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said judges having the power, in the meantime, of making temporary appointments; and the person elected shall continue in office until his successor is duly qualified. Nevertheless, if such vacancy shall happen within six months of the end of the term for which the late sheriff or coroner shall have been elected or appointed, the said judges or a majority of them, may, in their discretion, order such election or fill such vacancy by appointment, and the sheriff or coroner so elected or appointed, shall not thereby be rendered ineligible for the next succeeding term.
25. In all elections of sheriff and coroner, when two or more persons have an equal number of votes, and a higher number than any other person, the circuit courts of the counties shall give the casting vote. And all contested elections shall be decided by the circuit courts respectively, in such manner as the General Assembly may by law prescribe.
ARTICLE V.-Of Judicial Powers. Sec. 1. The judicial power, as to matters of law and equity, shall be vested in a Supreme Court, circuit courts, county courts, justices of the peace, and such other tribunals inferior to the circuit courts, as the General Assembly may from time to time ordain and establish.
2. The Supreme Court, except in cases otherwise directed by this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under the restrictions and limitations in this Constitution provided.
3. The Supreme Court shall have a general superintending control over all inferior courts; it shall have power to issue writs of habeas corpus, mandamus, prohibition, quo warranto, information in the nature of writs of quo warranto, certiorari, and other original remedial writs, and to hear and determine the same.
4. The Supreme Court shall consist of three judges, any two of whom shall be a quorum; it shall hold two sessions annually, at the seat of government, until otherwise directed by law.
5. The Governor shall nominate, and by and with the advice and consent of the Senate, shall appoint the judges of the Supreme Court; each judge shall be appointed for the term of twelve years; and every appointment to fill a vacancy shall be for the residue of the term only; but in all cases the judge shall hold over until a successor shall be appointed and qualified.
6. The judges of the Supreme Court shall be conservators of the peace throughout the State ; they shall receive at stated times an adequate compensation for their services, to be fixed by law; which shall not be diminished during the term for which they shall have been appointed.
7. The judges of the Supreme Court, or any two of them, shail appoint the clerk of said court, who shall hold his office for the term of six years, and until his successor is appointed and qualified.
8. No judge of the Circuit Court shall be elected or appointed to any office of honor, profit, or trust, under the government of this State, during the term for which he shall have been elected or appointed, except that a judge of the Circuit Court may be appointed to the Supreme Court: Provided, that if any judge shall resign his office, he shall not be ineligible to any office for a longer period than twelve months after such resignation. If any judge shall offer or consent to be a candidate for any office under the government of the United States, such offer or consent shall be taken and considered a voluntary resignation of his office.
9. The State shall be divided into ten compact, convenient circuits, which number of circuits shall not be increased within ten years after the adoption of this Constitution.
10. No circuit shall be altered or changed at any session of the General Assembly next preceding the regular election for judge of such circuit, nor shall such change occur oftener than once six years, but the General Assembly may add to any
circuit county hereafter organized.
11. For each circuit there shall be a judge chosen by the qualified electors therein, who shall hold his office for the term of six years, and until his successor shall be elected and qualified. When a vacancy shall happen in the office of circuit judge, within one year of the expiration of the term for which he was elected, such vacancy shall be filled by an appointment by the Governor; in all other cases of vacancy it shall be filled by an election. He shall receive, at stated times, an adequate compensation for his services, to be fixed by law, which shall not be diminished during the term for which he shall have been elected. After his election he shall reside and be a conservator of the peace in said circuit.
12. If there be a vacancy in the office of judge of any circuit, or if he be sick, absent. or from any cause unable to hold any term of court of any county of his circuit, such term of court may be held by a judge of any other circuit ; and at the request of the judge of any circuit, any term of court in his circuit may be held by the judge of
other circuit 13. The Circuit Court shall have jurisdiction over all criminal cases not otherwise provided for by law, and exclusive original jurisdiction over all civil cases in law and equity, not cognizable before county courts or justices of the peace, until otherwise directed by law; it shall hold its terms in such place in each county, and at such times, as the General Assembly shall by law direct.
14. The Circuit Court shall exercise a superintending control over all inferior courts, and entertain appeals therefrom in such cases and in such manner as shall be prescribed by law.
15. The Circuit Court, as a court of chancery, shall have power to grant divorces in all cases prescribed by law, to make such provisions for the aggrieved party, and the custody, support and education of minor children, as shall be just and equitable.
16. The Supreme Court and Circuit Court shall exercise chancery jurisdiction, in such manner and under such restrictions as shall be prescribed by law.
17. No person shall be appointed judge of the Supreme Court, or elected judge of the Circuit Court, unless he shall be a citizen of the United States, shall be at least thirty years old, and shall have resided five years in this State.
18. The clerks of the Circuit and county courts shall be chosen by the qualified electors of the county, and shall hold their office for the term of six years, and until their successors shall be elected and qualified; and for any misdemeanor in office, they shall be liable to be tried and removed in such manner as the General Assembly shall provide by law; and if any vacancy in the office of the clerk of the Circuit or county court shall happen within one year next before the expiration of the term of six years, the judge or judges of the court shall fill the same - but in all other cases a vacancy shall be filled by an election.
19. There shall be in each county a county court, with power to transact county business, and to perform all such duties as may be prescribed by law.
