Page images
PDF
EPUB

eight years. An Attorney for the State for any circuit or district, for which a judge having criminal jurisdiction shall be provided by law, shall be elected hy the qualified voters of such circuit or district, and shall hold his office for a term of eight years, and shall have been a resident of the State for five years, and of the circuit or district one year. In all cases where the Attorney for any district fails or refuses to attend and prosecute according to law, the court shall have power to appoint an attorney pro tempore.

The word “Reporter" is not in Constitution 1834. The Attorney General and the District Attorneys were elected for six years.

Section 6. Judges and Attorneys for the State may be removed from office by a concurrent vote of both Houses of the General Assembly, each House voting separately; but two-thirds of the members to which each House may be entitled, must concur in such vote. The vote shall be determined by ayes and noes, and the names of the members voting for or against the Judge or Attorney for the State together with the cause or causes of removal, shall be entered on the journals of each House respectively. The Judge or Attorney for the State, against whom the Legislature may be about to proceed, shall receive notice thereof accompanied with a copy of the causes alleged for his removal, at least ten days before the day on which either House of the General Assembly shall act thereupon.

Constitution 1834 required the concurrence of two-thirds "of all the members elected to each house' instead of "two

thirds of the members to which each house may be entitled."

Section 7. The Judges of the Supreme or Inferior Courts shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be increased or diminished during the time for which they are elected. They shall not be allowed any fees or perquisites of office nor hold any office of trust or profit under this State or the United States.

Section 8. The jurisdiction of the Circuit, Chancery, and other inferior courts, shall be as now established by law, until changed by the Legislature.

Constitution 1834 provided that: “The jurisdiction of such inferior courts as the Legislature may from time to time, establish, shall be regulated by law."

Section 9. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Section 10. The Judges or Justices of inferior courts of law and equity, shall have power in all civil cases, to issue writs of certiorari, to remove any cause or the transcript of the record thereof, from any inferior jurisdiction, into such court of law, on sufficient cause, supported by oath or affirmation.

Section 11. No Judge of the Supreme or Inferior Courts shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by affinity of consanguinity, within such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may have presided in any inferior court, except by consent of all the parties. In case all or any of the Judges of the Supreme Court, shall thus be disqualified from presiding on the trial of any cause or causes, the court, or the Judges thereof, shall certify the same to the Governor of the State, and he shall forthwith specially commission the requisite number of men, of law knowledge, for the trial and determination thereof. The Legislature may by general laws make provision that special Judges may be appointed, to hold any courts the judge of which shall be unable or fail to attend or sit; or to hear any cause in which the Judge may be incompetent.

The last sentence not in Constitution 1834, which in. stead authorized the Legislature to pass general laws for filling temporarily the places of judges of the Supreme and Inferior Courts, who were disabled by "sickness.”

Section 12. All writs and other process shall run in the name of the State of Tennessee and bear test and be signed by the respective clerks. Indictments shall conclude, “against the peace and dignity of the State.”

Section 13. Judges of the Supreme Court shall appoint their clerks who shall hold their offices for six years. Chancellors shall appoint clerks and masters, who shall hold their offices for six years. Clerks. of the inferior courts, holden in the respective counties or districts, shall be elected by the qualified voters. thereof for the term of four years. Any clerk may be removed from office for malfeasance, incompetency or neglect of duty, in such manner as may be prescribed by law.

Section 14. No fine shall be laid on any citizen of this State that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars.

Section 15. The different counties of this State shall be laid off, as the General Assembly may direct, into districts of convenient size, so that the whole number in each county shall not be more than twenty-five, or four for every one hundred square miles. There shall be two Justices of the Peace and one Constable elected in each district, by the qualified voters therein, except districts including county towns, which shall elect three Justices and two Constables. The jurisdiction of said officers shall be co-extensive with the county. Justices of the Peace shall be elected for the term of six, and Constable for the term of two years. Upon removal of either of said officers from the district in which he was elected, his office shall become vacant from the time of such removal. Justices of the Peace shall be commissioned by the Governor. The Legislature shall have power to provide for the appointment of an additional number of Justices of the Peace in incorporated towns.

ARTICLE VII.

STATE AND COUNTY OFFICERS.

Section 1. There shall be elected in each county, by the qualified voters therein, one Sheriff, one Trustee, one Register; the Sheriff and Trustee for two years, and the Register for four years; but no person shall be eligible to the office of Sheriff more than six years in any term of eight years. There shall be elected for each county by the Justices of the Peace, one Coroner, and one Ranger, who shall hold their offices for two years; said officers shall be removed for malfeasance, or neglect of duty, in such manner as may be prescribed by law.

Section 2. Should a vacancy occur, subsequent to an election, in the office of Sheriff, Trustee, or Register, it shall be filled by the Justices; if in that of the Clerks to be elected by the people, it shall be filled by the courts; and the person so appointed shall continue in office until his successor shall be elected and qualified; and such office shall be filled by the qualified voters at the first election for any of the county officers.

Section 3. There shall be a Treasurer or Treasurers and a Comptroller of the Treasury appointed for the State, by the joint vote of both Houses of the General Assembly, who shall hold their offices for two years.

Under Constitution 1834 the Comptroller was not a constitutional officer.

[ocr errors]
« ՆախորդըՇարունակել »