New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-11

/ to that house, it shall be law Vu. III 81 49,
the vote Of both houses shall be determined by yeas
and NAYS and the names OF the members Young
for and AGAINST the BILL shall be entered on the jour
nal of each house respectively, IL any Dill she, no'
| he returned by the Governor within ten days loun-
vS excented) after shall have been presented to
L;n, II shall be law in like manner as if he had
stoned it, unless the General Assembly by ad-
iorpment prevent its return; in which case shall
he a law unless sent back within three days alter
| their next session.
which the concurrence OF both houses may be ne
cessary, except question OF adjournment, shall
be presented to the Governor and before it 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 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 i'll 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 as may be enJoined 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. 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, absence OF the Treasurer
or Secretary OF State, the Governor shall order an
election to fiji 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. So The fee 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 hut 81 all equivalent Tor personal
vices.
ART co. The Militia of the State shall be or.
ganized in such manner may be hereafter deem
ed most expedent by the Legislature
, TITLE ".
JUDICIARY DEPARTMENT..
r ART. 81. The Judiciary power shall be vested in
! Supreme Court in snch inferior courts as the Legis
lature may, from time to time, order and establish
g and in justices of the Peace.
i ART. 81. The Supreme Govt, 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
g bred dollars to all cases in which the constu
tionality legality OF any tax, toll impost what
soever, of any fine, forfeiture penalty imposed
by municipal corporation, shall be in condensation
and to all criminal cases on questions OF law alone
whenever the offence charged is punishable will
death or imprisonment at hard labor, or when fnt
+ exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the ju
rsdction of the Supreme Court in civil cases tt
questions of law only.
e ART. Co. The Supreme Court shall be compose,
Of Chief Justice and four Associate Justices,
e majority of whom shall constitute quorum. Tit
Chief Justice shall receive salary OF SIX Thousand
dollars, and each of the Associate Judges salary
| five thousand five hundred dollars, annually, unit
otherwise provided by law. The Court shallappoin
its own Clerks the Judges shall be elected for tn
| term OF ten years.
e ART ca The Chief Justice shall be elected b,
o the qualified electors of the State. The Legislator
l. shall divide the State into four Districts, and thu
qualified electors OF each District shall elect one Q
v the Associate Justices. The State shall be divided
i into the following Districts, until the Legisatur
u shall otherwise direct:
u FIRST DISTRICT
/ The Parishes of Plaguemines, st. Bernard tina
portion of the Parish OF Orleans the right bank
the Mississippi river, and that portion OF the City
{ NewOrIeans which lies below the line extending
from the river Mississippi along the middle of JuI
street, until it strikes the NewOreans Canal ant
thence down said canal to the Lake.
SECOND DISTRICT.
That portion OF the City of NewOrleans which il
, situated above the line extending along the middle
OF Julia street until it strikes the NewOrleanS Canal
and thence down said Canal TO the Lake. and tn,
, Parishes of Jefferson, St John the Baptist, st
, Charles, ST. James, Ascension, Assumption, La
tourche Interior, Terrebonne, West Baton Rouge
| and lberville.
> THIRD DISTRICT.
The Parishes of St. Tammany, Washington
Livingston, St. Helena, East Baton Rouge, Eas
4 Feiciana West Feliciana, Point Coupee, Avoyees
u Tensas, Concordia Lafayette, Vermlllon, St. Mary
St. Martin and St. Landry.
FOURTH DISTRICT.
>, The Parishes of Calcaseu, Rapides Sabine, Nat
chitoches, DeSoto, Caddo, Bossier, Claiborne, Bien
. vile, Caldwell, Union, Ouachta, Morehouse Jack
SON. Franklin, Catahoula, Madison, Carroll an,
e VIM.
y ART G5. The office of one of the Associate Jus
n shall be cd at tba If II
year. of another at the expiration of the fourth yeaI
OF third at the expiration of the sixth year, and
the fourth at the expiration Of the eighth years
that of The Judges oil the Supreme Court shall b.
elected every second year.
ART. g. The Secretary of State, on receiving TIN
official returns OF the first election shall proceed ira
mediately in the presence and with the assistance o
two justices of the Peace, to determine by lotamons
the four candidates having the highest number 0
: votes in their respective Districts, which of the As
years, which shall serve for the term of four years
= which for the term OF six years, and which for thu
i term Of eight years. and the Governor shall issu
If commissions accordingly.
! ART. Ct. Any vacancy that may in the Su
! preme Court from resignation otherwise, shah b
filled by election for the remainder OF the unexpre
term but if such remainder do not exceed one year
the vacancy shall be filled by Executive appoint
| ment
ART g. The Supreme Court shall hold its SEES
sions in NewOreans from the first Monday of tn
month OF November to the end OF the month of lune
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. SO. The Supreme Court and each of TIL
t Judges thereof shall have power to issue wrts O
hn6eaS c0rpns at the instance of all persons in acua
custody under process in all cases in which they ma
have appellate jurisdiction.
ART. 70. No Judgment shall be rendered by tn
Supreme Court without the concurrence of majority
of the Judges comprising the court, Whenever
majority cannot agree in consequence OF the
ton of any member members OF the court, thu
Judges not refused shall have power to call upon an,
Judge Judges of the inferior courts, whose duty
shall be, when called upon 20 sit in the place o
the Judges Reused and to aid in determining thu
case.
ART. Il. All Judges, by virtue of their office
sha! be conservatofs OF the peace throughout til.
State, The style Of all process shall be "Thc STATE
| ct Louisiana All prosecutions shall be carried OF
IN the name, and by authority OF the State of Loui
Slana and conclude against the peace and l,ignit,
1 OF the same.
e ART. y. The Judges of all courts within tht.
State shall often as it may be possible so to do If
every deinltve judgment, refer 10 the particular law
in virtue Of which such Judgment may be rendered
and in all cases adduce the reasons on which then
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
meat. the Governor shall remove any of them on thu
address of hee-tourths of the members present o
each house of the General Assembly. In ever,
such case, the cause or causes for which such re