New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-18


days exceped after it shall have been presented to
him, it shall be law in like manner as if he had
signed it, unless the General Assembly, by adj
ournment prevent its RETURN in which case it shall
be law, unless sent back within three days after
their next session.
ART, 81. Every order, resolution or vote. to
which the concurrence Of both houses may be me-
cessary, except on question Of adjournment shall
be presented to the Governor and before shal take
effect, be approved by him, or being dsapproved,
shall be repassed by two-thirds of the members cleo
ted to each house of the General Assembly.
ART. SIS. 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 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 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 So. 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 ser
vices.
ART. 60. 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.
ART: 81. The Judiciary power shall be vested in a
Supreme Court, in such inferior courts the Legis.
ature 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 consttu-
tionality or legality of any tax, toll impost what
soever, or Of any fine, forfeiture or 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 iu-
rsdicton Of the Supreme Court in civil cases to
questions of law only.
ART 63. The Supreme Court shall be composed
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 shall appoint
its Clerks the Judges shall be elected for the
term OF ten years.
ART a. 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 OF
the Associate Justices. The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct:
FIRST DISTRICT
The Parishes of Plaquemines, 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 NewOreans Canal, and
thence down said canal to the Lake.
SECOND DISTRICT.
That portion of the City OF New Orleans which is
situated above the line extending along the middle
of Julia street until it strikes the NewOreans Canal
and thence down said Canal to the Lake. and the
Parishes Of Jefferson, St. John the Baptist, ST.
Charles, st. James, Ascension. Assumption, La
fourche Interior, Terrehonne, West Baton Rouge
and Iberville
THIRD DISTRICT.
The Parishes of ST. Tammany, Washington,
Livingston, ST. Helena, East Baton Rouge, East
Tensas, Concorda, Lafayette Vermillion, st. Mary,
st. Martin and ST. Landry.
FOURTH DISTRICT.
The Parishes of CaIcasieu, Rapides, Sabine, Nat
chitocbes DeSoto, Caddo, Bossier, Claiborne, Ben-
vile, Caldwell, Union, Ouachita Morehouse, Jack.
son, Franklin, Catahoula, Madison, Carroll and
VIM.
ART. Co. The office OF one of the Associate JUS
tees shall be vacated at 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 of
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. g. The Secretary of State, on receiving the
official returns of the first election, shall proceed i'm
in the presence and with the assistance
two Justices OF the Peace, to determine by lot among
the tour candidates having the highest number OF
votes in their respective Districts which of the As
sociate Justices elect shall 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
accordingly.
ART. 81. Any vacancy that may occur in the Su.
preme Court from resignation or otherwise, shall be
filled by election for the remainder OF the unexpired
term but il such remainder do not exceed one year,
the vacancy shall be filled by Executive appoint.
ment.
ART. IS. The Supreme Court shall hold its SEES
sions in NewOreans from the first Monday of the
month oil November to the end of the month of June,
inclusive. The Leg islature 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. 60 The Supreme Court and each of the
Judges thereof shall have power to issue writs OF
tabeaS corpus, at the instance OF all persons in actual
custody under process in all cases in which they may
rave appellate jurisdiction.
ART. 70. No judgment shall be rendered by the
supreme Court without the concurrence of majority
# the Judges comprising the court. Whenever d
majority cannot agree in consequence of the
ion OF any member or members OF the court, the
Judges not refused shall have power to call upon any
Judge or Judges OF the inferior courts, whose duty it
hall be, when called upon, to sit in the place OF
he Judges refused, and to aid in determining the
ase
ART II. All Judges, by virtue of their office,
hall be conservators Of the peace throughout the
tate. The style OF all process shall be +" The State
louisiana" All prosecutions shall be carried on
a the name, and by authority of the State of Loui
ANA, and conclude against the peace and dignity |
I the same
ART, 70. The Judges of all courts within this
State shall as often as it may be possible to do in
very dehmtive judgment, refer to the particular law
n virtue OF which such judgment may be rendered,
nd in all adduce the reasons on which their
alignment is founded.
ART. 70. The Judges of all courts shall be liza
lie to Impeachment; but for any reasonable cause
which shall not be sufficient ground for npeach-
lcnt, the Governor shall remove any of them on the
ddress of three -tourths of the members present of
ach house of the General Assembly. In every
UGH case, the cause or causes for which such re-
loval may be required shall be stated at length in
lie address, and inserted in the Journal Of each
ouse.
ART. a. There shall be an Attorney General for
lie State, and many District Attorneys as may be
GREATER found necessary. They shall hold their
ices for four years; their duties shall be deter