New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-24

and NAYS, ana the names OF the members VotlnS
for and against the BILL shall be entered the jour
nal of each house respectively. tany bill shalt not
be returned by the Governor within ten days (Sun-
DAYS excepted after it shall have been presented to
him, it shall bea law in like manner if he had
signed it, unless the General Assembly, by ad-
iournment prevent its return; in which it shalt
be a 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 on question OF adjournment, Shall
be presented the Governor, and before it shall take
effect be approved by him, or being disapprovcd,
shall be repassed by two-thirls OF the members elec
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 oil the
official acts and proceedings oil 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 CT the General Assembly, and shall
perform such other duties as may be enjoined on
him by law.
ART. Sc. There shall be u 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 case OF any vacancies caused by
Secretary oil State, the Governor shall order an
election to fill said vacancy
ART. 5S. 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 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 sla pay equivalent for personal SER
vices.
ART. 60 The Militia of the State shall be Or
ganzed in such manner may be hereafter DEEM
ed most expedient by the Legislature.
TITLE ".
JUDICIARY DEPARTMENT..
ART. 81. The Judiciary power shall be vested in a
Supreme Court, in such inferior courts as the Legis
lature may, from time to time, order and establish,
and in Justices Of the Peace.
ART. g. The Supreme Court, except in cases
hereinafter provided shall have appellate jurisdiction
only; which jurisdiction shall extend all cases
when the matter in dispute shall exceed three hum
bred dollars; to all in which the consttu-
tionaity or legality of any tax, toll or impost what
soever or Of any fine, forfeiture penalty imposed
by municipal corporation, shall be in estaiion
and to all criminal 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 iu
rsdicon of the Supreme Court in civil to
questions oil law only.
ART. SO. 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 oil 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.
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 OF
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 oil Orleans on 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 New Orleans 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,
aud az thence down said Canal TO the Lake. and the
Parishes OF Jefferson, St John the Baptist St.
Charles, st. James, Ascension. Assumption, La
lourche Interior, Tefrebonne, West Baton Rouge
and Iberve.
THIRD DISTRICT.
The Parishes OF st. Tammany, Washington,
Livingston, St. Helena, East Baton Rouge, East
Leciana, West Feliciana, Point Coupee Avoye!Ies,
Tensas, Concorda, Lafayette Fermllllon, st. Mary,
st. Martin and ST. Landry.
FOURTH DISTRICT.
The Parishes of Cacasieu Rapdes, Sabine, Nat
chitoches, DeSoto, CadJo Bossier Claiborne, BEN
vile, Caldwell, Union, Ouachita, Morehouse, Jack
son, Franklin, Cataloua, Madison, Carroll and
Vim.
ART. G5. 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.
OF third at the expiration of the sixth year, and of
the fourth at the Xpiraton Of the eighth year-so
that one ofths Judges OF the Supreme Court shall be
elected every second wear.
ART Sc. The Secretary OF State, on receiving the
official returns of the first election shall proceed i'm
medately, IN the presence and with the assistance
two Justices of the Peace, to Determine by lot among
the four candidates having We highest number OF
votes in their respective Dis siss, which of the As
sociale Justices elect shall for the term of two
years, which shall for the term of four wears
which Tor the term OF six years, and which for the
term OF eight years, and the Governor shall issue
commissions accordingly.
ART 81. Any vacancy that may occur in the Su-
preme Court from resignation otherwise, shall be
filled by election for the remainder of the unexpired
term but if such remainder do exceed one year
the vacancy shall be filled by Executive appoint
ment.
ART. 6S The Supreme Court shall hold its SEES
sions in NewOreans from the first Monday of the
month oil 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
untilothcrwisc provided the sessions shall be held as
heretofore.
ART. 60. The Supreme Court and each of the
Judges thereof shall have power to issue wrts oil
lasas corpus, at the instance Of all persons in actual
custody under process in all cases in which they may
nave appellate jurisdiction
ART 20. No Judgment shall be rendered by the
supreme Court without the concurrence of majority
ii the Judges comprising the court. Whenever a
majority cannot agree, in consequence of the
lon OF any member members of the court, the
Judges not Reused shall have power to call upon any
Judge or Judges OF the inferior courts whose duty it
SHAH 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,
shal be eonservators of the peace throughout the
otate' The style OF all process shall be "The State
OF 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. p. The Judges of all courts within This
State shall often it may be possible so to do, in
every denitive judgment, refer the particular law
n virtue of Which such judgment may be rendered |
md in all adduce the reasons on which their
alignment is founded.
ART 10. The Judges of all courts shall be LA |
,lc to impeachment; but for any reasonable cause |
which shall not be sufficient ground for inpeach-
nent the Governor shall remove any of them on the
ddress of three.tourths of the members present Of
ach house of the General Assembly In every