New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-16

for and against the BILL shall be entered the jour
nal Of each house respectively II any bill shall no
be returned by the Governor within ten days (Sun
days exceped) after it shall have been presented
him, 1t shall be law in like manner as if he hat
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 atte
their next session.
ART. "a. Every order, resolution or vote. t,
which the concurrence Of both houses may be ne
cessary, except on question Of adjournment, shal
be presented to the Governor and before shall taxi
effect be approved by him, or being disapproved
shall be repassed by twothrds of the members cleo
ted to each house of the General Assembly.
ART. So. There shall be Secretary of State, VIII,
shall hold his office during the time for which tn,
Governor shall have been elected. The records o
the State shall be kept and preserved in the office
the Secretary he shall keep fair register of tn,
official acts and proceedings Of the Governor, ant
when necessary shall attest them. He shall, wher
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 or
him by law.
Arr. S. 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
the State And in case of any vacancies caused by
the death, resignation, absence of the Treasurer
election to fiji said vacancy.
ART. s.. AL commissions shall be in the name
and by the authority Of the State of Louisiana, ano
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; but those
who belong to religious societies whose tenets
forbid them to carry arms, shall not be compelled
so to do, but shall pay an equivalent for personal ser
vices
ART. 60. The Militia of the State shall be or.
gained in such manner as may be hereafter deem.
ed most expedient by the Legislature.
TITLE Nv. ~.
JUDICIARY DEPARTMENT.
ART. 81. The Judiciary power shall be vested in a
Supreme Court, in such inferior courts the Legs-
lature may, from time to time, order and establish
and in Justices OF the Peace.
ART. 81. 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 constitu-
tionaty or legality of any tax, toll impost what.
soever, or Of any fine, forfeiture penalty imposed
by municipal corporation, shall be in condensation
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 ju.
risdiction OF the Supreme Court in civil cases to
questions of law only.
ART. g. The Supreme Court shall be composed
Of one Chief Justice and four Associate Justices
majority OF when 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 shall appoint
its own Clerks the Judges shall be elected for the
term of ten years. ,s st3 Z.
ART. a. 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
into the following Districts, until the Legislature
shall otherwise direct:
FIRST DISTRICT.
The Parishes Of Plaquemines, ST. Bernard, that
portion of the Parish oil Orleans on the right bank Of
the Mississippi river, and that portion Of the City of
NewOrleans which lies below the line extending
street, until it strikes the NewOreans Canal, and
thence down said canal to the Lake.
SECOND DISTRICT. >,s.
That portion OF the City of NewOrleans which'is
situated above the line extending along the middle
of ulia 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
fourehe Interior, Terrebonne, West Baton Rouge
and Iberville.
THIRD DISTRICT
The Parishes of ST. Tammany, Washington
Livingston, st. Helena, East Baton Rouge. East
Feliciana, West Feliciana Point Coupe, AyovelIes.
Iensas, Concordia, Lafayette, Vermillion, ST. Mary
st. Martin and ST. Landry.
FOURTH DISTRICT.
The Parishes of Calcasieu, Rapides, Sabine, Nat
DeSoo, Caddo, Bossier, Claiborne Bien-
vile, CALDWELL Union, Ouachita, Morehouse, Jack
son, Franklin, Catahoula, Madison, Carroll and
Vim.
ART. 65 The office of one of the Associate JUS
tees shall be vacated at the expiration of the second
year. of another at the expiration of the fourth year.
# third at the expiration of the sixth year. and of
he fourth at the expiration Of the eighth year-so
hat one of:he Judges of the Supreme Court shall be
lected every second year.
ART. 90. The Secretary of State, on receiving the
ficia returns of the first election, shall proceed i'm
nedately, in the presence and with the assistance OF
wo Justices of the Peace, to determine BY lot among
he tour candidates having the highest number Of |
otes in their respective DISTRICTS which of the As
ociate Justices elect shall for the term of two
ears, which shall for the term of four years |
which for the term of six years. and which for the |
ERIN of eight years, and the Governor shall issue
accordingly.
ART. 81. Any vacancy that may occur in the Su.
RENE Court from resignation or otherwise shall be
lied by election for the remainder of the unexpired
ERIN but II such remainder do not exceed one year
he vacancy shall be filled by Executive appoint
nent.
ART. 49, The Supreme Court shall hold its ses.
ions in NewOrleans from the first Monday of the |
lonth OF November to the end of the month of June
,clusive The Legislature shall have power to fix
he sessions elsewhere during the rest Of the wear
ntll otherwise provided the sessions shall be held as
eretofore. 5000
ART. SO. The Supreme Court and each of the
Judges thereof shall have power to issue writs of
@oe9S cots, at the instance of all persons in actual
hstody under process in all cases in which they NAV
ave appellate jurisdiction.
ART. w. No Judgment shall be rendered by the
npreme Court without the concurrence of majority
the Judges comprising the court. Whenever a
Jority cannot agree, in consequence of the recusa
IN OF any member or members of the court, the
idges not recessed shall have power to call upon any
'dge or Judges OF the inferior courts whose duty It
all be, when so called upon to sit in the place of
Judges recused, and to aid in determining the
ART. H. All Judges by virtue of their office,
all be ,conservators of the peace throughout the
ate. The style of all process shall be I" The State
LOUISIANA" All prosecutions shall be carried on
the name, and by authority of the State of Loui-
ma, and conclude against the peace and dignity
the same.
ART. 70. The Judges of all courts within this r
ate shall as often as it may be possible so to d. in
cry oehnitve Judgment refer to the particular law
virtue OF Which such judgment may be rendered
d In all cases adduce the reasons IN which tboir
dgment is founded n
ART. 70. The Judges of all courts shall be liza. D
> TO impeachment; but for any reasonable cause | n
aich shall not be sufficient ground for impeach fc
ent, the Governor shall remove any of them on the
dress OF hree.fourths of the members present of q
,h house of the General Assembly. In every fo
eh case, the cause or causes for which such re- in
wal may be required shall be stated at length in S
} address, and inserted in the Journal Of each S,
use - t.,--... | ~
ART. "a. There shall be an Atorney-G for 81
State, and as many District ttorneys az NAV he NJ