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cuits, counties and chancery divisions for which such courts may be established, at such times as may be prescribed by law.
13. The judges of such inferior courts of law and equity as may be by law established, shall be appointed in such mode as the General Assembly may prescribe.
14. The Judges of the Supreme Court, Circuit Courts, chancellors, and the judges of the city courts, shall have been citi. zens of the United States and of this State five years next preceding their election or appointment, and shall not be less than twenty-five years of age, and learned in the law.
15. The Chief Justice and Associate Justices of the Supreme Court, circuit judges, chancellors and probate judges shall hold office for the term of six years and until their successors are elected or appointed and qualified; and the right of such judges and chancellors to hold their office for the full time hereby prescribed, shall not be affected by any change hereafter made by law in any circuit, division or county in the mode or time of election.
16. The Judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the State; the judges of the circuit courts within their respective circuits, and the judges of the inferior courts within their respective juris. dictions, shall in like manner be conservators of the peace.
17. Vacancies in the office of any of the judges or chancellors of this State shall be filled by appointment by the Governor, and such appointee shall hold his office for the unexpired term and until his successor is elected or appointed and qualified.
18. If in any case, civil or criminal, pending in any circuit, chancery or city court in this State, the presiding judge or chancellor shall, for any legal cause be incompetent to try, hear or render judgment in such cause, the parties or their attorneys of record, if it be a civil case, or the solicitor or other prosecuting officer, and the defendant or defendants, if it be a criminal case, may agree upon some disinterested person, practicing in the court and learned in the law, to act as special judge or chancellor, to sit as a court to hear, decide and render judgment in the same manner and to the same effect as a judge of the circuit or city court, or chancellor, sitting as a court might do in such case. If the case be a civil one and the parties, or their attorneys of record do not agree, or if the case be a criminal one and the prosecuting officer and the defendant or defendants do not agree
citizens and inhabitants of this State for three years, and inhabitants of their respective counties or districts one year next before their election, if such county or district shall have been so long established, but if not, then of the county or district from which the same shall have been taken; and they shall reside in their respective counties or districts during their terms of service.
5. The General Assembly shall meet biennially, at the capitol, in the Senate chamber and in the hall of the House of Representatives (except in cases of destruction of the capitol, or epidemics, when the Governor may convene them at such place in the State as he may deem best), on the day specified in this Constitution, or on such other day as may be prescribed by law, and shall not remain in session longer than sixty days at the first session held under this Constitution, nor longer than fifty days at any subsequent session.
6. The pay of the members of the General Assembly shall be four dollars per day, and ten cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled.
7. The General Assembly shall consist of not more than thirty-three Senators, and not more in one hundred members of the House of Representatives, to be apportioned among the several districts and counties as prescribed in this Constitution.
8. The Senate, at the beginning of each regular session, and at such other times as may be necessary, shall elect one of its members President thereof, and the House of Representatives, at the beginning of each regular session, shall elect one of its members as Speaker, and the President of the Senate and the Speaker of the House of Representatives shall hold their offices, respectively, until their successors are elected and qualified. Each house shall choose its own officers, and shall judge of the election returns and qualifications of its members.
9. At the general election in the year eighteen hundred and seventy-six, Senators shall be elected in the even numbered districts, to serve for two years, and in the odd numbered districts to serve for four years, so that hereafter one-half of the Senators may be chosen biennially. Members of the House of Representatives shall be elected at the general election every second year. The time of service of Senators and Representatives shall
General Assembly may, when necessary, provide for the election or appointment of county solicitors.
26. There shall be elected by the qualified electors of each precinct of the counties, not exceeding two justices of the peace and one constable. Such justices shall have jurisdiction in all civil cases wherein the amount in controversy does not exceed one hundred dollars, except in cases of libel, slander, assault and battery, and ejectment.
In all cases tried before such justices, the right of appeal, without repayment of costs, shall be secured by law: Provided, That the Governor may appoint one notary public for each election precinct in counties, and one for each ward in cities of over five thousand inhabitanas, who, in addition to the powers of notary, shall have and exercise the same jurisdiction as justices of the peace within the precincts and wards for which they are respectively appointed: And provided, That notaries public without such jurisdiction may be appointed. The term of office of such justices and notaries public shall be prescribed by law.
27. An Attorney-General shall be elected by the qualified electors of the State at the same time and places of election of members of the General Assembly, whose term of office shall be for two years, and until his successor is elected and qualified. After his election he shall reside at the seat of government, and shall be the law officer of the State, and shall perform such duties as may be required of him by law.
28. The style of all process shall be “The State of Alabama," and all prosecutions shall be carried on in the name and by the authority of the same, and shall conclude " Against the peace and dignity of the State."
Impeachments. 1. The Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Education and judges of the Supreme Court, may be removed from office for willful neglect of duty, corruption in office, 'habitual drunkenness, incompetency, or any offense involving moral turpitude while in office, or committed under color thereof or connected therewith, by the Senate, sitting as a court for that purpose, under
oath or affirmation, on articles or charges preferred by the House of Representatives.
2. The chancellors, judges of the circuit courts, judges of the probate courts, solicitors of the circuits and judges of the inferior courts, from which an appeal may be taken directly to the Supreme Court, may be removed from office for any of the causes specified in the preceding section, by the Supreme Court, under such regulations as may be prescribed by law.
3. The Sheriffs, clerks of the circuits, city or criminal courts, Tax Collectors, Tax Assessors, County Treasurers, Coroners, Justices of the Peace, Notaries Public, Constables, and all other county officers, Mayors and Intendants of incorporated cities and towns in this State, may be removed from office for any of the causes specified in section one of this article, by the circuit, city or criminal court of the county in which such officers hold their office, under such regulations as may be prescribed by law: Provided, That the right of trial by jury and appeal in such cases be secured.
4. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualification from holding office under the authority of this State, for the term for which he was elected or appointed; but the accused shall be liable to indictment and punishment as prescribed by law.
Suffrage and Election. 1. Every male citizen of the United States, and every male person of foreign birth who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is twenty-one years old, or upwards, possessing the following qualifications, shall be an elector and shall be entitled to vote at any election by the people, except as hereinafter provided: First. He shall have resided in this State at least one year immediately preceding the election at which he offers to vote. Second. He shall have resided in the county for three months, and in the precinct or ward for thirty days immediately preceding the election at which he offers to vote: Provided, That the General Assembly may prescribe a longer or shorter residence in any precinct in any county, or in any ward in any incorporated city or town having a population of more than five thousand inhabitants, but in no case to exceed three months;
And, provided, That no soldier, sailor or marine, in the military or naval service of the United States shall acquire a residence by being stationed in this State.
2. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce.
3. The following classes shall not be permitted to register, vote or hold office: First. Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime, punishable by imprisonment in the penitentiary. Second. Those who are idiots or insane.
4. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom.
5. The General Assembly shall pass laws, not inconsistent with the Constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State. The General Assembly may, when necessary, provide by law for the registration of electors throughout the State, or in any incorporated city or town thereof, and when it is so provided no person shall vote at any election unless he shall have registered, as required by law.
6. It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at all elections.
7. Returns of elections for all civil officers who are to be commissioned by the Governor, except Secretary of State, State Auditor, State Treasurer and Attorney-General, and for the members of the General Assembly, shall be made to the Secre. tary of State.
Representation. 1. The whole number of Senators shall be not less than onefourth, or more than one-third, of the whole number of representatives.
2. The House of Representatives shall consist of not more than one hundred members, who shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in them respectively, as ascertained by the decennial census of the United States