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House of Representatives;" and both together, “the Legislature of the State of Mississippi.” And the style of their laws shall be," Be it enacted by the Legislature of the State of Mississippi."
5. The members of the House of Representatives shall be chosen by the qualified electors, and shall serve for the term of two years, from the day of the commencement of the general election, and no longer.
6. The representatives shall be chosen every two years, on the first Monday and day following in November.
7. No person shall be a representative unless he be a citizen of the United States, and shall have been an inhabitant of this State two years next preceding his election, and the last year thereof a resident of the county, city or town for which he shall be chosen ; and shall have attained the age of twenty-one years.
8. Elections for representatives for the several counties, shall be held at the places of holding their respective courts, or in the several election districts into which the county may be divided ; Provided, That when it shall appear to the Legislature that any city or town hath a number of free white inhabitants equal to the ratio then fixed, such city or town shall have a separate representation, according to the number of free white inhabitants therein, which shall be retained so long as such city or town shall contain a number of free white inhabitants equal to the existing ratio, and thereafter and during the existence of the right of separate representation in such city or town, elections for the county in which such city or town entitled to a separate representation is situated, shall not be held in such city or town. And provided, That if the residuum or fraction of any city or town entitled to separate representation shall, when added to the residuum in the county in which it may lie, be equal to the ratio fixed by law for one representative; then the aforesaid county, city or town, having the largest residuum, shall be entitled to such representation: And provided also, That when there are two or more counties adjoining, which have residuums over and above the ratio then fixed by law, if said residuums, when added together, will amount to such ratio, in that case one representative shall be added to that county having the largest residuum.
9. The Legislature shall at their first session, and at periods of not less than every four, nor more than every six years, until the year 1845, and thereafter at periods of not less than every four, nor more than every eight years, cause an enumeration to be made of all the free white inhabitants of this State, and the whole number of representatives shall, at the several periods of making such enumeration, be fixed by the Legislature, and apportioned among the several counties, cities or towns, entitled to separate representation, according to the number of free white inhabitants in each, and shall not be less than thirty-six nor more than one hundred: Provided, however, That each county shall always be entitled to at least one representative.
10. The whole number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the several districts to be established by law, according to the number of free white inhabitants in each, and shall never be less than one-fourth, nor more than one-third of the whole number of representatives. :11. The senators shall be chosen by the qualified electors, for four years, and on their being convened in consequence of the first election, they shall be divided by lot from their respective districts into two classes as nearly equal as can be.—And the seats of the senators of the first class shall be vacated at the expiration of the second year.
12. Šuch mode of classifying new additional senators shall be observed as will as nearly as possible preserve an equality of numbers in each class.
13. When a senatorial district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a district.
14. No person shall be a senator unless he be a citizen of the United States, and shall have been an inhabitant of this State four years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and have attained the age of thirty years.
15. The House of Representatives, when assembled, shall choose a Speaker and its other officers, and the Senate shall choose a President and its officers, and each house shall judge of the qualifications and elections of its own members : but a contested election shall be determined in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house may provide s
16. Each house may determine the rules of its own proceedings, punish members for disorderly behavior, and with the consent of twothirds, expel a member, but not a second time for the same cause : and shall have all other powers necessary for a branch of the Legislature of a free and independent State.
17. Each house shall keep a journal of its proceedings, and publish the same; and the yeas and nays of the members of either house, on any question, shall at the desire of any three members present, be entered on the journal.
18. When vacancies happen in either house, the Governor, or the person exercising the powers of the Governor, shall issue writs of election to fill such vacancies.
19. Senators and representatives shall in all cases, except of treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from
29. The first election for senators and representatives shall be general throughout the State, and shall be held on the first Monday and day following in November, 1833; and thereafter, there shall be biennial elections for senators to fill the places of those whose term of service may have expired.
30. The first and all future sessions of the Legislature shall be held in the town of Jackson, in the county of Hinds, until the year 1850. During the first session thereafter, the Legislature shall have power to designate by law the permanent seat of government: Provided, however, That unless such designation be, then made by law, the seat of government shall continue permanently at the town of Jackson. The first session shall commence on the third Monday in November, in the year 1833 ; and in every two years thereafter, at such time as may be prescribed by law.
31. The Governor, Secretary of State, Treasurer, Auditor of public accounts, and Attorney-General, shall reside at the seat of government.
ARTICLE IV.-Judicial Department. Sec. 1. The judicial power of this State shall be vested in one High Court of Errors and Appeals, and such other courts of law and equity as are hereafter provided for in this Constitution.
2. The High Court of Errors and Appeals shall consist of three judges, any two of whom shall form a quorum. The Legislature shall divide the State into three districts, and the qualified electors of each district shall elect one of said judges for the term of six years.
3. The office of one of said judges shall be vacated in two years, and of one in four years, and of one in six years, so that at the expiration of every two years, one of said judges shall be elected as aforesaid.
4. The High Court of Errors and Appeals shall have no jurisdiction, but such as properly belongs to a Court of Errors and Appeals.
5. All vacancies that may occur in said court, from death, resignation, or removal, shall be filled by election as aforesaid : Provided. however, that if the unexpired term do not exceed one year, the vacancy shall be filled by executive appointment. A
6. No person shall be eligible to the office of judge of the High Court of Errors and Appeals, who shall not have attained, at the time of his election, the age of thirty years.
7. The High Court of Errors and Appeals shall be held twice in each year, at such place as the Legislature shall direct, until the year eighteen hundred and thirty-six, and afterwards at the seat of government of the State.
8. The Secretary of State, on receiving all the official returns of the first election, shall proceed, forthwith, in the presence and with the assistance of two justices of the peace, to determine by lot among the three candidates having the highest number of votes, which of
said judges elect shall serve for the term of two years, which shall serve for the term of four years, and which shall serve for the term of six years, and having so determined the same, it shall be the duty of the Governor to issue commissions accordingly.
9. No judge shall sit on the trial of any cause when the parties or either of them shall 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 shall in such case specially commission two or more men of law-knowledge for the determination thereof.
10. The judges of said court shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office.
11. The judges of the Circuit Court shall 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.
12. No person shall be eligible to the office of judge of the Circuit Court, who shall not at the time of his election, have attained the age of twenty-six years. : 13. The State shall be divided into convenient districts, and each district shall contain not less than three nor more than twelve coun
14. The Circuit Court shall have original jurisdiction in all matters, civil and criminal, within this State; but in civil cases only when the principal of the sum in controversy exceeds fifty dollars.
15. A Circuit Court shall be held in each county of this State, at least twice in each year; and the judges of said courts, shall interchange circuits with each other, in such manner as may be prescribed by law, and shall receive for their services a compensation to be fixed by law, which shall not be diminished during their continuance in office.
16. A separate Superior Court of Chancery shall be established, with full jurisdiction in all matters of equity; provided, 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 shall be elected by the qualified electors of the whole State, for the term of six years, and shall be at least thirty years old at the time of his election.
17. The style of all process, shall be “ The State of Mississippi," and all prosecutions shall be carried on in the name and by the authority of “ The State of Mississippi," and shall conclude, “ against the peace and dignity of the same."
18. A Court of Probates shall be established in each county of this State, with jurisdiction in all matters testamentary and of administration in orphans' business, and the allotment of dower, increase of