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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 740   View pdf image (33K)
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740
Reports of all causes argued anddetermined in the Court of
Appeals, which the Judges shall designate as proper for pub-
lication.
Sec. 17. There shall be a Clerk of the Court of Appeals,
who shall be elected by the legal and qualified voters of the
State, who shall hold his office for six years, and until his,
successor is duly qualified; he shall he subject to removal by
the said Court for incompetency, neglect of duty, misdemea-
nor in office, or such other cause, or causes, as may he pre-
scribed by Law; and in case of a vacancy in the office of said
Clerk, the Court of Appeals shall appoint a Clerk of said
Court, who shall hold his office until the election and qualifi-
cation of his successor, who shall be elected at the next gen-
eral election for members of the General Assembly; and the
person so elected shall hold his office for the term of six years
from the time of election.
Sec. 18. It shall be the duty of the Judges of the Court of
Appeals, as soon after their election, under this Constitution,
as practicable, to make and publish rules and regulations,
for the prosecution of appeals to said Appellate Court,
whereby they shall prescribe the periods, within which
appeals may be taken, what part or parts of the proceedings
in the Court below shall constitute the Record on Appeal,
and the manner in which such Appeals shall be brought to
hearing, or determination, and shall regulate generally the
practice of said Court of Appeals, so as to prevent delays and
promote brevity in all Records and Proceedings brought into
said Court, and to abolish and avoid all unnecessary costs
and expenses in the prosecution of Appeals therein; and the
said Judges shall make such reductions in the fees and ex-
penses of the said Court, as they may deem advisable. It
shall also be the duty of said Judges of the Court of Appeals,
as soon after their election as practicable, to devise, and pro-
mulgate by rules or orders, forms and modes of framing and
filing Bills, Answers and other Proceedings and Pleadings
in Equity; and also forms and modes of taking and obtain-
ing evidence, to be used in Equity cases; and to revise and
regulate generally the practice in the Courts of Equity, of
this State, so as to prevent delays, and to promote brevity and
conciseness in all Pleadings and Proceedings therein, and to
abolish all unnecessary costs and expenses attending the
same. And all rules and regxilations hereby directed to be
made, shall, when made, have the force of Law, until re-
scinded, changed, or modified by the said Judges, or the
General Assembly.
PART III—CIRCUIT COURTS.
Sec. 19. The State shall be divided into eight Judicial
Circuits, in manner following, viz: The Counties of Wor-


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 740   View pdf image (33K)
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