New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-07

nal Of each house respectively. Ifany bill shall not
be returned by the Governor within ten days toun-
days exceptetD after it shall have been presented TO
him, it shall be a law in like manner as If he had
signed it, unless the General Assembly, by ad-
ournment, prevent its return; in which case it shall
be law unless sent back within three days alter
their next session.
ART. 81 Every order, resolution vote. to
which the concurrence of both houses may be ne
cessary, except question of adjournment, shall
be presented to the Governor, and before itsha take
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 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 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, MN
utes and vouchers relative to his Office, before
either house of the General Assembly, and shall
perform such other duties as may be enloned on
him by law.
ART Sc. There shall be q 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, designations or absence OF the treasurer
Secretary OF State, the Governor shall order al
election to fiji said vacancy.
ART. SO All commissions shall be in the name
and by the authority of the State of LOUISIANA, ane
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 tenet:
forbid them to carry arms, shall not be compelled
so to do, but sLa pay an equivalent for personal ser
vices.
ART. go. The Militia of the State shall be or
ganzed in such manner may be hereafter deem
ed most expedent by the Legislature.
TITLE ".
JUDICIARY DEPARTMENT..
ART 6l, The judiciary power shall be vested in q
Supreme Court il such inferior courts as the Legs
ature may, from time to time, order and establish
and in Justices OF the Peace.
ART GO. 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 constitu
tionay or legality of any tax, toll, impost what
soever, Of any fine, forfeiture penalty imposee
by municipal corporation, shall be in contestaton
and to all criminal cases on questions Of law alone
whenever the offence charged is punishable with
death Imprisonment at hard labor, when a fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the u
risdction Of the Supreme Court in civil cases tt
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 a salary of six Thousand
dollars and each of the Associate Judges salary o
five thousand five hundred dollars, annually, unit
otherwise provided by law. The Court shall appoin
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
she dyiJa he State I'M nistri
qualified electors of each District shall elect o
the Associate Justices. The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct:
FIRST DISTRICT.
The Parishes of Paquemnes st. Bernard, tina
portion of the Parish OF Orleans on the right bank
the Mississippi river and that portion of the City o
NewOrleans which lies below the line extending
from the river Mississippi along the middle of julia
street, until it strikes the NewOrleans Canal, anG
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
tourche Interior, Terrebonne, West Baton Rouge
and Ibervie.
THIRD DISTRICT.
The Parishes Of st. Tammany, Washington
Livingston, ST. Helena, East Baton Rouge Eas
Feliciana, West Feciana Point Coupee, Avoyelles
Tensas, Concordia, Lafayette, Vermillon, St. Mary
St. Martin and St. Landry.
FOURTH DISTRICT
The Parishes of Calcasieu, Rapdes Sabine, Nat
chitoches, DeSoto, Caddo Bossier, Claiborne, Ben
vile, Caldwell, Union, Ouachita, Morehouse, Jack
son, Franklin, Catahoula, Madison, Carroll ane
VIM.
ART. Is. The office of one of the Associate Jus
e Al,
year. of another at the expiration of the fourth yeaa
of third at the expiration of the sixth year, and oil
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 Sc. The Secretary OF State, on receiving the
official returns of the first election, shall proceed i'm
in the presence and with theassstance
two Justices of the Peace to determine by lot among
the four candidates having the highest number of
votes in their spectve Districts which of the As
sociate Justices elect shall for the of two
years, which shall serve 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. ST. Any vacancy that may occur in the SUI
preme Court from resignation or otherwise, shall be
filed 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. 6s. The Supreme Court shall hold its ses-
sions in NewOrleans from the first Monday Of the
month Of November to the end oil the month of june
inclusive. The Legislature shall have power 70 fix
the sessions elsewhere during the rest of the year ;
until otherwise provided, the sessions shall be held as
heretofore.
ART, SO. The Supreme Court and each of the
Judges thereof shall have power to issue writs o.!
abeas corpus, at the instance of all persons in actual
custody under process in all cases in which they may
have appellate jurisdiction.
ART. 10 No Judgment shall be rendered by the
Supreme Court without the concurrence of a majority
If The Judges comprising the court Whenever a
majority cannot agree, in consequence of the recusa
Judges not refused shall hive power to call upon any
Indg- Judges Of the inferior courts, whose duty it
She. be WHEN so cd upon, 20 sit in the place of
the Judges refused, and to aid in determining the
case.
ART. II. All Judges, by virtue of their office,
shall be eonservators OF the peace throughout the
State. The style OF all process shall be "Ihe State
OF Louisiana All prosecutions shall be carried
IN the name and by authority Of the State of Loni-
siana, and conclude against the peace and dignity
Of the same
ART. 70. The Judges Of all courts within this
State shall, as often as it may be possible so to do in
every dentive 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. 70. The Judges of all courts shall be liza
BILE to impeachment; but for any reasonable cause,
which shall not be sufficient ground for irnpeach-
nent, the Governor shall remove any of them on the
address of three fourths of the members present Of
each house of the General Assembly, In every
such case, the cause for which such re-
noval may be required shall be stated at length in
The address, and inserted in the Journal of each
house.
Ann ~ rTh,ra sb III \, m A ttorn.v General f,r