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vested in court
ed by address.
Concerning the Judicial Department. Section 1. The judicial power of this Commonwealth, Judicial power both as to matters of law and equity, shall be vested in
ol appeals, and one Supreme Court, (to be styled the Court of Appeals,) the Courts established by this Constitution, and such Courts, inferior to the Supreme Court, as the General Assembly may, from time to time, érect and establish.
CONCERNING THE COURT OF APPEALS.
the court of ap jurisdiction only, which shall be co-extensive with the peuls. State, under such restrictions and regulations, not repug. nant to this Constitution, as may, from time to time, be prescribed by law. Section 3. The Judges of the Court of Appeals shall,
Judges, how after their first term, hold their offices for eight years, from terbe chosene & and after their election, and until their successors shall be duly qualified, subject to the conditions hereinafter
prescribed; but for any reasonable cause, the Governor shall
May be remov. remove any of them on the address of two-thirds of each house of the General Assembly: Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each house. They shall, at stated times, receive for Their salaries. their services an adequate compensation, to be fixed by law, which shall not be diminished during the time for which they shall have been elected.
Section 4. The Court of Appeals shall consist of four Judges, any
three of whom may constitute a Court for the be elected by dis. transaction of business. The General Assembly, at its first session after the adoption of this Constitution, shall divide the State, by counties, in four districts, as nearly equal in voting population, and with as convenient limits as may be, in each of which the qualified voters shall elect one Judge of the Court of Appeals : Provided, that whenever a vacancy shall occur in said Court, from any be reduced. cause, the General Assembly shall have the power to reduce the number of Judges and districts; but in no event shall there be less than three Judges and districts. Should a change in the number of the Judges of the Court of Appeals be made, the term of office and number of districts to be changed. shall be so changed as to preserve the principle of electing one Judge every two years.
To consist of lour judges, to conservators of the peace.
Process to bo
elected, how long to serve.
Section 5. The Judges shall, by virtue of their offices, be Judges to be conservators of the peace throughout the State. The
style of all process shall be, “The Commonwealth of ken
tucky.” All prosecutions shall be carried on in the name in name of the and by the authority of the Commonwealth of Kentucky,
and conclude "against the peace and dignity of the same.”
Section 6. The Judges first elected shall serve as follows, Judges first to-wit: one shall serve until the first Monday in August,
1852; one until the first Monday in August, 1954 ; one until the first Monday in August, 1836, and one until the first Monday in August, 1858. The Judges, at the first term of the Court succeeding their election, shall determine, by lot, the length of time which each one shall serve; and at the expiration of the service of each, an election in the proper district shall take place to fill the vacancy. The Judge having the shortest time to serve shall be styled the Chief Justice of Kentucky.
Section 7. If a vacancy shall occur in said Court from Vacancies, how any cause, the Governor shall issue a writ of election to to be filled.
the proper district to fill such vacancy for the residue of the term: Provilcd, that if the unexpired term be less than one year, the Governor shall appoint a Judge to fill such vacancy
Section 8. No person shall be eligible to the office o: Qualifications Judge of the Court of Appeals, who is not a citizen of the court of appeals United States, a resident of the district for which he may
be a candidate two years next preceding his election, at least thirty years of age, and who has not been a practicing lawyer eight years, or whose service upon the bench of any Court of record, when added to the time he may have practiced law, shall not be equal to eight years.
Section 9. The Court of Appeals shall hold its sessions Where sessions at the seat of government, unless otherwise directed by to be held.
law; but the General Assembly may, from time to time, direct that said Court shall hold its sessions in any one or more of said districts.
SECTION 10. The first election of the Judges and Clerk or When first elec. Clerks of the Court of Appeals shall take place on the tion of judges & clerk to tako second Monday in May, 1851, and thereafter, in each dis
trict as a vacancy may occur, by the expiration of the term of office; and the Judges of the said Court shall be commissioned by the Governor.
of judge the
Clerk or clerks
SECTION 11. There shall be elected, by the qualified voters of this State, a Clerk of the Court of Appeals, who term of service,
duties, &c. shall hold his office, from the first election, until the first Monday in August, 1858, and thereafter for the term of eight years from and after his election; and should the General Assembly provide for holding the Court of Appeals in any one or more of said districts, they shall also provide for the election of a Clerk, by the qualified voters of such district, who shall hold his office for eight years, possess the same qualifications, and be subject to removal in the same manner as the Clerk of the Court of Appeals; but if the General Assembly shall, at its first or any other session, direct the Court of Appeals to hold its session in more than one district, a Clerk shall be elected by the qualified voters of such district. And the Clerk, first provided for in this section, shall be elected by the qualified voters of the other district or districts. The same principle shall be observed whenever the Court shall be directed to hold its sessions in either of the other districts. Should the number of Judges be reduced, the term of the office of Clerk shall be six years. Section 12. No person shall be eligible to the office of
Qualifications Clerk of the Court of Appeals, unless he be a citizen of the United States, a resident of the State two years next preceding his election, of the age of twenty-one years, and have a certificate from a Judge of the Court of Appeals, or a Judge of the Circuit Court, that he has been examined by the Clerk of his Court, under his supervision, and that he is qualified for the office for which he is a candidate.
