Mississippi State

Definition

In the Past

Important Note: this is an extension/continuation on the entry on Mississippi in this legal reference. All vacancies that may occur in said court, from death, resignation or removal, must be filled by election as aforesaid. gived, however, that if the unexpired term do not exceed one year, the vacancy sbalI be filled by executive appointment.

Developments

No person must be qualified to the office of judge of the high court of errors and appeals, who must not have attained, at the time of his election, the age of thirty yers.

Details

The high court of errors and appeals must be held twice in each year, at such place as the legislature must direct, until the year eighteen hundred and thirty-six and afterwards at the seat of government of the state.

Other Aspects

The secretary of state, on receiving all the official returns of the first election, must proceed, at once, in the presence and with the assistance of two justices of the peace, to decide by lot among the three candidates having the highest number of votes, which of said judges elect must serve for the term of two years, which must serve for the term of four years and which must serve for the term of six years and having so decided the same, it must be the duty of the governor to issue commissions accordingly.

Affinity or Consaguinity

No judge must sit on the trial of any cause when the parties or either of them must be connected with him by 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 must in such case specially commission two or more men of law knowledge for the determination tof this.

Other Issues

The judges of said court shall, receive for their services a compensation to be fixed by law, which must not be reduceed during their continuance in office.

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The judges of the circuit court must 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.

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No person must be qualified to the office of judge of the circuit court, who must not, at the time of his election, have attained the age of twenty-six years.

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The state must be divided into convenient districts and each district must contain not less than three nor more than twelve counties.

