The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1850-12-19

shall De entitled under this act. The number O
persons authorized to bs elected having the liigI,
est number Of votes in each Of said Council dis
iricts for members of the Council, shall be declar
| cl; and the person or persons, authorized 10 b.
| elected, having the greatest number Of votes 70
| the House OF Representatives, equal to the mum
Der to which each county or district shall be eni
tied, shall be declared by the Governor 10 be dul,
elected members Of the Hou,e of Representatives
Provided, That in case Of a lie between two OF
more persons voted for, the Governor shall orde
new election 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
bat thereafter the time, place and manner of hold
ing and conducted all elections by the people, and
the apportioning the representation in the several
| counties or districts 10 the Cognciland House oil
Representatives according TO popuia tion, shalt be
prescribed by law as well as the day cf the COM
mencemens Of the regular sessions of the Iegs-
lative Assembly: Pr0riied, That no one session
shall exceed the term Of forty DAYS.
SEC. 6. find be it further enacted, Tha. every
free white male inhabtant, above the age of TWEEN
ty-one years, who shall have been resident of
sand 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 shall be prescribed by the Legislative As
sembiy: Prouided, That the right Of suffrage, and
of holding office, shall be exercised only by ct-
zens of the United States, including those rccog-
nized as citizens by the treaty with the Republic
of Mexico, concluded February second. eighteen
hundred and forty-eight.
SEC. 7. find be Il further enacted, That the
legislative power Of the Territory, shall extend TO
all rghful subjects of legislation, consistent with
the Constitution OF the United States and the pro-
visions of this act; but law shall be passed IN
terferlng with the primary disposal Of the soil nc
tax shall be imposed upon the property OF the
United States; nor shall the lands other prop
erty of non-residen,s be taxed higher than the
lands or other property Of residents All the laws
passed by the Legislative Assembly and Govern
or, shall be Submitted to the Congress of the Unit
ed States, and if disapproved shah be null and of
no effect.
SEC. 8. .4nd be it further enacted, That all
township. district and county officers, not herein
otherwise provided for shall be appointed or elect
ed, as the case may be, in such manner as shall
be providel by the Governor and Legislative AS
sembIy Of the Territory Of New Mexico. The
Governor shall nominate, and, by and with the
advice and consent of the Legislative Council, ap-
point, 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 first session of the Leg
isatve Assembly, and shall lay off the necessary
districts for members of the Council and House
of Representatives, aud all other officers.
SEC. 8. .4nd be 1t 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 emouments OF
which shall have been increased while he was
member. during the Term for which he was elect
ed, and for one year after the expiration of such
term; and no person holding commission OF APP
pointment under the United States, except post
masters, shall be member of the Legislative As
sembly, or shall hold any Office under the govern
ment OF said Territory.
SEC. 10. .and be it turtle, enacted, That the
judicial power Of said Territory shall be vested in
a Supreme Court, District Courts, Probate Courts
and in Justices of the Peace. The Supreme
Court shall consist Of Chief Justice and two AS
sOciate Justices, any two OF whom shall consti-
tute quorum, and who shall hold d term at the
seat of government of said Territory Annually,
and they shall hold their offices during the period
Of four years. The said Territory shall be divided
into three judicial districts, and District Court
shall be held IN each of SAID districts by of
the Justices Of The Supreme Court, at such time
and place may be prescribed by law; and the
said Judges shat, after their appointments, res
=
signed them. The Jurisdiction OF the several
courts herein provided for. both appellate and
original and that Of the probate conrs ard of JUS
tices of the peace, shall be as limited BY law:
Propided, That justices of The peace shall not
have jurisdiction in any matter III controversy
when the title or boundaries of land may 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 well common law jurisdiction.
Each district court, or the Judge 'hereof, shall APP
point its clerk, who shall also be The reg ister in
chancery, and shal! keep his Office at the place
where the court may be held. Writs of error.
bills Of exception and appeals, shall be allowed
in all cases from the final decisions of said dis
strict courts to the supreme court, under such reg
ulations may be prescribed by law, but IN no
case removed to the supreme court shall trial by
Jury be allowed in said court. The supreme court,
or the justices thereof, shall appont It's own clerk,
and every clerk shall hold his office at the pleas
ure Of the court for which he shall have been APP
poimed. Writs Of error and appeals from the
final decisions of said supreme court shall be al
lowed, and may be taken to the Supreme Court
of the United States, in the same manner aud
under the same regulations as from the circuit
courts Of the United States, where the value Of
the property or the anount IN controversy, TO be
ascertained Ivy the oath or affirmation OF either
party, or other competent Witnesses, shall exceed
one thousand dollars; except only, tina in all cases
involving title to slaves, the said wrts CT error or
appeals shall be allowed and decided by the said
supreme court without regard TO The value Of the
matter, property, title in controversy; and ex-
cept also that writ CT error appeal shall also
be allowed to the Supreme Court of The United
States from the decision of the said supreme court
created by this act, or of any Judge thereof or Of
the district courts created by this act, OF of any
Judge thereof. upon any writ of habeas corpus In
voying the question Of personal freedom, and
each Of the said district courts shall have aud ex-
ercise the same jurisdiction in all cases arising
under the Constitution and laws of the United
States as is vested in the circuit and district courts
Of the United States; and the SAID supreme and
district courts of the said Territory, and the res
pectve Judges thereof, shall and may grant wrts
Of habeas corpus in all cases in which the same
| are grantable by the judges OF the United States
in the District Of Columbia; aud the first six days
of every term Of said courts, or so much thereof
as shall be necessary shall be appropriated TO the
trial of causes arising under the said constitution
and laws; and writs Of error and appeals in ali
such cases shall be made to the supreme court OF
said Territory, the same in other cases. The
said clerk shall receive in all such cases the same
fees which the clerks Of the district courts of Ore
! gon Territory now receive for similar services
n l. \ fI,..ft