Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-09-26

tatives, equal to the number to which cash couu
~ or district shall be entitled, shall be declared
BY the Governor to be duly elected members o.
the House of Representatives; Provided, Tha
| IN case of tie between twn or more persons
voted for. the Governor shall order 4 new cleo
ton to supply the vacancy made by such tie
And the persons thus elected to the Legislative
Assembly shall meet at such place and on such
day as the Governor shall appoint but thereat-
ter the lime, place and manner Of holding and
conducting all elections BY the people, and the
apportioning the representation in the several
counties or districts to the Council and House Of
REPRESENTATIVES,, according 10 population, shall
be prescribed by law, a. we'll - the day of the
commencement of the regular sessions of the
Legislative Assembly; Provided, That no one
session shall exceed the term of forty days.
SEC. 5. find BE- i further enacted. That every
free white male inhab,ant, above the age Of
twenty -one yean, who shall have been resid-
ent Of said Territory at the lime of the passage
Of this act shall be entitled to vote At the frs,
election and shall be eligible to any Office with
in The said Territory but the qualifications Of
voters and Of holding Office, Al all subsequent
elections, shall be such - shall be prescribed
by the Legislative Assembly; Provided, That
the right OF suffrage and of holding Office shall
be exercised only by citizens of the United
States, including those recognised as citizens by
the treaty with The republic of Mexico, conclud-
ed February second, eighteen hundred a.d forty
eight. l-
SEC. 6. .4nd be Il further enacted, That the
legislative power OF said Territory shall extend
to ali nghtfuI subjects of Legislation, consist
ent with the Constitution Of the United States
and the provisions Of this act but no law shaII
De passed interfering wIh the primary disposal
Of the soil; no tax shall be imposed upon the
property Of the United States; nor shall the
lands or other property of non-reslden:s be tax
ed higher than the lands or other property Of re-
sidenls. All the laws passed by the Legislative
Assembly and Governor shall be submitted to
the Congress OF the United Slater, and if dis
approved shall be null and of no effect
SEC. 2. find be It further enacted, That all
township, district, and county officers, not here
In otherwise provided for, shall be appointed or
elected. as the csse may be, in such manner as
shall be provided by the Governor and Legisa-
tive Assembly of the Territory of Utah.
The Governor shall nominate, and, by and sith
the advice and consent of the Legislative Coun-
Gil, appoint all officers not herein otherwise PRIV
ided for; and in the first instance the Governor
alone my appoint all said officers, who shall
hold their Offices until the end OF the first
sion of the Legislative Assembly, and shall lay
OH The necessary districts for members of the
Council and House Of Representative, and ali
other officers.
Sec. =. .3nd be It further enacted, That no
member of The Legislative Assembly shall hold
or be appointed to any Office which shall have
been created, or the salary or enIul1nents Of
which shall have been iEcreast while he was
ne"ber, during the term Of which he was elect
ed aud for one year after the expiration OF such
term and person holding commission or
appointment under the United States, except
postInssters, shall be member of The Legisla-
tive Assembly, or shall hold any Office under the
government OF said Territory.
Sec. D. lind be u further enacfed. That the
judicial power Of said Territory shall be vested
Ia Supreme Court, District Courts, Probate
Courts, and in Jus. ices of the Peace. The Su-
preme Court shall consist OF a Chief Justice
and Two Associate Justices, any two OF whom
shall constitute quorum, and who shall hold
term at The seat ot government OF SAID Terrific
ry annually, and they shall hold their ofices dur
lug the period Of four years. The said Terrific
~ shall be divided into three judicial districts.
and District Court shall be held IN each OF SAID
districts by one OF the justices Of the supreme
courl, al such tune and place as may be prescrib-
ed by law; and the said jud yes shall, after their
appointments respectively, reside IN the districts
which shall be sss,g ned them. The jurisdic :on
Of the several courts herein provided for, both
appellate and original, and that Of the probate
courts aaj oi Justices Of the peace, shall be rs
llmi ed by law: Provided, Thai justices Of the
peace shall not have jurisdiction of any matter
in controversy when the title or boundaries Of
land may he IN dispute. or where the debt or
sun Canned shall exceed one hundred dollars !;
and said supreme and district courts, respective
ly, shall possess chancery as well as common
law jurisdiction. Each district court, or the
judge thereof, shall appoint It's clerk, who shall.
also be the register 10 chancery, and shall keep
his office ut the place where the court may be
held. Wnis Of error, bills of exception, and ap
peals, shall be allowed IN all cIses from the fns
decisions O: SAID district Courts 10 the supreme
cout, under such regulations Is NAV be prescrib-
ed by law, but IN no Case removed to the supre-
me court shall trial by jury be allowed in said
Court. The supreme couri, or the justices The. e.
of, snail appoint It's own clerk, aud every clerk
shall hold his Office AT the pleasure of the court
tor which he shall have been appointed. Wrils
OF error aud appeals from the hnal decisions Of
said supreme cour' shall be allowed, and may
De taken TO The Supreme Court OF the United
States, 10 the same manner and under the
same regulations as from the circuit courts of
The United STATES, where The value of the pro-
perry or the amount in controversy, to be ascer-
tanned by the oath or affirmation Of either patty,
or other competent witness, shall exceed one
thous md dollars except only that in all cases
involving title 10 slaves, the said writs of error
or appeals shall be allowed aud decided by the
said supreme court without regard 10 the value
Of the matter, properly, or title in controversy
and except, also, that q writ If error OF appeal
shall also be allowed to the Supreme Court of
the United States f,oin the decision of the said
supreme court created by this act. or Of any Judge
tsenof or Of me district courts created by tins act
or Of any Judge thereof, upon aly writ of habeas
corpus involving the question of personal freedom:
4 RI Il