New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-08


to that house, it shall be law; but in such case.
the vote of both houses shall be determined by yeas
and NAYS, and the names OF the members voting
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 exoeped) after it shall have been presented tt
; him, it shall bea law in like manner as if he hat
signed it, unless the General Assembly by ad
ournment, prevent its return; in which it shall
be law unless sent back within three days ate
their next session.
ART. 81 Every order, resolution or vote, t,
which the concurrence OF both houses NAV be ne
cessary, except question of adjournment, shal
BE- presented to the Governor, and before shall taxi
effect, be approved by him, being disapproved
shall be repassed by two-thirds of the members cleo
ted to each house of the General Assembly.
/ ART. SIS, There shall be Secretary of State VIII,
shall hold his office during the time for which thu
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 thu
official acts and proceedings of the Governor, an,
when necessary shall attest them He shall, whel
required, lay the said register, and all papers, min
| utes and vouchers relative to his office, befor
either house of the General Assembly, and shall
perform such other duties may be enjoned OF
| him by law.
ART. So. There shall be Treasurer of the Stat
who shall hold his office during the term of tw,
years.
ART. 81. The Secretary Of State and Treasure
OF State, shall be elected by the qualified electors
the State And in Of any vacancies caused b,
the death, resignation, absence of the Treasure
or Secretary OF State, the Governor shall order al
election to fiji said vacancy.
| ART. So. All commissions shall be in the nam
and by the arthorty of the State of louisiana, AM
shall be sealed with the State seal and signed b,
the Governor.
ART. SO. The free white men of the State shall
be armed and disciplined for its defence but thos
who belong to religious societies whose tenet
forbid them to carry arms shall not be compelled
so to do, but 81 all pay equivalent for personal
vices.
ART. CO. The Militia of the State shall be or
ganized in such manner may be hereafter deem
ed most expsdient by the Legislature
4 TITLE W.
JUDICIARY DEPARTMENT.
ART. g. The Judiciary power shall be vested in
Supreme Court, in such inferior courts the Legis
ature may, from time to time, order and establish
and in Justices Of the Peace.
ART. 62 The Supreme Court, except in cases
hereinafter rovded, shall have appellate jurisdiction
only; which jurisdiction shall extend to all cases
when the matter in dispute shall exceed three hun
| bred dollars; to all in which the constitu
tiona'ity or Legality of any tax toll impost what
soever, or of any fine, forfeiture or 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 ju
rlsdiction of the Supreme Court in civil cases tic
questions OF law only.
| ART. 63. The Supreme Court shall be composed
| OF one Chief Justice and four Associate Justices, a
| majority OF whom shall constitute a quorum. The
Chlet Justice shall receive salary OF six thousand
dollars and each of the Associa Judges salary oil
| hve 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. "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 oil
the Associate Justices. The State shall be divided
into the following Districts, until the Legislature
| shall otherwise direct:
FIRST DISTRICT.
The Parishes OF Paquemines, ST. Bernard, that
portion of the Parish OF Orleans on the right bank of
the Mississippi river and that portion of the CITY of
NewOfleans 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 NewOrleans Canal
and thence down said Canal to the Lake. and the
Parishes of Jefferson, St. John the Baptist, St.
Charles, st. James, Ascension Assump on, La
tourche Interior, Terrebonne, West Baton Rouge
and lberville.
THIRD DISTRICT.
The Parishes of St. Tammany, Washington.
Livingston st. Helena, East Baton Rouge, East
Feliciana, West Feliciana, Point Coupee Avoyees
Iensas, Concordia, Lafayette, Vermlllion, ST. Mary
ST. Martin and ST. Landry.
FOURTH DISTRICT.
The ssrishes Of Calcasieu, Rapides, Sabine. Nat
chitocles, DeSoto, Caddo, Bossier, Claiborne, Ben
vile, Caldwell, Union, ouachta, Morehouse, Jack
son, Fsanklin, Catahoula, Madison, Carroll and
ART. IS. 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 yesu
ct third at the expiration of the sixth year. and Of
the fourth at the expiration Of the eighth year-so
that one OF he Judges Of the Supreme Court shall be
elected every second wear
ART Sc. The Secretary of State, on receiving the
official returns oil the first election, shall proceed inn
medately 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 term of two
years, which shall for the term of four years
which tor the term OF six years, and which for the
term ot eight years. and the Governor shall issue
commissions accordingly.
ART. 81. Any vacancy that may occur in the Su-
oreme Court from resignation otherwise shall be
l'ea ny election Tor the remainder OF the unexpired
erm out ii such remainder do not exceed one year
he vacancy shall be filed by Executive appoint.
nent
ART. 69 The Supreme Court shall hold its ses-
mons In NewOtleans from the first Monday of the |
month OF November to the end of the month OF June
ncInslve. The Legislature shall have power to fix
ne sessions elsewhere durlng the rest OF the year
mil otherwise provided the sessions shall be held as
heretofore.
AET. SO. The Supreme Court and each of the
pdges thereof shall have power to issue writs OF
absas corpms at the instance of all persons in actual
ustudy uuder process in all cases in which thew NAV
ave appellate Jurisdiction.
ART. 70, No Judgment shall be rendered by the
nprene Court without the concurrence of a majority
the Judges comprising the court. Whenever a
Majority cannot agree in consequence of the recusa-
on of any member members Of the court, the
ndges not Reused shall have power to call upon any
Judge or Judges of the inferior courts whose duty It
ieIi be, when so called upon; 20 sit in the place of
lie Judges Reused and to aid in determining the
use.
ART. Il. All Judges, by virtue of their office.
ial be conservators OF the peace throughout the
tate The style OF all process shall be "The State
Louisiana All prosecutions shall be carried on
the name, and by authority of the State of Loui-
ana, and conclude against The peace and dignity
the same
ART 70. The Judges of all courts within this I
tate shall, often as it may be possible so to d. in
cry detnttve judgment, refer to the particular law
virtue of which such judgment may be rendered,
lsment is founded
TO impeachme but for any reasonable cause
emit, the Governor sha Il remove any of them on the
nE ,,f &c