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NO. 5.-REPORT OF THE COMMITTEE ON COUNTY COURTS AND COUNTY AND CITY ORGANIZATIONS.

ARTICLE

SECTION 1. For each county or district of the Commonwealth there shall be elected, by joint vote of the two Houses of the General Assembly, one County Judge, who shall hold the County Court thereof, with such criminal and civil jurisdiction as shall be fixed by law; one Sheriff; one Attorney for the Commonwealth, who shall also be the Commonwealth's Attorney for the Circuit Court; one County Clerk, who shall also be the Clerk of the Circuit Court, except that in counties containing fifteen thousand inhabitants there may be a separate Clerk for the Circuit Court; one County Treasurer; one Superintendent of the Poor; one Superintendent of Schools: Provided, That counties containing less than eight thousand inhabitants may be attached to adjoining counties for the formation of districts for Superintendents of Schools and County Judges: Provided also, That in counties containing thirty thousand inhabitants there may be appointed an additional Superintendent of Schools therein. All regular elections for county officers shall be held on the first Tuesday after the first Monday in November, and all officers elected or appointed under this provision shall enter upon the duties of their offices on the first day of January next succeeding their election, and shall hold their offices for the term of three years, except that the County and Circuit Court Clerks shall hold their offices for four years: Provided further, That after the end of the first term the County Judges shall be elected or appointed for the term of six years.

TOWNSHIPS.

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SEC. 2. Each county of the State shall be divided into so many compactly located townships as may be deemed necessary, not less than three: Provided, That after three have been formed no additional township shall be made containing less than thirty square miles. Each township shall be known as the township of, in the county of and may sue and

be sued by such title. In each township there shall be elected annually: one Supervisor; one Township Clerk; one Assessor; one Collector; one Commissioner of Roads; one Overseer of the Poor; one Justice of the Peace, who shall hold his office three years; one Constable, who shall hold his office three years: Provided, That at the first election held under this provision there shall be three Justices of the Peace and three Constables elected, whose terms shall be one, two and three years, respectively. All regular elections for township officers shall take place on the fourth Monday in May, and all officers so elected shall enter upon the duties of their respective offices on the first day of July next succeeding their election. The Supervisors of each county shall constitute the Board of Supervisors for that coun

ty, and shall assemble at the Courthouse thereof on the first Monday in December, in each year, and proceed to audit the accounts of said county, examine the books of the Assessors, regulate and equalize the valuation of property, fix the county levies for the ensuing year, apportion the same among the various townships, and perform such other duties as shall be prescribed by law.

SCHOOL DISTRICTS.

SEC. 3. Each township shall be divided into so many compactly located school districts as may be deemed necessary: Provided, that no school district shall be formed containing less than one hundred inhabitants. In each school district there shall be elected or appointed annually one School Trustee, who shall hold his office three years: Provided, that at the first election held under this provision there shall be three Trustees elected, whose terms shall be one, two and three years, respectively.

ROAD DISTRICTS.

SEC. 4. Each township shall be divided into one, or more districts. In each road district there shall be elected annually one Overseer of Roads, under whose direction the roads shall be kept in repair, at the public expense, in a mode prescribed by law.

SEC. 5. The General Assembly, at its first session after the adoption of this Constitution, shall pass such laws as may be necessary to give effect to the provisions of this article. But nothing in this article shall be construed as prohibiting the General Assembly from providing, by law, for any additional officers in any city or county.

SEC. 6. Sheriff's shall hold no other office. They may be required, by law, to renew their security, and in default of so doing their offices shall be declared vacant. Counties shall never be made responsible for the acts of the sheriffs.

ARTICLE

GOVERNMENT OF CITIES AND TOWNS.

