Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-06-22

council shall be declared Dy Inc governor 10
be dulv elected to the council and the per-
son or persons authorized 10 be elected having
the greatest number of votes for the house ~ofs
representatives, eqtal to1he number TO which
each county or district shall be entitled, shall
be declared by the governor TO be duly elected
members of the house Of representatives
Prorided, That in case of a tie between two
or more persons voted for, the governor shall !
order a new election TO supply the vacancy
made by such tie And the persons thus elee-
ted 10 the legislative assembly shall meet al
such place. and on such day, as the governor
shall appoints hut thereafter the tIme' place,
and manner of holding and conducting all
elections by the people, and the apporioning
the representation in the several counties orI
districts to the council and house OF represent
tatves according TO the population, shall be-
prescribed by law as well as the day OF the
commencement of the regular sessions OF the
legislative. assembly: Provided, That no one
session shall exceed the term OF sixty days
SEC. 5 And be 1T further enacted. That eV
ery free white male nhabitant above the age
of tventv-one years, who shall have been
resident of said Territory at the time OF the
passage of this act. shall be entitled to vote
at the first election, and shall be eligible to
any office within the said Territory; but the
qualifications of voters and of holding office,
at all subsequent elections, shall be such as
shall he.prescribed by the Legislative assembly:
Pyorided, That The right of suffrage and OF
holding office shall be exercised only by citi-
zens Of the United States, and1hose who shall
have declared, on oath, their intention to be-
come such, and shall have taken oath TO
support the constitution of the United States
and the provisions of this act
SEC. s. A4d be 1t further enacted, That the
legislative power of the Territory shall extend
to all rightfu subjects of legislation, conss-
tent with the constitution of the United States
and the provisions of this act but no law shall
be passed interfering with the primary dispo
sal of the soil no tax shall be imposed upon
the property of the United States; nor shall
the lands or other property OF non-resldents
| be taxed higher than the lands or other prop
erty of residents. All the laws passed by the
| legislative assembly and governor shall be
submitted TO the Congress of the United States,
and if disapproTed, shall be null and OF no
effect.
SEC. 7. And be ii further enacted, That all
township, district, and county officers, not
herein otherwise. provided for, snail be ap-
pointed or elected, as the case may be, IN such
manner as shall be provided by the governor
ana leSlSIdllFe dSSeLnDIy Vi the IelIHoly VI
| Minnesota. The governor shall nominate, and
By and with. the advice and consent of the le-
1 gislative council appoint all officers not here
in Otherwise provided for; and in the first in
stance 4he governor alone may appoint all said
officers, who shall hold their offices until the
end of the next session of the legislative as.
sembly.
SEC. g. And be 1t further enacted, That nc
member of the legislative assembly shall hold
or be appointed to Any office which shall have
been created, or the salary or emoluments OF
which shall have been increased while he was
a member, during the term for which he was
:, elected, and for one year after the expiration
y. of such term and no person holding com
r mission or appointment under the United
States. except postmasers, shall be a member
of the Legislative assembly, or shall hold any
office under the government Of said Territory
i Sec g.: And be 1t further enacted, That the
judicial power of,saf Territory shall be,ves
ted in supreme. court, district. court, probate
, COURTS atd in. justices of the peace. The su
preme court shall consist of a chief justice anc
two associate justices, any two of whom shall
consttute- a quorum, and who shall hold {
fern al the's OF governmental said Terri
tory annually, and they shaIlthold their off
( ces during the period Of four Yeas The. sale
| Territory shall be divided into three judicia
districts, and district court shall be held in
f each Of said districts by one of the justices O
the supreme court, at such times and places as
: may be prescribed by law; and.the said judg
:, es shall after their appointments, respective
! ", reside in the districts which shall be as
, signed them. The jurisdiction of the severa
courts herein provided for, both appellate anC
, original, and that of the probate courts and Of
justices of the peace, shall be as limited BY
, law Provided, That the justices of the peace
r, shall not have jurisdiction Of any matter ir
! controversy when the title or boundaries o
land may be in dispute, or where the debt o.
sum claimed shall exceed one hundred dollars
and the said supreme and district courts, res
pectively, shall'poSseSs chanccry as well a:
! common law jurisdiction Each district court
, or the Judge thereof, shall appoint its clerk
2 and shall keep his Office at the place where
: the court may be held Writs OF error, bill:
of exception and appeals. shall be allowed il
all cases from the final decisions of said dis
trct courts to the supreme court, under such
= regulations as may be prescribed by law, bu
in no case removed 10 the supreme court shall
J trial by jury be allowed in said court. The
supreme court, or the justices thereof shall
t appoint its own clerk, and every clerk sha
hold his office at the pleasure of the court fQ1
: which he shall have been appointed. Writ:
: of error and appeals from the fnal decision:
of said supreme court shall be allowed anc
5 may be taken to the Supreme Court of The
United States, in the same manner and unde
: the same regulations as from thecIrcuit court;
of the United States, where the value OF the
property or the amount in controversy, 10 bt
> ascertained by the oath or affirmation of eth
: er party, or other competent witness, shall eX
: coed one thousand dollars; and each of the
said district courts shall have and exercise the
same jurisdiction, in all cases arising unde
the constitution and laws of the United State
as is vested in the circuit and district courts O
the United States; and the first six days O.
| every term of said courts, Or so much Thereof
as shall be necessary, shall be appropriated
t to the trial OF causes arising under the salt
constitution and laws; and writs of error ant
: appeal all in such cases shall! be made TO TIT
supreme court of said Territory, the same al
, in other cases. The said clerk shall receive
in all such cases. the same fees which tn,
clerks of the district courts the late Wiscon
sin Territory received for similar services.
Sec. 10. And be 1t further enacted, Tha
E there shall be appointed an attorney for salt
Torritory- who cboIl of41o, fcr -f,,,