therein. All incumbents of said
offices shall hold until their successors are qualified.
[Sidenote: Terms of office of first officers under this article.]
SEC. 26. The officers elected at the first election held under this
Constitution shall hold their offices for the terms prescribed for them
respectively, next ensuing after the next regular election for members
of the General Assembly. But their terms shall begin upon the approval
of this Constitution by the Congress of the United States.
[Sidenote: Jurisdiction of justices of the peace.]
SEC. 27. The several justices of the peace shall have jurisdiction,
under such regulations as the General Assembly shall prescribe, of civil
actions, founded on contract, wherein the sum demanded shall not exceed
two hundred dollars, and wherein the title to real estate shall not be
in controversy; and of all criminal matters arising within their
counties where the punishment can not exceed a fine of fifty dollars or
imprisonment for thirty days. And the General Assembly may give to
justices of the peace jurisdiction of other civil actions, wherein the
value of the property in controversy does not exceed fifty dollars. When
an issue of fact shall be joined before a justice, on demand of either
party thereto, he shall cause a jury of six men to be summoned, who
shall try the same. The party against whom judgment shall be rendered in
any civil action may appeal to the Superior Court from the same. In all
cases of a criminal nature, the party against whom judgment is given may
appeal to the Superior Court, where the matter shall be heard anew. In
all cases brought before a justice, he shall make a record of the
proceedings and file same with the clerk of the Superior Court for his
county.
[Sidenote: Vacancies in office of justices.]
SEC. 28. When the office of justice of the peace shall become vacant
otherwise than by expiration of the term, and in case of a failure by
the voters of any district to elect, the clerk of the Superior Court for
the county shall appoint to fill the vacancy for the unexpired term.
[Sidenote: Vacancies in office of superior court clerk.]
SEC. 29. In case the office of clerk of a Superior Court for a county
shall become vacant otherwise than by the expiration of the term, and in
case of a failure by the people to elect, the judge of the Superior
Court for the county shall appoint to fill the vacancy until an election
can be regularly held.
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