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sissippi.” And the style of their laws shall be, “Be it enacted by the legralature of the state of Mississippi.”
5. The members of the house of representatives shall be chosen by the qualified electors, and shall serve for the term of two years, from the day of the commencement of the general election, and no longer. .
6. The representatives shall be chosen every two years, on the first Monday and day following in November.
7. No person shall be a representative unless he be a citizen of the United States, and shall have been an inhabitant of this state two years next preceding his election, and the last year thereof a resident of the county, city or town for which he shall be chosen ; and shall have attained the age of twenty-one years.
8. Elections for representatives for the several counties, shall be held at the places of holding their respective courts, or in the several election districts into which the county may be divided : Provided, That when it shall appear to the legislature that any city or town hath a number of free white inhabitants equal to the ratio then fixed, such city or town shall have a separate representation, according to the number of free white inhabitants therein, which shall be retained so long as such city or town shall contain a number of free white inhabitants equal the existing ratio, and thereafter and during the existence of the right of separate representation in such city or town, elections for the county in which such city or town entitled to a separate representation is situated, shall not be held in such city or town. And provided, That if the residuum or fraction of any city or town entitled to separate representation shall, when added to the residuum in the county in which it may lie, be equal to the ratio fixed by law for one representative; then the aforesaid county, city or town, having the largest residuum, shall be entitled to such representation : And provided also, That when there are two or more counties adjoining, which have residuums over and above the ratio then fixed by law, if said residuums, when added together, will amount to such ratio, in that case one representative shall be added to that county having the largest residuum.
9. The legislature shall at their first session, and at periods of not less than every four, nor more than every six years, until the year 1845, and thereafter at periods of not less than every four, nor more than every eight years, cause an enumeration to be made of all the free white inhabitants of this state, and the whole number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties, cities or towns entitled to separate representation, according to the number of free white inhabitants in each, and shall not be less than thirty-six nor more than one hundred: Provided, however, That each county shall always be entitled to at least one representative.
10. The whole number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the several districts to be established by law, according to the number of free white inhabitants in each, and shall never be less than one-fourth, nor more than one-third of the whole number of representatives.
11. The senators shall be chosen by the qualified electors, for four years, and on their being convened in consequence of the first election,
they shall be divided by lot from their respective districts into two classes As nearly equal as can be. And the seats of the senators of the first class shall be vacated at the expiration of the second year.
12. Such mode of classifying new additional senators shall be observed as will as nearly as possible preserve an equality of numbers in each class.
13. When a senatorial district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a district.
14. No person shall be a senator unless he be a citizen of the United States, and shall have been an inhabitant of this state four years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and have attained the age of thirty years.
15. The house of representatives, when assembled, shall choose a speaker and its other officers, and the senate shall choose a president and its officers, and each house shall judge of the qualifications and clections of its own members; but a contested election shall be determined in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house may provide.
16. Each house may determine the rules of its own proceedings, punish members for disorderly behaviour, and with the consent of twothirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent state.
17. Each house shall keep a journal of its proceedings, and publish the same; and the yeas and nays of the members of either house, on any question, shall at the desire of any three members present, be entered on the journal.
18. When vacancies happen in either house, the governor, or the person exercising the powers of the governor, shall issue writs of election to fill such vacancies.
19. Senators and representatives shall in all cases, except of treason, felony, or breach of the peace, be privileged from arrest during the session of the legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the legislature is convened.
20. Each house may punish by imprisonment, during the session, any person, not a member, for disrespectful or disorderly behaviour in its presence, or for obstructing any of its proceedings: Provided, such imprisonment shall not, at any one time, exceed forty-eight hours.
21. The doors of each house shall be open, except on such occasions of great emergency, as, in the opinion of the house, may require secrecy.
22. 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.
23. Bills may originate in either house, and be amended, altered or rejected by the other, but no bill shall have the force of a law, until on three several days, it be read in each house, and free discussion be allowed 'thereon, unless four-fifths of the house in which the bill shall be pending,
may deem it expedient to dispense with this rule; and every bill having passed both houses, shall be signed by the speaker and president of theu respective houses.
24. All, bills for raising revenue shall originate in the house of representatives, but the senate may amend or reject them as other bills.
25. Each member of the legislature shall receive from the public treasury a compensation for his services, which may be increased or diminished by law; but no increase of compensation shall take effect during the session at which such increase shall have been made.
26. No senator or representative shall, during the term for which he shall have been clected, nor for one year thereafter, 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; and no member of either house of the legislature shall, after the commencement of the first session of the legislature after his election, and during the remainder of the term for which he is elected, be eligible to any office or place, the appointment to which may be made in whole or in part by either branch of the legislature.
27. No judge of any court of law or equity, secretary of state, attorney general, clerk of any court of record, sheriff or collector, or any person holding a lucrative office under the United States or this state, shall be eligible to the legislature: Provided, 'That offices in the militia, to which there is attached no annual salary, and the office of justice of the peace, shall not be deemed lucrative.
28. No person who hath heretofore heen, or hereafter may be, a collector or holder of public moneys, shall have a seat in either house of the legislature, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable,
29. The first election for senators and representatives shall be general throughout the state, and shall be held on the first Monday and day following in November, 1833 ; and thereafter, there shall be biennial elections for senators to fill the places of those whose term of service may have expire:).
