New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-28


to that house, it shall be law but in such
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 tered the Jour
nal of each house respectively Ii any bill shall rot
be returned by the Governor within ten days (Sun-
days excepted after it shall have been presented
, him il shall be 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 after
their next session.
ART. 81. Every order, resolution or vote, to
which the concurrence of both houses may be ne
eessary, except on question of adjournment, shall
be presented to the Governor and before shall 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 50. 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
the Secretary; he slal! keep fair register of the
official acts and proceedings of the Governor, and
when necessary shah attest them. He shall, when
required lay the said register, and all papers, min
ues and vouchers relative to his office before
either house of thu General Assembly, and shall
perform such other duties may be enjoined on
| him by law.
ART. Sc. 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
VI oLdtc, sha De eecteu by the 9uullted electors OF
| the State. And in case of any vacancies caused by
the death, resignation absence OF the Treasurer
or Secretary of State, the Governor shall order an
| election to fill said vacancy
| ART. oS. 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 disc pinned for its defence; but those
who belong to religious societies whose tenets
ltnrbi ~,
so to do, but sa ray equivalent for personal
| vices.
| ART. 60. The Militia of the State she'll be or
gained in such manner may be hereafter deem
ed most expedent by the Legislature.
| TITLE ~.
| JUDICIARY DEPARTMENT..
ART. 81. The Judiciary power shall be vested in
Supreme Court, in such inferior the Legs.
laure may, from time to time, order and establish,
| and in Justices of the Peace.
| ART g. The Supreme Court eXcent in eases
hereinafter provided, shall have appellate jurisdiction
only; which Jurisdiction shall extend 10 all cases
when the matter in dispute shall exceed three hum
| dred dollars; to all cases in which the constitu-
tonaity or Legality of any tax, toll, inlpos what
soever or OF any fine, forfeiture penalty imposed
by municipal corporation, shall be in condensation
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 ju-
rIsdction 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 whom 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 shaappoint
| its Clerks tile 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 one oil
the Associate Justices The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct
HIRsr DISTRICT.
The Parishes OF PIaquemines, St. Bernard that
portion of the Parish OF 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 j a
street. until it strikes the New Orleans Canal, and
thence down said canal to the Lake.
SECOND DISTRICT.
That portion of the City of NewOreans which is
situated above the line extending along the middle
Of Julia unit it strikes the New Orleans Canal
AND thence down said Canal to the Lake and the |
Parishes Of Jeletson, St John the Baptist St.
Caarles, St James, Ascension. Assumptions La
onrche Interior, Terrebonne, West Baton Rouge
and 1bervil!e.
THIRD DISTRICT.
The Parishes OF st. Tanmany, Washington,
Livingston, ST. Helena, East Baton Rouge, East
teiiciana, West Feiciana, Point Coupee Avoyelles,
Iensas, Concorda, Lafayette, Nermlllion ST. Mary
st. Martin and ST Landry.
FOURTH DISTRICT.
The Parishes Of Calcasieu, pides Sabine Nat
chitoches DeSoto, Caddo, Bossier, Claiborne Bien
vile, Caldwell, Union, Ouachta, Morehouse, Jack
son, Franklin, Catahoula Madison, Carroll and
VIM.
ART. 60. The office of one of the Associate Jus
tees Shall be vacated at the expiration of the second
year, OF another atthe expiration of the fourth wear.
of third at the expiration of the sixth yeaf and Of
the fourth at the expiration OF the eighth year-so
that one of the Judges OF the Supreme Court shall be
elected every second year.
ART. g. The Secretary Of State, on receiving the
official returns OF be first election, shall proceed i'm
mediately 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
sociae Justices eject shall serve for the term 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. g. Any vacancy that may occur in the SUI
prerne Court from resignation or otherwise shall be
flied by election for the remainder OF the unexpired
term burt if such remainder do not exceed one year
the vacancy Shall be filled by Executive appoint
nent.
ARTS GS. The Supreme Court shall hold its ses-
'lons IN NewOrleans from the first Monday of the
month Of 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;
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 wrts OF
sabeaS corpus, at the instance OF all persons in actual
custody under process in all cases in which they may
lave appellate jurisdiction.
ART, 10 N Judgment shall be rendered by the
supreme Court without the concurrence of majority
i the Judges comprising the court. Whenever
majority cannot agree in consequence of the recusa-
ion Of any member or members of the court, the
Judges not recuseu shall have power to call upon any
Judge or Judges d the inferior courts, whose duty
nal be, when 50 called upon 20 sit in the place of
he Judges recnsed, and to aid IN determining the
ase.
ART. II. All Judges, by virtue of their office,
hal 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 Lou-
lana, and conclude against the peace and dignity
f the same.
ART -. The Judges of all courts within this I
tate shall, often il may be possible so to do in
very deinive Judgment, refer to the particular law
virtue OF which such judgment may be rendered,
nd in all ldduce the reasons on which their
alignment is.tounded.
ART. 49, The Judges of all courts shall be La T
lie to impeachment; but for any reasonable cause, !
'hich shall not be sufficient ground for lmPeach /
lent, the Governor shall remove any Of them the
idress Of threefourths of the members present of