New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-19

and uays and the names OF the MEMOIRS Votliis
~ ~ .sol iaus. respectively. II any bill shall not
he retained hy the Governor within ten days (Sun-
DAYS exce,.ted alter it shall have been presented to
him i, shall be law in like manner as if he had
s;aned H. unless the General Assembly, by adj
iournmens prevent its return IN which case it shall
be law, unless sent pack Within three Gays atte1
their next session.
ART, 81. Every order, resolution or vote. to
which the concurrence Of both houses may be me-
cessary, except on a 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-tlirds of the members cleo
ted to each house of the General Assembly.
ART 55 There shall be Secretary Of State, who
shall hold his office during the time for which the
Governor shall have been elected. The records o.
the State shall be kept and preserved in the office oil
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 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 OIL
the State. And in case Of any vacancies caused by
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 shall pay equivalent for personal ser
vices.
ART. Co. The Militia of the State shall be or
gained in such manner may be hereafter deem
ed most exPedient by the Legislature.
TITLE ".
JUDICIARY DEPARTMENT.
ART. 81. The judiciary power shall be vested in a
Supreme Court in such inferior courts as the lIegis
lalure may, from time to time, order and establish
and in Justices Of the Peace.
ART. 49, 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 in which the constitu
tionality legality of any tax, toll, mpost what
soever, of any fine, forfeiture penalty imposed
by a municipal corporation, shall be in condensation
and to all criminal cases questions of law alone
whenever the offence charged is punishable with
death OF imprisonment at hard labor, when fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the u
risdiction of the Supreme Court in civil cases te
questions of law only.
ART. So. The Supreme Court shall be composed
Of one Chief Justice and four Associate Justlses
majority Of whem shall constitute quesum III.
Chief Justice shall Seesive salary Of nix tAeusaas
dollars, asa ssch at the Associate Judges Aslary
rye Thousand Aye hundred dslls.F, annually, uns!
sthsswlss atsvdea by Inv, Tho cssll shsll spseiE
!'s sws CLERKS shs Judges aAsll DO slasss lai hi
sstm 81 tsp sssf'' i, +,.,, =. ~ {. .,..... 1.
ahal alsias she STATS ihts four oisyis.s, asa TIL
qualified electors Of ess! District Ehsll slss. sae
the Associate iuutiesa. This Stats shall bs algidst
into the foowlhg Districts, until thu Legislature
shall otherwise direct:
FIRST bIsTh1cr
The Parishes of Plaquenlines, ST. Bernard, tina
portion Of the Parish OF Orleans on the right bank o
the Mississippi river, and that portion of the City o
New Orleans which lies below the line extending
from the river Mississippi along the middle of julia
street. until it strikes the NewOreans Canal, ant
| thence down said canal to the Lake.
SECOND DISTRICT.
That portion of the City of NewO rleans which is
situated above the line extending along the middle
Of ] ua street until it strikes the NewOrleans Canal
and thence down said Canal the Lake. and the
Parishes of Jefferson, St John the Baptist, st
Charles, st. James. Ascension, Assumption, La
fourche Interior, Terrebonne, West Baton Rouge
and IberviIe.
THIRD DISTRICT
The Parishes of st. Tammany, Washington
Livingston, St Helena East Baton Rouge, Eas
Feiiciana, West Feciana, Point Coupee, Avoyelles
Tensas, Concorda, Lafayette, Vermillion, St. Mary
| St. Martin and ST. Landry.
FOURTH DISTRICT.
| The Parishes OF Cacasieu, Rapides, Sabine, Nat
chitoches, DeSoto, Caddo, Bossier, Claiborne Ben
| vile, Caldwell, Union Ouachita, Morehouse, Jack
son, Franklin, Catahoula, Madison, Carroll ane
Vim.
ART S. The office of one of the Associate Jus
tees shall be vacated the expiration of the second
year. OF another at the expiration of the fourth year
of third at the expiration of the sixth year. and o.
the fourth at the expiration of the eighth year-so
that of the Judges of the Supreme Court shall be
elected every second year.
ART. &c. The Secretary of State, on receiving the
oicia returns of the first election, shall proceed i'm.
mediatey, in the presence and with the assistance
two Justices Of the Peace, to 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 G7. Any 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 ii such remainder do not exceed year
the vacancy shall be filed by Executive appoint
ment
ART. g. 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 as
heretofore
ART. SO. The Supreme Court and each of the
Judges thereof shall have power to issue wrts oil
t6eas Cor2S at the instance OF all persons in actual
custody under process in all cases in which they may
have appellate jurisdiction
ART. 20. No judgment shall be rendered by the
Supreme Court without the concurrence of majority
OF the Judges comprising the court. Whenever a
majority cannot agree, in consequence of the
ton of any member members of the court, the
Judges not refused shall have power call upon any
Judge or Judges of the inferior courts whose duty it
shall be, when called upon, to sit in the place OF
the Judges recused, and TO aid in determining the
case.
ART. H. All Judges, by virtue of their office,
State. The style of all process shall be "The State
OF Louisiana. All prosecutions shall be carried
in the name, and by authority of the State OF Lou-
slana, and conclude against the peace and dignity
of the same.
ART II. The Judges of all courts within this
State shall, often it may be possible SO to do in
every detntve dgment, refer 10 the particular law
in virtue OF which such judgment may be rendered
and in all cases adduce the which their
judgment is founded
ART. 49, The Judges OF all courts shall be LA.
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 the
address of three uurths OF the members present of
each house of the General Assembly In every
such case, the cause or causes for which such re-
mova may be required shall be stated at length in
the address and inserted in the journal of each