Section 13. Should a vacancy occur in the office of Clerk Vacancy in of the Court of Appeals, the Governor shall issue a writ to be filled. of election, and the qualified voters of the State, or of the district in which the vacancy may occur, shall elect a Clerk of the Court of Appeals, to serve until the end of the term for which such Clerk was elected : Provided, that when a vacancy shall occur from any cause, or the Clerk be under charges upon information, the Judges of the Court of Appeals shall have power to appoint a Clerk pro tem., to perform the duties of Clerk until such vacancy shall be filled, or the Clerk acquitted: And, provided further, that no writ of election shall issue to fill a vacancy unless the unexpired term exceed one year.
or clerk, &c.
ducting . tions and mak.
shall be estab.
Section 14. The General Assembly shall direct, by law, Mode of elec: the mode and manner of conducting and making due reing returns to turns to the Secretary of State, of all elections of the Judg.
es and Clerk or Clerks of the Court of Appeals, and of determining contested elections of any of these officers.
Section 15. The General Assembly shall provide for an How special additional Judge or Judges, to constitute, with the remaincourt of appeals shall be providing Judge or Judges, a special Court for the trial of such
cause or causes as may, at any time, be pending in the Court of Appeals, on the trial of which a majority of the Judges cannot sit, on account of interest in the event of the cause; or on account of their relationship to either party; or when a Judge may have been employed in or decided the cause in the inferior Court.
CONCERNING THE CIRCUIT COURTS.
SECTION 16. A Circuit Court shall be established in each Circuit courts county now existing, or which may hereafter be erected in lished.
Section 17. The jurisdiction of said Court shall be and remain as now established, hereby giving to the General Assembly the power to change or alter it.
Section 18. The right to appeal or sue out a writ of erAppeals. ror to the Court of Appeals shall remain as it now exists,
until altered by law, hereby giving to the General Assembly the power to change, alter, or modify said right.
Section 19. At the first session after the adoption of this General assem. Constitution, the General Assembly shall divide the State bly
12 into twelve judicial districts, having due regard to business,
territory, and population : Provided, that no county shall be divided.
SECTION 20. They shall, at the same time that the judicial Circuit judges districts are laid off, direct elections to be held in each diswhen and how. trict, to elect a Judge for said district, and shall prescribe
in what manner the elections shall be conducted. The first election of Judges of the Circuit Court shall take place on the second Monday in May, 1851; and afterwards on the first Monday in August, 1856, and on the first Monday in August in every sixth year thereafter.
Section 21. All persons qualified to vote for members of Who may vote the General Assembly, in each district, shall have the right .
to vote for Judges. Who shall be
SECTION 22. No person shall be eligible as Judge of the eligible as cir. cuit judge.
Circuit Court who is not a citizen of the United States, a
to divide state into districts.
to be elected
their tem ur of
When addition. al districts may
resident of the district for which he may be a candidate
Section 23. The Judges of the Circuit Court shall, after Circuit judges-
Section 24. The General Assembly, if they deem it necessary, may establish one additional district every four
be established. years, but the judicial districts shall not exceed sixteen, until the population of this State shall exceed one million five hundred thousand. SECTION 25. The Judges of the Circuit Courts shall, at Compensation
of circuit judges stated times, receive for their services an, adequate compensation, to be fixed by law, which shall be equal and uniform throughout the State, and which shall not be diminished during the time for which they were elected.
Section 26. If a vacancy shall occur in the office of Vacancies, how Judge of the Circuit Court, the Governor shall issue a writ of election to fill such vacancy, for the residue of the term: Provided, that if the unexpired term be less than one year, the Governor shall appoint a Judge to fill such vacancy.
Section 27. The Judicial Districts of this State shall not When judicial be changed, except at the first session after an enumera- changed. tion, unless when a new District may be established. SECTION 28. The General Assembly shall provide by law
CONCERNING COUNTY COURTS.
to be filled.
districts may be
to be established and of whom to consist.