Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-14

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 first session of the Legislative assembly, and
shall lay off the necessary districts for members Of the coun
Gil and house of representatives and all other officers
Sec. 8. And be Il further enacted, That member Of
the legislative assembly shall hold or be appointed TO any
office which shall have been created the salary emolu
ens of which shall have been increased, while he was
member during the for which he elected, and for
year after the expiration Of such term and no person
holding commission appointment under the United
State except postmsster shall be member OF the legislative
assembly, shall hold any Office under the government OF
said Territory.
Sec. 8. and be 1t further enacted, That the judicial
power Of said Territory shall be vested in supreme court
district courts, probate courts and in justices OF the peace
The supreme court shall consist Of chief justice and TWO
associate Justices any of whom shall constitute quorum
and who shall hold 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 divld-
ed 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 be prescribed by laws
and the said judges SHALL after their appointments respec
vely reside in the Districts which shall be assigned them
The jurisdiction of the several courts herein provided fo
both appellate and original and that Of the probate courts
and justices of the peace shall he limited by law: Pro-
vidd That justices Of the peace shall not have jurisdiction
OF any matter in controversy when the title or o.
land may be in dispute, where the debt sum claimed
shall exceed hundred dollars and the said supreme and
district courts respectively shall possess chancey as well as
common law jurisdiction Each district court or the judge
thereof shall appoint its clerk who shall also be the register
chancey, and shall keep bis Office at the place where the
court be held Wrts Of error bills Of exception and
appeals shall be allowed in all from the final decisions
Of said district courts to the supreme court under such regu
atons sy be prescribed by law but in removed
to the supreme court shall trial by jury be allowed in said
court The supreme court the justices thereof shall APP
point its own clerk and every clerk shall hold his office at
the pleasure Of the for which he shall have been
pointed Wts Of and appeals from the final decisions
the Supreme Court of the United States in the manner
and under the regulations from the circuit courts Of
the United States, where the value of the property the
amount in controversy to be asceaned by the oath a
nation Of either party, other competent Witness shall ex
coed thousand dollars except only that in all in
voving title to slaves the said wrs Of appeals shall
be allowed and decided by the said Supreme Court without
regard the value Of the matter, properly title in
roversy and except ALSO that writ of appeal shall
also be allowed to the Supreme Court Of the United States
from the decisions Of the said supreme court created by this
act of judge thereof Of the district courts created
by this Of any judge thereof upon any writ Of habeas
corpus involving the question Of personal freedom and each
of the said district courts shall have and exercise the
jurisdiction in all arising under the constitution and
laws Of the United States is vested in the circuit and dis
ct Of the United States and the said supreme and
district courts of the said Territory, and the respective judges
thereof shall and may grant wrts Of habeas corpus in all
in which the ganable by the judges Of the
United States in the District Of Columbia and the first six
days of every of said courts much thereof
shall be necessary shall be appropriated to the trial of
arising under the said constitution and laws and wrs of
and appeal all such shall be made the supreme
court Of said Territory, the in other The
said clerk shall receive in all such the fees which
the clerks of the district of Oregon Territory
ceve for similar services.
Sec 10. And be 1t further enacted That there shall be
appointed attorney for said Territory, who shall continue
in Office for four years. unless removed by the Pesi
attorney Of the United States for the present Territory Of
Oregon There shall also be marshal for the Territory ap
pointed, who shall hold his Office for four years. unless
removed by the President and who shall execute all
issuing from the sad courts when exercising their ursdc
ton circuit and district of the United States he
shall perform the Duties be subject to the regulation
and penalties and be entitled the fees the marshal
of the district Of the United States for the present Ter
ritoy of Oregon, and SHALL addition be paid two hundred
dollars annually compensation for extra services.
Sec. ii. And be further 1cted That the governor,
secretary, chief justice and associate Justices attorney and
marshall shall be nominated and by and with the advice and
consent of the Senate appointed by the President Of the Uni
ted States The governor and secretary to be appointed
aforesaid sha before they SUCH respectively take
oath amaton before the district Judge, justice
of TIE peace in the limits of said Territory duly authorized
to administer oaths and maons by the laws in force
therein or before the chief justice associate justice Of
the Supreme Court of the United States to support the Con-
stuon Of the United States and faithfully discharge the
duties Of their respective offices which said oaths when
taken snail be ceed by the person by Wnom the same snail
have been aken and such certificates shall be received and
recorded by the said secretary among the executive proceed
ings and the chief justice and associate Justices and all
other civil officers 10 said Territory before they as SUCH
shall take like oath affirmation, before the said governor
secretary judge justice Of the peace of the Ter
rtory, who may be duly commissioned and qualified which
said oath affirmation shall be certified and transmitted by
the taking the same the secretary to be by him
corded aforesaid and afterwards the like oath afrma
lion shall be taken, certified, and recorded in such
and form may be prescribed by law The governor shall
receive annual salary Of fifteen hundred dollars governor
and thousand dollars superintendent of Indian affairs
The chief justice and associate justices shall each receive
annual salary of eighteen hundred dollars The secretary
shall receive an annual salary Of eighteen hundred dollars
The said salaries shall be paid quareyeay, at the Treasury
Of the United States The members Of the legislative
semby shall be entitled to receive three dollars each per day
during their attendance at the sessions thereof and three dol
lars each for twenty miles travel in going to and returning
from the said sessions estimated according to the nearest
usually travelled route There shall be appropriated annually
the Of thousand dollars be expended by the gov
ernor to deay the contingent expenses Of the Territory
there shall also be appropriated annually sufficient sum,
to be expended BY the Secretary Of the Territory and upon
estimate to be made by the Secretary of the Treasury Of
the United States to deay the expenses of the legislative
semby the printing Of the laws and other incidental expen
to the Secretary Of the Treasury Of the United States for the
manner in which the aforesaid shall have been expended
Sec IL. And be further enacted That the legislative
assembly Of the Territory of Utah shall hold lite first session
at such time and place in said Territory the governor
thereof shall appoint and directs and said first session.
thereafter they shall deem expeden the governor
and legislative assembly shall proceed locate and establish
the Of government for said Territory such place
they may deem esibe which place. however, shall there