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and such concurrent jurisdiction with and appellate jurisdiction from inferior tribunals and justices of the peace as is or may be provided by law. It shall hold its terms at such times and places in each county as may be by law directed; but at least two terms shall be held every year in each county.
Sec. 23. The circuit court shall exercise a superintending control over criminal courts, probate courts, county courts, municipal corporation courts, justices of the peace, and all inferior tribunals in each county in their respective circuits.
Sec. 24. The State, except as otherwise provided in this Constitution, shall be divided into convenient circuits of contiguous counties, in each of which circuits one circuit judge shall be elected; and such circuits may be changed, enlarged, diminished or abolished, from time to time, as public convenience may require; and whenever a circuit shall be abolished, the office of the judge of such circuit shall cease.
Sec. 25. The judges of the circuit courts shall be elected by the qualified voters of each circuit; shall hold their offices for the term of six years, and shall reside in and be conservators of the peace within their respective circuits.
Sec. 26. No person shall be eligible to the office of judge of the circuit court who shall not have attained the age of thirty years, been a citizen of the United States five years, a qualified voter of this State for three years, and who shall not be a resident of the circuit in which he may be elected or appointed.
Sec. 27. The circuit court of St. Louis county shall be composed of five judges, and such additional number as the General Issembly may, from time to time, provide. Each of said judges sball sit separately for the trial of causes and the transaction of business in special term. The judges of said circuit court may sit in general term, for the purpose of making rules of court, and for the transaction of such other business as may be provided by law, at such time as they may determine; but shall have no power to review any order, decision or proceeding of the court in special term. The St. Louis court of appeals shall have exclusive jurisdiction of all appeals from and writs of error to the circuit courts of St. Charles, Lincoln and Warren counties, and the circuit court of St. Louis county, in special term, and all courts of record having criminal jurisdiction in said counties.
Sec. 28. In any circuit composed of a single county, the General Assembly may, from time to time, provide for one or more
additional judges, as the business shall require; each of whom shall separately try cases and perform all other duties imposed upon circuit judges.
Set. 2:). If there be a vacancy in the office of judge of any circuit, or if the judge be sick, absent, or from any cause unable to hold any term or part of term of court, in any county in his circuit, such terin or part of term of court may be held by a judge of any other circuit; and at the request of the judge of any circuit, any term of court or part of term in his circuit may be held by the judge of any other circuit; and in all such cases, or in any case where the judge cannot preside, the General Assembly shall make such additional provision for holding court as may be found necessary.
Sec. 30. The election of judges of all courts of record shall be held as is or may be provided by law, and in case of a tie or contested election between the candidates, the same shall be determined as prescribed by law.
Sec. 31. The General Assembly shall have no power to establish criminal courts, except in counties having a population exceeding fifty thousand.
Sec. 32. In case the office of judge of any court of record become vacant by death, resignation, removal, failure to qualify, or otherwise, such vacancy shall be filled in the manner prescribed by law.
Sec. 33. The judges of the Supreme, appellate and circuit courts, and of all other courts of record receiving a salary, shall, at stated times, receive such compensation for their services as is or may be prescribed by law; but it shall not be increased or diminished during the period for which they were elected.
Sec. 31. The General Assembly shall establish in every county a probate court, which shall be a court of record, and consist of one judge, who shall be elected. Said court shall have jurisdiction over all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians and curators of minors and persons of unsound mind, settling the accounts of executors, administrators, curators and guardians, and the sale or leasing of lands by administrators, curators and guardians; and, also, jurisdiction over all matters relating to apprentices: Provided, that until the Gen eral Assembly shall provide by law for a uniform system of probate courts, the jurisdiction of probate courts heretofore established shall remain as now provided by law.
Sec. 35. Probate courts shall be uniform in their organization, jurisdiction, duties and practice, except that a separate clerk may be provided for, or the judge may be required to act, ex-officio, as his own clerk.
Sec. 36. In each county there shall be a county court, which shall be a court of record, and shall have jurisdiction to transact all county and such other business as may be prescribed by law. The court shall consist of one or more judges, not exceeding three, of whom the probate judge may be one, as may be provided by law.
