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Chief Justice. Judgcs, ouc of whom shall be styled Chief Justice, and
Quorum. elected as such ; any two of whom shall constitute a quorum,

and the concurrence of two Judges shall, in every case, be
necessary to a decision.
Increase ofnum- Sec. 3. Whcu the populatioii of tlic State shall amount

ber of Judges of

Supreme Court. ^^ ^^^^ million, the General Assembly may, if deemed neces-
sary, increase the number of Judges of the Supreme Court to
five; and, on such increase, a majority of Judges sViall be
necessary to make a quorum or a decision .

General jurisdic- Sec. 4. The Supreme Court, except in cases otherwise

tion ot bupreme ^ ^

provided by this Constitution, shall have appellate jurisdic-
tion only; which shall be coextensive with the State, under such
restrictions as may from time to time be prescribed by law.
It shall have a general superintending control over all inferi-
or courts or law and equity ; and, in aid of its appellate and
supervisory jurisdiction, it shall have power to issue writs of
error, and supersedeas, certiorari, habeas corpus, prohibition,
mandamus, and quo warranto, and other remedial writs ; and
Jurisdiction to hear and determine the same. Its Judges shall be con-

ot individual '^

preme^ Court. ^"' scrvators of the peace throughout the State, and shall sever-
ally have power to issue any of the aforesaid writs.



Art. 7.] STATE OF ARKANSAS. 23

Sec. 5. In the exercise of orie^iiial iurisdlction, the Jurisdiction of

'-' '^ Supreme Court in

Supreme Court shall have power to issue writs of quo war- """ *''«''''*"'*°-
ranto to the Circuit Judges and Chancellors, when created,
and to officers of Political Corporations when the question
involved is the legal existence of such corporations.

Sec. 6. A Jud^e of the Supreme Court shall be at least Qualifications of

^ ^ Judges of bu-

thirty years of age, of good moral character, and learned in
the law ; a citizen of the United States, and two years a resi-
dent of the State ; and who has been a practicing lawyer
eight years, or whose service upon the bench of any Court of
Kecord, when added to the time he may have' practiced law,
shall be equal to eight years. The Judges of the Supreme Election.
Court shall be elected by the qualified electors of the State,
and shall hold their offices during the term of eight years Term of office,
from the date of their commissions ; but at the first meeting
of the Court, after the first election under this Constitution,
the Judges shall, by lot, divide themselves into three classes ;
one of which shall hold his office for four, one for six, and
the other for eight years; after which, each Judge shall be
elected for a full term of eight years. A record shall be
made in the court of this classification.

Sec. 7. The Supreme Court shall appoint its Clerk and cierk and Re-
porter of Supreme
Reporter, who shall hold their offices for six years, subject to Term'of office.

removal for good cause.

Sec. 8. The terms of the Supreme Court shall be held at Terms of Su-
preme Court,
the seat of government, at the times that now are, or may be,

provided by law\

Sec. 9. In case all, or any of the Judges of the Supreme Special Judges

of Supreme

Court shall be disqualified from presiding in any cause or "
causes, the Court, or the disqualified Judge, shall certify the
same, to the Governor, who shall immediately commission
the requisite number of men learned in the law, to sit in the
trial and determination of such causes.



Court.



24 CONSTITUTIOK OF THE [Art 7.

Compensation of Seg. 10. The Supreme Judges shall at stated times, re-

Supreme Judges.

ceive a compensation for their services to be ascertained by

law, which shall not be, after the adjournment of the next

General Assembly, diminished during the time for which

Their disquaiifi- they shall havc been elected. They shall not be allowed any

cation to hold

other office. ^'^^g ^j, perquisites of office, nor hold any other office, nor
hold any office of trust or profit under the State or the United
States.

Jurisdiction of Sec. 11. The circuit court shall have jurisdiction in all

Circuit Courts.

civil and criminal cases, the exclusive jurisdiction of which
may not be vested in some other court provided for by this
Constitution.
Terms of Circuit Si^c. 12. The Circuit Courts shall hold their terms in each

Courts.

county, at such times and places as are, or may be, prescribed
by law.

