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may by any two members, be required upon any other question; and any member of either house shall have liberty to dissent from, or protest against, any act or resolution which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journal.
12. Senators and representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to or returning
from the same, allowing one day for every twenty miles such member may reside from the place at which the General Assembly is convened; and for any speech or debate in either house, they shall not be questioned in any other place.
13. The General Assembly shall make provision by law for filling vacancies that may occur in either house, by the death, resignation, or otherwise, of any of its members.
14. The doors of each house shall be open, except on such occasions as, in the opinion of the house, the public safety may imperiously require secrecy.
15. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting
16. Bills may originate in either house of the General Assembly, and all bills passed by one house may be discussed, amended, or rejected by the other; but no bill shall have the force of law until, on three several days, it be read in each house, and free discussion be allowed thereon, unless, in cases of urgency, four-fifths of the house in which the same shall be depending, may deem it expedient to dispense with the rule; and every bill having passed both houses, shall be signed by the Speaker and President of their respective houses.
17. Each member of the General Assembly shall receive, from the public treasury, such compensation for his services as may be fixed by law; but no increase of compensation shall take effect during the term for which the representatives were elected when such law passed.
18. The number of members of the House of Representatives shall never exceed sixiy.
ARTICLE V.-Judicial Department. Sec. 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, courts of chancery, circuit courts,
and justices of the peace: provided the General Assembly may also vest such criminal jurisdiction as may be deemed necessary in corporation courts; but such jurisdiction shall not extend to capital offences.
2. The Supreme Court, except in cases otherwise directed in this Constitution, 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 from time to time be. prescribed by law; provided that the said Court shall always have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a general superintendence and control of all other courts.
3. For the term of five years, from the election of the judges of the circuit courts, and thereafter until the General Assembly shall otherwise provide the powers of the Supreme Court shall be vested in, and its duties performed by, the judges of the several circuit courts within this State; and they or a majority of them, shall hold such sessions of the Supreme Court, and at such times, as may be directed by law.
4. The Supreme Court, when organized, shall be holden at such times and places as may be provided by law.
5. The State shall be divided into at least four convenient cir cuits; and until other circuits shall be provided for by the General Assembly, the arrangement of the circuits shall be the western, middle, eastern, and southern circuits; and for each circuit there shall be appointed a judge, who shall, after his appointment, reside in the circuit for which he has been appointed, and shall, at stated times, receive for his services a salary of not less than two thousand dollars per annum,
which shall not be diminished during the continuance of such judge in office; but the judges shall receive no fees or perquisites of office, nor hold any other office of profit under this State, the United States, or any other power.
6. The circuit courts shall have original jurisdiction in all matters, civil and criminal, within this State, not otherwise excepted in this Constitution.
7. A circuit court shall be held in such counties, and at such times and places therein, as may be prescribed by law; and the judges of the several circuit courts may hold courts for each other, and shall do so when directed by law.
8. The General Assembly shall have power to establish and organize a separate Court or courts of original equity jurisdiction ; but until such Court or courts shall be established and organized, the circuit courts shall exercise such jurisdiction.
9. The General Assembly shall provide by law for the appointment, in each county, of an officer to take probate of wills, to grant letters testamentary of administration and guardianship; to attend to the settlements of the estates of decedents and of minors, and to discharge the duties usually pertaining to courts of ordinary, subject to the direction and supervision of the courts of chancery, as may be provided by law.
10. A competent number of justices of the peace shall be from time to time appointed or elected in and for each county, in such mode and for such term of office as the General Assembly may direct, and shall possess such jurisdiction as may be prescribed by law; and in cases tried before a justice of the peace, the right of appeal shall be secured, under such rules and regulations as may be prescribed by law.
11. Justices of the Supreme Court, chancellors, and judges of the circuit courts, shall be elected by the concurrent vote of a majority of both houses of the General Assembly.
12. The judges of the Circuit Court shall, at the first session of the General Assembly to be holden under this Constitution, be elected for the term of five years, and shall hold their offices for that term, unless sooner removed under the provisions made in this Constitution for removal of judges by address or impeachment; and at the expiration of five years, the justices of the Supreme Court and the judges of the circuit courts shall be elected for the term of and during their good behavior ; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them, on the address of two-thirds of each house of the General Assembly; provided, however, that the cause or causes shall be stated at length in such address, and entered on the journals of each house; and provided, further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defense, before any vote for such address shall pass; and in such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively.
13. The clerk of the Supreme Court, and the clerks of the courts of chancery, shall be elected by the General Assembly; and the clerks of the circuit courts shall be elected by the qualified electors, in such mode as may be prescribed by law.
