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tions and regulations, not repugnant to this Constitution, as may, from time to time, be prescribed by law.

Sec. 3. The Judges of the Court of Appeals shall, after their first term, hold their offices for eight years, from and after their election, and until their successors shall be duly qualified, subject to the conditions hereinafter prescribed; but for any reasonable cause, the Governor shall remove any of them on the address of two thirds of each house of the General Assembly: Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each house. They shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during the time for which they shall have been elected.

Sec. 4. The Court of Appeals shall consist of four Judges, any three of whom may constitute a Court for the transaction of business. The General Assembly, at its first session after the adoption of this Constitution, shall divide the State, by counties, into four districts, as nearly equal in voting population, and with as convenient limits as may be, in each of which the qualified voters shall elect one Judge of the Court of Appeals: Provided, that whenever a vacancy shall occur in said Court, from any cause, the General Assembly shall have the power to reduce the number of Judges and districts; but in no event shall there be less than three Judges and districts. Should a change in the number of the Judges of the Court of Appeals be made, the term of office and number of districts shall be so changed as to preserve the principle of electing one Judge every two years.

Sec. 5. The Judges shall, by virtue of their offices, be conservators of the peace throughout the State. The style of all process shall be, “ The Commonwealth of Kentucky.” All prosecutions shall be carried on in the name and by the authority of the Commonwealth of Kentucky, and conclude “ against the peace and dignity of the same.”

Sec. 6. The Judges first elected shall serve as follows, to wit: one shall serve until the first Monday in August, 1852; one until the first Monday in August, 1854; one until the first Monday in August, 1856, and one until the first Monday in August, 1858. The Judges, at the first term of the Court succeeding their election, shall determine, by lot, the length of time which each one shall serve; and at the expiration of the service of each, an election in the proper district shall take place to fill the vacancy. The Judge having the shortest time to serve shall be styled the Chief Justice of Kentucky.

Sec. 7. If a vacancy shall occur in said Court from any cause, the Governor shall issue a writ of election to the proper district to fill such vacancy for the residue of the term: Provided, that if the unexpired term be less than one year, the Governor shall appoint a Judge to fill such vacancy.

Sec. 8. No person shall be eligible to the office of Judge of the

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Court of Appeals, who is not a citizen of the United States, a resident of the district for which he may be a candidate two years next preceding his election, at least thirty years of age, and who has not been a practicing lawyer eight years, or whose service upon the bench of any Court of record, when added to the time he have practiced law, shall not be equal to eight years.

Sec. 9. The Court of Appeals shall hold its sessions at the seat of government, unless otherwise directed by law; but the General Assembly may, from time to time, direct that said Court shall hold sessions in any one or more of said districts.

Sec. 10. The first election of the Judges and Clerk or Clerks of the Court of Appeals shall take place on the second Monday in May, 1851, and thereafter, in each district as a vacancy may occur, by the expiration of the term of office; and the Judges of the said Court shall be commissioned by the Governor.

Sec. 11. There shall be elected, by the qualified voters of this State, a Clerk of the Court of Appeals, who shall hold his office, from the first election, until the first Monday in August, 1858, and thereafter for the term of eight years from and after his election; and should the General Assembly provide for holding the Court of Appeals in any one or more of said districts, they shall also provide for the election of a Clerk by the qualified voters of such district, who shall hold his office for eight years, possess the same qualifications, and be subject to removal in the same manner as the Clerk of the Court of Appeals; but if the General Assembly shall, at its first or any other session, direct the Court of Appeals to hold its sessions in more than one district, a Clerk shall be elected by the qualified voters of such district. And the Clerk, first provided for in this section, shall be elected by the qualified voters of the other district or districts. The same principle shall be observed whenever the Court shall be directed to hold its sessions in either of the other districts. Should the number of Judges be reduced, the term of the office of Clerk shall be six years.

Sec. 12. No person shall be eligible to the office of Clerk of the Court of Appeals, unless he be a citizen of the United States, a resident of the State two years next preceding his election, of the age twenty one years, and have a certificate from a Judge of the Court of Appeals, or a Judge of the Circuit Court, that he has been examined by the Clerk of his Court, under his supervision, and that he is qualified for the office for which he is a candidate.

Sec. 13. Should a vacancy occur in the office of Clerk of the Court of Appeals, the Governor shall issue a writ of election, and the qualified voters of the State, or of the district in which the vacancy may occur, shall elect a Clerk of the Court of Appeals, to serve until the end of the term for which such Clerk was elected: Provided, that when a vacancy shall occur from any cause, or the Clerk be under charges upon information, the Judges of the Court of Appeals shall have power to appoint a Clerk pro tem., to perform the duties of

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Clerk until such vacancy shall be filled, or the Clerk acquitted: And, provided further, that no writ of election shall issue to fill a vacancy unless the unexpired term exceed one year:

Sec. 14. The General Assembly shall direct, by law, the mode and manner of conducting and making due returns to the Secretary of State, of all elections of the Judges and Clerk or Clerks of the Court of Appeals, and of determining contested elections of any of these officers.

Sec. 15. The General Assembly shall provide for an additional Judge or Judges, to constitute, with the remaining Judge or Judges, a special Court for the trial of such cause or causes as may, at any time, be pending in the Court of Appeals, on the trial of which a majority of the Judges cannot sit, on account of interest in the event of the cause; or on account of their relationship to either party ; or when a Judge may have been employed in or decided the cause in the inferior Court.

CONCERNING THE CIRCUIT COURTS. Sec. 16. A Circuit Court shall be established in each county now existing, or which may hereafter be erected in this Commonwealth.

