A prosecuting attorney for the state is elected by the qualified voters of each judicial circuit, who continues in office for two years, who must reside within the oircuit for which he was elected; and, on his failure to attend and prosecute according to law, the court may appoint an attorney pro tem. The attorney for the circuit in which the supreme court holds its terms nets as attorney-general. Coast. art. 6, sect. 13. Amend. 1848.
17. Justices of the peace are elected for the term of two years, by the qualified voters residing in each township, for the respective townships. For every fifty voters there may be elected one justice of the peace; provided that each township, however small, shall have two justices of the pence. They are to be commissioned by the governor, and reside in the townships for which they were elected. They have individually, or two or more of them jointly exclusive original jurisdiction in all matters of con tract, except in actions of covenant, where the stun in controversy is an hundred dollars or less, exclu sive of interest. They have in no case jurisdiction
to try and determine any criminal case or penal offence against the state, but may sit as examining courts, and commit, discharge, or recognize to the court having jurisdiction, for further trial, offenders against the peace. For the foregoing purposes they have power to issue all the necessary process. They shall also have power to bind to keep the peace, or for good behavior.
18. No person who denies the being of God can hold any office in the civil department of the state, nor be allowed his oath.
The person of the debtor, except where there is strong presumption to fraud, is neither to be im prisoned nor continued in prison after delivering up his estate for the benefit of his creditors in such manner as may be prescribed by law.
No bank or banking institution shall be hereafter incorporated or established in this state. Amend. 1846.
Used in Yorkshire in the phrase Arles penny. Cowel. In Scotland it has the same signification. Bell, Diet.