New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-16


, the tour candidates having the highest number o
votes in their respective Districts which Of the AS
socate Justices elect 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 ior the
term of eight years. and the Governor shall issue
commissions accordingly.
ART. 81. Any vacancy that may occur in the SUI
preme Court from resignation or otherwise, shall be
filled by election for the remainder OF the unexpired
term but if 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-
sions 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
heretofore.
ART. 60. The Supreme Court and each of the
Judges thereof shall have power to issue wfits OF
a6eas c0rts, at the instance OF all persons In actual
custody under process in all in which they may
have appellate jurisdiction. ~
ART. 10. No judgment shall be rendered by the
Supreme Court without the concurrence of ma ority
of the Judges comprising the court Whenever a
majority cannot agree, in consequence OF the recusa-
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 it
shall be- when callrd upon, to Sit in the place Of
the Judges recused, and to aid in determining the
case. f+
! 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 The 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. ". The Judges of all courts within this
State shall, often it may be possible SO to do in
every denitlve Judgment refer to the particular law
in virtue of which such Judgment may be rendered,
and in all cases adduce the which their
4 Judgment is founded. err '.
ART. 49, The Judges of all courts shall be La
Bile to impeachment; but tor any reasonable cause,
which shall not be sufficient ground for impeach-
nent the Governor shall remove any of them the
address of three.ourths of the members present OF
each house of the General Assembly In every
| such case, the cause causes for which such re.
moval may be required shall be stated at length in
the address, and inserted in the Journal of each
house.
ART. ID. There shall be an Attorney General for
the State and as many District Attorneys as may be
hereafter found necessary. They shall hold their
offices for four years; their duties shall be deter
mined by law. ,'t
ART. rs. The Judges both of the Supreme and
inferior Courts, shall, at stated times, receive a
salary, which shall not be diminished during theif
Continuance in office; ard they prohibited from
receiving any fees of office, other compensation
than their salaries, for any civil duties performed by
them.
ART. rs. The Legislature shall have power tc
vest in Clerks of Courts authority to grant such or
ders, and do such ecs as may be deemed necessary
for the fnrtherauce of the administration OF justice
and in all the powers thus granted shall be spe
CITED and determined.
ART.77 The Judges OF the several inferior courts
shall have power to remove the Clerks thereof for
breach of good behavior subject in all cases to an
appeal to the Supreme Court.
ART rs. The jurisdiction of Justices of the Peace
shall be limited in civil cases to cases where the mat
ter in dispute does not exceed hundred dollars
exclusive OF interest, subject to appeal in such
shall be provided for by law. They shall be elect.
ed by the qualified electors Of each Parish, District
or ard, for the term Of two years, in such manner
and shall have such criminal jurisdiction, as shall be
| provided for by law.
ART 70. Clerks Of the inferior Courts in this State
shall he electedfoF the of four years, and should
vacancy occut subsequent TO election, it shall be
filled by the Judge OF the court in which such vacan
cy exists and the person appointed shall hold his
r office untithe next general election.
ART. so. A Sheriff and Coroner shall be elected
in each Parish, by the qualified thereof, wht
shall hold their offices for the term of two years un
| less sooner removed. The Legislature shall hav
the power to increase the number Of Sheris in anv
, Parish Should vacancy occur in either of thes
offices subsequent to election, it shall be filled b,
the Governors and the person appointed shal
continue in office until his successor shall be elected
and qualified.
ART ST. The Judges OF the several inferior courts
shall be elected by the duly qualified voters OF the
, respective Districts or Parishes.
ART 81 1t shall be the dnty of the Legislature tc
f the time for holding elections for all Judges at
time, which shall be different from that fixed for all
other elections.
ART. So The Attorney General shall be elected
by the qualified voters OF the State and the Distric
Attorneys by the qualified voters of each District
on the day oil the election for Governor of the State
} ART. "a. The Legislature may determine the
mode OF filling vacancies in the offices of the inferior
Judges, Attorney General, District Attorneys anc
all other officers not otherwise provided for in this
Constitution.
r TITLEV.
| IMPEACHMENT.
ART. 50. The power of impeachment shall be YES
ted in the House OF Representatives.
ART. ST. Impeachment of the Governor Lieu
tenant Governor, Attorney General, Secretary o
State State Treasurer, and OF the Judges of the in
terror courts Justices OF the Peace excepted shal
be tried by the Senate and the Chiet Justice OF the
Supreme Court or the senior Judge thereof shall pre-
side during the trial of such impeacI ment i'm
peachments of the Judges OF the Supreme Court
shall be tried by the Senate. When sitting as .
Court OF Impeachment. the Senators shall be upon
oath or affirmation, and person shall be convicted
without the concurrence Of two-hirls of the Sena
tors present.
ART. 81. Judgments in cases of Impeachment
shall extend only to removal from office, and dis
qualification from holding any office OF honor trus
or profit under this State, but the convicted parties
shall, nevertheless, be subject to indictment, tria
and punishment according to law.
ART. 50. All officers against whom articles ,i i'm
peachment may be preferred, shall be suspended
from the exercise of their functions during the pen
dency OF such impeachment. The appointing power
may make provisional appointment to replace any
suspended officer until the decision of the mpeach
ment.
ART. SO. The Legislature shall provide by law io
the trial. punishment and removal from office of al
other officers OF the State, by indictment or other
wise.
TITLE VI
GENERAL PROVISIONS.
ART. 30. Members of the General Assembly, one
all oflcers before they enter upon the duties OF tle
! offices shall take the following oath or affirmation
, ~ "a ~ do solemny swear (or affirm) that
will support the Constitution of the United States
and OF this State, and that will faithfully and i'm
partially discharge and perform all the duties ncum
bent on me as -, according to the best of my abil
tiles and understanding agreeaby the Constitution
and laws OF the United States and of this State
7 and | do further solennly swear Tor atfirm) tina
since the adoption of the present Constitution |, be
ing citizen OF this State, have not fought duel witt
l deadly weapons within this State nor out of it, will
citizen OF this State, nor have | sent or accepted
challenge to fight duel with deadly weapons witt
citizen o this State, have acted as secon
IN carrying challenge, aided, advised or assste
7 any person thus offending, so help me God.''
y ART, 81. Treason against the State shall consis
only IN evylng war against it, or in adhering to it
: enemies, giving them aid and comfort No perso
shall be convicted of treason unless on the testimc
ny OF two witnesses the same overt act or his ow
confession in open court
ARr. 81 Every person shall be disqualified fror
holding office of nroht in This