« SebelumnyaLanjutkan »
sooner removed in the manner prescribed by this Constitution. He shall at the time of his election be at least thirty-five years of age, and during his continuance in office, reside in the section for which he is elected.
11. The Supreme Court of Appeals shall consist of the five Judges so elected, any three of whom may hold a court. It shall have appellate jurisdiction only, except in cases of habeas corpus, mandamus and prohibition. It shall not have jurisdiction in civil causes where the matter in controversy, exclusive of costs, is less in value or amount than five hundred dollars, except in controversies concerning the title or boundaries of land, the probat of a will, the appointment or qualification of a personal representative, guardian, committee or curator; or concerning a mill, road, way, ferry or landing, or the right of a corporation or of a county to levy tolls or taxes; and except in cases of habeas corpus, mandamus and prohibition, and cases involving freedom, or the constitutionality of a law.
12. Special Courts of Appeals, to consist of not less than three nor more than five Judges, may be formed of the Judges of the Supreme Court of Appeals, and of the Circuit Courts, or any of them, to try any cases remaining on the dockets of the present Court of Appeals when the Judges thereof cease to hold their offices; or to try any cases which may be on the dockets of the Supreme Court of Appeals established by this Constitution, in respect to which a majority of the Judges of said court may be so situated as to make it improper for them to sit on the hearing thereof.
13. When a judgment or decree is reversed or affirmed by the Supreme Court of Appeals, the reasons therefor shall be stated in writing, and preserved with the record of the case.
GENERAL PROVISIONS. 14. Judges shall be commissioned by the Governor, and shall receive fixed and adequate salaries, which shall not be diminished during their continuance in office. The salary of a Judge of the Supreme Court of Appeals shall not be less than three thousand dol. lars and that of a Judge of a Circuit Court not less than two thousand dollars per annum, except that of the Judge of the fifth circuit, which shall not be less than fifteen hundred dollars per annum ; and each shall receive a reasonable allowance for necessary travel.
15. No Judge during his term of service shall hold any other office, appointment or public trust, and the acceptance thereof shall vacate his judicial office; nor shall he during such term, or within one year thereafter, be eligible to any political office.
16. No Election of Judge shall be held within thirty days of the time of holding any election of Electors of President and Vice President of the United States, of Members of Congress or of the General Assembly.
17. Judges may be removed from office by a concurrent vote of both houses of the General Assembly, but a majority of all the
members elected to each house must concur in such vote; and the cause of removal shall be entered on the journal of each house. The judge, against whom the General Assembly may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the General Assembly shall act thereupon.
18. The officers of the Supreme Court of Appeals and of the District Courts shall be appointed by the said Courts respectively, or by the Judges thereof in vacation. Their duties, compensation, and tenure of office, shall be prescribed by law.
19. The voters of each county or corporation in which a Circuit Court is held shall elect a clerk of such court, whose term of office shall be six years. The Attorney for the Commonwealth elected for a county or corporation wherein a Circuit Court is directed to be held, shall be attorney for the Commonwealth for that court. But in case a Circuit Court is held for a City, or for a County and City, there shall be an Attorney for the Commonwealth for such Court, to be elected by the voters of such City, or County and City, and to continue in office for the term of four years. The duties and compensation of these officers, and the mode of removing them from office, shall be prescribed by law.
20. When a vacancy shall occur in the office of clerk of any court, such court may appoint a clerk pro tempore, who shall discharge the duties of the office until the vacancy is filled.
21. The General Assembly shall provide for the compensation of jurors, but appropriations for that purpose, shall not be made from the State treasury, except in prosecutions for felony and misde
22. At every election of a Governor, an attorney general shall be elected by the voters of the Commonwealth, for the term of four years. He shall be commissioned by the Governor, shall perform such duties and receive such compensation as may be prescribed by law, and be removable in the manner prescribed for the removal of Judges.
23. Judges and all other officers, whether elected or appointed, shall continue to discharge the duties of their respective offices after their terms of service have expired, until their successors are qualified.
24. Writs shall run in the name of the Commonwealth of Virginia and be attested by the clerks of the several courts. Indictments shall conclude, against the peace and dignity of the Commonwealth.
