7. It is provided by the constitution that "when ever the office of governor shall become vacant by death, resignation, removal from office, or other wise, the president of the senate shall exercise the office of governor until another governor shall he duly qualified; and in case of the death, resigna tion, removal from office, or other disqualifications of the president of the senate so exercising the office of governor, the speaker of the house of repre sentatives shall exercise the office until a presi dent of the senate shall have been chosen ; and when the offices of governor, president of the senate, and speaker of the house shall become vacant in the recess of the senate, the per,son acting as secre tary of state for the time-being shall by proclama tion convene the senate, that a president may he chosen to exercise the office of governor." Art. 5, sect. 17.
The Judicial Power.
8. The High Court qf Errors and Appeale con sists of three judges, elected by the people for the term of six years. Rev. Code, 91. The terms of office are so arranged that one judge is elected every second year. The state is divided into three dis tricts, and one judge must come from each district. A judge must be thirty years old at the time of his election. Two of the judges constitute a quorum, and must concur in a decision. Terms of the court are held twice each year for all the districts, at Jackson, the seat of government. It has no ori ginal jurisdiction, but sits only as a court of errors and appeals.
The Circuit Court consists of ten judges, elected one in each of the districts into which the state is divided, by the people thereof, for the term of four years. A judge must be at least twenty-six years old at the time of hie election, and must be and continue a resident of the district for which he is elected. This is the court of general original juris diction in law and equity. It has original jurisdic tion in all civil cases where the amounts involved exceed fifty dollars, and appellate jurisdiction from inferior courts, and a full and exclusive criminal jurisdiction, except that of the justices of the peace and of the United States courts. It may authorize the alteration of names, may legitimate offspring, and authorize the adoption of children. The judges may, even in vacation, issue write of habeas corpus, mandamus, certiorari, error, super sedeas, and attachment, returnable to any circuit or other court, grant injunctions and writs of ne °seat, as well as other writs. Two terms of the court are held annually in each county.
9. COUrili of Chancery are held by the jndges of
the circuit court at the times of holding the county court. One week at least of each term is to be given to chancery business. The court sitting in chancery has a full equity jurisdiction of all cases involving amounts over fifty dollars.
Probate Courts are held in each county hy a single judge, elected by the people of the county. This court takes the control generally of all property of decedents, takes probate of wills, may order par tition of lands, takes charge of the property of minors, lunatics, etc., appointing guardians, and may take acknewledgment of' deeds.
It sits also as a court of inquiry in criminal mat ters, and may bind over persons suspected, to the circuit court, for trial.
10. A Board of Police exists in each county, composed of five members, elected one from each of the five districts into which the county is divided. They have the general control of the internal police of the county, including the jurisdiction over pa trols and paupers, the care of roads and bridges and county buildings, with power to levy county taxes.
A Justice of the Peace is elected in each of the five police districts of each county, by the people of the district, for the term of two years. He has a civil jurisdiction, coextensive with the county, over all cases involving not more than fifty dollars in amount.
In cases where the parties require, be may sum mon a jury, which shall he composed of six per sons selected from the twelve summoned. He has also a limited criminal jurisdiction of minor of fences. He must hold not leas than one nor more than two terms each month, and may hear and de cide cases between the regular terms, where justice requires it.
Jurisprudence.
11. A full revision of the laws of the state was ordered in 1854, by act of the legislature, which was completed and went into effect Nov. 1857. It is known as " The Revised Code of 1857." By its provisions the disqualification of interest has been removed, so that parties to the suit, or persons in any way interested, may testify in open court, hut not so as to establish a claim against a decedent's estate beyond the amount of fifty dol lars; husband and wife may testify for each other in criminal cases; changes have been made in the laiv of dower. See DOWER; CIIRTESY.
A full and minute criminal code has been enacted, which contains full provisions for the prevention of erime, by requiring bonds of offenders to preserve the peace, and especially not to repeat the same offence for the space of two years.