Section 98. Division of cities into classes; courts of each class, additional courts of cities, how provided; abolition and cessation of corporation or city court
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Division of cities into classes; courts of each class, additional courts of cities, how provided; abolition and cessation of corporation or city court
For the purpose of a judicial system, the cities of the State shall be divided into two classes.
Cities having a population of ten thousand or more, as shown by the last United States census, or other census provided by law, shall be cities of the first class and those having a population of less than ten thousand, as thus shown, shall be cities of the second class.
In each city of the first class, there may be, in addition to the circuit court, a corporation court. In any city containing thirty thousand inhabitants or more, the General Assembly may provide for a court or courts with such number of judges for each court as the public interest may require, and in every such city the city courts, as they now exist shall continue until otherwise provided by law.
In every city of the second class the corporation or hustings court now existing shall continue under the name of the corporation court of such city; but it may be abolished by a vote of a majority of the qualified voters of such city at an election held for the purpose. And whenever the office of judge of a corporation or hustings court of a city of the second class, whose annual salary is less than eight hundred dollars, shall become and remain vacant for ninety days consecutively, such court shall thereby cease to exist. In case of the abolition of the corporation or hustings court of any city of the second class, such city shall thereupon come in every respect within the jurisdiction of the circuit court of the county wherein it is situated, until otherwise provided by law; and the records of such corporation or hustings court shall thereupon become a part of the records of such circuit court, and be transferred thereto, and remain therein until otherwise provided by law. During the existence of the corporation or hustings court, the circuit court of the county in which such city is situated shall have concurrent jurisdiction with said corporation or hustings court, in actions at law and suits in equity, unless otherwise provided by law.
Division of cities into classes; courts of each class, additional courts of cities, how provided; abolition and cessation of corporation or city court
For the purposes of a judicial system, the cities of the State shall be divided into two classes.
Cities having a population of ten thousand or more, as shown by the last United States census, or other census provided by law, shall be cities of the first class and those having a population of less than ten thousand, as thus shown, shall be cities of the second class.
In each city of the first class, there may be, in addition to the circuit court, a corporation court. In any city containing thirty thousand inhabitants or more, the General Assembly may provide for such additional courts as the public interest may require, and in every such city the city courts, as they now exist, shall continue until otherwise provided by law.
In every city of the second class the corporation or hustings court now existing shall continue under the name of the corporation court of such city; but it may be abolished by a vote of a majority of the qualified voters of such city at an election held for the purpose. And whenever the office of judge of a corporation or hustings court of a city of the second class, whose annual salary is less than eight hundred dollars, shall become and remain vacant for ninety days consecutively, such court shall thereby cease to exist. In case of the abolition of the corporation or hustings court of any city of the second class, such city shall thereupon come in every respect within the jurisdiction of the circuit court of the county wherein it is situated, until otherwise provided by law; and the records of such corporation or hustings court shall thereupon become a part of the records of such circuit court, and be transferred thereto, and remain therein until otherwise provided by law. During the existence of the corporation or hustings court, the circuit court of the county in which such city is situated shall have concurrent jurisdiction with said corporation or hustings court, in actions at law and suits in equity, unless otherwise provided by law.
For the purposes of a judicial system, the cities of the State shall be divided into two classes. All cities shall belong to the first class which contain, as shown by the last United States census or other census provided by law, ten thousand inhabitants or more, and all cities shall belong to the second class which contain, as thus shown, less than ten thousand inhabitants. In each city of the first class, there shall be, in addition to the circuit court, a corporation court. In any city containing thirty thousand inhabitants or more, the General Assembly may provide for such additional courts as the public interest may require, and in every such city the city courts, as they now exist, shall continue until otherwise provided by law. In every city of the second class, the corporation or hustings court existing, at the time this Constitution goes into effect, shall continue hereafter under the name of the corporation court of such city; but it may be abolished by a vote of a majority of the qualified electors of such city, at an election held for the purpose, and whenever the office of judge of a corporation or hustings court of a city of the second class, whose salary is less than eight hundred dollars, shall become and remain vacant for ninety days consecutively, such court shall thereby cease to exist. In case of the abolition of the corporation or hustings court of any city of the second class, such city shall thereupon come in every respect within the jurisdiction of the circuit court of the county wherein it is situated, until otherwise provided by law, and the records of such corporation or hustings court shall thereupon become a part of the records of such circuit court, and be transferred thereto, and remain therein until otherwise provided by law; and during the existence of the corporation or hustings court, the circuit court of the county in which such city is situated, shall have concurrent jurisdiction with said corporation or hustings court in all actions at law and suits in equity.
For each city or town in the State, containing a population of five thousand, shall be elected, on the joint vote of the two Houses of the General Assembly, one city judge, who shall hold a Corporation or Hustings Court of said city or town, as often, and as many days in each month, as may be prescribed by law, with similar jurisdiction which may be given by law to the Circuit Courts of this State, and who shall hold his office for a term of six (6) years: Provided, that in cities or towns containing thirty thousand (30,000) inhabitants, there may be elected an additional judge to hold Courts of Probate and Record, separate and apart from the Corporation or Hustings Courts, and perform such other duties as shall be prescribed by law.