ARTICLE V.

OF THE JUDICIARY DEPARTMENT.

§ 1. The judicial power of this state shall be and is hereby vested in one supreme court, in circuit courts, in county courts, and in justices of the peace: Provided, that inferior local courts, of civil and criminal jurisdiction, may be established by the general assembly in the cities of this state, but such courts shall have a uniform organization and jurisdiction in such cities.

§ 2. The supreme court shall consist of three judges, two of whom shall form a quorum; and the concurrence of two of said judges shall in all cases be neces sary to a decision.

§3. The state shall be divided into three grand divisions, as nearly equal as may be, and the qualified electors of each division shall elect one of the said judges for the term of nine years: Provided, that after the first election of said judges the general assembly may have the power to provide by law for their election by the whole state, or by divisions, as they may deem most expedient.

84. The office of one of said judges shall be vacated, after the first election held under this article, in three years, of one in six years, and of one in nine years: to be decided by lot, so that one of said judges shall be elected once in every three years. The judge having the longest term to serve shall be the first chief justice; after which the judge having the oldest commission shall be chief justice.

§ 5. The supreme court may have original jurisdiction in cases relative to the revenue, in cases of mandamus, habeas corpus, and in such cases of impeachment as may be by law directed to be tried before it, and shall have appellate jurisdiction in all other cases.

§ 6. The supreme court shall hold one term annually in each of the aforesaid grand divisions, at such time and place, in each of said divisions, as may be provided for by law.

§ 7. The state shall be divided into nine judicial districts, in each of which one circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the term of six years, and until his successor shall be commissioned and qualified: Provided, that the general assembly may increase the number of circuits to meet the future exigencies of the state.

§ 8. There shall be two or more terms of the circuit court held annually in each county of this state, at such times as shall be provided by law; and said courts shall have jurisdiction in all cases at law and equity, and in all cases of appeals from all inferior courts.

§9. All vacancies in the supreme and circuit courts shall be filled by election as aforesaid: Provided, however, that if the unexpired term does not exceed one year, such vacancy may be filled by executive appointment.

§ 10. The judges of the supreme court shall receive a salary of $1,200 per annum, payable quarterly, and no more. The judges of the circuit courts shall receive a salary of $1,000 per annum, payable quarterly, and no more. The judges of the supreme and circuit courts shall not be eligible to any other office or public trust of profit in this state, or the United States, during the term for which they are elected, nor for one year thereafter. All votes for either of them for any elective office (except that of judge of the supreme or circuit court) given by the general assembly, or the people, shall be void. $11. No person shall be eligible to the office of judge of any court of this state who is not a citizen of the United States, and who shall not have resided in this state five years next preceding his election, and who shall not for two years next preceding his election have resided in the division, circuit or county in which he shall be elected; nor shall any person be elected judge of the supreme court who shall be, at the time of his election, under the age of 35 years; and no person shall be eligible to the office of judge of the circuit court until he shall have attained the age of 30 years.

$12. For any reasonable cause, to be entered on the journals of each house, which shall not be sufficient ground for impeachment, both justices of the supreme court and judges of the circuit court shall be removed from office, on the vote of two-thirds of the members elected to each branch of the general assembly: Provided, always, that no member of either house of the general assembly shall be eligible to fill the vacancy occasioned by such removal: Provided, also, that no removal shall be made unless the justice or judge complained of shall have been served with a copy of the complaint against him, and shall have an opportunity of being heard in his defense.

§ 13. The first election for justices of the supreme court and judges of the circuit courts shall be held on the first Monday of September, 1848.

§ 14. The second election for one justice of the supreme court shall be held on the first Monday of June, 1852, and every three years thereafter an election shall be held for one justice of the supreme court.

§15. On the first Monday of June, 1855, and every sixth year thereafter, an election shall be held for judges of the circuit courts: Provided, whenever an additional circuit is created, such provision may be made as to hold the second election of such additional judge at the regular elections herein provided.

§ 16. There shall be in each county a court, to be called a county court.

17. One county judge shall be elected by the qualified voters of each county, who shall hold his office for four years, and until his successor is elected and qualified.

§ 18. The jurisdiction of said court shall extend to all probate and such other jurisdiction as the general assembly may confer in civil cases, and such criminal cases as may be prescribed by law, where the punishment is by fine only, not exceeding $100.

§ 19. The county judge, with such justices of the peace in each county as may be designated by law, shall hold terms for the transaction of county business, and shall perform such other duties as the general assembly shall prescribe: Provided, the general assembly may require that two justices, to be chosen by the qualified electors of each county, shall sit with the county judge in all cases; and there shall be elected, quadrennially, in each county, a clerk of the county court, who shall be ex officio recorder, whose compensation shall be fees: Provided, the general assembly may, by law, make the clerk of the circuit court ex officio recorder, in lieu of the county clerk.

