« PreviousContinue »
tions, shall, in like manner, be
conservators of the peace. 2. VII. The chancellors, judges of the Cir
cuit Courts, judges of the Probate Courts, solicitors of the Circuits and judges of the infeferior courts, from which an appeal may be taken directly to the Supreme Court, may be removed from office for any of the causes specified in the preceding section, by the Supreme Court, under such regulations as may be prescribed by law.
ALABAMA. 2. VI. Except in cases otherwise directel
in this Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as
may be from time to time prescribed by law: Provided, That said court shall have the power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of superior
jurisdiction. 3. VI. The Supreme Court shall be held
at the seat of government, but if that shall have become dangerous from any cause, it may
adjourn to a different place. 11. VI. The Supreme Court shall consist
of one chief justice and such number of associate justices as
may be prescribed by law. 14. VI. The judges of the Supreme Court,
Circuit Courts, chancellors, and the judges of the City Courts, shall have been citizens of the United States and of this State five years next preceding their election or appointment, and shall not be less than twentyfive years of age, and learned in
the law. 16. VI. The judges of the Supreme Court
shall, by virtue of their offices, be conservators of the peace throughout the State; the judges of the Circuit Courts within their respective circuits, and the judges of the inferior courts within their respective jurisdic
ARKANSAS. 2. VII. The Supreme Court shall be com
posed of three judges, one of whom shall be styled chief justice, and elected as such; any two of whom shall constitute & quorum, and the concurrence of two judges shall, in every case,
be necessary to a decision. 3. VII. When the population of the State
shall amount to one million, the General Assembly may, deemed necessary, increase the number of judges of the Supreme Court to five; and on such increase, a majority of judges shall be necessary to
make a quorum or a decision. 4. VII. The Supreme Court, except in
cases otherwise provided by this Constitution, shall have appellate juridiction only, which shall be co-extensive with the State, under such restrictions as may from time to time be prescribed by law. It shall have a general superintending control over all inferior courts
of law and equity; and, in aid of its appellate and supervisory Jurisdiction, it shall have power to issue writs of error and supersedeas, certioSoc. Art. 9. VII. In case all or any of the judges of
the Supreme Court shall be disqualified from presiding in any cause or causes the court or the disqualified judge shall certify the same to the Governor, who shall immediately commission the requisite number of men learned in the law to sit in the trial and determination of such causes.
25. VII. The judges of the Supreme, Cir
cuit or Chancery Courts shall not, during their continuance in office, practice law or appear as counsel in any court, State or federal, within this State.
rari, habeas corpus, prohibi. tion, mandamus and quo warranto and other remedial writs, and to hear and determine the same. Its judges shall be conservators of the peace throughout the State, and shall severally have power to issue any of
the aforesaid writs. 5. VII. In the exercise of the original
Jurisdiction the Supreme Court shall have power to issue writs of quo warranto to the circuit judges
and chancellors when created, and to officers of political corporations when the question involved is the legal exist
ence of such corporations, 6. VII. A judge of the Supreme Court
shall be at least thirty years of age, of good mural character, and learned in the law; a citizen of the United States and two years a resident of the State, and who has been a practicing lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall be equal to eight years. The judges of the Supreme Court shall be elected by the qualified electors of the State, and shall hold their of. fices during the term of eight years from the date of their commission; but at the first meeting of the court after the first election under this Constitution the judges shall by lot divide themselves into three classes, one of which shall hold his office for four, one for six and the other for eight years, after which each judge shall be elected for a full term of eight years. A record shall be made in the court of this classification.
CALIFORNIA. 4. VI. The Supreme Court shall have ap
pellate jurisdiction in all cases in equity, except such as arise in Justices' Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessmentai
municipal fine, or in which the demand, exclusive of interest, the value of the property in controversy, amounts to three hundred dollars; also, in cases of forcible entry and detainer, and in proceedings in insolvency, and in actions to prevent or abate a nuisance, and in all such probate matters as may be provided by law; also, in all criminal cases prosecuted by indictment or information in a court of record on questions of law alone. The court shall also have power to issue writs of mandamus, certiorari, prohibition and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of
the justices shall have 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 before any Superior Court in the State, or
before any judge thereof. 12. VI. The Supreme Court, the Superior
Courts, and such other courts as the Legislature shall pre
scribe, shall be courts of record. 21. VI. The Justices shall appoint a reporter of the decisions of the Supreme Court, who shall hold his office and be removable at their pleasure. He shall receive an annual salary, not to exceed twenty-five hundred dollars,
payable monthly. 23. VI. No one shall be eligible to the of
fice of justice of the Supreme Court, or to the office of judge of a Superior Court, unless he shall have been admitted to practice before the Supreme Court of the State.
