New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-10

the vote of both houses shall be determined by yeas
and nays, and the names OF the members Young
for and against the bill shall be entered on the jour"
nal of each house respectively any bill shall not
he returned BY the Governor within ten days (Snn-
DAYS escepted after it shall have been presented to
him, it shall be law in like manner as If he had
sirned it, unless the General Assembly, by ad-
iournmen prevent its return in which case IT shall
he a law unless sent back within three days alter
their next session.
ART "a. Every order, resolution vote. to
which the concurrence Of both houses may be ne-
cessarY, except qGestion OF adjournment, shall
be presented to the Governor, and before it shall take
effect, be approved by him, or being disapproved,
shall BIZ repassed by two-hrds OF the members cleo
ted 20 each house Of the General Assembly.
AIT IS 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
reqpret, lay the said register, aud all papers, min
| ntes and vouchers relative to his office, before
etner house OF the General Assembly, and shall
perform such other duties may be enjoiued 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 case Of any vacancies caused by
/
or Secretary OF State, the Governor shall order an
election 10 fiji SAID vacancy.
| ART. SIS, All commissions shall be in the name
and by the Authority Of che State of louisiana, and
shall be sealed with the State seal and signed by
| the Governor.
/ ART. 50. The free white 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 81 all pay equivalent for personal ser
vices.
ART. 60. The Militia of the State shall be or
gained in such may be hereafter deem
ed most expedient by the Legislature.
TITLE w.
JUDICIARY DEPARTMENT..
ART. 81. Tie Judiciary power shall be vested in a
Supreme Court, in such inferior courts the Legs.
lalure may, from time to time, order and establish,
and in Justices Of the Peace.
! ART. GO The Supreme Court, except in cases
hereinafter ovided, shall have appellate jurisdiction
only; whic: jurisdiction shall extend to all cases
when the matter in dispute shall exceed three hun
dred dollars; to all in which the constitn-
tionality legality of any tax toll, mpost what.
soever, OF any fine, forfeiture penalty imposed
bya municipal corporation. shall be in condensation
and to all criminal questions Of law alone,
whenever the offence charged is punishable with
death imprisonment at hard labor, or 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. g. The Supreme Court shall be composed
Of Que Chief Justice and four Associate Justices, a
majority OF whom shall constitute quorum. The
Chief Justice shall receive salary oil six thousand
dollars, and each Of the Associate Judges salary
five thousand FIVE hundred dollars, annually, until
otherwise provided by law. The Court shall appoint
a own Clerks; the Judges shall be elected for the
term Of ten years.
ART. Cd. 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 Distric, shall elect oil
the Associate Justices. The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct:
| FIRST DISTRICT
The Parishes Of Paqueinines, ST. Bernard, that
portion oil the Parish OF Orleans the right bank Of
the Mississippi river and that portion OF the City of
| NewOr!eans which es below the line extending
from the river Mississippi along the middle of Julia
street, until it strikes the Ne1wOreans Canal, and
| thence down said canal to the Lake.
| SECOND DISTRICT.
I That portion OF the City OF NewOreans which is
situated above the line extending along the middle
of julia street until it strikes the NewOrleans 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
tourcLe Interior, Terrebonne, Yves. Baton Rouge
| aud lbervi!ia.
THIRD DISTRICT.
The Parishes OF ST. Tammany, Washington
Livingston, St. Helena, East Baton Rouge, East
Friciana, West FeIicana Point Coupee, AvoyelIes
Ienaas, Concordia Lafayette, Fermll!ion, st. Mary
St. Martin and ST. Landry.
FOURTH DIsTRfer
The Parishes of CaIcasieu Rapdes, Sabine Nat.
citoches, DeSoto Caddo, Bossier Cl4borne, Bien-
vile, Caldwell, Union Ouachita, Morehouse, Jack
Vim.
ART. 65. The office of one of the Associate jug
tees shall be vacated at the expiration OF the second
her the pX0iratiDu of ii
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. HE Secretary OF State, on receiving the
official returns of the first election, shall proceed i'm
medihely, in the presence and with the assistance OF
Two Justices Of the Peace determine BY lot among
the Tour candidates having the highest number Of
votes their respective Districts, which of the AS
socate Justices elect shall serve for til. term of ;wo
years, which shall 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 unexped
term but If such remainder do not exceed year,
the vacancy shall be filed By Executive appoint
| ment.
| ART 6S The Supreme Court shall hold its ses-
sions in NewOrleans from the first Monday Of the
| mouth 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 erwls Use provided, the sessions shall be held
| heretofore.
Aar. SO. The Supreme Court and each of the
Judges thereof shall have power to issue wrts OF
h5Has cOrpHS at the Instance OF all persons in actual
u,tody under process in all cases in which they may
have appellate jurisdiction.
ART. 20 No judgment shall be rendered by the
Supreme Court without the Of majority
| OF the Judges comprising the court. Whenever a