New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-01

to that house. it shall be law pHt IN sucil eases
the vote OF both houses shall be determined by yeas
0 and nays and tho names OF the members voting
for and ainst the bill, shall be entered the jour
nal Of each house respectively. II any bill shat not
be returned by the Governor within ten days tSuU-
DAVIS pedl after ii shall have been presented
S him, it shall be- law in like manner as if he had
signed it, unless the General Assembly, by adj
journment, prevent its return in which it shall
] be law unless sent back within three days after
, their next session.
which the concurrence OF both houses may be ne
cessary, except question OF adjournment, shall
be presented to the Governor and before it shall take
effect, be approved by him, or being dsapproved.
shall be repussed by twothIrds of the members cleo
ted to each house Of the General Assembly.
ART 30 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 aud preserved in the office oil
the Secretary; he shall keep fair register OF the
official acts and proceedings of tile Governor ard
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 may be enjoined on
him by law.
ART. 55. 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
the death, resignation, absence of the Treasurer
or Secretary OF State, the Governor shall order an
election to fill said vacancy.
ART. So. 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. So The free white men of the State shall
be armed and disciplined for its defence; bnt those
who belong to religious societies whose tenets
forbid them to carry arms, shall not be compelled
SO to do, but SHALL pay equivalent for personal
vices.
ART. co. The Militia of the State shall be or
ganized in such may be hereafter deem
ed most expedient by the Legislature.
TITLE "
JUDICIARY DEPARTMENT..
ART. 81. The Judiciary power shall be vested in q
ISupreme Court in such inferior courts the Legis-
lature may, from time to time, order and establish,
and in Justices Of the Peace.
ART. 62. 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 hum
bred dollars; to all cases in which the consttu
uonaity or legality Of any tax, toll, impost what
soever, OF any fine, forfeiture or penalty imposed
bya municipal corporation, shall be in hesitation :;
aud to all criminal cases on 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 jul
rsdction OF the Supreme Court in civil cases to
questions OF law only.
ART. 3d. The Supreme Court shall be composed
OF one Chief Justice and four Associate Justices,
majority of whom shall constitute a quorum. The
Chief Justice shall receive salary OF six thousand
dollars, and each of the Associate Judges 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. Cd The Chief Justice shall be elected by
the qualified electors of the State. The Legislature
shalt 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 Plaqnemines, ST. Bernard that
portion of the Parish Of Orleans the right bank of
The Mississippi river, and that portion of the City of
New Orleans 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 Newt Orleans Canal
aud thence down said Canal the Lake. aud the
| Parishes OF Jefferson, St John the Baptist St
Charles, St james, Ascension, Assumption La
Iourche Interior, Terrebonne West Baton Rouge
| and lberville.
| THIRD DISTRICT.
The Parishes Of ST. Tammany Washington,
1
| Fecinna, West FeIicana, Point Coupee, Ayoyeiles,
| Tensas, Copcor,lia, Lafayette, Fermllion s.. Mary
ST. Martin and ST Landry.
| FOURTH DISTRICT.
The Parishes OF Caicase,l, Ra pides Sabine Nat
chi,ocles, DeSoo, Caddo, Bossier, Claiborne, Bieu-
vile, CALDWELL Union, Ouachta, Morehouse, Jack.
son, franklin, Catahoula Madison, Carroll and
Vim.
ART. IS. The office Of Of the Associate jas
tces shall be vacated the expiration OF the second
of another al the nj he year
OF third at the expiration OF the sixth year and OF
the fourth at the expiration Of the eighth y-arso
that Que 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, shalt proceed i'm
mediaely, in the presence and with the assistance OF
two Justices OF the Peace, to determine by lot among
the tour candidates having The highest number Of
votes in their respective Districts, which OF the A.
sociate Justices elect shall for the term oil TWO
years, which shall for the Of four years.
which tor 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-
presue Court from resignation or otherwise shall be
filled by election for the remainder OF the unexpGed
term but il such remainder do not exceed one year.
the vacancy shall be filled 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 rest of the year
Unit, otherwise provided the sessions shall be held as
heretofore.
AIT. SO. The Supreme Court and each of the |
Judges thereof shall have power to issue writs
Aaeas 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 i
majority cannot agree in consequence of the recusa-
ton OF any member members of the court, the |
Judges not recused shall have power to call upon any
Jdge or Judges OF the inferior courts whose duty
shah be- when called upon 70 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 conservators 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-
siaua, and conclude against the peace and dignity
OF the same.
ART r. The Judges of all courts within this
State shall, often it may be possible to do, in
every denitve judgment, refer to the particular law
in virtue OF which such judgment may be rendered. /
and in all cases adduce the reasons on which their
judgment is founded.
ART. 49, The Judges of all courts shall be liza,
bic to impeachment; but for any reasonable cause,
which shall not be sufficient ground for impeach-
ment, the Governor shall remove any of them on the
address Of .fourths of the members present of
each house OF the General Assembly. In every
such case. the cause or for which snch