New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-21

nal of each house respectively. any p'' shai NOV
hs ,eturned by the Governor within ten days (Sun-
Jsvs excsned) after it shall have been presented to
s;s, II shall he a law in like manner as if he had
stoned it. unless the General Assembly, by adj
;onrnment prevent lis return in which case it shall
hs law unless sent back within three days after
their next session.
ART 81 Every order, resolution vote. to
which the concurrence of both houses may be
cessary, except on question OF adjournment, shall
be presented to the Governor, and before tsha take
effect, be approved by him, or being disapproved,
shall be repassed by two-thirds OF the members cleo
ted to each house of the General Assembly.
ART. 55. 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, min
utes and vouchers relative to his office, before
either house of the General Assembly, and shall
perform such other duties may be enjoined on
him by law
ART So There shall be Treasurer of the State
who shall hold his office during the term of two
years.
ART. ST. 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
the death, resignation, absence of the Treasurer
Secretary of State, the Governor shall order an
election to fill said vacancy.
ART IS. 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 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 net be compelled
to do, but shall pay equivalent for personal ser
vices.
ART. 60. The Militia of the State shall be or
ganized in such manner as may be hereafter deem
| ed most expedient by the Legislature
TITLE Nv.
| 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 to all cases
when the matter in dispute shall exceed three hun.
dred dollars; to all in which the constiu-
tonay or legality of any tax, toll, impost what.
soever Of any fine, forfeiture or 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 line
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the jul
risdicton of the Supreme Court in civil cases to
| 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 quorum. The
Chief Justice shall receive salary OF six thousand
dollars and each of the Associate Judges salary oil
five 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. 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 Plaquemines, St. Bernard, that
portion of the Parish OF Orleans the rig hit 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 NewOrleans 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 the Lake. and the
| Parishes of Jefferson, St. John the Baptist, st.
Charles, st. James, Ascension, Assumption, La
fourche Interior, Terrebonne, West Baton Rouge
and lberville.
THIRD DISTRICT.
The Parishes of st. Tammany, Washington
Livingston, st. Helena, East Baton Rouge, Eas
L
Tensas, Concordia Lafayette, Vermlllion, St. Mary
St. Martin and St. Landry.
FOURTH DISTRICT.
The Parishes of Calcasieu, Rapides, Sabine, Nat
cbtoches, DeSoto Caddo, Bossier, Claiborne, Bien-
Vile, Caldwell, Union Ouachita, Morehouse, Jack
son, Franklin, Caahoula, Madison, Carroll and
| Vim.
| ART. 65. The office of of the Associate JUS
tees shall be vacated 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 expiration of the eighth year-so
that the Judges of the Supreme Court shall be
elected every second year.
ART. &c. The Secretary OF State, on receiving the
official of the first election shall proceed i'm
mediatey in the presence and with the assistance oil
two Justices OF the Peace, to determine by lot among
the four candidates having tse highest number oil
votes in their respective Dis<ios, which of the AS
sociate Justices elect shall for the term OF two
years, which shall 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 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 it such remainder do not exceed one year
the vacancy shall be filled by Executive appoint,
| ment
ART. 6s. The Supreme Court shall hold its ses-
sons 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. 60 The Supreme Court and each of the
| Judges thereof shall have power to issue writs Of
habeds c0r7tS, at the instance OF all persons in actual
custody under process in all cases in which they may
have appellate jurisdiction.
ART. 70. No judgment shall be rendered by the
| Supreme Court without the concurrence of majority
of the Judges comprising the court. Whenever a
ton of any member or members Of the court, the
Judges not recused shall have power to call upon any
Judge Judges of the inferior courts, whose duty il
shall be, when called upon, sit in the place oil
the Judges Reused, and to aid in determining the
case.
ART. II. All Judges, by virtue of their office
shall be conservators of the peace throughout the
State. The style of all process shall be "fhe State
of Louisiana" All prosecutions shall be carried on
in the name, and by authority of the State of Loui.
siana, and conclude against the peace and dignity
of the same.
ART. To- The Judges of all courts within this
State shall as often as it may be possible so to d. in
every denitve judgment, refer to the particular law
in virtue Of which such judgment may be rendered
| and in all cases adduce the which theil
/ judgment is founded.
ART. 10. The Judges of all courts shall be liza
| bic to impeachment, but for any reasonable cause
which shall not be sufficient ground for impeach
ment the Governor shall remove any of them on the
address of three fourths of the members present
each house of the General Assembly In every
| such case the cause or causes for which such re
moval may be required shall be stated at length IL
the address, and inserted in the Journal OF eacl
| house,
| mn. Il,