The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1849-05-31


of representatives shall reside in, and be in
habitants of, the district for which they may
be elected respectively. Previous to the
first election, the governor shall cause a
census or enumeration of the inhabitants of
the several counties and districts of the Ter
rltory to be taken, and the first election shall
he held at such time and places, and be con-
Quoted IN such manner as the governor shall
appoint and direct; and he shall, at the same
time, declare the number of members of the |
council and house of representatives to
which each of the counties or districts shall
be entitled under this act The number of
persons authorised to be elected having the
highest number OF votes IN each OF SAID
council districts for members of the council
shall be declared by the governor to he duly
elected to the council, and the person or
persons authorized TO he elected having the
greatest number of votes for the house of
representatives, equal To the number to
which each county or district shall be eDti-
lied, shall he declared by the governor to he
duly elected members of the house of rep
resentives: Prtuided, That, in case of a tie
between two or more persons voted for, the
governor shall order "a new election TO sup
ply the vacancy made by such tie. And the
persons thus elected to the legislative assem-
bly, shall meet at such place, and on such
day, as the governor shall appoint; but
thereafter, the time, place, and manner of
holding and onducting all elections by the
people, and the apportoning the representa-
ton in the several counties or districts TO the
council and house of representatives accor-
ding to the population, shall be prescribed by
Jaw, as well as the day of the commencement
of the regular sessions of the legislative as
Ek.t ,nt,.,
exceed the term of sixty days.
| SEC. 5. ind be 1t further enacted, That
every tree white male inhabitant above the
been resident of said Territory at the
time of the passage Of this act, shall be en-
titled to vote at the first election, and shall
be eligible to any office within the said Ter
ritory; but the qualifications of voters and
of holding office, at all subsequent elections,
shall be such as shall be prescribed by the
legislative assembly: Provided, That the
right OF suffrage and Of holding office shall
be exercised only 10y citizens of the United
States, and those who shall have declared,
on oath, their intention to become such, and
shall have taken an oath to support the
Constitution of the United States and the
provisions II this act.
- SEC. 6. find be 1t turthSDrnacted, That
the legislative power of the erritory shall
: extend to all righlful subjects of legislation,
consistent with the Constitution OF the Uni
ted States and the provisions OF this act;
but DO law shall be passed interfering with
} the primary disposal Of the soil; 40 tax shall
j be imposed upon the property of the United
, States; nor shall the lands or other property
of non-residents be taxed higher than the
, lands or other property of residents. All
) the laws passed by the legislative assembly
t and governor shall be submitted to the Con
: eress of the United States, and if disapprov-
t ed, shall be null and OF no effect.
L SEC. 7. find be ii further enacted, That
t all township, district, and county officers,
not herein otherwise provided for, shall he
t appointed or elected, as the case may be, in
l such manner as shall be provided by the
l. governor and legislative assembly of the
3 Territory of Minnesota. The governor
Y shall nominate, and, by and with the advice
t and consent Of the Legislative cousicil, APP
5 point all officers not herein otherwise pro-
t vided for; and in the first instance, the gov
a ernor alone may appoint all said officers,
e who shall hold their offices until the end OF
S the next session of the Legislative assembly
1 SEC. s. find Be 1t further enacted, That
I no me,nber of the legislative assembly shall
: hold or be appointed to any office which
shall have been created, or the salary or
t emoluments of which shall have been in
i creased, while he was member, during the
e term for which he was elected, and tor one
: year after the expiration OF such term; ano
r no person holding commission or appoint
5 ment under the United States, except post
e masters, shall he a member of the Legislative
e assembly, or shall hold any office under the
r government of said Territory.
n SEC. 9. find be IL further enacted, Tha
# the judicial power of said Territory shall
y be vested in supreme court, district courts
S probate courts. and III justices OF the peace
= The supreme court shall consist of chic
il Justice and two associate justices, any two
g of whom shall constitute a quorum, and
= who shall hold term at the seat Of govern
+ ment of said Territory annually, and they
\ Shall hold their offices during the period Of
= four years. The said Territory shall be di
vided into three judicial districts, and a dis
t trct court shall be held in each ct said dis
:, trcts by one of the Justices of the supreme
e court, at such times and places cs may b'
e prescribed by law; and the said judges shall
: after their appointment, respectively, reside
+ in the districts which shall be assigned them
r The jurisdiction of the several courts here
s in provided for, both appellate and original
!; and that of the probate courts and OF justr
d ces of the peace, shall be as limited by law
II Provided, That the justices of the peac,
h shall not have Jurisdiction of any matter il
), controversy when the title or boundaries 0
Q land may be in dispute, or where the debt o
y sum claimed shall exceed one hundred dol
+ lars; and the said supreme and district court
g respectively, shall possess chancery as wei
j. as common law jurisdiction. Each distric
: court, or the Judge thereof, shall appoin
: its clerk, who shall also be the register il
d chancerv, and shall keep his Office at tn
e place where the court may be held. Writ
y of error, bills of exception and appeals
" shall he ailo1Ned In all cases from the fina