Judicial circuits. Sec. 13. The State shall be divided into convenient cir-
cuits, each circuit to be made up of contiguous counties, for

Judge of Circuit cacli of which circuits a Judge shall be elected ; M^ho, during

Court to reside

toi^of ''peacrin ^^^^ continuancc in office, shall reside in and be a conservator

his circuit.

of the peace within the circuit for which he shall have been
elected.
Superintending Sec. 14. The circuit courts shall exercise a superintend-

and appellate ju-

cuit'coa?ts.^ ^"' ing control and appellate jurisdiction over County, Probate,
Court of Common Pleas, and Corporation Courts and Jus-
tices of the Peace ; and shall have power to issue, hear and
determine all the necessary writs to carry into effect their
general and specific powers, any of which writs may be issued
upon order of the Judge of the appropriate court in vaca-
tion.

Equity jurisdic- Sbc. 15. Until the General Assembly shall deem it expe-

tion of Circuit "^ ^

dient to establish Courts of Chancery, the Circuit Courts
shall have jurisdiction in matters of equity, subject to appeal
to the Supreme Court, in such manner as may be prescribed
by law.



Art. 7.] STATE OF ARKANSAS. 25

Sec. 16. A Jiidi^e of the Circuit Court shall be a citizen ouaiificaUons of

Judges of Circuit

of the United States, at least twenty eight years of age, of ""'"^^*
good moral character, learned in the law, two years a resi-
dent of the State, and shall have practiced law six years, or
whose service upon the bench of any court of record, when
added to the time he may have practiced law, shall be equal
to six years.

Sec. 17. The Judges of the Circuit Courts shall be elected Election of

Judges of Circuit

by the qualified electors of the several circuits, and shall Term of office.
hold their offices for the term of four years.

Sec. 18. The Judges of the Circuit Courts shall at stated Compensation of

Judges of Circuit

times, receive a compensation for their services to be ascer- c^^'^'^-

tained by law; which shall not after the adjournment of the

first session of the General Assembly, be diminished during

the time for which they are elected. They shall not be

allowed any fees or perquisites of office, nor hold any other Disqualification

to hold other

office of trust or profit under this State or the United States. "®*^®-

Sec. 19. The clerks of the Circuit Court shall be elected cierks of Circuit

Courts. Election.

by the qualified electors of the several counties, for the term Term of office,
of two years, and shall be ex-officio clerks, of the County to be ex officio

County and Pro-

and Probate Courts, and Recorder ; provided, that in any KoSS^' *°**

,1. ,. T... , ,, Separate County

county having a population exceeding fifteen thousand mhab- cierks in certain

-J ^ I- I c counties.

itants, as shown by the last federal s(c)ensus, there shall be
elected a county clerk, in like manner as clerk of the Circuit
Court, who shall be ex-officio Clerk, of the Probate Court of To be ex officio

Probate Clerk.

said Count}'.

Sec 20. No Judge or Justice shall pri(e)side in the trial interest.

guinity.

of any cause in the event of which he may be interested, or fr'om presidi„"glt

, • 1 «. f , trial.

wliere either of the parties shall be connected with him by
consanguinity or affinity, within such degree as may be pre-
scribed by law ; or in which he may have been of counsel ; or
have presided in any inferior Court.

Sec 21. Whenever the office of Judge of the Circuit Special Judges

, *" of Circuit Courts.

Court of any county is vacant at the commencement of a
5



26 CONSTITUTION OF THE [Art. 7.

term of such Court, or the Judge of said Court shall fail to
attend, the regular practicing attorneys in attendance on said
Court, may meet at 10 o'clock A. M. on the second day of
the term and elect a Judge to preside at such Court, or until
the regular Judge shall appear : and if the Judge of said
court shall become sick, or die, or unable to continue to hold
such Court after its term shall have commenced, or shall
from any cause be disqualified from presiding at the trial of
any cause then pending therein, then the regular practicing
attorneys in attendance on said court may in like manner, on
notice from the Judge, or clerk of said Court, elect a Judge
Powersof Special to prcsidc at such Court, or to try said causes; and the

Judges.

attorney so elected shall have the same power and authority
in said Court as the regular Judge would have had if present
and presiding; but this authority shall cease at the close of
the term at which the election shall be made. The proceed-
Their quaiifica- ings shall bc entered at large upon the record. The special

tions.

Judge shall be learned in the law, and a resident of the
State.

Sec. 22. The Judges of the Circuit Courts may tempor-
arily exchange circuits, or hold courts for each other under
such regulations as may be prescribed by law.
Exchange of cir- Sec. 23. Judo-cs shall uot chargc Juries with regard to

cuits. ft o o

matters of fact, but shall declare the law ; and, in jury trials
shall reduce their charge or instructions to writing, on the
request of either party.
Prosecuting At- Sec. 24. The qualified clcctors of each circuit shall elect

torneys.

