Page:Notes on the State of Virginia (1853).djvu/249

Rh their leave. If no court should have been held during the quarter, there shall be no deduction.

There shall, moreover, be a Court of Impeachments, to consist of three members of the Council of State, one of each of the Superior Courts of Chancery, Common Law and Admiralty, two members of the House of Delegates, and one of the Senate, to be chosen by the body respectively of which they are. Before this court any member of the three branches of government; that is to say, the Governor, any member of the Council, of the two houses of Legislature, or of the Superior Courts, may be impeached by the Governor, the Council, or either of the said houses or courts, and by no other, for such misbehavior in office as would be sufficient to remove him therefrom; and the only sentence they shall have authority to pass shall be that of deprivation and future incapacity of office. Seven members shall be requisite to make a court, and two-thirds of those present must concur in the sentence. The offences cognizable by this court shall be cognizable by no other, and they shall be triers of the fact as well as judges of the law.

The justices or judges of the Inferior Courts already erected, or hereafter to be erected, shall be appointed by the Governor, on advice of the Council of State, and shall hold their offices during good behavior, or the existence of their court. For breach of the good behavior, they shall be tried according to the laws of the land, before the Court of Appeals, who shall be judges of the fact as well as of the law. The only sentence they shall have authority to pass, shall be that of deprivation and future incapacity of office, and two-thirds of the members present must concur in this sentence.

All courts shall appoint their own clerks, who shall hold their offices during good behavior, or the existence of their court: they shall also appoint all other their attending officers to continue during their pleasure. Clerks appointed by the Supreme or the Superior Courts shall be removable by their respective courts. Those to be appointed by other courts shall have been previously examined, and certified to be duly qualified, by some two members of the General Court, and shall be removable for breach of the good behavior by the Court of Appeals only, who shall be judges of the fact as well as of the law. Two-thirds of the members present must concur in the sentence.

The justices or judges of the Inferior Courts may be members of the Legislature.