New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-14

DAYS exceptedl after it shall have been presented to
him, 1t shall be a law in like manner as IL ne haa
signed it, unless the General Assembly, by ad.
iournment prevent its return IN whlch case l. stan
be law, unless sent pack within 'i''ee ""5' "e
their next session.
which The concurrence of both houses may be ne
cessary, except on question oil adlourhHhen siial
be presented to the Governor, and before take
effect, be approved by him, or being dlsapproved,
shall be repassed by wo-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 Tor which the
Governor shall have been elected. The records OF
the State shall be kept and in the office OF
the Secretary he shall keep fair register oil the
official acts and proceedings of the Governor, and
when necessary shall attest Them lie 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 enjoned on
him by law
who shall hold his office during the term of two
ART, 81. The Secretary of State and Treasurer
of State shall be elected by the qualified electors OF
the State. And in of any vacancies caused by
the DEATH resignation, 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. SO. The free white of the State shall
be armed and disciplined for its detence but those
| who belong to religious societies whose tenets
forbid them to carry arms shall not be compelled
to do but shall pay an equivalent Tor personal ser
vices.
| ART 60. The Militia of the State shall be or
ganized in such manner as may be hereafter DEEM
ed most expedent by the Legislature.
| TITLE ".
JUDICIARY DEPARTMENT.
| ART. 81. The Judiciary power shall be vested IN
Supreme Court, in such interior courts as the Legs-
laure 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 constltu-
tionaity legality of any tax toll, or impos what.
soever of any fine, forfeiture or penalty imposed
BY municipal corporation, shall be In condensation
| and to all criminal cases questions of law alone
| whenever the offence charged is punishable with
death or imprisonment at hard labor, when fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the jul
risdiction of the Supreme Court in civil cases to
questions of law only.
ART SO. The Supreme Court shall be composed
of one Chief Justice and four Associate justices,
majority of whom shall constitute a quorum The
Chief Justice shall receive salary OF six thousant
five thousand five hundred dollars, annually, unit
otherwise provided by law. The Court shall appoln
it's Clerks; the Judges shall be elected TOR the
| term of ten years.
ART Ga. The Chief Justice shall be elected by
the qualified electors of the State The Legislature
shall divide the State into four Districts and tn,
qualified electors of each District shall elect one o
the Associate Justices. The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct:
or 1Tcr
The Parishes of Plaquemines st. Bernard, tina
portion of the Parish Of Orleans the right bank o
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 Jui
street, until it strikes the NewOrleans 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 midd,
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
fourche Interior, Terrebonne, West Baton Rouge
and Iberve.
| THIRD DISTRICT.
The Parishes of St Tammany, Washington
| Livingston, St. Helena, East Baton Rouge, Eas
Felicana West Feliciana, Point Coupee, Avoyelles
Tensas Concordia, Lafayette Vermillion, St. Mary
ST. Martin and St. Landry.
FOURTH DISTRICT.
The Parishes OF Calcasieu, Rapldes, Sabine, Nat
chitoches, DeSoto, Caddo, Bossier, Claiborne, Bien
Vile, Caldwell, Union, Ouachita, Morehouse, Jack
son, Franklin Catahoua, Madison, Carroll an
Vim.
ART. 65. 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 years.
that of the Judges of the Supreme Court shall bt
elected every second year.
ART. &C. The Secretary of State, on receiving the
official returns of the first election shall proceed inn
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 o
votes in their respective Districts, which of the As
socae Justices elect shall serve for the term of two
years, which shall 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 81. Amy vacancy'that may occur in the Su
preme Court from resignation or otherwise, shall bt
filled by election for the remainder OF the unexpiret
term but if such remainder do not exceed one year
the vacancy shall be filled by Executive appoint
ment.
ART. 6s. 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 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. So. The Supreme Court and each of tn
Judges thereof shall have power to issue writs G
abeos corpus at the instance OF all persons in actua
custody under process in all cases in which they
have appellate jurisdiction.
ART. 70. No Judgment shall be rendered by tn
Supreme Court without the concurrence OF majort
of the Judges comprising the court. Whenever
majority cannot agree, in consequence OF the recusa
ton of any member members Of the court, til
Judges refused shall have power cal! upon an.
Judge or Judges of the inferior courts, whose duty
shall be, when called upon; 20 sit in the place
the Judges refused, and 10 aid in determining tn
case.
ART II. All Judges, by virtue of their office
shall be conservators OF the peace throughout til
State. The style of all process shall be "The Stat
of Louisiana" All prosecutions shall be carried o
in the name, and by authority of the State of Lou
sinna, and conclude against the peace and dignt
OF the same
ART. 70. The Judges of all courts within thi
State SHALL as often as it may be possible to do, l.
every deinitlve Judgment refer to the particular Law
in virtue OF which such judgment may be rendered
and in all cases adduce the reasons on which thei
judgment is founded.
ART. 10. 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 ourhs of the members present @
each house of the General Assembly In ever
such case, the cause causes for which such re
mova may be required shall be stated at length i
the address, and inserted in the journal of eac
house.
ART. "a. There shall be an Attorney General fo
the State, and as many District Attorneys as may b
hereafter found necessary. They shall hold the
offices for four years their duties shall be dete
mined by law.