§ 20. The general assembly shall provide for the compensation of the county judge.

§ 21. The clerks of the supreme and circuit courts, and state's attorneys, shall be elected at the first special election for judges. The second election for clerks of the supreme court shall be held on the first Monday of June, 1855, and every sixth year thereafter. The second election for clerks of the circuit courts, and state's attorneys, shall be held on the Tuesday next after the first Monday of November, 1852, and every fourth year thereafter.

§ 22. All judges and state's attorneys shall be commissioned by the governor. § 23. The election of all officers, and the filling of all vacancies that may hap pen by death, resignation or removal, not otherwise directed or provided for by this constitution, shall be made in such manner as the general assembly shall direct: Provided, that no such officer shall be elected by the general assembly.

§ 24. The general assembly may authorize the judgments, decrees and decis ions of any local inferior court of record, of original, civil or criminal jurisdiction, established in a city, to be removed for revision directly into the supreme court.

§ 25. County judges, clerks, sheriffs, and other county officers, for willful neglect of duty, or misdemeanor in office, shall be liable to presentment or indictment by a grand jury, and trial by a petit jury, and, upon conviction, shall be removed from office.

§ 26. All process, writs, and other proceedings shall run in the name of The people of the State of Illinois. All prosecutions shall be carried on In the name and by the authority of the people of the State of Illinois, and conclude, Against the peace and dignity of the same.

§ 27. There shall be elected in each county in this state, in such districts as the general assembly may direct, by the qualified electors thereof, a competent number of justices of the peace, who shall hold their offices for the term of four years, and until their successors shall have been elected and qualified, and who shall perform such duties, receive such compensation, and exercise such jurisdiction as may be prescribed by law.

§ 28. There shall be elected in each of the judicial circuits of this state, by the qualified electors thereof, one state's attorney, who shall hold his office for the term of four years, and until his successor shall be commissioned and quali fied, who shall perform such duties and receive such compensation as may be prescribed by law: Provided, that the general assembly may hereafter provide by law for the election, by the qualified voters of each county in this state, of one county attorney for each county, in lieu of the state's attorneys provided for in this section; the term of office, duties and compensation of which county attorneys shall be regulated by law.

§ 29. The qualified electors of each county in this state shall elect a clerk of the circuit court, who shall hold his office for the term of four years, and until his successor shall have been elected and qualified, who shall perform such duties and receive such compensation as may be prescribed by law. The clerks of the supreme court shall be elected, in each division, by the qualified electors thereof, for the term of six years, and until their successors shall have been elected and qualified, whose duties and compensation shall be provided by law.

§30. The first grand division, for the election of judges of the supreme court, shall consist of the counties of Alexander, Pulaski, Massac, Pope, Hardin, Gal latin, Saline, Williamson, Johnson, Union, Jackson, Randolph, Perry, Franklin, Hamilton, White, Wabash, Edwards, Wayne, Jefferson, Washington, Monroe, Saint Clair, Clinton, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Bond, Madison, Jersey and Calhoun.

The second grand division shall consist of the counties of Edgar, Coles, Moultrie, Shelby, Montgomery, Macoupin, Greene, Pike, Adams, Highland, Hancock, McDonough, Schuyler, Brown, Fulton, Mason, Cass, Morgan, Scott, Sangamon, Christian, Macon, Piatt, Champaign, Vermilion, De Witt, Logan, Menard, Cumberland and Clark.-[McLean county was added to the second division by the act of Feb. 16, 1865; Laws 1865, pp. 25, 26.]

The third grand division shall consist of the counties of Henderson, Warren, Knox, Peoria, Tazewell, Woodford, McLean, Livingston, Iroquois, Will, Grundy, Kendall, La Salle, Putnam, Marshall, Stark, Bureau, Henry, Mercer, Rock Island, Whiteside, Lee, Carroll, Jo Daviess, Stephenson, Winnebago, Ogle, De Kalb, Boone, Kane, McHenry, Lake, Cook and Du Page.

§ 31. The terms of the supreme court for the first division shall be held at Mount Vernon, in Jefferson county; for the second division, at Springfield, in Sangamon county; for the third division, at Ottawa, in La Salle county, until some other place in either division is fixed by law.

§ 32. Appeals and writs of error may be taken from the circuit court of any county to the supreme court held in the division which includes such county, or, with the consent of all the parties in the cause, to the supreme court in the next adjoining division.

$33. The foregoing districts may, after the taking of each census by the state, be altered, if necessary, to equalize the said districts in population; but such alteration shall be made by adding to such district such adjacent county or counties as will make said district nearest equal in population: Provided, no such alteration shall affect the office of any judge then in office.

