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Coffer Dam to be removed.
29.02 1,005.76 69
January 15, 1868.
OF THE COMMITTEE ON THE JUDICIARY AS AMENDED AND REPORTED FROM THE COMMITTEE OF THE WHOLE, AND AS FURTHER AMENDED IN CONVENTION AND REFERRED TO THE COMMITTEE ON JUDICIARY TO REVISE AND REPORT COMPLETE.
SECTION 1 The Assembly shall have the power of impeach
2 ment, by a vote of the majority of all the members elected. The
3 court for the trial of impeachments, shall be composed of the
4 President of the Senate, the Senators, or a major part of them,
5 and the Judges of the Court of Appeals, or the major part of 6 them. On the trial of an impeachment against the Governor,
7 the Lieutenant-Governor shall not act as a member of the court.
8 No judicial officer shall exercise his office after he shall have
9 been impeached, until he shall have been acquitted. Before the
10 trial of an impeachment, the members of the court shall take an
11 oath or affirmation truly and impartially to try the impeachment
12 according to evidence, and no person shall be convicted without
13 the concurrence of two-thirds of the members present. Judg.
14 ment in cases of impeachment shall not extend further than to
15 removal from office, or removal from office and disqualification
16 to bold and enjoy any office of honor, trust or profit under this
17 State; but the party impeached shall be liable to indictment and
18 punishment according to law.
$ 2. There shall be a court of appellate jurisdiction, called a
2 Court of Appeals, composed of a chief judge and six associate
3 judges, who shall be chosen by the electors of the State, and
4 shall hold their office for the term of fourteen years from the first
5 day of January next after such election. At the first election of
16 judges under this Constitution, every elector may vote for the 7 chief and only four of the associate judges. Any five members
8 of said court shall form a quorum, and the concurrence of four
9 shall be necessary to a decision, until otherwise provided by law 10 The court shall have the appointment, with the power of removal, 11 of the Reporter and Clerk of the court, and of such attendants
12 as may be authorized by law.
$ 3. Upon the organization of the Court of Appeals under
2 this Constitution, the causes then pending in the present Court
3 of Appeals shall become vested in the Court of Appeals hereby
4 created. Such of said causes as are pending on the first day o
5 January, eighteen hundred and sixty-nine, shall be heard and
6 determined by a commission to consist of five Commissioners of
7 Appeals, and four of said Commissioners shall be necessary to 8 constitute a quorum. But the Court of Appeals hereby created,
9 for cause shown, may order any cause thus, pending before the
10 said Commissioners to be heard in such Court. Such Commis
11 sion shall consist of the judges of the present Court of Appeals
12 elected or appointed thereto, and a fifth Commissioner who shall
13 be appointed by the Governor, by and with the advice and
14 consent of the Senate.
$ 4. If any vacancy shall occur in the office of said Com
2 missioners, it shall be filled by appointment by the Governor, by
3 and with the advice and consent of the Senate; and if the Sen
4 ate is not in session, by the Governor, but in such case the term
5 of office shall expire at the end of the session of the Senate next
6 after such appointment. The said Commissioners shall appoint
7 from their number a Chief Commissioner (and may in like man
8 ner fill all vacancies in such appointment); (and may appoint
9 and remove such attendants as shall be provided for by law). 10 The reporter of the Court of Appeals shall be the reporter of said
11 Commissioners. And the decisions of said Commissioners shall
12 be certified to and entered and enforced as the judgments of the 13 Court of Appeals. The said Commission shall continue for