New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-30

to that house, it shall be law; but in such cases
the vote of both houses shall be determined by yeas
and nays, and the names OF the members voting
for and against the BILL shall be entered the jour
nal of each house respectively. II any bill shall not
be returned by the Governor within ten days (Sun-
days excepted) after it shall have been presented to
him it shall be law in like manner as if he had
signed it, unless the General Assembly, by adj
iournment, prevent its return; in which case it shall
be law, unless sen. back within three DAYS afer
their next session.
ART 81. Every order, resolution or vote. tic
| which the concurrence OF both houses may be ne,
cessary, except on question of adjournment shall
be presented to the Governor and before it shall take
effect, be approved by him. being disapproved
shall be repassed by twothrds 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 o
the State shall be kept and preserved in the office
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 be enoined on
| him by law.
ART So. There shall be Treasurer of the State
who shall hold his office during the term of two
years.
ART. 81. The Secretary Of State and Treasurer
of State shall be elected by the qualified electors Of
| the State. And in OF any vacancies caused by
the death, resignation, absence of the Treasurer
or Secretary OF State, the Governor shall order
| election to fill said vacancy.
ART. 5S. All commissions shall be in the name
and by the authority of the State of louisiana, and
shall be sealed with the State seal and signed by
the Governor.
| ART. 50. The free white men of the State shall
1 Lo I
| who belong to religious societies whose tencts
forbid them to carry arms, shall not be compelled
so to do, but shall 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 expedent by the Legislature.
TITLE ".
4 JUDICIARY DEPARTMENT.
ART. Gl. The Judiciary power shall be vested in a
Supreme Court, in such inferior courts as the Legs-
ature may, from time to time, order and establish,
| and in Justices oil the Peace.
| ART g. 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 hun
dred dollars; to all cases in which the const,l-
tonaiy or Legality of any tax, toll, impost what
soever or OF any tine forfeiture penalty imposed
by municipal corporation shall be in condensation
and to all criminal cases questions of law alone,
whenever the offence charged is punishable with
death or imprisonment at hard labor, or when fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the iu-
risdicon of the Supreme Court in civil cases to
questions of law only.
ART. 60. The Supreme Court shall be composed
of one Chief Justice and four Associate Justices a
majority of whom shall constitute quorum. The
Chief Justice shall receive a salary of six thousand
dollars and each of the Associate Judges salary Of
five thousand five hundred dollars, annually, until
| otherwise provided by law. Tie Court shall appoint
its own Clerks; the Judges shall be elected for the
| term OF ten years.
ART 81. 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 one Of
the Associate Justices The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct
FIRST DISTRICT.
The Parishes of PIaqnemnes, ST. Bernard, that
portion of the Parish OF Orleans the right bank of
the Mississippi river, and that portion of the City of
NewOreans which lies below the line extending
from the river Missss ppi along the middle Of Julia
street, until it strikes the NewOrleans 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 New orleans Canal
ard thence down said Canal TO the Lake. and the
Parishes of Jefferson, St John the Baptist, ST.
Charles, st. James, Ascension. Assumption, La
Iourche Interior, Terrebonne, West Baton Rouge
and lbervllle
THIRD DISTRICT.
The Parishes of ST. Tammany, Washington,
Livingston, St. Helena, East Baton Rouge East
Feiicana, West Felicana, Point Coupee, Avovelles,
| Tensas, Concordia, Lafayette, Fermon, St. Mary,
St. Martin and ST. Landry
FOURTH DISTRICT.
The Parishes of Cacasieu, Rapides, Sabine, Nat
chitoches, DeSoo, Caddo Bosser, Claiborne, Bien-
vile, Caldwell, Union, Ouachita, Morehouse, Jack
son, Franklin, Catahoula, Madison, Carroll and
Vim.
ART. Co. 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 year.
OF third at the expiration of the sixth year. and of
the fourth at the expiration Of the eighth year--so
that 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
mediatey, in the presence and with the assistance OF
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
sociae justices elect shall for the term of two
years, which shall serve for the term of four wears
which for the term of six years, and which for the
term of eight years. and the Governor shall issue
commissions accordingly.
ART, 81. Amy vacancy that may occur in the Su.
preme Court from resignation or otherwise, shall be
filled by election for the remainder OF the unexpred
term but If such remainder do not exceed one year,
the vacancy shall be filled by Executive appoint.
ment.
ART IS. The Supreme Court shall hold its ses-
sions in NewOrleans 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 rest of the year
until otherwise provided the sessions shall be held as
heretofore.
ART, Co. The Supreme Court and each of the
judges thereof shall have power to issue writs OF
ha5eas 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 recused shall have power to call upon any
'uoge or Judges OF the inferior courts, whose duty it
shall be, when called upon. 20 sit in the place of
the Judges refused, and to aid in determining the
case
ART. H. All Judges, by virtue OF their office
shall be eonseryators of the peace throughout the
State. The style of all process shall be "trhe State
OF Louisiana AL! prosecutions shall be carried on
in the name and by authority OF the State of Ioui-
sana, and conclude against the peace and dignity
OF the same.
ART. Y. The Judges of all courts within this
State shall as often it may be possible to do, in
every detinitve judgment, refer to the particular law
in virtue OF which such judgment may he rendered.
aud in all cases adduce the reasons on which their
Judgment is founded,
ART. 70, The Judges OF all courts shall be la
Bile to impeachment; but for any reasonable cause
which shall not be sufficient ground for impeach-
nent, the Governor shall remove any of them the