, toll, or municipal fine, and of the action of forcible entry and unlawful detainer, and of actions involving the titles or right of possession of real estate, and of all criminal cases, except such as may be cognizable by law by inferior courts. They shall have appellate jurisdiction of matters pertaining to Jurisdiction. the probate jurisdiction and the estates and interest of minors original and in the County Courts, and of such other matters as may be provided by law, and final appellate jurisdiction in all civil cases arising in the court of a Justice of the Peace, in which the amount or value of property involved is twenty-five dollars and upwards, and of misdemeanors tried before any Justice's or Mayor's court. The Circuit Courts and Judges shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, habeas corpus, and all writs proper and necessary to the complete exercise of their jurisdiction. Amendment of 1875, Chap. 2041. 13 Fla., 417, 670. appellate. Judge, how ap SEC. 9. There shall be a County Court organized in each County Court. county. The Governor shall appoint a County Judge for each county, who shall be confirmed by the Senate, and such Judge pointed, term shall hold his office for four years from the date of his commis- of office. sion, or until his successor is appointed and qualified. Ser. 9, Art. 6, Const. of 1838. SEC. 10. Section ten of Article six of the Constitution is hereby abrogated. SEC. 11. The County Court shall have power to take probate Jurisdiction of of wills, to grant letters testamentary, and of administration Courts. the County Grand and petit jurors. Pleas shall be sworn to. Governor may appoint Justices of the Peace. Jurisdiction. Courts for municipal pur poses. and guardianship, to attend the settlement of the estates of decedents and of minors, and to discharge the duties usually pertaining to courts of probate, subject to the direction and supervision of the appellate and equity jurisdiction of the Circuit Court, as may be provided by law. And the County Judges shall have and exercise the civil and criminal jurisdiction of Justices of the Peace. They may also have jurisdiction of such proceedings relating to the forcible entry or unlawful detention of lands and tenements, subject to the appellate jurisdiction of the Circuit Court, as may be provided by law. 13 Fla., 321; 14 Fla., 537; 15 Fla., 9. SEC. 12. Grand and petit jurors shall be taken from the registered voters of the respective counties. The number of jurors for the trial of causes in any court may be fixed by law. Amendments of 1875, Chap. 2041. 16 Fla., 291. SEC. 13. The thirteenth section of the Sixth Article of the Constitution is hereby abrogated. Amendments of 1871, Chapter 1838; ride Article 3 of Appendix. SEC. 14. All pleas shall be sworn to either by the parties or their attorneys. Sec. 14, Art. 6, Const. of 1868. SEC. 15. The Governor shall appoint as many Justices of the Peace as he may deem necessary. Justices of the Peace shall have jurisdiction in civil actions at law in cases in which the amount or value involved does not exceed one hundred dollars; and in criminal cases their powers shall be fixed by law. Their powers, duties, and responsibilities shall be regulated by law. They may hold their offices for the term of four years, subject to removal by the Governor for reasons satisfactory to him. Amendment of 1875, Chap. 2041. 15 Fla., 737. SEC. 16. The Legislature may establish courts for municipal purposes only, in incorporated towns and cities. All laws for the organization or government of municipal courts shall be erence to shall general in their provisions, and be equally applicable to the be general. municipal courts of all incorporated towns and cities. All laws in ref Cases may be tried before referces, how and when. Other courts prohibited. SEC. 17. Any civil cause may be tried before a practicing attorney as referee, upon the application of the parties, and an order from the court in whose jurisdiction the case may be, authorizing such trial and appointing such referee. Such referee shall keep a complete record of the case, including the evidence taken, and such record shall be filed with the papers in the case in the office of the Clerk, and such cause shall be subject to an appeal in the manner prescribed by law. SEC. 18. No other courts than those herein specified shall be organized in this State. SEC. 19. The Governor, by and with the advice and consent of the Senate, shall appoint a State Attorney in each Judicial State Attorney, how appointed, Circuit, whose duties shall be prescribed by law. He shall hold term, duties. office for four years from the date of his commission, and until his successor shall be appointed and qualified. The Governor, Clerk Circuit by and with the advice and consent of the Senate, shall appoint Court and in each county a Sheriff and [a] Clerk of the Circuit Court, Sheriff, how who shall also be Clerk of the County Court and [of the] term, &c. Board of County Commissioners, Recorder, and ex-officio Auditor of the county, each of whom shall hold his office for four years. Their duties shall be prescribed by law. 14 Fla., 220, appointed, SEC. 20. A Constable shall be elected by the registered vot- Constables. ers in each county for every (200) two hundred registered voters; but each county shall be entitled to at least two Constables, and no county shall have more than twelve Constables. They shall perform such duties, and under such instructions, as shall be prescribed by law. courts of this SEC. 21. Attorneys at law, who have been admitted to prac- Who qualified tice in any court of record in any State of the Union, or to to practice in any United States Court, shall be admitted to practice in any State. court of this State, on producing evidence of having been so admitted. Secs. 16, 17, 18, 19, 20 and 21, Article 6, Const. of 1868. ARTICLE VII. ADMINISTRATIVE DEPARTMENT. SECTION 1. There shall be a cabinet of administrative officers, consisting of a Secretary of State, Attorney-General, Comptroller, Treasurer, Surveyor-General, Superintendent of Public Instruction, Adjutant-General, and Commissioner of Immigration, who shall assist the Governor in the performance of his duties. Section 1, Art. 7. Const. of 1858, amended by Chap. 1838, Act of 1871; vide amendments in Appendix to this Constitution, Cabinet. SEC. 2. The Secretary of State shall keep the records of offi- secretary of cial acts of the Legislative and Executive departments of the State. Government, and shall, when required, lay the same, and all Duties. matters relative thereto, before either branch of the Legislature, and shall be the custodian of the Great Seal of the State. SEC. 3. The Attorney-General shall be the legal adviser of the Governor, and of each of the cabinet officers, and shall per- eral-duties. form such other legal duties as the Governor may direct, or as may be provided by law. He shall be reporter for the Supreme Court. Attorney-Gen SEC. 4. The Treasurer shall receive and keep all funds, bonds, Treasureror other securities, in such manner as may be provided by law, duties. and shall disburse no funds, bonds, or other securities, except |