Sec. 17. The jurisdiction of said Court shall be, and remain as now established, hereby giving to the General Assembly the power to change or alter it.

Sec. 18. The right to appeal or sue out a writ of error to the Court of Appeals shall remain as it now exists, until altered by law, hereby giving to the General Assembly the power to change, alter, or modify said right.

Sec. 19. At the first session after the adoption of this Constitution, the General Assembly shall divide the State into twelve judicial districts, having due regard to business, territory, and population: Pro-. vided, that no county shall be divided.

Sec. 20. They shall, at the same time that the judicial districts are laid off, direct elections to be held in each district, to elect a Judge for said district, and shall prescribe in what manner the elections shall be conducted. The first election of Judges of the Circuit Court shall take place on the second Monday in May, 1851; and afterwards on the first Monday in August, 1856, and on the first Monday in August in every sixth year thereafter.

Sec. 21. All persons qualified to vote for members of the General Assembly, in each district, shall have the right to vote for Judges.

Sec. 22. No person shall be eligible as Judge of the Circuit Court who is not a citizen of the United States, a resident of the district for which he may be a candidate two years next preceding his election, at least thirty years of age, and who has not been a practicing lawyer eight years, or whose service upon the bench of any Court of record, when added to the time he may have practiced law, shall not be equal to eight years.

Sec. 23. The Judges of the Circuit Court shall, after their first term, hold their office for the term of six years from the day of their election. They shall be commissioned by the Governor, and continue in office until their successors be qualified, but shall be removable from office in the same manner as the Judges of the Court of Appeals; and the removal of a Judge from his district shall vacate his office.

Sec. 24. The General Assembly, if they deem it necessary, may establish one additional district every four years, but the judicial districts shall not exceed sixteen, until the population of this State shall exceed one million five hundred thousand.

Sec. 25. The Judges of the Circuit Courts shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall be equal and uniform throughout the State, and which shall not be diminished during the time for which they were elected.

Sec. 26. If a vacancy shall occur in the office of Judge of the Circuit Court, the Governor shall issue a writ of election to fill such vacancy, for the residue of the term: Provided, that if the unexpired term be less than one year, the Governor shall appoint a Judge to fill such vacancy.

Sec. 27. The Judicial Districts of this State shall not be changed, except at the first session after an enumeration, unless when a new District may be established.

Sec. 28. The General Assembly shall provide by law for holding Circuit Courts, when, from any cause, the Judge shall fail to attend, or, if in attendance, cannot properly preside.

CONCERNING COUNTY COURTS.

Sec. 29. A County Court shall be established in each county now existing, or which may hereafter be erected within this Commonwealth, to consist of a Presiding Judge, and two Associate Judges, any two of whom shall constitute a court for the transaction of business: Provided, the General Assembly may at any time abolish the office of the Associate Judges, whenever it shall be deemed expedi. ent; in which event they may associate with said court any or all of the Justices of the Peace for the transaction of business.

Sec. 30. The Judges of the County Court shall be elected by the qualified voters in each county, for the term of four years, and shall continue in office until their successors be duly qualified, and shall receive such compensation for their services as may be provided by law.

Sec. 31. The first election of County Court Judges shall take place at the same time of the election of Judges of the Circuit Court. The Presiding Judge, first elected, shall hold his office until the first Monday in August, 1854. The Associate Judges shall hold their offices until the first Monday in August, 1852, and until their successors be qualified; and afterwards elections shall be held on the first Mondays in August, in the years in which vacancies regularly

occur.

Sec. 32. No person shall be eligible to the office of Presiding or Associate Judge of the County Court, unless he be a citizen of the United States, over twenty one years of age, and shall have been a resident of the county in which he shall be chosen, one year next preceding the election.

Sec. 33. The jurisdiction of the County Court shall be regulated by law; and, until changed, shall be the same now vested in the County Courts of this State.

Sec. 34. Each county in this State shall be laid off into districts of convenient size, as the General Assembly may, from time to time, direct. Two Justices of the Peace shall be elected in each district, by the qualified voters therein, at such time and place as may be prescribed by law, for the term of four years, whose jurisdiction shall be co-extensive with the county ; no person shall be eligible as a Justice of the Peace, unless he be a citizen of the United States, twenty one years of age, and a resident of the district in which he may be candidate.

Sec. 35. Judges of the County Court, and Justices of the Peace, shall be conservators of the peace. They shall be commissioned by the Governor. County and district officers shall vacate their offices by removal from the district or county in which they shall be appointed. The General Assembly shall provide, by law, the manner of conducting and making due return of all elections of Judges of the County Court and Justices of the Peace, and for determining contested elections, and provide the mode of filling vacancies in these offices.

Sec. 36. Judges of the County Court and Justices of the Peace, Sheriffs, Coroners, Surveyors, Jailers, County Assessor, Attorney for the County, and Constables, shall be subject to indictment or presentment for malfeasance or misfeasance in office, or wilful neglect in the discharge of their official duties, in such mode as may be prescribed by law, subject to appeal to the Court of Appeals; and, upon conviction, their offices shall become vacant.

Sec. 37. The General Assembly may provide, by law, that the Justices of the Peace in each county shall sit at the Court of Claims and assist in laying the county levy and making appropriations only.

Sec. 38. When any city or town shall have a separate representation, such city or town, and the county in which it is located, may have such separate Municipal Courts, and executive and ministerial officers as the General Assembly may, from time to time, provide.

Sec. 39. The Clerks of the Court of Appeals, Circuit, and County Courts, shall be removable from office by the Court of Appeals, upon information and good cause shown. The Court shall be Judges of the fact as well as the law. Two-thirds of the members present must concur in the sentence.

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