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SEC. 11. The governor shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient, and at the commencement of each session of the general assembly, and at the close of his term of office, give information by written message of the condition of the State, and he shall account to the general assembly, as may be prescribed by law, for all moneys received and paid out by him from any funds subject to his order, with the vouchers therefor, and he shall at the commencement of each regular session present to the general assembly estimates of the amount of money required to be raised by taxation for all purposes.
SEC. 12. The governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law, and after conviction to grant reprieves, commutation of sentence, and pardons, (except in cases of treason and impeachment;) but pardons in cases of murder, arson, burglary, rape, assault with intent to commit rape, perjury, forgery, bribery, and larceny shall not relieve from civil and political disability unless specifically expressed in the pardon. Upon conviction of treason, the governor may suspend the execution of the sentence, and report the same to the general assembly at the next regular session, when the general assembly shall either pardon, commute the sentence, direct its execution, or grant further reprieve. He shall communicate to the general assembly at every regular session each case of reprieve, commutation, or pardon granted, with his reasons therefor; stating the name and crime of the convict, the sentence, its date, and the date of the reprieve, commutation, or pardon.
SEC. 13. Every bill, which shall have passed both houses of the general assembly, shall be presented to the governor; if he approve, he shall sign it, but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large upon the journals, and the house to which such bill shall be returned shall proceed to reconsider it; if, after such reconsideration, a majority of the whole number elected to that house shall vote for the passage of such bill, it 'shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered ; if approved by a majority of the whole number elected to that house, it shall become a law; but in such cases, the vote of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered upon the journals of each house respectively; if any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the general assembly by their adjournment prevent its return, in which case it shall not be a law. And every order, vote, or resolution, to which the concurrence of both houses may be necessary (except questions of adjournment, and of bringing on elections by the two houses, and of amending this constitution) shall be presented to the governor, and before the same shall take effect be approved by him, or being disapproved shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.
SEC. 14. The governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriations disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto, and he shall, in writing, state specifically the item or items he disapproves.
SEC. 15. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, absence from the State, or other disability, the president of the senate shall exercise all the power and authority appertaining to the office of governor, until the time appointed for the election of governor shall arrive, or until the governor who is absent or impeached, shall return or be acquitted, or other disability be removed, and if during such vacancy in the office of governor, the president of the senate shall be impeached, removed from office, refuse to qualify, die, resign, be absent from the State, or be under any other disability, the speaker of the house of representatives shall in like manner administer the government. If the governor shall be absent from the State over twenty days, the secretary of state shall
notify the president of the senate, who shall enter upon the duties of governor, and if the governor and president of the senate shall both be absent from the State over twenty days, the secretary of state shall notify the speaker of the house of representatives, and in such case he shall enter upon and discharge the duties of governor, until the return of the governor or president of the senate.
Sec. 16. The president of the senate and speaker of the house of representatives shall, during the time they respectively administer the government, receive the same compensation which the governor would have received if he had been employed in the duties of his office: Provided, That if the general assembly shall be in session during such absence, they, or either of them, shall receive no compensation as members of the general assembly while acting as governor.
Sec. 17. No person shall, at one and the same time, hold the office of governor of this State and any other office, civil or military, either under this State, the United States, or any other State or government, except as otherwise provided in this constitution.
Sec. 18. The governor shall be commander-in-chief of the militia and volunteer forces of the State, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel invasion ; but he need not command in person, unless directed to do so by a resolution of the general assembly, and when acting in the service of the United States he shall appoint his staff and the general assembly shall fix his rank.
Sec. 19. No person shall be eligible to the office of secretary of state, state treasurer, state auditor, or attorney-general, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five years old when elected.
SEC. 20. There shall be a great seal of the State, which shall be used officially by the governor; and the seal now in use shall continue to be used until another shall have been adopted by the general assembly. The said seal shall be called the "great seal of the State of Alabama."