25. There shall be in each county of the Commonwealth, a County Court, which shall be held monthly, by not less than three, nor more than five Justices, except when the law shall require the presence of a greater number.
26. The jurisdiction of the said court shall be the same as that of the existing County Courts, except so far as it is modified by this Constitution or may be changed by law.
27. Each County shall be laid off into districts, as nearly equal as may be in territory and population. In each district there shall be elected by the voters thereof, four Justices of the Peace, who shall be commissioned by the Governor, reside in their respective districts, and hold their office for the term of four years. The justices so elected shall choose one of their own body, who shall be the presiding Justice of the County Court, and whose duty it shall be to attend each term of said court. The other justices shall be classified by law for the performance of their duties in court.
28. The Justices shall receive for their services in court, a per diem compensation, to be ascertained by law, and paid out of the County treasury; and shall not receive any fee or emolument for other judicial services.
29. The power and jurisdiction of Justices of the Peace within their respective Counties shall be prescribed by law.
30. The voters of each County shall elect a Clerk of the County Court, a Surveyor, an Attorney for the Commonwealth, a Sheriff, and so many Commissioners of the Revenue as may be authorized by law, who shall hold their respective offices as follows: The Clerk, and the Surveyor, for the term of six years; the Attorney, for the term of four years ; the Sheriff, and the Commissioners, for the term of two years. Constables, and Overseers of the Poor, shall be elected by the voters, as may be prescribed by law.
31. The officers mentioned in the preceding section, except the Attorneys, shall reside in the Counties or Districts for which they were respectively elected. No person elected for two successive terms to the office of Sheriff, shall be re-eligible to the same office for the next succeeding term; nor shall he, during his term of service, or within one year thereafter, be eligible to any political office.
32. The Justices of the Peace, Sheriffs, Attorneys for the Commonwealth, Clerks of the Circuit and County Courts, and all other County officers, shall be subject to indictment for malfeasance, misfeasance, or neglect of official duty, and upon conviction thereof, their offices shall become vacant.
CORPORATION COURTS AND OFFICERS. 33. The General Assembly may vest such jurisdiction as shall be deemed necessary in Corporation Courts, and in the Magistrates who may belong to the corporate body.
34. All officers appertaining to the Cities and other Municipal Corporations, shall be elected by the qualified voters, or appointed by the constituted authorities of such Cities or Corporations, as may be prescribed by law.
Done in Convention, in the city of Richmond, on the first day of
August, in the year of our Lord one thousand eight hundred and fifty-one, and in the seventy-sixth year of the Commonwealth of Virginia.
JOHN Y. MASON,
President of the Convention. S. D. WHITTLE,
Secretary of the Convention.
1. It shall be the duty of the President of this Convention, immediately on its adjournment, to certify to the Governor a copy of the Bill of Rights and Constitution adopted, together with this Schedule.
2. L'pon the receipt of such certified copy, the Governor shall, forth with, announce the fact by Proclamation, to be published in such newspapers of the State as may be deemed requisite for general information: and, shall annex to his Proclamation a copy of the Bill of Rights and Constitution, together with this Schedule: which Proclamation, Bill of Rights, Constitution and Schedule, shall be published in the manner indicated, for the period of one month; and ten printed copies thereof shall, by the Secretary of the Commonwealth, be immediately transmitted, by mail, to the Clerk of each County and Corporation Court in this Commonwealth, to be by such Clerk submitted to the examination of any person desiring the same.
3. The Officers authorized by existing laws to conduct General Elections, shall, at the places appointed for holding the same, open a Poll Book on the Fourth Thursday in October next, to be headed “ The Constitution as amended, and Schedule,” and to contain two separate columns; the first column to be headed “ For Ratifying;" the other, to be headed, “ For Rejecting." And such officers, keeping said Polls open for the space of three days, shall then and there receive, and record in said Poll Book, the votes for and against this Constitution and Schedule, of all persons qualified, under the existing or amended Constitution to exercise the right of suffrage.