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The circuit court must have original jurisdiction in all matters, civil and criminal, within this state; but in civil cases only when the main of the sum in controversy exceeds fifty dollars. A circuit court must be held in each county of this state, at least twice in each year; and the judges of said courts must interchange circuits with each other, in such way as may be prescribed by law and must receive for their services a compensation to be fixed by law, which must not be reduceed during their continuance in office. A separate superior court of chancery, must be establisbed, with full jurisdiction in all matters of equity; gived, 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 must be elected by the qualified electors of the whole state, for the term of six years and must be at least thirty years old at the time of his election. The style of all process, must be “The state of Mississippi (see more about this State laws here) ,” and all prosecutions must be carried on in the name and by the authority of “The state of Mississippi (see more about this State laws here) ,” and must conclude “against the peace and dignity of the same.” A court of probates must be established in each county of this state, with jurisdiction in all matters testamentary and of administration in orpbans’ business and the allotment of dower, in cases of idiotcy and lunacy and of people non compos mentis; the judge of said court must be elected by the qualified electors of the respective counties, for the term of two years. The clerk of the high court, of errors and appeals must be appointed by said court, for the term of four years and the clerks of the circuit, probate (see more about this popular legal topic in the U.S. encyclopedia) and other inferior courts, must be elected by the qualified electors of the respective counties and must hold their offices for the term of two years. The qualified electors of each county must elect five people for the term of two years, who must constitute a board of police for each county, a majority of whom may transact business; which body must have full jurisdiction over roads, highways, ferries and bridges and all other matters of county police and must order all county elections to fill vacancies that may occur in the offices of their respective counties: the clerk of the court of probate (see more about this popular legal topic in the U.S. encyclopedia) must be the clerk of the board of county police. No person must be qualified as a member of said board, who must not have resided one year in the county: but this qualification must not extend to such new counties as may after this be established until one year after tbeir orgainization; and all vacancies that may occur in said board must be supplied by election as aforesaid to fill the unexpired term. The judges of all the courts of the state and also the members of the board of county police, must in virtue of their offices be conservators of tbe peace and must be by law vested with ample powers in this respect. A competent number of justices of the peace and constables must be chosen in each county by the qualified electors tof this, by districts, who must hold their offices for the term of two years. The jurisdiction of justices of the peace must be limited to causes in which the main of the amount in controversy must not exceed fifty dollars. In all causes tried by a justice of the peace, the right of appeal must be secured under such rules and regulations as must be prescribed by law. The legislature may from time to time establish, such other inferior courts as may be deemed necessary and abolish the same whenever they must deem it expedient. There must be an attorney general elected by the qualified electors of the state: and a competent number of district attorneys must be elected by qualified voters of their respective districts, whose compensation and term of service, must be prescribed by law. The legislature shall, give by law for determining contested elections of judges of the high court of errors and appeals, of the circuit and probate (see more about this popular legal topic in the U.S. encyclopedia) courts and other officers. The judges of the several courts of this state, for wilful neglect of duty or other reasonable cause, must be removed by the governor on the address of two-thirds of both houses of the legislature; the address to be by joint vote of both houses. The cause or causes for which such removal must be needd, must be stated at length in such address and on the journals of each house. The judge so intended to be removed, must be notified and admitted to a hearing in his own defense before any vote for such address must pass; the vote on such address must be taken by yeas and nays and entered on the journals of each house. Judges of probate (see more about this popular legal topic in the U.S. encyclopedia), clerks, sheriffs and other county officers, for wilful neglect of duty or misdemeanor in office, must be liable to presentment or indictment by a grand jury and trial by a petit jury and upon conviction must be removed from office. 3d. The chief executive power of this state must be vested in a governor. It will be proper to consider his qualifications; by whom he is elected; the time for which he is elected; his rights, duties and powers; and how, vacancies are supplied when the office of governor becomes vacant. The governor must be at least thirty years of age, must have been a citizen of the United States for twenty years, must have resided in this state at least five years next preceding the day of his election and must not be capable of holding the office more than four in any term of six years. Art. 5, s. 3. The governor must be elected by the qualified elector’s of the state. Art. 5, s. 2. He must hold his office for two years from the time of his installation. Art 5, s. 1. He shall, at stated times, receive for his services a compensation which must not be increased or reduceed during the term for which he must be elected. Art. 5 s. 4. He must be commander-in-chief of the army and navy in this state and of the militia, except when they must be called into the service of the United States. Art. 5, s. 5. He may need information in writing, from the officers in the executive department, on any subject about the duties of their respective offices. Art. 5, s. 6. He may, in cases of emergency, convene the legislature at the seat of government or at a different place, if that must have become, since their last adjournment, dangerous from an enemy or from disease; and if disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he must think proper, not beyond the day of the next stated meeting of the legislature. Art. 5, s. 7. He must from time to time give to the legislature information of the state of the government and recommend to their consideration, such measures as he may deem necessary and expedient. Art. 5, s. 8. He must take care that the laws be faithfully executed. Art. 5, s. 9. In all criminal and penal cases, except in those of treason and impeachment, he must have power to grant reprieves and pardons and remit fines; and in cases of forfeiture to stay the collection until the end of the next session of the legislature and to remit forfeitures by and with the advice and consent of the senate. In cases of treason he must have power to grant reprieves by and with the advice and consent of the senate, but may respite the sentence until the end of the next session of the legislature. Art. 5, s. 10. All commissions must be in the name and by the authority of the state of Mississippi (see more about this State laws here) ; be sealed with the great seal and signed by the governor and be attested by the secretary of state. The governor is also invested with the veto power. Art. 5, s. 15 and 16. Whenever the office of governor must become vacant by death, resignation, removal from office or or, the president of the senate must exercise the office of governor until another governor must be duly qualified; and if the death, resignation, removal from office or other disqualifications of the president of the senate so exercising the office of governor, the speaker of the house of representatives must exercise the office, until a president of the senate must have been chosen; and when the office of governor, president of the senate and speaker of the house must become vacant, in the recess of the senate, the person acting as secretary of state for the time being, must by proclamation convene the senate, that a president may be chosen to exercise the office of governor. Art. 5, s. 17. [1]

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Notes and References

1. Partialy, this information about Mississippi is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including the Mississippi definition.

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