Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-19


to remain citizens thereof meet in primary assembly the
first Monday in next, at such points and places
nent the people residing within the boundaries of this Ter
rto and the shall appoint three discreet and
peten be designated his proclamation preside
the meetings be held each Of the points places
the day aforesaid be bound by oath faithfully per-
form their duties judges OF the qualifications OF the citizens
aforesaid and Judges of election and the said citizens so
assembled qualified shall vote by ballot for such number
OF delegates to be assigned the respective places districts
in proportion the or probable number OF
in EACH be ascertaned by the governor
the whole number elected shall not exceed twenty-five and
such delegates when duly elected and notified by the judges
OF election shall assemble the earliest day practicable
or BY his proclamation shall appoint and shall proceed
California by the election Of speaker and clerk such
other officers be proper and shall determine the rules
Of proceeding that body They shall then proceed nom-
nate eighteen competent and qualified persons required
the preceding secton from whom the governor shall appoint
the council and when the general assembly shall
have been thus completed they shall by divide
the Territory California within the boundaries established
by this act into convenient number of countless shall pro-
vide Tor ascertanng the number OF qualified voters in each
county; shall nix the number and apporton the representa-
to the several counties according the number of
in each and shall establish regulations the purity
ernor Of the Territory The representatives first elected
shall continue in office tor year from the day
which their election held.
SEC T. ind be further enacted That after the FIRST cleo
on as provided for in the preceding section the house OF
representatives the Territory Of California shall be compos
ed OF for years. according such
apportonmeno representatives population the general
assembly shall determine to be right and person shall be
eligible qualified be representative who shall
attained the age Of years. and who shall have
resided in this Territory least year preceding the
day election and who shall not be householder within the
county which he may be elected and person holding
Office under the United States any Office of profit under the
Territory except that of justice Of the peace shall be repre-
sentative. In Of vacancy by DEATH resignation, removal
otherwise, Of representative the governor shall issue
writ to the county, in which vacancy may aforesaid
elect another person to the residue of the
SEC s. And it further enacted That the first general as
emby of the Territory of California shall be convened in the
Of San Francisco and thereafter it shall annually
the first MONDAY in December unless different day be
appointed by may be convened by the
extraordinary OCCASION at such place be fixed upon
by law The legislative council and
when assembled shall each choose speaker its other
officers and determine the rules Of its proceedings Each
house shall pit on its adjournment from day to day
Neither houie SHALL during the session, without of
the oer adjourn for than three days. any other
place than where the two houses shall be sitting The
bers Of the general assembly shall in all except treason
felony breach OF the peace be privileged from arrest dur
ing their attendance at their respective houses and in going
either house they shall not be questioned in other place
SEC. 9. And be further enacted That all and every free
white maeczen of the Territory Of California above the age
of twenty years. who may have elected under the eighth
article of treaty between the United States and Mexico,
the Cd February, lSis remain become citizens Of the
United States and all free white male citizens Of the Uni
ted States may resided in said Territory for twelve
months and who shall have paid territorial county tax
assessed at least six months previous thereto shall be
titled for to the general assembly OF
this Territory shall be eligible to- and capable Of holding
any Office honor trust profit in the said Territory under
the United States snail
entite for delegate the Congress Of the United
States during the temporary provided Tor this
Territory by this act. vi.
Sec TO- Ind be it further enacted That the judicial power
in the Territory of California shall be vested in superior
court and inferior courts, and justices OF the The
judges the superior and inferior courts and justices of the
peace shall be appointed by the Governor, by and with the
advice and of the Legislative Council and shall hold
their Offices for the term Of four years. unless
by the Governor the superior court shall consist OF three
judges who shall reside in the said Territory two OF
whom shall constitute court The said Territory shall be
IF
shall be circuit held in each year, each
of which shall be held by Of the three Judges of the
may be determined upon by the General Assembly for the
general OF the people and shall be one an
OF the superior held the seat of government
of the Territory such time the general assembly shall
prescribe shall have the ordi
nary law jurisdiction, and the superior
shall have Jurisdiction in all criminal and exclusive u-
rdiction in all those that capital and original and appel
late jurisdiction in all civil the value of least
hundred dollars The sessions superior and inferior
shall continue until all the business depending shall be
disposed Of for such time be prescribed by the
era assembly The superior and inferior courts SHALL
specyely appoint their clerks sher and other necessary
officers who shall be by the governor and shall
hold their Offices during the temporary of the said
Territory, unless sooner removed by the court All free
white male citizens having the qualifications of electors
quired by the tenth section Of this and disqualified
known the law, shall be qualified grand
petit jurors in the of the said Territory; and they
shall, until the general assembly thereof shall otherwise d
rect be selected in such the said courts shall
spectivcy prescribe be conducive Impair
tal trial least burdensome inhabitants of the said
Territory. The compensation to the Judges and the
penaton and fees of the other officers
in the service of the courts and in the administration of
tce shall be fixed by the general assembly and paid OF
the be provided by the general assembly from the
Sec IT, .ana Be ee enacted Tha, the I'D Territory
of California established by this act shall constitute one
judicial district of the United States, be known the
district of California and district cour; shall be established
and held heren consist OF judge who shall reside in
the district and be called district Judge He shall hold
Of government of said Territory three sessions OF
the said district annually the first to commence on the
first Monday the month next succeeding the
of the court and the other sessions progressively the first
Monday every fourth calendar month thereafter He shall
all things have and exercise the jurisdiction and
ers which by law given the Judge of the Kentucky dis
tric by the act entitled establish the judicial
courts of United States and entitled " An act in
addition the act entitled An to establish the judicial
the United States approved the I'd day OF March,
1928 and the supplementary thereto and all other ur
dcton which have been be- by law vested
exercised by the district courts of the United States
The said judge shall appoint clerk for the said district who
shall reside aud keep the records of the court at the place OF
holding the same and shall receive for the services reformed
by him. fees which the clerk of the Kentucky dis
tric or clerks of the district of the United States
are law entitled for similar services and the said judge
shall be allowed and paid quarter yearly the Treasury of
the United States the annual compensation OF dollars
Sec. H. .fnd be further enacted That there shall be
pointed in the said district OF California person learned the
law to act attorney the United States who SHALL in adj
on his stated es be paid tile Treasury OF the United
States hundred collars annually, full compensation
for all extra services.
appointed the said district OF California who shall per-
form the duties be subject to the same regulations and
penalties aud be entitled the fees as are provided for
and prescribed marshals other districts OF the United
States SHALL moreover be entitled to the of two
hundred dollars annually compensation for all extra SER
vices to be paid the Treasury OF the United States
retary district judge, district attorney and marshal for the
said district of California shall be appointed by the President