Sec. 37. In each county there shall be appointed, or elected, as many justices of the peace as the public good may require, whose powers, duties and duration of office shall be regulated by law.
Sec. 38. All writs and process shall run and all prosecutions shall be conducted in the name of the “State of Missouri;" all writs shall be attested by the clerk of the court from which they shall be issued; and all indictments shall conclude, “ against the peace and dignity of the State.”
Sec. 39. The St. Louis court of appeals and Supreme court shall appoint their own clerks. The clerks of all other courts of record shall be elective, for such terms and in such manner as may be directed by law: Provided, that the term of office of no existing clerk of any court of record, not abolished by this Constitution, shall be affected by such law.
Sec. 40. In case there be a tie or a contested election between candidates for clerk of any court of record, the same shall be determined in such manner as may be directed by law.
Sec. 41. In case of the inability of any judge of a court record to discharge the duties of his office with efficiency, by reason of continued sickness, or physical or mental infirmity, it shall be in the power of the General Assembly, two-thirds of the members of each house concurring, with the approval of the Governor, to remove such judge from office; but each house shall state on its respective journal the cause for which it shall wish his removal, and give him notice thereof, and he shall have the right to be heard in his defense, in such manner as the General Assembly shall by law direct.
Sec. 42. All courts now existing in this State, not named or provided for in this Constitution, shall continue until the expiration of the terms of office of the several judges; and as such
terms expire, the business of said courts shall vest in the court l'aving jurisdiction thereof in the counties where said courts now exist, and all the records and papers shall be transferred to the proper courts.
Sec. 43. The Supreme court of the State shall designate what opinions delivered by the court, or the judges thereof, may be ī rinted at the expense of the State; and the General Assembly shall make no provision for payment by the State for the publi. cation of any case decided by said court, not so designated.
Sec. 44. All judicial decisions in this State shall be free for publication by any person.
Impeachments. Section 1. The Governor, Lieutenant-Governor, Secretary 01 State, State Auditor, State Treasurer, Attorney-General, Superintendent of Public Schools and Judges of the Supreme, circuit and criminal courts, and of the St. Louis court of appeals, shall be liable to impeachment for high crimes or misdemeanors, and for misconduct, habits of drunkenness, or oppression in office.
Sec. 2. The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate, and, when sitting for that purpose, the Senators shall be sworn to do justice according to law and evidence. When the Governor of the State is on trial, the Chief Justice of the Supreme court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators present. But judg. ment in such case shall not extend any further than removal from office, and disqualification to hold any office of honor, trust or profit under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law.
Suffrage and Elections. Section 1. The general election shall be held biennially on the Tuesday next following the first Monday in November. The first general election under this Constitution shall be held on that day in the year one thousand eight hundred and seventy-six; but the General Assembly may, by law, fix a different day-twothirds of all the members of each house consenting thereto.
Sec. 2. Every male citizen of the United States, and every male person of foreign birth, who may have declared his inten. tion to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessirg the following qualifications, shall be entitled to vote at all wections by the people.
First-He shall have resided in the State one year immediately preceding the election at which he offers to vote.
Second-He shall have resided in the county, city or town where he shall offer to vote, at least sixty days immediately precedir: the election.
Sec. 3. All elections by the people shall be by ballot; every ballot voted shall be numbered in the order in which it shall be received, and the number recorded by the election officers on the list of voters, opposite the name of the voters who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any voter shall have voted unless required to do so as witnesses in a judicial proceeding: Provided, that in all cases of contested elections the ballots cast may be counted, compared with the list of voters, and examined under such safeguards and regulations as may be prescribed by law.
Sec. 4. Voters shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom.
Sec. 5. The General Assembly shall provide, by law, for the registration of all voters in cities and counties having a population of more than one hundred thousand inhabitants, and may provide for such registration in cities having a population Exceeding twenty-five thousand inhabitants and not exceeding one hundred thousand, but not otherwise.
Sec. 6. All elections, by persons in a representative capacity, shall be viva voce.
Sec. 7. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in the service, either civil or military, of this State or of the United States, nor while engaged in the navigation of the waters of the State or of the United States, or of the high seas, nor while a student of any institution of learning, nor while kept in a poor-house or other asylum at public expense, nor while confined in public prison.