New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-20

and nays, and the names Of the members voting
for and against the bill, shall be entered on the jour
nal of each house respectively II any bill shall not
he returned by the Governor within ten days (Sun- |
DAYS exceptedl after it shall have been presented
him, it shall bea law in like manner as II he had
signed it. unless the General Assembly, by ad |
ournment prevent its return IN which case 1t shall
be law, unless sent back wlthlh three days after
their next session.
ART 5A Every order, resolution vote. to
which the concurrence of both houses may be me-
cessary, except question OF adjournment shall
be presented the Governor and before it shall take
effect be approved by him, or being disapproved,
shall be repassed by two-thids 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 be enjoined 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 or absence of the Treasurer
or Secretary oil State, the IoVeTHor shall oioS' u"
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. .,-u
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
so to do but shall pay equivalent for personal SER
vices.
Art. so. The Militia of the State shall be or
ganized in such manner as may be hereafter DEEM
ed most expedient by the Legislature.
TITLE ".
49,. JUDICIARY DEPARTMENT..
r ART. 81. The judiciary power shall be vested IN
Supreme Court in such inferior courts as the Legs
lature may, from time to time, order ana estaoish'
and in Justices OF the Peace, u Gid I'D.
# 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 hum
| dred dollars to all cases in which the constltu-
tonaity or legality of any tax, toll mpost what
soever or of any fine, forfeiture penalty imposed
by municipal corporation, shall be in condensation
and 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 lu
rsdiction of the Supreme Court in civil cases to
r questions OF law only
a ART 63. The Supreme Court shall be composed
of one Chief Justice and four Associate Justices,
o majority of whom shall constitute quorum. The
Chief Justice shall receive salary OF slx thousanc
dollars and each of the Associate Judges salary o
five thousand five hundred dollars, annually, unit
otherwise provided by law. The Court shall appoln
its own Clerks the Judges shall be elected for the
e term of ten years. ..u
o ART. Ga. The Chief Justice shall be elected by
A. the qualified electors of the State. The Legislature
II shall divide the State into four Districts, and The
| n L. - III shae ientO ne q
the Associate Justices The Stale shall be divided
Ii into the following Districts, until the Legislature
II shall otherwise direct:
); uI, FIRST DISTRICT.
d The Parishes Of Plaquemnes, St. Bernard tina
portion of the Parish OF Orleans the right bank
e the Mississippi river and that portion of the City
e NewOreans which lies below the line extending
l. from the river Mississippi along the middle OF Ju'
e street, until it strikes the NewOrleans Canal ant
= thence down said canal to the Lake.
s. SECOND DISTRICT
IF That portion of the City of NewOrleans which Il
o situated above the line extending along the midd,
of Julia until it strikes the NewOreans Canal
n aud thence down said Canal to the Lake. and thu
e Parishes of Jefferson, St. John the Baptist, st
e Charles, ST. James, Ascension. Assumption, La
n fourche Interior, Terrebonne, West Baton Rouge
/; and Iberville.
It THIRD DISTRICT.
;. The Parishes of St. Tammany, Washington
n Livingston, st. Helena East Baton Rouge, Eas
of Feciana, West Feliciana, Point Coupee Avoyees
Tensas, Concordiu Lafayette, Vermillion, St. Mary
re ST. Martin and ST. Landry.
ot FOURTH DISTRICT.
IN The Parishes of Calcaseu, Rapdes, Sabine, Ma
he chtocles DeSoo, Caddo, Bossier, Claiborne, Bier
vile, Caldwell Union, Ouacha, Morehouse, Jacl
re- son, Franklin, Catahoula Madison, Carroll an
~ Winn.
in ART. IS. The office of one of the Associate Jus
,v tees shall be vacated at the expiration of the secon
d. year, OF another at the expiration OF the fourth veal
ID of third at the expiration OF the sixth year, and
the fourth at the expiration of the eighth yeas
ne that one of the Judges of the Supreme Court shall
ne elected every second year.
ART 66. The Secretary of State, receiving til
d. official returns of the first election, shall proceed in
le mediaely in the presence and with the assistance
two Justices of the Peace, to determine by lot anon
" the four candidates having The highest number {
n votes in their respective Districts, which of the As
10 socate Justices elect shall for the OF tw
e. years, which shall for the term OF four years
ii. which for the term OF SIX years, and which tor tn
or term of eight years, and the Governor shall ssu
s. commissions accordingly.
al, ART, 81. Any vacancy that may occur in the ST
IL preme Court from resignation otherwise, shall
mt filled hy election for the remainder of the unexpre
" term but if such remainder do not exceed one yea
Ill the vacancy shall be filed by Executive appoin
he ment
ii. sions in NewOreans from the first Monday of tn
,g month OF November to the end OF the month of jun
on inclusive. The Legislature shall have power to ii
d. the sessions elsewhere during the rest of the year
until oherw Use provided the sessions shall be held
ir- heretofore.
ut ART CO. The Supreme Court and each of tt
er Judges thereof shall have power to issue writs
H. AaeaS corpS, the instance OF all persons in actu
he custody under process in all in which they
as have appellate jurisdiction.
ART. 70. No judgment shall be rendered by Il
e, Supreme Court without the concurrence OF major
r. of the Judges comprising the court. Whenever
he majority cannot agree, in consequence Of the recus
he ton of any member members OF the court, u
Judges REFUSED shall have power to call upon
mt Judge or Judges Of the inferior courts, whose duty
ID, shall be, when called upon, to sit in the place
n the Judges refused, and to aid in determining Il
nd case
In ART H. All Judges, by virtue of their ottc
he shall be conservaors of the peace throughout Il
in State. The style OF all process shall be The Sta
of Louisiana All prosecutions shall be carried {
re- in the name, and by authority of the State of Lou
all siana, and conclude against the peace and dign
he of the same.
ART. u. The Judges of all courts within tn
he State shall often it may be possible to do,
tia every detntive Judgment, refer 10 the particular la
he in virtue OF which such Judgment may be rendere
and in all cases adduce the reasons which the
he Judgment is founded
H. Arr 10. The Judges of all courts shall be Ii
u Bile to impeachment but for any reasonable caus
r. which shall not be sufficient ground for impeac
e- ment the Governor shall remove any OF them on t
of address of TIN fourths of the members present
w. each house of the General Assembly. In eve
ill such case, the cause causes Tor which such
OF movaI NAV be required shall be stated at length