Term of office, a ProsGcutiug Attomcy, who shall hold his office for the term
Qualifications, of two ycars ; and he shall be a citizen of the United States,

learned in the law, and a resident of the circuit for which he

may be elected.
Judges prohibi- Sec. 25. The Judgcs of the Suprcmc, Circuit, or Chancery
ing aw. Courts shall not, during their continuance in office, practice

law, or appear as counsel in any court — State or Federal —

within this State.



Art. 7.] STATE OF AEKANSAS. 27

Sec. 26. The General Assembly shall have power to Contempts not in

presence of court

regulate, by law, the punishment of Contempts ; not committed of proclss.^*^"^"''''
in the presence or hearing of the Courts, or in disobedience
of process.

Sec. 27. The Circuit Court shall have jurisdiction upon Removal of coun-
ty and township

information, presentment or indictment, to remove any °^"^**^"^-
county or township officer from office for incompetency,
corruption, gross immorality, criminal conduct, malfeasance,
misfeasance, or nonfeasance in office.

Sec. 28. The county courts shall have exclusive original Jurisdiction of

County Courts.

jurisdiction in all matters relating to county taxes, roads,
bridges, ferries, paupers, bastardy, vagrants, the apprentice-
ship of minors, the disbursement of money for county pur-
poses, and in every other case that may be necessary to the
internal improvement and local concerns of the respective
counties. The County Court shall be held by one Judge, County Court to

be hold by one

except in cases otherwise herein provided. '^^^'^'

Sec 29. The Judge or the County Court shall be elected Judges of county

Courts.

by the qualified electors of the county, for the term of two 'fJrm'of office,
years. He shall be at least twenty five years of age, a citizen Qualifications,
of the United States, a man of upright character, of good
business education, and a resident of the State, for two years
before his election; and a resident of the County at the time
of his election, and during his continuance in office.
Sec. 30. The Justices of the Peace of each county shall Quorum of the

county.

sit with and assist the County Judge in levying the county i'""'®''^-
taxes, and in making appropriations for the expenses of the
county,inthe manner to be prescribed by law; and the County Majority must sit.
Judge, together with a majority of said Justices, shall con-
stitute a quorum for such purposes; and in the absence of the
County Judge a majority of the Justices of the Peace may
constitute the Court, who shall elect one of their number to

preside. The General Assembly shall regulate by law the compulsory at-
tendance.
manner of compelling the attendance of such quorum.



28 CONSTITUTION OF THE [Art. 7.

Terms of County Sec. 31. The temis of the couiity courts shall be held at

Courts.

the times that are now prescribed for holding the Supervi-
sors' courts, or may hereafter be prescribed by law.
Courts of Com- Sec. 32. The General Assembly may authorize the Judge

moD Pleas,

of the County Court of any one or more counties, to hold
severally a quarterly Court of Common Pleas, in their

Jurisdiction. respcctivc Couutics ; which shall be a court of record, with
such jurisdiction in matters of contract and other civil
matters, not involving title to real estate, as may be vested in
such court.

Appeals from Sec. 33. Appeals from all iud^ments of County Courts or

County Courts ^^ ' ^ "^

Common'pflas."*^ Courts of Commoii Plcas, when established, may be taken to
the Circuit Court under such restrictions and regulations as
may be prescribed by law.

Courts of Pro- Sec. 34. Tlic Judoce of the County Court shall be the

bate. ^ "^

Jurisdiction. Judgc of the Court of Probate, and have such exclusive
original jurisdiction in matters relative to the probate of
wills, the estates of deceased persons, executors, administra-
tors, guardians, and persons of unsound mind, and their
estates, as is now vested in the Circuit Court, or may be

Terms. hereafter prescribed by law. The regular terras of the Court

of Probate shall be held at the times that may hereafter be
prescribed by law.

Appeals from Sec. 35. Appeals may be taken from judgments and
orders of the Probate Court to the Circuit Court, under such
regulations and restrictions as may be prescribed by law.

Special Judges Sec. 36. Whenever a Judge of the County or Probate

for County and

Probate Courts. Qourt may bc disqualified from presiding, in any cause or
causes pending in his court, he shall certify the facts to the
Grovernor of the State, who shall thereupon commission a
special Judge to preside in such cause or causes during the
time said disqualification may continue, or until such cause or
causes may be finally disposed of.

