The North-Carolina standard., 1849-03-21

msmbers of said House; Provided That in case two
or more persons voted for shall have an equal number
of votes and in vacancy shall eccuf'
in either branch of the Legislative assembly, the gov
ernor shall order election, and the person thus
elected TO the Legislative assembly shall meet at such
place. and on such day, within ninety days after such
elections, as the governor shall put, mere
ductng all elections by the people, and the appor
oning tire representation in the several counties or
districts to the council and house OF representatives
according to the number of qualified voters, shall be
nrescribed by law, as well as the day of the COM
of the regular sessions of the Legislative
assembly: Provided, That no session In any one
wear shall exceed the term of sixty days, except the
first session., which Shall not De prolonged Deyohu
one hundred days.
SEC. s. find be ii further enacted, That every white
male inhabitant above the age of twenty one years,
who shall have been resident of said Territory at
the time of the passage of this act and shall possess
the qualifications hereinafter prescribed. shall be en-
titled to vote the first election and shall be eligible
to any Office within the said Territory; but the quail
ificaons of voters and of holding Office, at all sub
seouent elections shall be such as shall be prescribed
bv the legislative assembly Prouaded That the right
of suffrage and of holding Office shall be exercised
only bv citizens of the United States above the age
of twenty one years, and those above that age who
shall have declared on oath, their intention TO De-
come SUCH and shall have taken an oath to support
the constitution of the United States and the provis-
ions of this act: 4ad PrOrided further That no officer
soldier, seaman, or marlne or other person In the
army or navy of the United States, or attached to
troops in the service of the United States, shall be
allowed to vote in said Territory, by reason OF being
ON therein, unless said Territory is and has
been for the period of six months his permanent dom
icil Provided further, That no person belonging to
the army or navy of the United States shall ever be
elected to or hold any civil Office appointment in
said Territory.
Sec. 6. Ind be ii further enacted, That the legisa
live power of the Territory shall extend to all right
ful subjects of Legislation not inconsistent with the
constitution and laws of the United States; but no
law shall be passed interfering with the primary dis
posal of the soil tax shall be imposed upon the
property of the United States; shall the lands or
other property of nonresidents taxed higher than
the lands or other property ofresdents. All the laws
passed by the Legislative assembly shall be submit
ted to the Congress of the United States, and if dis
approved, shall be null and of no effect; PTooided,
That nothing in this act shall be construed to give
power to incorporate bank, any institution with
banking powers, or to borrow money in the name of
the Territory or to pledge the faith Of the people OF
the same for any loan whatsoever, either directly or
indirectly. No charter granting any privilege of
making issuing, putting into circulation any notes
or bills in the likeness of bank notes, any bonds,
scrip drafts, bills of exchange obligations, or
granting any other banking powers or privileges,
shall be passed by the Legislative assembly shall
such corporation derived from other authority, be al
lowed Id said Territory; shall said Legislative
assembly authorize the issue of any obligation, scrip,
or evidence of debt by said Territory, in any mode
to said Territory and all such laws, any law or
laws inconsistent with the provisions of this act,
shall be utterly null and void and all taxes shall be
equal and uniform, and no distinction shall be made
in the assessment between different kinds of property,
but the assessments shall be according the value
thereof. To avoid improper influences which may
result from intermxng in one and the same act such
things have proper relation to each other every
law shall embrace but one object, and that shall be
expressed in the title.
4oH he II f,frfb at all
ship, district, and county officers, not herein other
wise provided for, shall be appointed elected in
such manner as shall be provided by the Legislative
assembly of the Territory of Oregon.
SEC. 8. find be it further enacted, That ne member
Of the legislative assembly shall hold be appointed
to, any Office which shall have been created, the
salary emouments of which shall have been in |
creased, while he was member, during the term for
which he elected, and for year after the ex
,iration of such but this restriction shall
De applicable to members of the first legislative
'embly; and no person holding commission or ap-
oointment under the United States shall be member
IF the legislative assembly, shall hold any Office
lnder the government of said Territory.
SEC. 8. find be ii further enacted, That the judi
al power of said Territory shall be vested in su-
'reme court district courts, probate courts, and in
Justices of the peace. The supreme court shall !
consist of chief justice and two associate Justices
my two of whom shall constitute a quorum, and
Who shall hold term at the seat of government Of
aid Territory annually, and they shall hold their Of
ices during the perloQ OF Iour years. and until their
shall be appointed, and qualified. The |
aid Territory shall be divided into three judicial dis
riots, and district court shall be held in each Of
aid districts by of the justices of the supreme
ourt, at such times and places may be prescribed
" laws and the said judges shall, after their appoint
nents, respectively, reside in the districts which
hall be assigned them The Jurisdiction of the sew
ral courts herein provided for, both appellate and
rgnal, and that of the probate courts and of JUS
ices of the peace, shall be limited by law Pro
ided, That justices of the peace shall not have iu-
isdicton of any case in which the title to land shall
n anywlse come In question, where the debt or l.
amages claimed shall exceed one hundred dollars {;
nd the said supreme and district courts respective
y, shall possess chancery well as common law
Jurisdiction Each district court the Judge there
shall appoint its clerk, who shall also be the req
lace where the court may be held. Wrts of error,
ills OF exception, and appeals shall he allowed in
III cases from the final decisions of said district
courts to the supreme court, under such regulations
IS may be prescribed by law; but in no case remov-
d to the supreme court shall trial by jury be allow
ID in said court. The supreme court, or the justices
hereof, shall appoint Its own clerk, and every clerk
hall hold his Office at the pleasure of the court for
which he shall have been appointed. Writs of error
md appeals from the final decisions of said supreme
court shall be allowed, and may be taken to the Su-
'reme Court of the United States, in the man.
Ter and under the same regulations as from the cir
ut courts of the United States, where the value of
he property the amount in controversy, to be
;eralned by the oath affirmation of either party,
'r other competent witness, shall exceed two thous-
md dollars and in all where the constitution
u the United States, acts of Congress- treaty
u the United States, Is brought in question:; and Z
ZACH OF the said district shall have and exer-
he constitution of the United States, and the laws
II said Territory, vested in the crcuit and dis