Sec. 21. The secretary of state shall be custodian of the seal of the State, and shall authenticate therewith all official acts of the governor, his approval of laws and resolutions excepted. He shall keep a register of the official acts of the governor, and when necessary shall attest them, and lay copies of same, together with copies of all papers relative thereto, before either house of the general assembly, whenever required to do so, and shall perform such other duties as may be prescribed by law.
Sec. 22. All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the great seal, signed by the governor and countersigned by the secretary of state.
Sec. 23. Should the office of secretary of state, State treasurer, State auditor, attorney-general, or superintendent of education become vacant, for any of the causes specified in section fifteen of this article, the governor shall fill the vacancy until the disability is removed or a successor elected and qualified.
Sec. 24. The State treasurer, State auditor, and attorney-general shall perform such duties as may be prescribed by law. The State treasurer and State auditor shall every year, at a time the general assembly may fix, make a full and complete report to the governor, showing all receipts and disbursements of revenue, of every character, all claims audited and paid by the State, by items, and all taxes and revenue collected and paid into the treasury, and from what sources, and they shall make reports oftener on any matter pertaining to their office, if required by the governor, or the general assembly.
SEC. 25. The State auditor, State treasurer, and secretary of state shall not, aster the expiration of the terms of those now in office, receive to their use any fees, costs, perquisites of office, or compensation other than their salaries as prescribed by law; and all fees that may be payable by law, for any service performed by either of such officers, shall be paid in advance into the State treasury.
SEC. 26. A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of four years, unless sooner rem
emoved, and shall
be ineligible to such office as his own successor: Provided, That sheriffs elected on the first Monday in August, 1877, or at such other time as may be prescribed by law for the election in that year, shall hold their offices for the term of three years, and until their successors shall be elected and qualified. In the year 1880, at the general election for members of the general assembly, sheriffs shall be elected for four years as herein provided. Vacancies in the office of sheriff shall be filled by the governor, as in other cases, and the person appointed shall continue in office until the next general election in the county for sheriff, as provided by law
SECTION 1. The judicial power of the State shall be vested in the senate, sitting as a court of impeachment, a supreme court, circuit courts, chancery courts, courts of probate, such inferior courts of law and equity, to consist of not more than five members, as the general assembly may from time to time establish, and such persons as may be by law invested with powers of a judicial nature.
Sec. 2. Except in cases otherwise directed in the constitution, the supreme court shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law: Provided, That said court shall have power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdiction.
SEC. 3. The supreme court shall be held at the seat of government, but if that shall have become dangerous from any cause, it may adjourn to a different place. I SEC. 4. The State shall be divided by the general assembly into convenient circuits, not to exceed eight in number, unless increased by a vote of two-thirds of the members of each house of the general assembly, and no circuit shall contain less than three nor more than twelve counties, and for each circuit there shall be chosen a judge, who shall for one year next preceding his election and during his continuance in office reside in the circuit for which he is elected.
SEC. 5. The circuit court shall have original jurisdiction in all matters, civil and criminal, within the State, not otherwise in this constitution; but in civil cases only when the matter or sum in controversy exceeds fifty dollars.
Sec. 6. A circuit court shall be held in each county in the State at least twice in every year; and the judges of the several circuits may hold court for each other when they deem it expedient, and shall do so when directed by law: Frovided, That the judges of the several circuit courts shall have power to issue writs of injunction returnable into courts of chancery.
Sec. 7. The general assembly shall have power to establish a court or courts of chancery, with original and appellate jurisdiction. The State shall be divided by the general assembly into convenient chancery divisions, not exceeding three in number, unless an increase shall be made by a vote of two-thirds of each house of the general assembly, taken by yeas and nays and entered upon the journals; and the division shall be divided into districts, and for each division there shall be a chancellor, who shall, at the time of his election or appointment, and during his continuance in office, reside in the division for which he shall have been elected or appointed.
Sec. 8. A chancery court shall be held in each district, at a place to be fixed by law, at least once in each year; and the chancellors may hold courts for each other when they deem it necessary,
SEC. 9. The general assembly shall have power to establish in each county within the State a court of probate, with general jurisdiction for the granting of letters testamentary and of administration, and for orphans' business.
