New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-13

DAYS excepted after it shall have been presented to
him, 1t shall be law in like manner as if he had
signed it, unless the General Assembly, by ad-
iournment, prevent its return; in which it shall
| be law, unless sent back within three days after
| their next session.
| ART. Sd Every order, resolution vote. to
which the concurrence Of both houses may be me-
cessary except on question OF adjournment, shall
be presented to the Governor, and before it shall take
effect, be approved by him, or being disapproved,
shall be repassed by twothirds of the members cleo
ted to each house of the General Assembly.
ART. So There shall be Secretary of State, who
shall hold his office during the time for which the
Governor shall have been elected The records Of
the State shall be kept and preserved in the office of
the Secretary; he shall keep fair register Of the
official acts and proceedings of the Governor, and
when necessary shall attest them. He shall, when
required, lay the said register, and all papers, min
utes and vouchers relative to his office, before
either house OF the General Assembly, and shall
perform such other duties as may BIS enjoined on
him by law.
ART. Sc. There shall be a Treasurer of the State
who shall hold his office during the term of two
years.
ARr 81. The Secretary of State and Treasurer
of State, shalt be elected by the qualified electors of
the State. And in of any vacancies caused by
the DEATH resignation, or absence OF the Treasurer
or Secretary oil State, the Governor shall order an
election to ill said vacancy.
ART. So. All commissions shall be in the name
and by the authority of the State of louisiana and
shall be scaled with the State seal and signed by
the Governor.
| ART. So The free white men of the State shall
be armed and disciplined for its defence; but those
who belong to religious societies whose tenets
forbid them to carry arms, shall not be compelled
to do, but sla pay equivalent for personal
| vices.
ART 60. The Militia of the State shall be Or
| ganized in such manner as may be hereafter Deem
ed most expedient by the Legislature.
TITLE ~.
I JUDICIARY DEPARTMENT
| ART 81. The Judiciary power shall be vested in a
Supreme Court, in such inferior courts the Legis
lature may from time to time, order and establish
and in Justices Of the Peace.
ART 60. The Supreme Court, except in cases
hereinafter provided shall have appellate jurisdiction
only which jurisdiction shall extend to all cases
when the matter in dispute shall exceed three nun
bred dollars; to all cases in which the constitu-
| tonaity or legality of any tax, toll or mpost what
soever Of any fine, forfeiture penalty imposed
by municipal corporation, shall be in contesation ;
and to all criminal cases on questions of law Alone
whenever the offence charged is punishable with
death Imprisonment at hard labor, when fine
exceeding three hundred dollars is actually imposed.
The Legislature shall have power to restrict the ju
rsdction Of the Supreme Court in civil cases to
questions of law only
ART. 49, The Supreme Court shall be composed
of one Chief Justice and four Associate Justices, a
majority of whom shall constitute quorum. The
dollars and each of the Associate Judgesa salary Of
five thousand five hundred dollars, annually until
otherwise provided by law. The Court shall appoint
its Clerks the Judges shall be elected for the
| term of ten years.
ART ga. The Chief Justice shall be elected by
the qualified electors of the State. The Legislature
| shall divide the State into four Districts, and the
qualified electors of each District shall elect of
the Associate Justices The State shall be divided
into the following Districts, until the Legislature
| shall otherwise direct
| FIRST DISTRICT.
| The Parishes of Plaquemines, ST. Bernard, that
portion of the Parish OF Orleans the right bank OF
the Mississippi river and that portion of the City of
| NewOrleans which lies below the line extending
from the river Mississippi along the middle of Julia
street, until it strikes the NewOreans Canal, and
| thence down said canal to the Lake.
SECOND DISTRICT.
That portion Of the City of NewOrleans which is
situated above the line extending along the middle
of Julia street until it strikes the NewOreans Canal
and thence down said Canal to the Lake. and the
Parishes of Jefferson st. John the Baptist, st.
Charles, St. James, Ascension, Assumption, La
fourche Interior, Terrebonne, West Baton Rouge
and Iberville
THIRD DISTRICT.
The Parishes of St. Tammany, Washington,
Livingston, St. Helena, East Baton Rouge East
Feliciana, West Feciana, Point Coupee, Avoyelles,
Tensas, Concorda, Lafayette, VermlIion, St. Mary,
ST. Martin and ST. Landry.
| The Parishes of Calcasieu, Rapdes Sabine Nat
chitoches, DeSoto, Caddo, Bossier, Claiborne Bien-
vile, CALDWELL Union, Ouachta, Morehouse Jack
son, Franklin, Catahoula, Madison, Carroll and
| Winn.
ART. 65. The office of one of the Associate JUS
tees shall be vacated at the expiration of the second
year. of another at the expiration OF the fourth yeaI
of third at the expiration OF the sixth year, and of
the fourth at the expiration of the eighth year--so
that one of the Judges of the Supreme Court shall be
elected every second year.
ART. &c. The Secretary OF State, on receiving the
official returns of the first election, shall proceed i'm
mediately in the presence and with the assistance
two Justices of the Peace to determine by lot among
the four candidates having the highest number of
votes in their respective Districts which of the As
socate Justices elect shall for the term of two
years. which shall serve for the term of four years
which for the term of six years. and which for the
term OF eight years, and the Governor shall issue
commissions accordingly.
ART. 81. Any vacancy that may occur in the Su-
preme Court from resignation otherwise, shall be
filled by election for the remainder of the unexpired
term but if such remainder do not exceed one year
the vacancy shall be filed by Executive appoint
ment
ART. 6S. The Supreme Court shall hold its ses-
sons in NewOreans from the first Monday of the
month of November to the end OF the month OF June,
inclusive. The Legislature shall have power to fix
the sessions elsewhere during the of the year
until otherwise provided, the sessions shall be held
heretofore.
ART SO, The Supreme Court and each of the
Judges thereof shall have power to issue writs oil
hheas corpus, at the instance OF all persons in actual
custody under process in all cases in which they may
have appellate jurisdiction.
ART 70. No judgment shall be rendered by the
Supreme Court without the concurrence of majority
OF the Judges comprising the court Whenever a
majority cannot agree, in consequence of the recusa
ton OF any member or members of the court, the
Judges not reused shall have power call upon any
Judge or Judges OF the inferior courts whose duty il
shall be, when so called upon 20 sit in the place of
the Judges reused and to aid in determining the
case.
ART. II. All Judges, by virtue of their Office
shall be conservaors of the peace throughout the
State The style of all process shall be "The State
OF Louisiana All prosecutions shall be carried on
IN the name, and by authority of the State of Loui-
sana, and conclude against the peace and dignity
Of the same
= ART. ". The Judges of all courts within this
State shall as often as may be possible to do in
every dehnltve Judgment refer to the particular law
IN virtue OF which such Judgment may be rendered
and IN all cases adduce the reasons OH which their
judgment is founded.
ART 70. The Judges of all courts shall be LA
bic to impeachment; but for any reasonable cause
which shall not be sufficient ground for impeacl-
ment the Governor shall remove any of them on the
address of threetourths Of the members present og
each house OF the General Assembly. In every
such case, the cause causes for which such re-
mova may be required shall be stated at length in
the address, and inserted in the Journal of each
house.
ART. "a There shall be an Attorney General for
the State, and as many District Attorneys as NAV he