New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-20

to that house. it shall be law; but in such cases
the vote of both houses shall be determined by yeas
and nays, and the names Of the members sos."s
for and against the bill shall be entered on 'ie Jour
nal of each house respectively any p1.' us
be returned by the Governor within ten days lSuh
DAYS eyceptedl after it shall have been presented 10
him, it shall be law in like manner as II ne nag
signed it, unless the General Assembly by aa,
iournment, prevent its return IN "hch case It sr
be law, unless sent PACK Within tiiee u"t a''ei
their next session.
Arr, 81 Every order, resolution or vote. to
which the concurrence OF both houses may be ne.
cessary, except on question OF adjournment snail
be presented to the Governor, and before ltsla take
effect, be approved by him, being disappToved,
shall be repassed by twothirds 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 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 Of any vacancies caused by
the death, resignation, absence of the Treasurer
Secretary OF State, the Governor shall order an
election to fiji said vacancy.
ART. 5S. 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 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
to do but stal pay equivalent for personal SER
vices
ART. 60. 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
Supreme Court, in such inferior courts as the Lests-
| atlre NAV 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 i'll which the consttu-
onaty or legality of any tax, toll, or impost what
soever or Of any ine 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, when fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the jul
risdlcton Of the Supreme Court in civil cases to
| questions of law only.
| ART So. The Supreme Court shall BIO composed
of one Chief Justice and four Associate Justices, a
| 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, unit
otherwise provided by law. The Court shall appoint
its own Clerks the Judges shall be elected for the
term of ten years.
ART. 3d. 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 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, tha
portion of the Parish OF Orleans on the right bank o
the Mississippi river and that portion of the City Of
| NewOrlea which lies below the line extending
from the river Mississippi along the middle of julie
street, until it strikes the NewOrleans Canal, anc
| 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 middle
of Julia 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, Terrebonne, West Baton Roug
| and lberville.
THIRD DISTRICT.
The Parishes of ST. Tammany, Washington
Lvirg ston, St. Helena, East Baton Rouge, Eas
! FeIicana West Feliciana, Point Coupe, AvoyeIle
Tensas, Concordia Lafayette, Vernlllion st. Mar
ST. Martin and ST.. Landry.
FOURTH DISTRICT.
The Parishes OF Caloaseu, Rapides, Sabine, MAJ
citoches DeSoto, Caddo, Bossier, Claiborne, Bien
, vile, Caldwell, Union, Ouacha, Morehouse, Jack
son. Franklin, Catahoula, Madison, Carroll an
, Winn.
ART IS. 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 c
the fourth at the expiration Of the eighth years
that one of the Judges OF the Supreme Court shall b
elected every second year.
ART c.. The Secretary of State on receiving tn
official returns of the first election, shall proceed in
mediately, in the presence and with the assistance
two Justices OF the Peace, to determine by lot anon
the four candidates having the highest number
= votes in their respective Districts, which OF the Al
sociate Justices elect shall for the of tw
g Years, which shall serve for the term of four year
= which for the of six years, and which for til
j. term of eight years, and the Governor shall issu
n commissions accordingly.
= ART. g. Any vacancy that may occur in the S,
l. preme Court from resignation or otherwise, shall
filed by election for the remainder OF the unexpre
term but if such remainder do not exceed one yea
: the vacancy shall be filled by Executive appoin
1 ment.
q ART IS. The Supreme Court shall hold it's ses
sons in NewOrleans from the first Monday Of tn
month of November to the end of the month of Jun,
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 d
heretofore.
ART. SO. The Supreme Court and each of tn
Judges thereof shall have power to issue wris
abe1S c0rp7tS, at the instance Of all persons in actu
custody under process in all cases in which they ma
, have appellate jurisdiction
; ART. 70. No Judgment shall be rendered by tn
Supreme Court without the concurrence al maj rit
Of the Judges comprising the court. Whenever
majority cannot agree, in consequence OF the recus;
e ton OF any member members Of the court, I'll
Judges not recused shall have power to call upon
Judge or Judges of the inferior courts whose duty
1t shall be, when so called upon, 10 sit in the place
l. case.
d ART. II. All Judges, by virtue of their ofic
Il shall be conservatots OF the peace throughout tn
e State. The style OF all process shall be 'The Stat
n of Louisiana. All prosecutions shall be carried o
in the name, and by authority OF the State of Lou
y sana, and conclude against the peace and dignit
II of the same.
e ART. 70. The Judges of all cou,ts within TIL
State shall, often as it may be possible to do
every deinitjve judgment refer the particular la
a in virtue of which such judgment may be Rendered
e and in all cases adduce the reasons on which the
Judgment is founded.
e Arr. 70. The Judges of all courts shall be Ii
j. Bile to impeachment; but for any reasonable cans
l. which shall not be sufficient ground for impeac
ment, the Governor shall remove any Of them Il
= address of three-oufths of the members present
If each house of the General Assembly In eve