30. The first and all future sessions of the legislature shall be held in the town of Jackson, in the county of Hinds, until the year 1850. During the first session thereafter, the legislature shall have power to designate by law the permanent seat of government: Provided, however, That unless such designation be then made by law, the seat of government shall continue permanently at the town of Jackson. The first session shall commence on the third Monday in November, in the year 1833. And in every two years thereafter, at such time as may be prescribed by law.
31. The governor, secretary of state, treasurer, auditor of public acm counts, and attorney general, shall reside at the seat of government.
Judicial Department. § 1. The judicial power of this state shall be vested in one high court of errors and appeals, and such other courts of law and equity as are hereafter provided for in this constitution.
2. The high court of errors and appeals shall consist of three judges, any two of whom shall form a quorum. The legislature shall divide the state into three districts, and the qualified electors of each district shall elect one of said judges for the term of six years.
3. The office of one of said judges shall be vacated in two years, and of one in four years, and of one in six years, so that at the expiration of every two years, one of said judges shall be elected as aforesaid.
4. The high court of errors and appeals shall have no jurisdiction, but such as properly belongs to a court of errors and appeals.
5. All vacancies that niay occur in said court, from death, resignation or removal, shall be filled by election as aforesaid. Provided, however, that if the unexpired term do not exceed one year, the vacancy shall be filled by executive appointment.
6. No person shall be eligible to the office of judge of the high court of errors and appeals, who shall not have attained, at the time of his election, the age of thirty years.
7. The high court of errors and appeals shall be held twice in each year, at such place as the legislature shall direct, until the year eighteen hundred and thirty-six, and afterwards at the seat of government of the state.
8. The secretary of state, on receiving all the official returns of the first election, shall proceed, forthwith, in the presence and with the assistance of lwo justices of the peace, to determine by lot among the three candidates having the highest number of votes, which of said judges elect shall serve for the term of two years, which shall serve for the term of four years, and which shall serve for the term of six years, and having so determined the same, it shall be the duty of the governor to issue commissions accordingly.
9. No judge shall sit on the trial of any cause when the parties or either of them shall be connected with him hy affinity or consanguinity, or when he may be interested in the same, except by consent of the judge and of the parties; and whenever a quorum of said court are situated as aforesaid, the governor of the state shall in such case specially commission two or more men of law knowledge for che determina tion thereof.
10. The judges of said court shall receive for their services a compen sation to be fixed by law, which shall not be diminished during their continuance in office.
11. The judges of the circuit court shall be elected by the qualified electors of each judicial district, and hold their offices for the term of four years, and reside in their respective districts.
12. No person shall be eligible to the office of judge of the circuit court, who shall not at the time of his election, have attained the age of twenty-six years.
13. The state shall be divided into convenient districts, and each district shall contain not less than three '
nor more than twelve courties. 14. The circuit court, shall have original jurisdiction in all matters, civil and criminal, within this state; but in civil cases only when the principal of the sum in controversy exceeds fifty dollars.
15. A circuit court shall be held in each county of this state, at least twice in each year; and the judges of said courts, shall interchange circuits with each other, in such manner as may be prescribed by law,
and shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office.
16. A separate superior court of chancery shall be established, with full jurisdiction in all matters of equity ; Provided, however, the legislature may give to the circuit courts of each county equity jurisdiction in all cases where the value of the thing, or amount in controversy, does not exceed five hundred dollars; also, in all cases of divorce, and for the foreclosure of mortgages. The chancellor shall be elected by the qualified electors of the whole state, for the term of six years, and shall be at least thirty years old at the time of his election.
17. The style of all process, shall be “ The state of Mississippi," and all prosecutions shall be carried on in the name and by the authority of “ The state of Mississippi,” and shall conclude “ against the peace and dignity of the same.”
18. A court of probates shall be established in each county of this state, with jurisdiction in all matters testamentary and of administration in orphans' business and the allotment of dower, increase of idiotcy and lunacy, and of persons non compos mentis ; the judge of said court shall be elected by the qualified electors of the respective counties, for the term of two years.
19. The clerk of the high court of errors and appeals shall be ape pointed by said court for the term of four years, and the clerks of the circuit, probate, and other inferior courts, shall be elected by the qualified electors of the respective counties, and shall hold their offices for the term of two years.
20. The qualified electors of each county shall elect five persons for the term of two years, who shall constitute a board of police for each county, a majority of whom may transact business; which body shall have full jurisdiction over roads, highways, ferries, and bridges, and all other matters of county police, and shall order all county elections to fill vacancies that may occur in the offices of their respective counties : the clerk of the court of probate shall be the clerk of the board of county police.
21. No person shall be eligible as a member of said board, who shall not have resided one year in the county : but this qualification shall not extend to such new counties as may hereafter be established until one year after their organization; and all vacancies that may occur in said hoard shall be supplied by election as aforesaid to fill the unexpired term.
22. The judges of all the courts of the state, and also the members of the board of county police, shall in virtue of their offices be conservators of the peace, and shall be by law vested with ample powers in this respect.
23. A competent number of justices of the peace and constables shall be chosen in each county by the qualified electors thereof, by districts, who shall hold their offices for the term of two years. The jurisdiction of justices of the peace shall be limited to causes in which the principal of the amount in controversy shall not exceed fifty dollars. In all causes tried by a justice of the peace, the right of appeal shall be secured under such rules and regulations as shall be prescribed by law.
24. The legislature may from time to time establish such other inferior courts as may be deemed necessary, and abolish the same whenover they shall deem it expedient.