Compensation of Sec. 37. The Couuty Jiidgc shall receivi3 such compensa-

County Judge. ^ ^

tion for his services as presiding Judge of the County Court,



Art. 7.] STATE OF ARKANSAS. 29

a8 Judge of the Court of Probate, and Judge of the Court of
Common Pleas, when established, as may be provided by
law. In the absence ot the circuit Judge from the county, His jurisdiction

in absence of Cir-

the County Judge shall have power to issue orders for county"'^^" ^"^"^
injunction and other provisional w^'its in their counties,
returnable to the Court having jurisdiction; provided, that
either party may have such order reviewed by any superior
Judge in vacation in such manner as shall be provided by
law. The County Judge shall have power, in the absence of
the Circuit Judge from the county, to issue, hear and deter-
mine writs of habeas corpus, under such regulations and
restrictions as shall be provided by law.

Sec. 38. The qualified electors of each township shall justices of the

Peace. Election,

elect the Justices of the Peace for the term of two years ; ^i^^nj of ogj^e
who shall be commissioned by theGovernor, and their official Commission.
oath shall be indorsed on the commission.

Sec. 39. For every two hundred electors there shall be Number of Jus-
tices of the Peace.

elected one Justice of the Peace ; but every township, how-
ever small shall have two Justices of the Peace.

Sec. 40. They shall have original iurisdiction in the fol- Jurisdiction of

•^ » .' .Justices of the

lowing matters : First — Exclusive of the Circuit Court, in /str*^Expiusive of

Circuit Court.

all matters of Contract where the amount in controversy
' does not exceed the sum of one hundred dollars, excluding
interest; and concurrent jurisdiction in matters of contract,
where the amount in controversy, does not exceed the sum
of three hundred dollars, exclusive of interest — Second 2d, Concurrent

with C i r c u i t

— Concurrent jurisdiction in suits for the recovery of^""^^"
personal property, where the value of the property does
not exceed the sum of three hundred dollars; and in
all matters of damage to personal property where the
amount in controversy does not exceed the sum of one

hundred dollars. Third — Such jurisdiction of misdemeanors 3d. in misde-
meanors.

as is now, or may be prescribed by law. Fourth—To sit as 4th, As examin-
ing courts;

examining Courts and commit, discharge^ or recognize



30 CONSTITUTION OF THE [Art 7.

offenders to the court having jurisdiction, for further trial
ke"** th'e ^lace *** ^^^ ^^ ^^"^ pcrsous to keep the peace or for good behavior.
5th. To issue pro- Fifth — For the foregoing purposes, they shall have power to



cess.



6th, As conserv- issuc all neccssarv process. Sixth — They shall be con-
tors of the peace. "^

Denied juris- scrvators of the peace within their respective counties. Pro-
diction in ques- ^

tionsofiand. yi(]e(]^ ^ Justice of the Peace shall not have jurisdiction

where a lien on land, or title or possession thereto is
involved.

Qualifications of Sec. 41. A Justicc of the Pcacc shall be a qualified

Justices of the ^

Peace. elector ^nd a resident of the township for which he is

elected.
A-ppeais from Sec. 42. Appeals may bc taken from the final judgments

Justices of the

^^''^*'®" of the Justices of the Peace, to the Circuit Courts, under

such regulations as are now, or may be provided by law.
Jurisdiction o f Sec. 43. Corporation Courts, for towns and cities, may be

Corporation ^ ' './

invested with jurisdiction concurrent with Justices of the
Peace in civil and criminal matters, and the General
Assembly may invest such of them as it may deem expedient
with jurisdistion of any criminal ofl:ences not punishable by
death, or imprisonment in the penitentiary, with or without
indictment, as may be provided by law ; and, until the
General Assembly shall otherwise provide, they Shall have
the jurisdiction now provided by law.
Pulaski Chance- Sec. 44. The Pulaski Chancery Court shall continue in

ry Court.

existence until abolished by law or the business pending at

the adoption of this Constitution shall be disposed of, or the

Term of oflBce of pending busincss be transferred to other courts. The Judge

Judge and Clerk.

and clerk of said Court shall hold office for the term of two
Election. ycars ; and shall be elected by the qualified voters of the

Proceedings reia- State. All suits and proceedings which relate to sixteenth sec-

tive to Sixteenth

Section Lands. ^-^^ lauds, or to moucy duc for said lands shall be transferred
■ to the respective counties, where such lands are located, in
such manner as shall be provided by the General Assembly
at the next session.



