New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-21


the vote Of both houses shall be determined ny yeas
and nays, and the names OF the meihoefs So''s
for and against the bill. shall be entered on he Jour
nal Of each house respectively. IL any ol'' shs ho'
DAYS excepted after it shall have been presented to
him, it shall be law in like manner as II ne haa
signed it, unless the General Assembly, by aa- |
ournment prevent its return; IN which case IL snai
be law, unless sent pacN Wi'th 'i'ee way o
their next session.
ART. "a. Every order, resolution or vote. to
which the concurrence Of both houses may be ne.
cessary, except on qaeston oil adjournment, snail
be presented to the Governor and before It shall take
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, who
shall hold his office during the time Tor 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 of the Governor, and
when necessary shall attest them He shall, when
required, lay the said register, and all papers, MN
utes and vouchers relative TO his ohce before
either house of the General Assembly, and shall
perform such other duties may be enjoned on
him by law.
ART. 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 OF
the State. And in Of any vacancies caused by
the death, resignation, or absence OF the treasurer
or Secretary OF State, the Governor shall order an
election to tiE said vacancy.
| ARr 81 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. 50. The free white men of the State shall
| be armed and disciplined for its deence but those
| who belong to religious societies whose tenets
| forbid them to carry arms, shall not be compelled
do but 81 all pay equivalent tor personal SER
| vices.
| ART. co. The Militia of the State shall be or
ganzed in such manner as may be hereafter DEEM
ed most expedient by the Legislature.
Il TITLE w.
JUDICIARY DEPARTMENT.
ART g. The Judiciary power shall be vested in a
Supreme Court, in such inferior courts as the Legs
a,ure NAV from time to time, order and establish,
, and in Justices Of the Peace.
II ART 60 The Supreme CoWt 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
bred dollars to all in which the constltu-
tonaty or legality of any tax, toll, or 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 u
risdiction of the Supreme Court in civil cases te
r questions OF law only.
ART. g. 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 thousant
dollars, and each of the Associate Judges salary o
five thousand five hundred dollars, annually, unit
otherwise provided by law. The Court shailappoln
its own Clerks the Judges shall be elected for TIT
term of ten years.
g ART, GA. The Chief Justice shall be elected by
o the qualified electors of the State. The Legislature
. shall divide the State into four Districts, and thu
qualified electors of each District shall elect 0
the Associate Justices. The State shall be dividet
/: into the following Districts, until the Legislature
! shall otherwise direct:
I FIRST DISTRICT.
!; The Parishes of Plaquemines, st. Bernard tina
portion Of the Parish OF Orleans the right bank Q
the Mississippi river and that portion of the City
: NewOrleans which lies below the line extending
? from the river Mississippi along the middle of Juli
street, until it strikes the NewOreans Canal, AM
? thence down said canal to the Lake.
: SECOND DISTRICT.
/. That portion of the City of NewOrleans which i
situated above the line extending along the middl
of Julia street until it strikes the NewOreans Cana
ard thence down said Canal TO the Lake. and tn
a Parishes OF Jefferson, St, John the Baptist, S
Charles, St, James, Ascension, Assumption, La
e tourche Interior, Terrebonne, West Baton Roug
u and lberville.
:; THIRD DISTRICT
st The Parishes Of St. Tammany, Washingte,
' Livingston, St. Helena, East Baton Rouge, Ea
N Feiciana, West Feliciana, Point Coupee, Avoyee
OF Tensas, Concordia Lafayette Vermllion, st. Mar
St. Martin and St. Landry.
,e FOURTH DISTINCT.
Ut The Parishes of CaIcasieu, Rapides, Sabine, Ma
N chtoches, DeSoto Caddo, Bossier, Claiborne, Bic
lie vile, Caldwell, Union Ouachita, Morehouse, Jac
son, Franklin, Catahoua, Madison, Carroll an
e VIM.
y ART. IS. The office of one of the Associate Ju.
tees shall be vacated at the expiration Of the secon
year, of another the expiration of the fourth yea
of third at the expiration Of the sixth year. and
the fourth at the expiration of the eighth years
that Of the Judges OF the Supreme Court shall
e elected every second year.
lie ART &C. The Secretary of State, on receiving Ii
official returns OF the first election shall proceed in
j. medately in the presence and with the assistance
lie two Justices of the Peace, to determine by lot amen
the four candidates having the highest number
W votes in their respective Districts, which of the
n socate Justices elect shall for the term of tw
he years. which shall for the term of four year
e. which for the term Of six years. and which for Il
81 term of eight years, and the Governor shall ISIS,
or commissions accordingly.
is ART. g. Any vacancy that may occur in the S
al | preme Court from resignation or otherwise shall
u filled hy election for the remainder of the unexp
Mt term but if such remainder do not exceed Yea
v. the vacancy shall be filed by Executive appoir
til ment.
he ART. 6S. The Supreme Court shall hold its Sc
sions in NewOrleans from the first Monday of Il
month oil November TO the enu OF the month Jun
10 inclusive. The Legislature shall have power to
IN the sessions elsewhere during the rest of the yea
d. until otherwise provided the sessions shall be held
heretofore.
r. ART. 60. The Supreme Court and each Of t
IL Judges thereof shall have power to issue wrts
sr beaS corpus at the instance of all persons in acu
A. custody under process in all cases in which they
lie have appellate jurisdiction.
is ART 10. No Judgment shall be rendered hy t
Supreme Court without the concurrence of MAORI
e. of the Judges comprising the court. Whenever
majority cannot agree, in consequence OF the
he ton of any member members of the court, t
,e Judges not refused shall have power to call upon
Judge Judges of the inferior courts, whose duty
ut shall be, when called upon 70 sit in the place
d. the Judges refused, and to aid in determining t
n case.
I'd ART. II. All Judges, by virtue of their ofiic
In shall be conservators of the peace throughout t
ie State The style of all process sh. be "The Sta
in of Louisiana" All prosecutions shall be carried
in the name, and by authority of tae State of Lov
e. siana, and conclude against the peace and d;gni
III of the same
,e ART To- The Judges of all counts within I'll
State SHALL as often it may be possible so to do
ne every deiintive Judgment, refer to the particular la
ia in virtue of which such Judgment may he rehdere
!. and in all cases adduce the reasons which The
judgment is founded.
,e ART 10. The Judges OF all courts shall be Il
H. BILE to impeachment; but for any reasonable eau'
a. which shall not be sufficient ground for imPeac
r. ment the Governor shall remove any If them on
e. address of lhtee-foufths Of the members present
of each house of the General Assembly III eve
" sueh case the cause or causes for which such