least twenty-five years of age, a citizen 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 sit with and assist the county judge in levying the county taxes, and in making appropriations for the expenses of the county, in the manner to be prescribed by law; and the county judge, together with a majority of said justices, shall constitute 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 manner of compelling the attendance of such quorum. SEC. 31. The terms of the county courts shall be held at the times that are now prescribed for holding the supervisors' courts, or may hereafter be prescribed by law. SEC. 32. The general assembly may authorize the judge of the county court of any one or more counties, to hold severally a quarterly court of common pleas in their respective counties, 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. SEC. 33. Appeals from all judgments of county courts or courts of common pleas, when established, may be taken to the circuit court under such restrictions and regulations as may be prescribed by law. SEC. 34. The judge of the county court shall be the judge 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, administrators, guardians, and persons of unsound mind, and their estates, as is now vested in the circuit court, or may be hereafter prescribed by law. The regular terms of the court of probate shall be held at the times that may hereafter be prescribed by law. 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. be SEC. 36. Whenever a judge of the county or probate court may disqualified from presiding, in any cause or causes pending in his court, he shall certify the facts to the governor 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. SEC. 37. The county judge shall receive such compensation for his services as presiding judge of the county court, as 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 of the circuit judge from the county, the county judge shall have power to issue orders for injunction and other provisional writs 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 determine writs of habeas corpus, under such regulations and restrictions as shall be provided by law. SEC. 38. The qualified electors of each township shall elect the justices of the peace for the term of two years, who shall be commissioned by the governor, and their official oath shall be indorsed on the commission. SEC. 39. For every two hundred electors there shall be elected one justice of the peace; but every township, however small, shall have two justices of the peace. SEC. 40. They shall severally have original jurisdiction in the following matters: First. Exclusive of the circuit court, in 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. Seccnd. 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 as is now, or may be prescribed by law. Fourth. To sit as examining courts and commit, discharge or recognize offenders to the court having jurisdiction, for further trial, and to bind persons to keep the peace, or for good behavior. Fifth. For the foregoing purposes, they shall have power to issue all necessary process. Sixth. They shall be conservators of the peace within their respective counties: Provided, A justice of the peace shall not have jurisdiction where a lien on land, or title or possession thereto is involved. SEC. 41. A justice of the peace shall be a qualified elector and a resident of the township for which he is elected. SEC. 42. Appeals may be taken from the final judgments of the justices of the peace to the circuit courts, under such regulations as are now or may be provided by law. SEC. 43. Corporation courts, for towns and cities, may be 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 jurisdiction of any criminal offences 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. SEC. 44. The Pulaski chancery court shall continue in existence until abolished by law, or the business pending at the adoption of this constitution shall be disposed of, or the pending business be transferred to other courts. The judge and clerk of said court shall hold office for the term of two years, and shall be elected by the qualified voters of the State. All suits and proceedings which relate to sixteenth-section lands or money due for said lands, shall be transferred to the respective countries where such lands are located, in such manner as shall be provided by the general assembly at the next session. SEC. 45. The separate criminal courts established in this State are hereby abolished, and all the jurisdiction exercised by said criminal courts is vested in the circuit courts of the respective counties; and all causes now pending therein are hereby transferred to said circuit courts respectively. It shall be the duty of the clerks of said criminal courts to transfer all the records, books, and papers pertaining to said criminal courts to the circuit courts of their respective counties. 7251-VOL 1-07-25 SEC. 46. The qualified electors of each county shall elect 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 two years, with such duties as are now or may be prescribed by law: Provided, That no per centum shall ever be paid to assessors upon the valuation or assessment of property by them. SEC. 47. The qualified electors of each township shall elect a constable, for the term of two years, who shall be furnished, by the presiding judge of the county court, with a certificate of election, on which his official oath shall be indorsed. SEC. 48. All officers provided for in this article, except constables, shall be commissioned by the governor. SEC. 49. All writs and other judicial process shall run in 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 dignity of the State of Arkansas." SEC. 50. All vacancies occurring in any office provided for 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 general election, such vacancies shall be filled by appointment by the governor. SEC. 51. That in all cases of allowances made for or against counties, cities, or towns, an appeal shall lie to the circuit court of the county, at the instance of the party aggrieved, 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 circuit court in other cases; and the matter pertaining to any such allowance shall be tried in the circuit court de 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. SEC. 52. That in all cases of contest for any county, 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 circuit court in other cases, and on such appeals the case shall be tried de novo. ARTICLE VIII APPORTION MENT SECTION 1. The House of Representatives shall consist of not less than seventy-three, nor more than one hundred members. Each county now organized shall always be entitled to one Representative, the remainder to be apportioned among the several counties according to the number of adult male inhabitants, taking two thousand as the ratio, until the number 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 provided; so that the representatives shall never exceed that number. And until the enumeration of the inhabitants is taken by the United States Government A. D. 1880, the representatives shall be apportioned among the several counties as follows: The county of Arkansas shall elect one representative. The county of Pike shall elect one representative. SEC. 2. The legislature shall, from time to time, divide the State into convenient senatorial districts in such manner that the senate shall be based upon the adult male inhabitants of the State, each Senator representing an equal number as nearly as practicable; and until the enumeration of the inhabitants is taken by the United States Government, A. D. 1880, the districts shall be arranged as follows: The counties of Greene, Craighead, and Clayton shall compose the first district, and elect one senator. The counties of Randolph, Lawrence, and Sharp shall compose second district, and elect one senator. the The counties of Carroll, Boone, and Newton shall compose the third district, and elect one senator. The counties of Johnson and Pope shall compose the fourth district, and elect one senator. The county of Washington shall compose the fifth district, and elect one senator. The counties of Independence and Stone shall compose the sixth district, and elect one senator. The counties of Woodruff, Saint Francis, Cross, and Crittenden shall compose the seventh district, and elect one senator. The counties of Yell and Sarber shall compose the eighth district. and elect one senator. The counties of Saline, Garland, Hot Spring, and Grant shall compose the ninth district, and elect one senator. The counties of Pulaski and Perry shall compose the tenth district, and elect two senators. The county of Jefferson shall compose the leventh district, and elect one senator. The counties of Lonoke and Prairie shall compose the twelfth district, and elect one senator. |