thority to hear and determine
the same. 5. VI. The Supreme Court shall consist
of three judges, a majority of whom shall be necessary to form a quorum or pronounce a
decision, 8. VI. The judges of the Supreme Court
shall, immediately after the first election under this Constitution, be classified by lot, so that one shall hold his office for the term of three years, one for the term of six years, and one for the term of nine years. The lot shall be drawn by the judges, who shall for that purpose agsemble at the seat of government, and shall cause the result thereof to be certified to the Secretary of the Territory, and filed in his office. The judge having the shortest term to serve, not holding his office by appointment or election to fill & vacancy, shall be the chief justice, and shall preside at all terms of the Supreme Court, and in his absence, the judge having in like manner the next shortest term to serve shall pre
side in his stead. 10. VI. No person shall be eligible to the
office of judge of the Supreme Court unless he be learned in law, be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in this State or Territory at least two years next pre
ceding his election. 14. VI. The General Assembly may, after
the year 1880 (whenever twothirds of the members of each house shall concur therein), but not oftener than once in six years, increase the number of
the judicial districts and the judges thereof; such districts shall be formed of compact territory, and bounded by county lines; but such increase or change in the boundaries of a district shall not work the removal of any judge from his office during the term for which he shall have
been elected or appointed. 20. VI. Until the General Assembly shall
provide by law for fixing the terms of the courts aforesaid, the judges of the Supreme and District Courts, respectively,
shall fix the terms thereof. 27. VI. The judges of courts of record in
ferior to the Supreme Court
the judges of the Supreme Court such defects and omissions in the laws as their knowledge and experience may suggest, and the judges of the Supreme Court shall, on or before the first day of December of each year, report in writing to the Governor, to be by him transmitted to the General Assembly, together with his message, such defects and omissions in the Constitution and laws as they may find to exist, together with appropriate bills for curing the same.
by lot in such manner as they may determine, shall hold his office for two years, another to be designated in like manner for four years, and the third for six years, so that one shall be elected every two years after the first election. The chief justice shall be designated by lot by said justices, and shall be such during his term of office. The first election for said justices shall take place at the first election for members of the Legislature after the ratification of this Constitution, and their term of office shall begin on the first Tuesday after the first Monday
in January after their election. 3. V. No person shall ever be appointed
or elected as a justice of the Supreme Court, or judge of a Circuit Court, or Criminal Court, that is not twenty-five years of age and an attorney
at-law. 4. V. The majority of the justices of
the Supreme Court shall constitute a quorum for the transaction of all business. The concurrence of two justices shall be necessary to a decision. The number of terms of the Supreme Court and the times of holding the same shall be regulated by law. All terms shall be held at the capital of the State.
FLORIDA. 2. V. The Supreme Court shall consist
of three Justices, who shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature, and shall hold their office for the term of six years, except those first elected, one of whom, to be designated
The Supreme Court shall have ap
pellate jurisdiction in all cases at law and in equity originating in Circuit Courts, and of appeals from the Circuit Courts in cases arising before judges of the County Courts in matters pertaining to their probate jurisdiction and in the management of the estates of infants, and in cases of convicBec. Art.
tion of felony in the criminal courts, and in all criminal cases originating in the Circuit Courts, The court shall have the 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 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 Su. preme Court, or
any justice thereof, or before any Circuit
judge. 6. V. The Legislature shall have power
to prescribe regulations for calling into the Supreme Court a judge of the Circuit Court, to hear and determine any matters pending before the court in the place of any justice thereof that shall be disqualified or disabled in such case from interest
or other cause. 7. V. The Supreme Court shall appoint
a clerk, who shall have his office at the capitol, and shall be librarian of the Supreme Court
library. 9. V. The salary of the Justices of the
Supreme Court shall be three thousand dollars a year. The salary of each Circuit Judge shall be two thousand five hundred dollars a year.
Sec. Art. 2. VI. Par. V. The Supreme Court
shall have no orignal jurisdiction, but shall be a court alone for the trial and correction of errors from the Superior Courts, and from the City Courts of Atlanta and Savanah, and such other like court as may be hereafter established in other cities; and shall sit at the seat of government, at such times in each year as shall be prescribed by law, for the trial and determination ot writs of error from said Supe
rior and City Courts. 2. VI. Par. VI. The Supreme Court shall
dispose of every case at the first or second term after such writ of error is brought; and in case the plaintiff in error shall not be prepared at the first term to prosecute the case-unless prevented by providential cause it shall be stricken from the docket, and the judgment below
shall stand affirmed. 14. VI. Par. I. No person shall be judge
of the Supreme or Superior Courts, or Attorney-General, unless at the time of his election he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected Solicitor-General unless, at the time of his election, he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his elec
tion. 21. VI. Par. I. The costs in the Supreme
Court shall not exceed ten dol
GEORGIA. 2. VI. Par. 1. The Supreme Court
shall consist of a chief justice and two associate justices. A majority of the court shall constitute a quorum.