New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-18

Tor and against the bli sfail DC Ise'e vi -
be returned by the Governor within ten days sSun-
DAYS excepted) after it shall have been presented 70
him, it shall be law in like manner as II ne nag
signed it unless the General Assembly, ey az,
tournament prevent its return in which case u shall
be 4 law unless sent back within three days after
ART. 81 Every order, resolution or votes to
which the concurrence Of both houses may Dc ne.
oessary except on question Of adjournment shall
n nssented to the Governor and before tshall take
| effect, be approved by him, or being dsappfoved
shall he repassed by twothrds Of the members elec
| ted 10. each house Of the General Assembly.
ART. S. There shall be Secretary Of state, VINO
shall hold his office during the time Tor winch the
Governor shall have been elected. The records o.
the State shall be kept and preserved IN the ONCE OF
the Secretary; he shall keep a TAR register OF 'ne
| official acts and proceedings OF the Governor ana
when necessary shall attest them ~ s.a,
required lay the said register and nil papers; MN
| utes and vouchers relative 70 his once, before
either house of the General Assembly, and shall
perform such other duties as may DO enJolned on
| him by law.
who shall hold his office during the term OF two
years. ,r
Of State shall 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 OF State the Governor shall order an
election to ill said vacancy.
i ART 49, All commissions shall be in the name
and by the authority of the State of louisiana, and
/ shall be sealed with the State seal anu signed oy
the Governor. -
/ ART So The free white men Of the State shall
be armed and disciplined for its defence; but those
1 who belong to religious societies whose tenets
forbid them to carry arms, shall not be compelled
50 to do but shall pay an equivalent for personal SER
4 vices.
ART. go. The Militia of the State shall be or
4 ganized in such manner may be hereafter deem
| ed most expedent by the Legislature
4 TITLE ~.
JUDICIARY DEPARTMENT..
| b ART. 81. TheJudicary power shall be vested IN
Supreme Court in such inferior courts as the Legls-
lature may, from time to time, order and establish,
and,in Justices Of the Peace.
!. ART. sc. The Supreme Court, except IN cases
hereinafter uroyided shall have appellate jurisdiction
only; which jurisdiction shall extend to all cases
when the natter in dispute shall exceed three hum
dred dollars; to all cases in which the constitu-
tionality or legality of any tax, toll impost what
soeyer, or Of any fine, forfeiture penalty imposed
by municipal corporation, shall be in contestation
and to all criminal cases on questions OF law alone
| whenever the offence charged is punishable with
4 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
risdiction Of the Supreme Court in civil cases to
| questions Of law only.
ART. So. The Supreme Court shall be composed
of one Chief Justice and four Associate Justices
4 majority oil Wlom snail constitute d quorum l. he
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 shallappoint
its own 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 one OF
the Associate Justices The State shall be divided
a.. In fI1rn
shall otherwise direct:
/ FIRST DISTRICT.
4 The Parishes of Paquemines, st. Bernard, that
portion Of the Parish Of Orleans the right bank OF
NewOreans which lies below the line extending
from the river Mississippi along the middle Of Julia
i street. until it strikes the NewOreans Canal, and
4 thence down said canal to the Lake.
4 SECOND DISTRICT.
That portion Of the City of Neworleans which is
4 situated above the line extending along the middle
of Julia 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
and Iberville.
| THIRD DISTRICT.
| The Parishes of ST. Tammany Washington
Livingston, st. Helena, East Baton Rouge, East
| Feiciana, West Feiiciana, Point Coupee, Avoyees
| Tensas, Concordia Lafayette Vermlon, ST. Mary,
| st. Martin and St. Landry.
| FOURTH DISTRICT.
4 The Parishes of Calcaseu, Rapides, Sabine, Nat
chitoches, DeSoio Caddo Bossier, Claiborne, Bien-
Vile, Caldwell, Union Ouachita, Morehouse, Jack
son, Franklin, Catahoula, Madison, Carroll and
/. Vim.
4 ART. 65 The office of one of the Associate JUS
tees shall be vacated at the expiration of the second
year. another at the expiration of the fourth year,
Of third at the expiration of the sixth year. and of
thefourth at the expiration of the eighth year-so
that of the Judges of the Supreme Court shall be
elected every second year.
ART. g. 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 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
sociate Justices elect shall for the of two
years. which shall serve for the term Of four years,
which for che term of six years, and which for the
term of eight years, and the Governor shall issue
commissions accordingly.
ART. ". Any vacancy that may occur In the SUI
preme Court from resignation or 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 filled by Executive appoint
| ment
ART g. The Supreme Court shall hold its ses-
sions 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
until otherwise provided, the sessions shall be held
1 heretofore.
ART. SO. The Supreme Court and each of the
Judges thereof shall have power to issue writs of
ha6eas corps 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 recessed shall have power call upon any
Judge Judges of the inferior courts whose duty it
shall be, when called upon to 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
in the name, and by authority of the State of Loui
siana, and conclude against the peace and dignity
| of the same.
ART. 70. The Judges of all courts within this
State shall often it may be possible to do in
every defnitve Judgment, refer to the particular law
in virtue of which such judgment may be rendered,
and in all adduce the reasons on which their
| Judgment is founded ..
Arr. 70. The Judges of all courts shall be liza
BILE to impeachment; but for any reasonable cause,
which shall not be sufficient ground for impeach-
ment the Governor shall remove of them on the
address Of ihree-ourths of the members present of
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 many District Attorneys may be
hereafter found necessary. They shall hold their