20. There shall be in each township of every county, chosen by the qualified electors thereof, as many justices of the peace as the public good may require; their powers, duties, compensation, liabilities and tenure of office shall be regulated by law.
21. There shall be a day appointed by law, for the election of judicial officers and clerks, distinct from the day of any other election in this State.
22. The Governor, by and with the advice and consent of the Senate, shall appoint an Attorney-General, who shall hold his office for the term of four years, and until his successor shall be appointed and qualified; he shall receive at stated times such compensation as shall be allowed him, and shall perform such duties as shall be required by law.
23. The proceedings of all courts and tribunals shall be conducted and their records kept in the English language, except that the proper and known names of processes, and technical words, may be expressed in the language heretofore and now commonly used, all writs and processes shall run, and all the prosecutions shall be conducted in the name of the State of Missouri; all writs shall be tested by the clerk of the court from which they issue, and all indictments shall conclude, “ against the peace and dignity of the State."
24. Any judge of the Supreme or Circuit Court may be removed from office on the address of three-fifths of each house of the General Assembly to the Governor for that purpose ; but each house shall state on its journal the cause for which it may desire the removal of such judge, and give him notice thereof, and he shall have the right to be heard in his defense in such manner as the General Assembly shall direct; but no judge shall be removed for any cause for which he might have been impeached.
25. If any cause shall be pending in the Supreme Court, in which all or either of the judges thereof shall be personally interested, the Governor shall appoint competent persons to act as judges during the trial of such cause, in the place of the judges thus interested.
ARTICLE VI.—Of Education. Sec. 1. Schools, and the means of education, should for ever be encouraged in this State; and the General Assembly shall take measures to preserve from waste or damage, such lands as have been or hereafter may be granted by the United States for the use of schools within each township in this State, and shall apply the funds which may arise by the sale or otherwise, from such lands, in a strict conformity to the object of the grant.
2. There shall be a superintendent of public schools, who shall be appointed in such mode and receive such compensation as the Legislature shall direct.
3. The Legislature shall establish free public schools throughout the State, and shall provide means for their support, by taxation on property, and by capitation tax or otherwise. In such schools, there shall be no distinction for or against any religious sect or denomination, and all the scholars shall be on terms of equality. And in all such schools the English language shall be taught, and all instruc tions shall be given in that language.
4. There shall be appropriated for the purposes of education, by means of such schools,
First, The proceeds of all lands heretofore granted by the United States to this State, for the use or support of schools, whether derived from sales or otherwise, and of all lands which have been or which
may hereafter be granted or devised to this State, and not expressly granted or devised for any other purpose; but nothing in this subdivision shall be construed to conflict with the first of the five propositions contained in the act of Congress of the United States, approved March the sixth, one thousand eight hundred and twenty, entitled “An act to authorize the people of Missouri Territory to form a Constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and to prohibit slavery in certain territories."
Second, The proceeds of the estates of all deceased persons, to which the State has become entitled by law, and which have not been otherwise appropriated; and of the estates of all deceased persons which the State may hereafter become entitled to by law: and of all fines and forfeitures that may hereafter accrue according to law in this State.
Third, All moneys, with the interest thereon, received by this State from the United States, by virtue of an act of Congress, ap* proved June twenty-third, one thousand eight hundred and thirty. six, entitled "An act to regulate the deposits of the public money: Provided, That if said money be called for by the United States, it shall be refunded accordingly.
Fourth, The proceeds and income of the five hundred thousand acres of land granted by the United States to this State, by act of Congress, approved September the fourth, eighteen hundred and forty-one: Provided, That the Congress of the United States shall assent to this disposition of said five hundred thousand acres; and, provided further, That the interest which may arise from the portion of the school fund in this subdivision mentioned, shall be appropriated
among the several counties in this State, share and share alike. And the appropriations in this section provided, shall be held by the State as a loan, and shall be and remain a permanent fund, on which the State shall pay an interest of at least six per centum per annum, which interest shall be annually appropriated to the support
such schools, and, if not expended, shall be added to and become a part of the principal; and this appropriation shall remain inviolable.
5. All moneys, including principal and interest, arising from the sales which have been or hereafter may be made of any lands granted by the United States to this State, for the use of a seminary of learning, and the proceeds of all such lands remaining unsold, and the proceeds of all donations that may hereafter be made for that purpose,
shall be and remain a perpetual fund, upon which the State shall pay an annual interest of at least six per cent., which shall be appropriated to the seminary of learning established for the promotion of literature, and the arts and sciences, by an act of the General Assembly of this State, approved February the eleventh, Anno Domini one thousand eight hundred and thirty-nine, by the name of “ the curators of the university of the State of Missouri," and located in the town of Columbia, in the county of Boone.
ARTICLE VII.— Of the Seat of Government. The seat of government is hereby permanently established at the city of Jefferson, in the county of Cole.
ARTICLE VIII.- Of Banks and Corporations. SEC. 1. No corporate body shall hereafter be created, renewed or extended, with the privilege of making, issuing, or putting in circulation, any bill, check, ticket, certificate, promissory note or other paper, or the paper of any other bank, to circulate as money.
2. No corporation, except for political or municipal purposes, or for the purpose of education or of charity, shall be created, unless the bill creating the same shall contain a provision that the charter of such corporation may be repealed and annulled by a majority of both houses of the General Assembly. And the stockholders in all private corporations, except corporations for the purpose of education and of charity, shall be responsible, in their individual and private