In case of a vacancy in the office of governor, the president of the senate acts in his place ; and in case of his default the speaker of the house of representatives is to fill the office of governor. Cont. art. 3, scot. 21.
The Judicial Power.
6. This, both as to matters of law and equity, is. vested in a supreme court, courts of chancery, circuit courts, and justices of the peace. The gene ral assembly may also vest such criminal jurisdic tion as may be deemed necessary in corporation courts; but such jurisdiction will not extend to capital offenct.s. Const. art. 5, sect. 1.
The justices of the supreme court, chancellors, and judges of the circuit courts, are elected by the qualified voters ; the justices of the supreme court by general ticket, the judges of the circuit courts by districts, and the chancellors eithsr by general ticket or by districts, as the legislatuh may direct. They hold their offices for the term of six years.
The supreme court is composed of one chief and two associate justices. Whenever, from any cause, any one or two justices of the supreme court are disqualified or disabled from hea.ing and deter mining any case brought before them, it shall he the duty of the justices to notify the same to any one or two judges of the circuit courts, as the case may be, and the time and place when the cause may be set fur a hearing; and it is the duty of such circuit judge er judges on receiving such notice to attend at the time and place designated, and, in conjunc tion with the remaining justice or justices of the supreme court, hear and determine the cause of which they are notified; and the said judge or judges of the circuit court, for the time during which he or they are engaged in hearing and deter mining such case, constitute a part of the supreme court.
No justice can sit es judge or take any part in the appellate court in the trial or hearing of any case which has been decided by him in the court below.
7. The supreme court, except in eases otherwise directed in the constitution, has appellate jurisdic tion only. The court, however, has power to issue writs of injunction, mandamus, quo warrant°, ha beas corpus, and such other remedial and original writs as may he necessary to give it a general superintendence and control of all other courts. Art. 5, sect. 2.
It has appellate jurisdiction in all cases brought by appeal or writ of error from the several circuit courts, when the matter in controversy exceeds in amount or value fifty dollars.
The circuit court. The state is divided into cir cuits, and the circuit courts held within such cir cuits have original jurisdiction in all matters, civil and criminal, within the state, not otherwise ex cepted in the constitution. The circuit courts are to exercise equity jurisdiction until the general as sembly provides otherwise.