New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-12

for and against the bill, shall be entered on the jour
nal of each house respectively any bill shall no
be returned by the Governor within ten days (Sun
DAYS excepte after it shall have been presented
him. II shall be law in like manner as if he hat
signed it, unless the General Assembly, by ad
journment prevent its RETURN in which case it shall
| be law, unless sent back within three days ate
| their next session.
| ART 81. Every order resolution or vote, t.
which the concurrence of both houses may be ne
cessary, except on question OF adjournment, shal
be presented to the Governor and before shall taxi
effect, be approved by him, or being disapproved
shall be repassed by twothrds Of The members cleo
ted to each house of the General Assembly.
Art 90 There shall be Secret, ry Of State, VIII
shall hold his office during the time for which tn
Governor shall have been elected. The records q
the State shall be kept and preserved in the office
the Secretary; he shall keep fair register Of tn
official acts and proceedings of the Governor, ant
when necessary shall attest them. He shall, whei
required lay the said register and all papers, min
.utes and vouchers relative 10 his office, befor
either house of the General Assembly, and shall
perform such other duties as may be enjoined OF
him by law.
ART. So There shall be Treasurer of the Stat,
who shall hold his office during the term of two
years.
ART. 81. The Secretary Of State and Treasure
OF State, shall be elected by the qualified electors o
the State. And in of any vacancies caused BY
the death, resignation, absence of the Treasure
or Secretary OF State, the Governor shall order ar
ELECTION 10 HI SatG vacancy.
ART. %. All commissions shall be in the naint
and by the authority of the State of louisiana, ant
shall be sealed with the State seal and signed BIZ
the Governor.
ART. 81. 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
so to do, but shall pay equivalent for personal
vices.
ART. CO. The Militia Of the State shall be or
gained in such manner as 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 interior courts as the Legs
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 hun
dred dollars to all cases in which the constitu-
tionality or legality of any tax, toll or impost 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 u.
risdction of the Supreme Court in civil cases to
questions of law only.
ART. 49, 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 shallappoint
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 one of
the Associate Justices. The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct
FIRST DISTRICT.
The Parishes of Plaquemnes 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 NewOrleans Canal, and
thence down said canal to the Lake.
SECOND DISTRICT.
That portion of the City of NewOreans which is
situated above the line extending along the middle
and thence down said Canal TO the Lake. and the
Parishes of Jefferson, St John the Baptist, St
Charles ST. James, Ascension, Assumption, La
tourehe Interior, Terrebonne, West Baton Rouge
and iberville.
The Parishes Of St Tammany, Washington
Livingston, st. Helena, East Baton Rouge, East
EeIciana, West Feliciana, Point Coupee, Avoyelles,
Iensas, Concordia, Lafayette, Vermlllion st. Mary
st. Martin and St. Landry.
FOURTH DISTRICT,
The Parishes of Calcaseu, Rapides, Sabine Nat
DeSoto, Caddo, Bosser Claiborne, Bieu
vile, Caldwell, Union, Ouachita, Morehouse Jack
VIM
ART. g. 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
,f third at the expiration OF The sixth year. and OF
p11rf at ma. 50 Al,
hat one Of the Judges of the Supreme Court shall be
lected every second wear.
ART. &c. The Secretary Of State on receiving the
tlca returns of the first election shall proceed i'm
ledately IN the presence and with the assistance OF
wo Justices oil the Peace, to determine BY lot among
he four candidates having the highest number Of
otes in their respective Districts which of the As
oclate Justices elect shall serve for the term of Two
ears which shall serve for the term of four years
which Tor the term of six years, and which for the
ERIN OF eight years, and the Governor shall issue
commissions accordingly.
ART o. Any vacancy that may occur in the Su-
'reme Court from resignation or otherwise shall be
led by election for the remainder Of the unexpired
erm but If such remainder dc not exceed one year
he vacancy shall be filed by Executive appoint,
nent.
ART. 6S. The Supreme Court shall hold it's ses
ions in NewOreans from the first Monday of the
lonth OF November to the end of the month Of June
lcusive. The Legislature shall have power to fix |
lie sessions elsewhere during the rest of the wear
ntil otherwise provided the sessions shall be held as
eretofore.
ART. 90. The Supreme Court and each of the
nuges thereof shal! have power to issue writs OF
80e@S corpus, at the instance OF all persons in actual
lstody under process in all cases in which thew NAV
ave appellate jurisdiction.
ART. 70. No judgment shall be rendered bv the
nprene Court without the concurrence of majority
the Judges comprising the court. Whenever
Dorty cannot agree, i'll consequence of the recusa-
IN nj ,l,a | p,
dges not recessed sha have power to call upon any
dge or Judges OF the inferior courts whose duty it
all be, when called upon 20 sit in the place of
e Judges reused and to aid in determining the
Sc.
ART, II, All Judges, by virtue of their office,
al be Gonservators OF the peace throughout the |
ate. he style OF all process shall be ".rhe State
Louisiana" All prosecutions shall be carried on I
the name, and by authority of the State of Loui @
ana, and conclude against the peace and dignity i
the same.
ART Y. The Judges of all courts within this r.
ae sha'l as often as it may be possible so to do in
Wy uentt'e Judgment, refer TO the particular law o
virtue OF which such Judgment NAV be rendered
a IN all cases adducc the reasons on which their 81
dgment is founded. II
ART. 70. The Judges of all courts shall be liza d
to Impeachment; but for any reasonable canse, n
ilch shall not be sufficient ground for imneacI 70
mt, the Governor shall remove any of them on the
lteSs OF thee-toutths Of the members present of q
n house OF the General Assembly. In every 70
III case the cause or causes for which such re. in
val may be required shall be stated at length in S
address, and inserted in the journal of each $,
Use. m
ART. "a. There shall be an Attorney General for 81
State, and as many District Attorneys as may be p
md, hall L. II Ia1