Constitution of 1838

Constitution of 1838

Transcript

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 the State, the United States, or of any other power.


Section 6. The Circuit Courts shall have original jurisdiction in all matters, civil and criminal, within this State, not otherwise excepted in this Constitution.


Section 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.


Section 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.


Section 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 settlement of the estates of decedents and of minors, and to discharge the duties usually appertaining to Courts of Ordinary, subject to the direction and supervision of the Courts of Chancery, as may be provided by law.


Section 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.


Section 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.


Section 12. The Judges of the Circuit Courts, 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.


Section 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.


Section 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.


Section 15. The style of all process 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."


Section 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 draft 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 at 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