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No. 160.

IN CONVENTION

December 17, 1867.

REPORT,

OF THE COMMITTEE ON THE JUDICIARY AS AMENDED IN AND REPORTED FROM THE COMMITTEE OF THE WHOLE.

ARTICLE VI.

1 SECTION 1. The Assembly shall have the power of impeach2 ment, by a vote of the majority of all the members elected. The 3 court for the trial of impeachments, shall be composed of the 4 President of the Senate, the Senators, or a major part of them, 5 and the Judges of the Court of Appeals, or the major part of 6 them. On the trial of an impeachment against the Governor, 7 the Lieutenant-Governor shall not act as a member of the court. 8 No judicial officer shall exercise his office after he shall have 9 been impeached, until he shall have been acquitted. Before the [CON. No. 160.]

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10 trial of an impeachment, the members of the court shall take an 11 oath or affirmation truly and impartially to try the impeachment 12 according to evidence, and no person shall be convicted without 13 the concurrence of two-thirds of the members present. Judg14 ment in cases of impeachment shall not extend further than to 15 removal from office, or removal from office and disqualification 16 to hold and enjoy any office of honor, trust or profit under this 17 State; but the party impeached shall be liable to indictment and 18 punishment according to law.

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§ 2. There shall be a court of appellate jurisdiction, called a 2 Court of Appeals, composed of a chief judge and six associate 3 judges, who shall be chosen by the electors of the State, and 4 shall hold their office for the term of fourteen years, and shall 5 not be elected for a second term. At the first election of judges 6 under this Constitution, every elector may vote for the chief and 7 only four of the associate judges. No chief judge or associate 8 judge of said court shall remain in office longer than until the 9 first day of January next after he shall have reached the age of 10 seventy years. Any five members of said court shall form a 11 quorum, and the concurrence of four shall be necessary to a 12 decision, until otherwise provided by law. The court shall have 13 the appointment, with the power of removal, of the Reporter and 14 Clerk of the court, and of such attendants as may be authorized 15 by law.

1 § 3. Upon the organization of the Court of Appeals under 2 this Constitution, the causes then pending in the present Court 3 of Appeals shall become vested in the Court of Appeals hereby 4 created. Such of said causes as are pending on the first day of 5 January, eighteen hundred and sixty-nine, shall be heard and 6 determined by a commission to consist of five Commissioners of 7 Appeals. But the Court of Appeals hereby created, for cause 8 shown, may order any cause thus pending before the said Com9 missioners, to be heard in such Court. Such Commission shall 10 consist of the judges of the present Court of Appeals elected 11 thereto, and a fifth Commissioner who shall be appointed by 12 the Governor, by and with the advice and consent of the 13 Senate.

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4. If any vacancy shall occur in the office of said Commis2 sioners, it shall be filled by appointment by the Governor, by 3 and with the advice and consent of the Senate; and if the Sen4 ate is not in session, by the Governor, but in such case the term 5 of office shall expire at the end of the session of the Senate next 6 after such appointment. The said Commissioners shall appoint 7 from their number a Chief Commissioner (and may in like man8 ner fill all vacancies in such appointment); (and may appoint 9 and remove such attendants as shall be provided for by law). 10 The reporter of the Court of Appeals shall be the reporter of said 11 Commissioners. And the decisions of said Commissioners shall 12 be certified to and entered and enforced as the judgments of the

13 Court of Appeals. The said Commission shall continue for three 14 years, unless the causes committed to it are sooner determined. 15 If at the end of three years from the time of entering upon its 16 duties, all the causes assigned to such Commission shall not have 17 been heard and determined, the residue shall be heard and 18 determined by the Court of Appeals hereby created.

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§ 5. When a vacancy shall occur in the office of Chief Justice 2 or Associate Judge of the Court of Appeals, three months prior 3 to a general election, the same shall be filled at such election; 4 and until any vacancy can be so filled, the Governor, by the 5 advice and consent of the Senate, if the Senate shall be in session, 6 or if not, the Governor alone, may appoint to fill such vacancy. 7 If any such appointment of Chief Justice shall be made from 8 among the Associate Judges, a temporary appointment of Asso9 ciate Judge shall be made in like manner. But in such case, the 10 person appointed Chief Justice shall not be deemed to vacate 11 his office of Associate Judge any longer than until the expiration 12 of such appointment. The powers and jurisdiction of the court 13 shall not be suspended for want of appointment, when the num14 ber of Judges is sufficient to constitute a quorum. All appoint15 ments under this section shall continue until the first day of 16 January next after the election at which the vacancy can be filled.

1 6. There shall be a Supreme Court having general juris2 diction in law and equity, subject to such appellate jurisdiction

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