4. The taking of the polls, the duties to be performed by the officers, the privilege of the voters, and the penalties attaching for misconduct on the part of any person, shall be, in all things, as prescribed by the second, third, fourth, seventh, eighth and ninth sections of the act of the General Assembly, passed March the fourth, one thousand eight hundred and fifty, entitled “ An act to take the sense of the people upon the call of a Convention, and providing for organizing the same," so far as the provisions of said sections may be applicable.
5. It shall be the duty of the Governor, upon receiving the returns of said officers, to ascertain the result thereof, and forth with to declare the same by his Proclamation, stating the aggregate vote in the State for and against the ratification of the amended Constitution and Schedule which shall be published at least once a week until the second Monday in December next, in such newspapers as, in his opinion, will be best calculated to diffuse general information thereof: and if it appear that a majority of the votes cast is in favor of ratification, the Governor, at the same time, and in like manner, shall make Proclamation for holding, on the day last mentioned, a General Election throughout the State for Delegates and Senators to the General Assembly, according to the apportionment and districts prescribed in this Constitution ; and also for the election of a Governor, Lieutenant Governor, and Attorney General.
6. The officers authorized by existing laws to hold and conduct General Elections, shall hold and conduct the elections herein required, and such officers and all other persons shall be governed and controlled therein by the provisions of said laws, so far as the same may be applicable to, and necessary for, the proper conducting of the said elections. Duplicate polls shall be separately kept for Governor and Lieutenant Governor, for Attorney General, and for Senators and Delegates to the General Assembly, which shall be verified by the oaths of the officers conducting the elections,
7. The verified duplicate polls for Governor, Lieutenant Governor and Attorney General, shall be deposited with the Clerks of the several Counties and Cities, who shall retain one in their respective offices, and transmit the other, by mail, to the Secretary of the Commonwealth.
8. In the election of Senators and Delegates for districts formed of more than one County and City, the officers conducting the same, at the court-houses of the several Counties and Cities forming each District
, shall assemble on the eighth day after the commencement of the said election at the court-house of the County or City first named as one of the Counties of the District, shall compare the polls and ascertain the result: and shall deliver and return certificates of election according to the laws now in force.
9. The members of the General Assembly so elected shall meet at the Capitol, in the City of Richmond, on the second Monday in January, in the year one thousand, eight hundred and fifty-two, and then and there organize as the General Assembly of Virginia; but before such organization, they shall respectively take the oath of fidelity to the Commonwealth, and the other oaths of office required by the laws now in force.
10. The election of Members of the General Assembly under this Constitution shall vacate the seats of those elected under the present Constitution.
11. The official terms of the Delegates first elected to the General Assembly under this Constitution shall expire on the thirtieth day of June, in the year one thousand eight hundred and fifty-three.
12. The official terms of the first Governor, Lieutenant Governor and Attorney General elected under this Constitution, shall expire on the thirty-first day of December, in the year one thousand eight hundred and fifty-five.
13. The present Judges of the Supreme Court of Appeals and of the Circuit Courts, and their successors, who may be appointed under the existing Constitution, shall remain in office until such time as the law may prescribe for the commencement of the official terms of the Judges under the amended Constitution and no longer : which time, shall not be more than six months after the termination of the first session of the General Assembly under the amended Constitution.
14. The Executive Department of the Government shall remain as at present organized; and the Governor and Councillors of State and their successors appointed under the existing Constitution, shall continue in office until a Governor elected under this Constitution shall be qualified; and all other persons in office when this Constitution is adopted, except as is herein otherwise expressly directed, shall continue in office until their successors are qualified: and vacancies in office, happeniug before such qualification, shall be filled in the manner now prescribed by law.
15. All the Courts of Justice now existing shall continue with their present jurisdiction until and except so far as the Judicial system may or shall be otherwise organized; and all laws in force when this Constitution is adopted, and not inconsistent therewith, and all rights, prosecutions, actions, claims and contracts shall remain and continue as if this Constitution was not adopted.
16. The General Assembly shall pass all laws necessary for carrying this Constitution into full effect and operation. Done in Convention, in the city of Richmond, on the first day of August, in the
year of our Lord one thousand eight hundred and fifty-one, and in the seventysixth year of the Commonwealth of Virginia.
JOHN Y. MASON, S. D. WAITTLE,
President of the Convention. Secretary of the Convention.