The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1850-12-26

~ - - IL. 4-AS LSAAsA \ - :
elected members Of the Hosse Of Representa-
tiyes. Prorided, That in case Of = Tie between
swo or mere persons voted for, the Governor shall
osts-.SA new election to supply the vacancy made
by such tie. And the pessons thus elected TO
the Legislative Assembly shall meet at such
place, and on such day, as the Governor shall APP
point; but, thereafter, the time, place and man.
ner Of holding and conducting all elections by the
people, and the apportionmeat Of the representa-
ZION in the several counties or districts to the
Council and House Of Representatives, according
TO population, shall be prescribed by law, well
as the day Of the commencement Of the regular
sessions Of the Legislative Assenrbfv: Proridei,
That no one session shall exceed the term to forty
days. HI
SEC. 5. find be 1t further enacted, That every
free white male lnhabtant above the age of twen-
ty-one years, who shall have been a resident of
said Territory at the time Of the passage Of this
act, shall be entitled 10 vote at the first election,
and shall be eligible to any office within the said
Territory; but the qualii ations of voters and of
holding office, at all subsequent elections, shall be
such Us shall be prescribed by tue Legislative As
sembly: Prorided, That the right of suffrage and
Of holding Office shall be exercised only by citi-
zcns OF the United States, including those recog-
nised as citizens by the treaty with the Republic
Of Mexico, concluded February second, eighteen
hundred and forty-eight. '-4 M
Sec. 6. .fad De Il further, enacted, That the
legislative power of said Territory shall extend to
all righful subjects Of legislation, consistent with
the Constitution of the United States and the pro-
visions of this act; but no law shall be passed in-
terfering with the primary dsposalof the soil; no
tax shall be imposed upon the property Of the
United States; nor shall the lands other proper
=. I L.. l. Il. al. 4
or other property Of residents. All the laws pass
ed by the Legislative Assembly and Governor
shall be Submitted TO the Congress of the United
States, and if disapproved shall be null and Of no
effect. si
SEC. Z. .9aa be it faliaer enacted, That all
township, district, and county officers, not heren
otherwise provided for, shall be appointed or
elected, as the case may be, IN such manner as
shall be provided by the Governor and Legisla-
tive Assembly of the Territory Of Utah. The
Governor shall nominate, and, by and with the
advice and consent Of the Legislative Council,
appoint all officers not herein Otherwise provided
for; and in the first instance, the Governor alone
may appoint all said officers who shall hold their
offices until the end of the rs, session of the Leg
islatiNe Assembly, and shall lay off the necessary
districts for members Of the Council and House
Of Representatives, and all other Offices.
Sec. s. find be IL 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 emolmnents Of
which shall have been increased while he was n
member, during the term for " hlch he was elect
ed, and for one year after the expiration OF such
term; and no person holding commission or ap-
pointment under the United States, except post
masters, shall be member Of the Legislative
Assembly, or shall hold any Office under the gov
ernment of said Territory.
SEC. 9.s.And be it further enacted, That the
udicial power Of said Territory shall be vested IN
supreme court, district courts probate courts and
justices of the peace. The supreme court shall con-
sist ola chief justice andtw associate justices, any
two Of whom shall constitute quorum. and who
shall hid term at the seat Of government of
said Territory annually, aud they shall hold their
offices during the period of ioar years. The sand
Territory shall be divided into three judicial dis
tricts and district court shall be held in each of
said dsiscts by one Of the justices Of the supreme
court at such time and place as may be prescrib-
eIst p;;',aw; and the saiu .es shall, after their
appointments, respectively, reside in the districts
which shall be assigned them. The jurisdiction
of the several courts herein provided for, both ap-
pellate and original, and that Of The probate courts
and justices of the peace, shall be as limited by
law: Prerided. That justices OF the peace shall
not have jurisdiction Of any matter IN controversy
when the tltG or nOuVidfiSS VI MAY NC III
controversy when the tl.ie or boundaries of land
NAV be in dispute, or where the debt or sum
claimed shall exceed one hundred dollars; and the
said supreme and district courts respectively shall
possess chancery as we'll as common law Jurisdic-
ton. Zach district court, or the Judge thereof,
shall appoint its clerk, who shall also be the reg
s.er in chancery, and shall keep his Office AT the
place where the court may be held. WritS of er-
ror, bills of exception, and appeals, shall be al
lowed in all cases from the final decisions Of said
district courts to the supreme court, under such
regulations as may be prescribed by law; but in
no case removed to the supreme court shall trial
bv iury be allowed in said court The supreme
court. or the Justices thereof, shall appoint its
own clerk, and every clerk shall hold his Office a,
the pleasure of the court for which he shall have
been appointed. Writs Of error and appeals from
the final decision of said supreme court, shall be
allowed and may be taken 10 the Supreme Court
of the Uuited States, IN the same manner and
under the same regulations as from the circuit
I courts of tho United States, where the value OF
the property or the amount IN controversy, to be
/ ascertaned by The oath or affirmation OF either
nortv. or other competent witness, shall exceed
one thousand dollars except only that, in all cases
involving title to slaves the said writs Of
appeaIs shall be allowed and decided by the SAID
supreme court, without regard to the value of the
matter, property, or title in controversy; and ex
cept, also, that writ Of error or appeal shall alsC
be allow ed to the Supreme Court of the UnItet
States from the decisions of the said supreme
court created by this act, Of any judge thereof
or of the district courts created by this act, or o
any Judge thereof. upon any writ Of habeas cor
pus involving the question of personal freedom
and each Of the said district courts shall have anc
exercise the same jurisdiction, in all cases arlsn:
under the Constitution and laws Of the United
States as is vested in the crcut and district court
of the United States; and the said supreme ans
districts courts Of the said Territory, and the res
pective Judges thereof, shall and may grant writ
OF habeas corpus in all cases in which the sam
are granted by the judges Of the United States II
the District Of Columbia; and the first six days 0
every term of said courts, or so much thereof a
shall be necessary, shall be appropriated to To
trial of causes arising under the said Constitution
and laws: and writs of error and appeal, IN a
such cases, shall be made to the supreme court {
said Territory, the same as in other cases. III
said clerk shall receive in all such cases the sam
fees which the clerks of the district courts {
Oregon Territory receive for similar services
SEC. 10. find be 1t further enacted, This
there shall be appointed an attorney for said Ie'
r;tory who shall continue in Office for four years
unless sooner removed by the President. and wl'
shall receive the same fees and salary as the al
torney of the Unitud States for the present Tel
. | sI,l .l,,u III ha a n.