New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-11-01

him, It shall be law in like manner as if he had
signed it, unless the General Assembly, by adj
ionrnment, 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. ia
which the concurrence Of both houses may be ne.
cessary, except on question Of adjournment, shall
be presented to the Governor, and before shai take
effect, be approved by him, or being disapproyed
shall be repassed by otirds 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 a 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 as may be enjoned on
him by law.
ART. &c. 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 case Of any vacancies caused by
the death, resignation or absence Of the Treasurer
or Secretary of State, the Governor shall order
election to ill said vacancy.
ART. 3d. All commissions shall be in the name
and by the authority of the State of louisiana and
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 tenets
forbid them to carry arms, shall not be compelled
to do but shall pay equivalent for personal ser
vices.
ART. go. The Militia of the State shall be or
gained in such manner may be hereafter deem
ed most expedient by the Legislature.
TITLE w.
JUDICIARY DEPARTMENT.
ART. 61 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 hum
dred dollars; to all cases in which the consttu-
tionality 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 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 jul
risdiction Of the Supreme Court in civil cases to
questions of law only.
ART. &c. 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 shall appoint
its own Clerks; the Judges shall be elected for the
term of ten years.
ART. 81. 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 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 Julia
street, until it strikes the NewOreans 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 uia street until it strikes the NewOrleans Canal
and thence down said Canal to the Lake. and the
Charles, st. James, Ascension. Assumption, La
fourche Interior, Terrebonne, West Baton Rouge
and Iberville.
THIRD DISTRICT.
The Parishes of ST. Tammany, Washington
Livingston, st. Helena, East Baton Rouge. East
Felciana, West Felicana, Point Coupee, Avoyelles,
Tensas, Concordia, Lafayette, Vermilion, St. Mary,
st. Martin and St. Landry.
FOURTH DISTRICT.
The Parishes of Calcasieu, Rapides, Sabine, Nat
chitoches DeSoto, Caddo, Bosser Claiborne, Bien-
vile, Caldwell, Union, Ouachita, Morehouse Jack
VIM. ''N'' ''''N
ART. IS. The Office of one of the Associate JUS
ces shall be vacated at the expiration of the second
year, of another 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 one of the Judges of the Supreme Court shall be
elected every second year.
ART. 66. The Secretary of State, on receiving the
official returns Of the first election shall proceed inn
in the presence and with the assistance OF
two Justices of the Peace, determine by lot among
the four candidates having the highest number Of
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 for the
term of eight years, and the Governor shall issue
commissions accordingly.
ART 81. Amy 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 If such remainder do not exceed one year.
the vacancy shall be filed 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
heretofore
ART. SO. The Supreme Court and each of the
Judges thereof shall have power to issue wrts OF
eadeas copus at the instance of all persons in actual
custody under process in all cases in which they NAV
nave appellate jurisdiction.
ART. 70. No judgment shall be rendered by the
Supreme Court without the concurrence of majority
If the Judges comprising the court Whenever a
majority cannot agree in consequence of the recusa
ion 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 SO called upon to sit in the place of
he Judges Reused, and to aid in determining the
case.
ART II. All Judges by virtue of their office,
hall be conservators of the peace throughout the
State The style Of all process shall be "The State
If Louisiana" All prosecutions shall be carried on
n the name, and by authority of the State of Loui-
llama, and conclude against the peace and dignity
If the same.
ART. r. The Judges of all courts within this |
State SHALL often it may be possible to do, in
very dehnitye judgment, refer to the particular law
n virtue of which such judgment may be rendered,
md in all adduce the reasons on which their |
Judgment is founded.
ART. 70. The Judges Of all courts shall be liza
'le to impeachment; but for any reasonable cause,
which shall not be sufficient ground for impeach-
nent the Governor shall remove any of them on the
ddress OF three-fourths of the members present of
ach house of the General Assembly. In every
UGH case, the cause causes for which such re- |
noval may be required shall be stated at length in
he address, and inserted in the Journal Of each |
louse.
ART. IA. There shall be an Attorney General for |
he State, and as many District Attorneys as may be