SECTION 1. For each city or town in the State, containing a population of five thousand, there shall be elected, on the joint vote of the two Houses of the General Assembly, one city judge, who shall hold a Corporation or Hustings Court of said city or town, as often, and as many days in each month, as may be prescribed by law, with similar jurisdiction which may be given by law, to the Circuit Courts of this State, and who shall hold his office for a term of six (6) years: Provided, that in cities or towns containing thirty thousand (30,000) inhabitants, there may be elected an additional judge to hold Courts of Probate and Record, separate and apart from the Corporation or Hustings Courts, and perform such other duties as shall be prescribed by law.

SEC. 2. Also the following enumerated officers, who shall be elected by the qualified voters of the said cities or towns: One clerk of the Corporation or Hustings Court, who shall also be the clerk of the Circuit Court, except in cities or towns containing a population of thirty thousand (30,000) or more, in which city or town there may be a separate clerk for the Circuit Court who shall hold his office for a term of six years.

SEC. 3. One Commonwealth's Attorney, who shall be the Commonwealth's Attorney for the Circuit Court, and shall hold his office for a term of two years.

SEC. 4. One City Sergeant, who shall hold his office for a term of two years. SEC. 5. One city or town Treasurer, whose duties shall be similar to those of County Treasurer, and shall hold his office for a term of three years.

SEC. 6. One Commissioner of the Revenue.

SEC. 7. There shall be chosen by the electors of every city a Mayor, who shall be the chief executive officer thereof, and who shall see that the duties of the various city officers are faithfully performed. He shall have power to investigate their acts, have access to all books and documents in their offices, and may examine them and their subordinates on oath. The evidence given by persons so examined shall not be used against them in any criminal proceedings. He shall also have power to suspend or remove such officers, whether they be elected or appointed, for misconduct in office or neglect of duty, to be specified in the order of suspension or removal: but no such removal shall be made without reasonable notice to the officer complained of, and an opportunity afforded him to be heard in his defence. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof as the General Assembly shall designate. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may be hereafter created by law, shall be elected by the people, or appointed, as the General Assembly may direct. Members of common councils shall hold no other office in cities, and no city officer shall hold a seat in the General Assembly. The General Assembly, at its first session after the adoption of this Constitution, shall pass such laws as may be necessary to give effect to the provisions of this article. General laws shall be passed for the organization and government of cities, and no special act shall be passed, except in cases where, in the judgment of the General Assembly, the object of such act cannot be attained by general laws. Nothing in this article shall affect the power of the General Assembly over quarantine, or in regard to the port of Norfolk, or the interest of the State in the lands under water and within the jurisdiction or boundaries of any city, or to regulate the wharves, piers or slips in any city. All laws or city ordinances in conflict with the provisions of the preceeding sections shall be void from and after the adoption of this Constitution.

SEC. 8. All regular elections for city or town officers, under this ordinance, shall be held on the fourth (4th) Monday in May, and the officers elect shall enter upon their duties on the first day of July succeeding.

NO. 6.-REPORT OF THE COMMITTEE ON THE JUDICIARY DEPARTMENT.

SECTION 1. There shall be a supreme court of appeals, circuit courts and county courts. The jurisdiction of these tribunals, and the judges thereof, except so far as the same is conferred by this Constitution, shall be regulated by law.

COURT OF APPEALS.

Sec. 2. The supreme court of appeals shall consist of five judges, any three of whom may hold a court. It shall have appellate jurisdiction except only in cases of habeas corpus, mandamus and prohibition. It shall not have jurisdiction in civil cases where the matter in controversy, exclusive of costs, is less in value or amount than five hundred dollars, except in controversies concerning the title or boundaries of land, the probate of a will, the appointment or qualification of a personal representative, guardian, committee or curator; or concerning a mill, roadway, ferry or landing; or the right of a corporation or of a county to levy tolls or taxes, and except in cases of habeas corpus, mandamus and prohibition, or the constitutionality of a law: Provided, that the assent of a majority of the judges elected to the said court shall ̧ be required, in order to declare any law null and void by reason of its repugnance to the Federal Constitution, or to the Constitution of this State.

