New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-17

be returned by the Governor within ten days (Sun-
DAYS exceped) after it shall have been presented to
him. 1t shall be law in like manner as if he had
signed it, unless the General Assembly, by ad-
iournmen prevent its return; in which case it shall
be law. unless sent back within three DAYS after
their next session.
ART 81. Every order, resolution or vote. to
which the concurrence OF both houses may be ne
cessary, except question OF adjournment, shall
be presented to the Governor and before shall take
effect, be approved by him, or being disapproved,
shall be repassed by two-hrds of the members cleo
ted to each house of the General Assembly.
ART 90 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, absence of the Treasurer
or Secretary OF State, the Governor shall order
ART. S. 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 of the State shall
be armed and disciplined for its defence; but those
who belong to religious societies whose tenets
| forbid them to carry dtms shall not be compelled
to do, but sLa pay equivalent for personal
| vices.
ART. so. The Militia of the State shall be
| gained in such may be hereafter deem
ed most expedent by the Legislature
TITLE ".
| JUDICIARY DEPARTMENT..
ART. 81. The Judiciary power shall be vested in a
| Supreme Court in such inferior courts the Legis-
| lature may from time to time, order and establish,
and in Justices Of the Peace.
| ART. 90. 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 consttu-
tionality or legality of any tax, toll, impost what
! soever, Of any ine forfeiture or penalty imposed
| by municipal corporation shall be in cones taon
and to all criminal cases questions of law alone,
| whenever the offence charged is punishable with
| death or imprisonment at hard labor, when fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the u
| risdiction of the Supreme Court in civil cases to
| questions of law only.
| ART. 63. The Supreme Court shall be composed
| of one Chief Justice and four Associate Justices
majority Of whom shall constitute 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 shalappoint
its 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 of
the Associate Justices The State shall be divided
| into the following Districts, until the Legislature
| shall otherwise direct:
FIRST DISTRICT.
| The Parishes of Plaquemnes, ST. Bernard, that
portion of the Parish OF Orleans the right bank OF
the Mississippi river, and that portion of the City of
NewOrleans which lies below the line extending
from the river Mississippi 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 NewOreans 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
fourche Interior, Terrebonne, West Baton Rouge
and Iberville
THIRD DISTRICT.
The Parishes OF St. Tammany, Washington,
Livingston, St. Helena, East Baton Rouge, East
Felicana West FeIciana, Point Coupee, Avoyelles,
Tensas Concordia, Lafayette VermGon, St. Mary,
st. Martin and St. Landry.
FOURTH DISTRICT
| The Parishes of Calcasieu, Rapides, Sabine Nat
chtoches, DeSoto, Caddo, Bossier, Claiborne BEN
| ville Caldwell, Union, Ouachta, 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 the expiration of the fourth year,
of "A at he mir Of he six 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 66. The Secretary of State, on receiving the
official returns OF the first election, shall proceed n
medately, in the presence and with the assistance
two Justices of the Peace, to determine by lot among
the four candidates having the hg hest number Of
votes in their respective Districts, which of the As
sociae Justices elect shall serve for the term OF two
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. g. 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 il such remainder do not exceed year,
the vacancy shall be filled by Executive appoint
ment.
ART. IS. The Supreme Court shall hold its SEES
sions III 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
heretofore.
ART. 90. The Supreme Court and each Of the
Judges thereof shall have power to issue writs OF
habe9s corpus, at the instance of all persons in actual
custody under process in all cases in which they may
have appellate jurisdiction,
ART. TO- 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 members of the court, the
Judges not Reused shall have power to 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 recused, and to aid in determining the
case.
ART. II, All Judges by virtue of their office,
snail be conservators OF the peace throughout the
state The style of all process shall be "The State
oil Louisiana. All prosecutions shall be carried on
in the name and by authority of the State OF Lou-
SLana' and conclude against the peace and dignity
of the same
=, ART, u The Judges OF all courts within this
state Shal as often may be possible so to do in
every oehmtive 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. 10 The Judges OF all courts shall be La
BILE to impeachment; but for any reasonable cause
which shall not be sufficient ground for impeacb
inent, the Governor shall remove any of them on the
address oil three'tourths OF the members present of
each house of the General Assembly In every
such case, the cause causes for which such re-
moval 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