§ 1.

ARTICLE VI.

ELECTIONS AND THE RIGHTS OF SUFFRAGE.

In all elections every white male citizen above the age of 21 years, having resided in the state one year next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of the state at the time of the adoption of this constitution, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote, except in the district or county in which he shall actually reside at the time of such election.

§ 2. All votes shall be given by ballot.

§ 3. Electors shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.

§ 4. No elector shall be obliged to do militia duty on the days of election, except in time of war or public danger.

§ 5. No elector shall be deemed to have lost his residence in this state by reason of his absence on the business of the United States, or of this state.

§ 6. No soldier, seaman or marine in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed at any military or naval place within the state.

§ 7. No person shall be elected or appointed to any office in this state, civil or or military, who is not a citizen of the United States, and who shall not have resided in this state one year next before the election or appointment.

§ 8. The general assembly shall have full power to pass laws excluding from the right of suffrage persons convicted of infamous crimes.

§ 9. The general elections shall be held on the Tuesday next after the first Monday of November, biennially, until otherwise provided by law.

ARTICLE VII.

COUNTIES.

§ 1. No new county shall be formed or established by the general assembly which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than 400 square miles; nor shall any county be formed of less contents; nor shall any line thereof pass within less than 10 miles of any county seat of the county or counties proposed to be divided.

§ 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question shall vote for the same.

§ 3. All territory which has been or may be stricken off by legislative enactment from any organized county or counties, for the purpose of forming a new county, and which shall remain unorganized after the period provided for such organization, shall be and remain a part of the county or counties from which it was originally taken, for all the purposes of county and state government, until otherwise provided by law.

§ 4. There shall be no territory stricken from any county unless a majority of the voters living in such territory shall petition for such division, and no territory shall be added to any county without the consent of a majority of the voters of the county to which it is proposed to be added.

§ 5. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed by law, and a majority of the voters of the county shall have voted in favor of its removal to such point.

§ 6. The general assembly shall provide, by a general law, for a township organization, under which any county may organize whenever a majority of the voters of such county, at any general election, shall so determine; and whenever any county shall adopt a township organization, so much of this constitution as

provides for the management of the fiscal concerns of the said county by the county court may be dispensed with and the affairs of said county may be transacted in such manner as the general assembly may provide.

§ 7. There shall be elected in each county in this state, by the qualified electors thereof, a sheriff, who shall hold his office for the term of two years, and until his successor shall have been elected and qualified: Provided, that no person shall be eligible to the said office more than once in four years.

ARTICLE VIII.

MILITIA.

§ 1. The militia of the state of Illinois shall consist of all free male able-bodied persons, (negroes, mulattoes and Indians excepted,) resident of the state, between the ages of 18 and 45 years, except such persons as now are or hereafter may be exempted by the laws of the United States or of this state, and shall be armed, equipped, and trained as the general assembly may provide by law.

§2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such exemption.

§ 3. Company, battalion and regimental officers, staff officers excepted, shall be elected by the persons composing their several companies, battalions, and regiments.

4. Brigadier and major generals shall be elected by the officers of their brigades and divisions, respectively.

§ 5. All militia officers shall be commissioned by the governor, and may hold their commissions for such time as the legislature may provide.

§ 6. The militia shall in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters and election of officers, and in going to and returning from the same.

ARTICLE IX.
REVENUE.

1. The general assembly may, whenever they shall deem it necessary, cause to be collected from all able-bodied free white male inhabitants of this state over the age of 21 years and under the age of 60 years, who are entitled to the rights of suffrage, a capitation tax of not less than 50 cents nor more than $1 each.

2. The general assembly shall provide for levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his or her property; such value to be ascertained by some person or persons to be elected or appointed in such manner as the general assembly shall direct, and not otherwise; but the general assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery-keepers, toll-bridges and ferries, and persons using and exercising franchises and privileges, in such manner as they shall, from time to time,

direct.

§3. The property of the state and counties, both real and personal, and such other property as the general assembly may deem necessary for school, religious and charitable purposes, may be exempted from taxation.

§ 4. Hereafter, no purchaser of any land or town lot, at any sale of lands or town lots for taxes due either to this state or any county, or incorporated town or city within the same, or at any sale for taxes or levies authorized by the laws of this state, shall be entitled to a deed for the lands or town lot so purchased until he or she shall have complied with the following conditions, to-wit: Such purchaser shall serve, or cause to be served, a written notice of such purchase on every person in possession of such land or town lot, three months before the expiration of the time of redemption on such sale; in which notice he shall state when he purchased the land or town lot, the description of the land or lot he has purchased, and when the time of redemption will expire. In like manner he shall