New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-06

the vote of both houses shall be determined by yeas
and NAYS and the names oil the members voting
for and against the BILL shall be entered the jour
nal of each house respectively. any bill shall not
be returned by the Governor within ten days (Sun
DAYS excerte) after it shall have been presented
| HIM it shall be law in like manner as if he had
| signed it, unless the General Assembly, by ad-
iounmen, prevent its return in which it shall
be law, unless back within three days after
their next session.
ART Sd. Every order, resolution or vote. to
which the concurrence OF both houses may be me-
cessary, except question of adjournment, shall
be presented to the Governor and before tshal take
effect, be approved by him, or being disapproved,
shall be repassed by two-thirds of the members cleo
ted 10 each house of the General Assembly.
ART. % 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 Governors 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 enjoined on
| him by law.
| ART. S. 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 oil
| the State. And in Of any vacancies caused by
the death, resignation, or absence of the Treasurer
or Secretary OF State the Governor shall order an
election to fill said vacancy.
ART So. 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 sha
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
so to do but sLa pay equivalent for personal ser
vices
ART. co. The Militia of the State shall be or
ganzed in such may be hereafter deem
ed most expedient by the Legislature.
TITLE ".
JUDICIARY DEPARTMENT..
ART. 81. The Judiciary power shall be vested in q
Supreme Court, in such inferior courts the Legis
lature may, from time to time, order and establish
and in Justices of the Peace
ART. 62. 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 cases in which the constisu
tionaity legality Of any tax, toll impost what
soever or of any fine, forfeiture or penalty impose,
bya municipal corporation, shall be in condensation
and to all criminal cases questions of Ssw alone
whenever the offence charged is punishable Will
death Imprisonment at hard labor, or when fin,
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the iu
questions of law only.
ART 63. The Supreme Court shall be composed
of one Chief Justice and four Associate Justices,
majority OF whom shall constitute quorum. Ih
Chief Justice shall receive salary OF six thousani
dollars, and each of the Associate Judges salary o
five thousand five hundred dollars, annually, unit
otherwise provided by law The Court shallappoin
its own Clerks; the Judges shall be elected for TIL
term of ten years
ART g. The Chief Justice shall be elected b,
| 4 oIe If tbe no 1ari iatp
shall divide the State into four Districts and tn
qualified electors of each District shall elect one
the Associate Justices. The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct:
Il FIRST DISTRICT.
The Parishes of Plaquemines, St. Bernard, tina
portion Of the Parish Of Orleans the right bank @
the Mississippi river, and that portion Of the City o
NewOrleans which lies below the line extending
from the river Mississippi along the middle of Juh
street. until it strikes the NewOrleans Canal, ant
thence down said canal to the Lake.
| SECOND DISTRICT.
That portion of the City OF NewOreans which il
situated above the line extending along the midd,
of ua street until it strikes the NewO orleans Canal
and thence down said Canal to the Lake. and thu
Parishes OF Jefferson, St John the Baptist, ST
Charles St. James, Ascension, Assumption, La
fourcLe Interior, Terrebonne, West Baton Roug
and Iberve.
THIRD DISTRICT.
| The Parishes oil 81. TammanY, Washington
Livings ton, St Helena, East Baton Rouge, Eas
Feciana, West Feciana, Point Coupee, Avoyele.
Tensas, Concorda, Lafayette, Vermou, ST. Mary
ST. Martin and ST. Landry.
FOURTH DISTRICT.
1 The Parishes OF Cdlcasieu, Rapides, Sabine, Ma,
chitoches, DeSoo, Caddo, Bosser, Claiborne Bien
ville Caldwell, Union, Onachita Morehouse, ,lac;
son, Franklin, Catahoula, Madison Carroll an
Vim.
ART. IS. The office of one of the Associate Jus
tees shall be vacated at the expiration of the secon
year. of another at the expiration OF the fourth yea
of third at the expiration of the sixth year, and
the fourth at the expiration of the eighth year--s
that of the Judges of the Supreme Court shall b
elected every second year.
ART. g. The Secretary of State, on receiving til
official returns of the first election, shall proceed in
medately, in the presence and with the assistance
two Justices of the Peace, to determine by lot anon
the four candidates having the highest number
votes i'll their respective Districts, which OF the As
sociate Justices elect shall for the Term of
years, which shall for the term of four years
which for the term of six years, and which for tn
term of eight years, and the Governor shall issu
commissions accordingly.
ART. 81. Any vacancy that may occur in the Su
preme Court from resignation otherwise, shall b
filed by election for the remainder OF the uneXpire
term but if such remainder do not exceed one yea
| the vacancy shall be filled by Executive appoint
ment.
ART 6S. The Supreme Court shall hold its SEES
sions in NeWOrleans from the first Monday ct tn
month of November to the end OF the month OF june
inclusive. The Legislature shall have power to Fl
the sessions elsewhere during the rest of the year
until otherwise provided the sessions shall be held
| heretofore.
Art. &c. The Supreme Court and each of tn
Judges thereof shall have power to issue writs
ha6eas corpus, at the instance OF all persons in actu
custody under process in all in which they ma
| have appellate jurisdiction.
| ART. TO- No Judgment shall be rendered by III
Supreme Court without the concurrence of ma orlt
of the Judges comprising the court Whenever
majority cannot agree, in consequence OF the recus;
| ton of any member members OF the court, til
Judges not Reused shall have power call upon
| Judge Judges of the inferior courts whose duty
shall be- when called upon 20 sit in the place
| the Judges reused and to aid in determining til
case.
ART, II. All Judges, by virtue of their Office
| shall be conservators of the peace throughout tn
State The style of all process shall be "irhe Sta,
Of Louisiana" All prosecutions shall be carried o
in the name, and by authority of the State of Lou
siana, and conclude against the peace and dignit
| of the same.
| ART. ~. The Judges of all courts within thi
State SHALL as often it may be possible to do,
every detinitive Judgment refer to the particular la,
| in virtue of which such judgment may be rendered
| and in all cases adduce the reasons OH which the
| judgment is founded.
ART. 70. The Judges of all courts shall be liza
| BILE To impeachment; but for any reasonable cause
which shall not be sufficient ground for impeach
ment the Governor shall remove any of them on tn
address of three-fourths of the members present
each house OF the General Assembly. In ever
such case, the cause causes for which such re
moval may be required shall be stated at length i
the adj and inserted IN the Journal of Gao