New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-11

nal of each ho,,se respectively. fanny bill shall not
be returned by the Governor. within ten days Sun-
days excepted after it shall have been presented to
him. IL shall be law in like manner as ii he had
siuned il. unless the General Assembly, by adj
iournment prevent its return in which case it shall
he law. unless sent back within three days after
their next session.
ART "a Every order, resolution vote. to
which the concurrence of both houses may be ne
cessary, except question Of adjournment, shall
be presented to the Governor and before shall take
effect, be approved by him, CT being disapproved
shall be rspassed by twothirds of the members cleo
ted to each house of the General Assembly
ART, SIS There shall be Secretary of State, whe
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 o.
the Secretary he shall keep q 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 enjoned 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 fill said vacancy.
ART. 50. Ali 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 slla
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, but shall pay equivalent for personal ser
vices.
ART. so. The Militia of the State shall be or
ganized in such manner as may be hereafter deem
ed most expedient by the Legislature.
w". TITLE Nv.
JUDICIARY DEPARTMENT.
ART. 81. The Judiciary power shall be vested in d
Supreme Court, in such inferior courts as the Legis
lature may, from time to time, order and establish
and in Justices Of the Peace.
ART. 81 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 legality OF any tax, toll, impost what
soever, of any fine, forfeiture penalty imposed
by municipal corporation, shall be in contsstation
and to all criminal cases on questions OF law alone
whenever the offence charged is punishable with
death Imprisonment at hard labor, or when fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the ju
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, a
majority OF whom shall constitute quorum. Tbs
Chief Justice shall receive salary OF six THOUSAND
dollars and each of the Associate Judges salary o.
five thousand five hundred dollars, annually, unit
otherwise provided by law. The Court shall appoint
its Clerks the Judges shall be elected for the
term of ten years.
ART. CD. 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 o
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 the right bank O.
the Mississippi river, and that portion of the City
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 NewOrleans which is
situated above the line extending along the middle
of lula 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
tourche Interior, Terrebonne, West Baton Rouge
and Iberve.
THIRD DISTRICT.
The Parishes of St. Tammany, Washington,
Livingston, st. Helena East Baton Rouge, East
Felicana, West Feiciana, Point Coupee, Avoyelles,
Tensas, Concordia, Lafayette, Vermilion, 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, Ouachita, Morehouse, Jack
SON. Franklin, Catahoula Madison, Carroll and
VIM.
ART. IS. 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 one oil the Judges OF the Supreme Court shall be
elected every second year.
ART. 66. The Secretary of State, on receiving the
official returns OF the first election, shall proceed i'm
medaelY, in the presence and with the assistance OF
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 for the term Of four years.
which for the term of six years, and which for the
term oil eight years, and the Governor shall issue
commissions accordingly.
ART. 81. 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 if such remainder do not exceed year,
the vacancy shall be filed by Executive appoint
ment
ART. 6S The Supreme Court shall hold its ses-
sious 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
Ant. SO. The Supreme Court and each of the
Judges thereof shall have power to issue writs OF
hG6eas coruS at the instance of all persons in actual
custody under process i'll all cases in which they may
have appellate jurisdiction.
ART 70. No judgment shall be rendered by the
Supreme Court without the concurrence of a majority
of the Judges comprising the court. Whenever
majority cannot agree in consequence of the recusa
ton OF any member members OF the court, the
Judges no, Reused shall have power to call upon any
udge Judges OF the inferior courts, whose duty it
shall he, when callrd upon. 20 sit in the place Of
the Judges refused, and TO aid in determining the
case.
ART. IL All Judges, by virtue of their office,
snail be conseryatofs Of the peace throughout the
State The style Of all process shall be "The State
oil LOUISIANA All prosecutions shall be carried on
IN the name, and by authority of the State of Loui
siana' and conclude against the peace and dignity
of the same.
ART y. The Judges of all courts within this
State shall as often it may be possible so to do, in
every defintve judgment, refer the particular law
IN virtue OF which such judgment may be rendered
and in all adduce the reasons on which their
judgment is founded.
ART. 73 The Judges of all courts shall be lie
BILE to impeachment; but for any reasonable cause,
which shall not be sufficient ground for lmpeach-
ment, the Governor shall remove any of them on the
address of three louths Of the members present of
each house of the General Assembly. In every
such case, the cause causes for which such re-
moval may be required shall be stated at length in
the address, and inserted in the Journal of each
house.