Art. 7.] STATE OF ARKAE^SAS. 31

Sec. 45. The Separate Criminal Courts established in this Separate Crimi-
nal Courts abol-

State are hereby abolished, and all the juri8d(ic)tion exer- Their* jurisdic-
tion transferred

cised by said Criminal Courts is vested in the Circuit Courts *« Circuit Courts.
of the respective counties; and all causes now pending
therein are hereby transferred to said Circuit Courts respect-
ively. It shall be the duty of the clerks of said Criminal Their records.
Courts to transfer all the records, books and papers pertain-
ing to said Criminal Courts to the Circuit Courts of their
respective counties.

Sec. 46." The qualified electors of each county shall elect County executive

^ '' officers.

one Sheriff, who shall be ex-officio collector of taxes, unless

otherwise provided by law ; one Assessor, one Coroner, one

Treasurer, who shall be ex-officio treasurer of the common

school fund of the county, and one County Surveyor; for the Term of office.

term of two years, with such duties as are now or may be

prescribed by law : Provided, that no per centum shall compensation of

Assessors.

ever be paid to Assessors upon the valuation or assessment of
property by them.

Sec 47. The qualified electors of each township shall Constables.
•elect a Constable, for the term of two years, who shall be fur- Their
aished by the presiding Judge of the County Court, with a
certificate of election, on which his official oath shall be in-
dorsed.

Sec 48. All officers provided for in this article, except commissions of

officers.

Constables, shall be commissioned by the Governor.

Sec 49. All writs and other judicial process, shall run in style of process

and indictments.

the name of the State of Arkansas, bear test and be signed by
the clerks of the respective courts from which they issue.
Indictments shall conclude: "Against the peace and dig-
nity of the State of Arkansas."

Sec 50. All vacancies occurring in anv office provided Vacancies in of-
fices provided for

lor in this article, shall be filled by special election ; save that '°^''*- ^"•
in case of vacancies occurring in county and township offices
six months, and in other offices nine months, before the next



32 ' CONSTITUTIO]^ OF THE [Art. 8.

general election, such vacancies shall be filled by appointment
by the Governor.
Appeals in cases 8ec. 51. That in all cascs of allowances made for or

of allowances for

ties^^cUiLr^or against counties, cities, or towns, an appeal shall lie to the

towns.

circuit court of the county, at the instance of the party ag-
grieved, or on the intervention of any citizen or resident and
tax payer of such county, city or town, on the same terms
and conditions on which appeals may be granted to the cir-
cuit court in other cases ; and the matter pertaining to any

Appeal bond. such allowaucc shall be tried in the circuit court cU novo. In
case an appeal be taken by any citizen, he shall give a bond,
payable to the proper county, conditioned to prosecute the
appeal, and save the county from costs on account of the same
being taken.

Contested eiec- Sec. 52. That in all cases of contest for any County,

tion for county,

S"S'officers'"' township, or municipal office, an appeal shall lie at the
instance of the party aggrieved, from any inferior board,
council, or tribunal to the circuit court, on the same terms
and conditions on which appeals may be granted to the cir-
cuit court in other cases, and on such appeals the case shall
be tried de novo.



ARTICLE VIII.

Apportionment.
Number of Rep- SECTION 1. The llousc of Representatives shall consist of

resentatives.

not less than seventy three, nor more than one hundred
Ratio of reprc' members. Each county now organized shall always be enti-

sentation.

tied to one Representative; the remainder to be apportioned
the several counties according to the number of adult male
inhabitants, taking two thousand as the ratio, until the num-
ber of Representatives amounts to one hundred, when they
shall not be further increased, but the ratio of representation
shall, from time to time, be increased as hereinafter pro-



Art. 8.] STATE OF ARKANSAS. 33

videcl ; so that the Representatives shall never exceed that

number. And until the enumeration of the inhabitants is Apportionment

of Representa-

taken by the United States government, A. D. 1880, the
Representatives shall be apportioned among the several coun-
ties as follows:

The county of Arkansas shall elect one Representative.
The county of Ashley shall elect one Representative. The
county of Benton shall elect two Representatives. The
county of Boone shall elect one Representative. The county
of Bradley shall elect one Representative. The county of
Baxter shall elect one Representative. The county of Cal-
houn shall elect one Representative. The county of Carroll
shall select one Representative. The county- of Chicot shall
elect one Representative. The county of Columbia shall
elect two Representatives. The county of Clark shall elect
two Representatives. The county of Conway shall elect one
Representative. The county of Craighead shall elect one
Representative. The county of Crawford shall elect one
Representative. The county of Cross shall elect one Repre-
sentative. The county of Crittenden shall elect one Repre-



Online LibraryArkansasThe constitution of the state of Arkansas → online text (page 5 of 25)