New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-14

to that house, it shall be law but in such cases
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 entered on the Jour.
nal of each house respectively. II any bill shall not
| be returned by the Governor within ten DAYS {Sun-
days excepted after it shall have been presented to
him. it shall be law in like manner as if he had
| signed it, unless the General Assembly, by adj
jounment, prevent its return; in which case it sba
be a law, unless sent back within three DAYS after
their next session.
ART. Sd Every order, resolution or vote, to
which the concurrence of both houses NAV be me-
eessary except on question of adjournment, shall
be presented to the Governor and before shall 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 So There shall be a 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 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 as may be enioined 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. 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, or absence of the Treasurer
or Secretary OF State the Governor shall order an
election to fiji said vacancy.
ART. 90. 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 disci pinned for its defence; but those
who belong to religious societies whose tenets
forbid them to carry arms, shall not be compelled
so to do, but sal pay equivalent for personal SER
vices.
ART 80. The Militia of the State shall be or
gained in such manner as may be hereafter DEEM
ed most eXPedient by the Legislature.
TITLE w.
JUDICIARY DEPARTMENT..
ART. 81. The Judiciary power shall be vested in
Supreme Court, in such inferior courts as the Legs.
latnre may, from time to time, order and establish,
and in Justices OF the Peace.
ART. 62 The Supreme CoWt, 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.
dfed dollars; to all cases in which the consttu-
ohality or Legality of any tax, toll or mpost what.
soeVer, or OF any fine, forfeiture or penalty imposed
by municipal corporation, shall be in condensation
ana to all criminal cases 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 restrict the iu
rsdlcon of the Supreme Court in civil case, tn
questions of law only.
ART. 63. The Supreme Court shall be composed
OF one Chief Justice and fonr Associate Justices,
malofity of whom shall constitute quorum. The
Chief Justice shall receive salary Of six thousand
dollars and each of the Associate Judges salary of
live 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. Sd. 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 of
the Associate Justices. The Stale shall be divided |
into the following Districts, until the Legislature
shall otherwise direct:
FIRST DISTRICT.
he Parishes OF Plaquemines, St. Bernard that |
portion of the Parish oil Orleans on the right bank of
he Mississippi river, and that portion of the CITY of
Neworleans which lies below the line extending
rom the river Mississippi along the middle of Julia
treet, until 1t strikes the NewOrleans Canal, and
hence down said canal to the Lake
SECOND DISTRICT
That portion OF the City of NewOrleans which is
ltuated above the line extending along the middle
Juila street until it strikes the NewOreans Canal |
nd thence down said Canal to the Lake. and the
'arshes OF Jefferson, St John the Baptist, St {
hares, st. James, Ascension, Assumption, La
'urche Interior, Terrebonne, West Baton Roupe
nd lbervle.
THIRD DISTRICT.
The PARISHES OF st. Tammany, WASHINGTON
livingston, St Helena, East Baton Rouge, East
,ellclana, West Feiciana, Point Coupee, Avoyees,
'ensas, Concordia, Lafayette, Vermon, St. Marv'
It. Martin and St. Landry.
FOURTH DISTRICT.
The Parishes of Calcaseu, Rapides, Sabine. Nat
litoches DeSoto, Caddo, Bossier, Claiborne Bien-
lie, Caldwell, Union, Ouachita, Morehouse Jack
N, Franklin, Catahoula, Madison, Carroll and :,
ART. 65. The office of one of the Associate JUS .
es shall be vacated at the expiration of the second
ar, OF another at the expiration of the fourth yeas
third at the exp ration of the sixth year, and Of
: fourth at the expiration of the eighth year-so :,
at one OF the Judges of the Supreme Court shall be
eted every second year. d
ART &c. The Secretary of State, on receiving the Ii
lcal returns OF the first election, shall proceed i'm
,dateiy, in the presence and with the assistance OF
o justices Of the Peace to determine by lot among u.
tour candidates having the highest number Of ~ ~
tes in their respective Districts which Of The A. IL
clate Justices elect shall for the term of two
ars which shall serve for the term of four years :.
lch Tor the term OF six years, and which for the ~
m OF eight years, and the Governor shall issue ~ ~
accordingly. u
ART. 81. Any vacancy that NAV occur i, n. G, 81
eme Court from resignation or otherwise, shall he r
ed ny election tor the remainder of the unexpired "
III but 1t such remainder do not exceed one year
vacancy shall be filled by Executive appoint i ns
mt lis
ART. s. The Supreme Court shall hold its SEES. i,
ms IN Neworleans from the first Monday of the ~. w
nth OF November to the end of the month of June III
inslve The Legislature shall have power to fix :
sessions elsewhere during the rest Of the wear 81:
III otherwise provided, the sessions shall be held as nc
etoiore. sh
Art. 50. The Supreme Court and each If tho Sc
'ses thereof shall have power to issue writs OF S,
eaS corpus, at the instance of all persons in aetna NV
tody under process in all cases in which they NAV p
= appellate Jurisdiction. =
'RT' ~ No Judgment shall be rendered hy the GIG
'reme Court without the concurrence of majority Pre-
he Judges comprising the court. Whenever al.
orty cannot agree, in consequence of the recusa-
OF any member or members of the court, the ~.
Ses not recused shall have power to call upon any
Se or Judges OF the inferior courts whose duty i ''o
u be when so called upon, TO sit in the place N
Judges recused, and to aid in determining the PAL
=. " nor
Rr II. All Judges, by virtue of their office pull
! be conservato1s OF the peace throughout the vlo
'e' l he style of all process shall be 1.-THE State
LOUISIANA All prosecutions shall be carried on ma
ne name, and by authority OF the State of Loui- on
a, and conclude against the peace and d,gnit, libe
ne same. a'
Rr. p The Judges of all courts within this rem
e shall, often it may be possible 90 II, do l.; wit
y deinitve Judgment refer to the particular ,, Of Il
rtue OF which such judgment may be rendered A
IN all cases adduce the reasons on which their stoc
ment is founded. the
Rr. 70. The Judges of all courts shall be liza. pan
% impeachment; but for any reasonable cause, nor
IN shall not be sufficient ground for impeach- to!ie
l. the Governor shall remove any of them on the A