Sec. 10. The judges of the supreme court, circuit courts, and chancellors shall, at stated times, receive for their services a compensation, which shall not be diminished
during their official terms, but they shall receive no fees or perquisites, nor hold any office (except judicial offices) of profit or trust under this State, or the United States, or any other power, during the term for which they have been elected.
Sec. 11. The supreme court shall consist of one chief justice and such number of associate justices as may be prescribed by law.
Sec. 12. The chief-justice and associate justices of the supreme court, judges of the circuit courts, probate courts, and chancellors shall be elected by the qualified electors of the State, circuits, counties, and chancery divisions for which such courts may be established, at such time as may be prescribed by law.
Sec. 13. The judges of such inferior courts of law and equity as may be by law established, shall be elected or appointed, in such mode as the general assembly may prescribe.
Sec. 14. The judges of the supreme court, circuit courts, and chancellors, and the judges of city courts, shall have been citizens of the United States and of this State for five years next preceding their election or appointment, and shall be not less than twenty-five years of age, and learned in the law.
SEC. 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 offices for the full term, 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.
Sec. 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 jurisdictions, shall, in like manner, be conservators of the peace.
Sec. 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.
Sec. 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, and 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 upon a special judge or chancellor, or if either party in a civil cause is not represented in court, the clerk of the circuit or city court, or register in chancery, of the court in which said cause is pending, shall appoint the special judge or chancellor, who shall preside, try, and render judgments as in this section provided.
SEC. 19. The general assembly shall have power to provide for the holding of circuit and chancery courts in this State, when the judges or chancellors thereof fail to attend regular terms.
SEC. 20. No judge of any court of record, in this State, shall practice law in any of the courts of this State or of the United States.
SEC. 21. Registers in chancery shall be appointed by the chancellors of the divisions, and shall hold office during the term of the chancellor making such appointment; and such registers shall receive as compensation for their services only such fees and commissions as may be specifically prescribed by law.
SEC. 22. A clerk of the supreme court shall be appointed by the judges thereof, and shall hold office during the term of the judges making the appointment, and clerks of such inferior courts as may be established by law shall be appointed by the judges thereof, and shall hold office during the term of the judge making such appointment.
SEC. 23. Clerks of the circuit court shall be elected by the qualified electors in each county, for the term of six years. Vacancies in such office shall be filled by the governor for the unexpired term.
SEC. 24. The clerk of the supreme court and registers in chancery may be removed from office by the judges of the supreme court and chancellors respectively, for cause, to be entered at length upon the records of the court.
SEC. 25. A solicitor for each judicial circuit shall be elected by joint ballot of the general assembly, who shall be learned in the law, and who shall, at the time of his election, and during his continuance in office, reside in the circuit for which he is chosen, and whose term of office shall be for six years: Provided, That the general assembly, at its first session thereof after the ratification of this constitution, shall, by joint ballot, elect a solicitor for each judicial circuit of the State, whose term of office shall begin on Tuesday after the first Monday in November, 1876, and continue for four years: And provided, That the general assembly may, when necessary, provide for the election or appointment of county solicitors.
SEC. 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 $100, except in cases of libel, slander, assault and battery, and ejectment. In all cases tried before such justices, the right of appeal, without prepayment 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 5,000 inhabitants, 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: Provided, That notaries public without such jurisdiction may be appointed. The term of office of such justice and notaries public shall be prescribed by law.
SEC. 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, and 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.
Sec. 28. The style of all processes 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."
SECTION 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 wilful neglect of duty, corruption in office, habitual drunkenness, incómpetency, or any offence 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.
SEC. 2. The chancellors, judges of the circuit courts, judges of the probate courts, solicitors of the circuits and judges of 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.
SEC. 3. The sheriffs, clerks of the circuit, city, or criminal courts, tax-collectors, taxassessors, county treasurers, coroners, justices of the peace, notaries public, constables, and all other county officers, mayors and intendents of incorporated cities and towns in this State, may be removed from office for any of the causes specified in section one