SEC. 3. Special courts of appeals, to consist of not less than three nor more than five judges, may be formed of the judges of the supreme court of appeals and of the circuit courts, or any of them, to try any cases on the dockets of said court, in respect to which a majority of the judges thereof may be so situated as to make it improper for them to sit on the hearing of the same; and also to try any cases on the said docket which cannot be otherwise disposed of with convenient dispatch.

SEC. 4. When a judgment or decree is reversed or affirmed by the supreme court of appeals, the reasons therefor shall be stated in writing, and preserved with the record of the case.

SEC. 5. The judges shall be chosen by the joint vote of the two houses of the General Assembly, and shall hold their office for a term of twelve years; they shall, when chosen, have held a judicial station in the United States, or shall have practiced law in this or some other State for five years.

SEC. 6. The officers of the supreme court of appeals shall be appointed by the said court, or by the judges thereof in vacation. Their duties, compens sation and tenure of office shall be prescribed by law.

Sec. 7. The supreme court of appeals shall hold its session at two or more places in the State, to be fixed by law.

SEC. 8. At every election of a Governor an Attorney-General shall be elected by the qualified voters of this Commonwealth; he shall be commis

sioned by the Governor, perform such duties and receive such compensation as may be prescribed by law, and removable in a manner prescribed for the removal of judges.

CIRCUIT COURTS.

SEC. 9. The State shall be divided into sixteen judicial circuits, as follows: 1. The counties of Norfolk, Princess Anne, Nausemond, Isle of Wight, Southampton, Surry and the city of Norfolk shall constitute the first circuit. 2. The counties of Sussex, Greenesville, Brunswick, Prince George, Dinwiddie, Nottoway, Chesterfield and the city of Petersburg shall constitute the second circuit.

3. The counties of Mecklenburg, Lunenburg, Charlotte, Amelia, Powhatan, Prince Edward, Buckingham and Cumberland shall constitute the third circuit.

4. The counties of Halifax, Pittsylvania, Henry, Patrick, Franklin and the town of Danville shall constitute the fourth circuit.

5. The counties of Bedford, Campbell, Appomattox, Amherst, Nelson and the city of Lynchburg shall constitute the fifth circuit.

6. The counties of Albemarle, Fluvanna, Culpeper, Goochland, Madison, Greene and Orange shall constitute the sixth circuit.

7. The county of Henrico and the city of Richmond shall constitute the seventh circuit.

8. The counties of Accomac, Northampton, York, Elizabeth City, Warwick, James City, New Kent, Charles City and the city of Williamsburg shall constitute the eighth circuit.

9. The counties of Lancaster, Northumberland, Mathews, Middlesex, Gloucester, King William, Essex and King & Queen shall constitute the ninth circuit.

10. The counties of Westmoreland, Spotsylvania, Caroline, Hanover, Stafford, King George, Richmond and Louisa shall constitute the tenth circuit.

11. The counties of Loudoun, Fauquier, Fairfax, Prince William, Rappahannock and Alexandria shall constitute the eleventh circuit.

.12. The counties of Frederick, Clarke, Warren, Page, Shenandoah and Rockingham shall constitute the twelfth circuit.

13. The counties of Augusta, Rockbridge, Bath, Highland and Alleghany, shall constitute the thirteenth circuit.

14. The counties of Botetourt, Roanoke, Montgomery, Floyd, Giles and Craig shall constitute the fourteenth circuit.

15. The counties of Carroll, Grayson, Wythe, Pulaski, Bland and Tazewell shall constitute the fifteenth circuit.

16. The counties of Smyth, Washington, Lee, Scott, Wise, Russell, and Buchanan shall constitute the sixteenth circuit.

SEC. 10. The General Assembly may re-arrange said circuits, or any of them, and increase or diminish the number thereof, when the public interests shall require it.

SEC. 11. For each circuit a judge shall be chosen by the joint vote of the two Houses of the General Assembly, who shall hold his office for a term of eight years, unless sooner removed in the manner prescribed by this Constitution. He shall, when chosen, possess the same qualifications of judges of the supreme court of appeals; and during his continuance in office, shall reside in the circuit of which he is judge.

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