14. The justices of the Supreme Court, chancellors, and judges of the circuit courts, shall, by virtue of their offices, be conservators of the peace throughout the State, and justices of the peace in their respective counties.
15. The style of all processes shall be, “the State of Florida ; and all criminal prosecutions shall be carried on in the name of the State of Florida, and all indictments shall conclude, “ against the peace and dignity of the same."
16. There shall be an Attorney-General for the State, who shall reside at the seat of government. It shall be his duty to attend all sessions of the General Assembly, and, upon the passage of any act,
, to draught and submit to the General Assembly, at the same session, all necessary forms of proceedings under such laws, which, when approved, shall be published therewith; and he shall perform such other duties as may be prescribed by law. He shall be elected by joint vote of the two houses of the General Assembly, and shall hold his office for four years; but may be removed by the Governor, on the address of two-thirds of the two houses of the General Assembly; and shall receive for his services a compensation to be fixed by law.
17. There shall be one solicitor for each circuit, who shall reside therein, to be elected by the joint vote of the General Assembly, who shall hold his office for the term of four years, and shall receive for his services a compensation to be fixed by law.
18. No justice of the Supreme Court shall sit as judge, or take part in the appellate court, on the trial or hearing of any case which shall have been decided by him in the court below.
19. The General Assembly shall have power to establish in each county a board of commissioners for the regulation of the county business therein.
20. No duty not judicial shall be imposed by law upon the justices of the Supreme Court, chancellors, or the judges of the circuit courts of this State.
ARTICLE VI. The Right of Suffrage and Qualifications of officers ; Civil Offices;
and Impeachments and Removals from Office. Sec. 1. Every free white male person of the age of twenty-one years and upwards, and who shall be, at the time of offering to vote, a citizen of the United States, and who shall have resided and had his habitation, domicil, home, and place of permanent abode, in Florida, for two years next preceding the election at which he shall offer to vote, and who shall have at such time, and for six months immediately preceding said time shall have had his habitation, domicil, home, and place of permanent abode, in the county in which he may offer to vote, and who shall be enrolled in the militia thereof (unless by law exempted from serving in the militia,) shall be deemed à qualified elector at all elections under this Constitution, and none others, except at elections by general ticket in the State or district prescribed by law; in which cases, the elector must have been a resident of the State two years next preceding the election, and six months within the election district in which he offers to vote: provided that no soldier, seaman, or marine in the regular army or navy of the United States, unless he be a qualified elector of the State previous to his enlistment as such soldier, seaman or marine in the regular army or navy of the United States, or the revenue service, shall be considered a resident of the State, in consequence of being stationed within the same.
2. The General Assembly shall, at its first session, provide for the registration of all the qualified electors in each county, and thereafter, from time to time, of all who may become such qualified electors.
3. No president, director, cashier, or other officer, of any banking company in this State, shall be eligible to the office of Governor, senator, or representative to the General Assembly of this state, so long as he shall be such president, director, cashier, or other officer, nor until the lapse of twelve months from the time at which he shall have ceased to be such president, director, cashier, or other officer.
4. The General Assembly shall have power to exclude from every office of honor, trust, or profit, within the State, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime.
5. No person shall be capable of holding, or of being elected to any post of honor, profit, trust, or emolument, civil or military, legislative, executive or judicial, under the government of this State, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who shall be a second to either party, or who shall in any manner aid or assist in such duel, or shall be knowingly the bearer of such challenge or acceptance, whether the same occur or be committed in or out of the State.
6. No person who may hereafter be a collector or holder of public moneys, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid into the treasury, all sums for which he may be accountable.
7. No Governor, member of Congress, or of the General Assembly of this State, shall receive a fee, be engaged as counsel, agent, or attorney, in any civil case or claim against this State, or to which this State shall be a party, during the time he shall remain in office.
8. No Governor, justice of the Supreme Court, chancellor, or judge in this State, shall be eligible to election or appointment to
any other and different station, or office, or post of honor or emolument, under this State, or to the station of senator or representa
tive in the Congress of the United States from this State, until one year after he shall have ceased to be such governor, justice, chancellor, or judge.
9. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by elections by the people.
10. No minister of the gospel shall be eligible to the office of governor, senator, or member of the House of Representatives of this State.
11. Members of the General Assembly, and all officers, civil and military, before they enter upon the execution of their respective offices, shall take the following oath or affirmation: “I, do swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been elected (or appointed), and will, to the best of my abilities, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States."
12. Every person shall be disqualified from serving as governor, senator, representative, or from holding any other office of honor or profit in this State, for the term for which he shall have been elected,