New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-02

o that house, i, shall be a law; but in such cases
he vote Of DO houses shall be Is,erwined by yeas
nd nays, and the names OF thesmembers voting
or and against the bill, shall be eneaed on the jonr
al Of each house respectively. any bill shall not
~ returned by the Governor within ten days (Snn-
lays Nted) after shall have been presented 10
lin, 1t shall be a law in like manner as if he had
gned it, unless the General Assembly, by adj
ournment prevent its return; in which case it shall
re law, unless sent back within three days after
heir next session,
ART. 81. Every order, resolution or vote. to
which the concurrence Of both houses may be ne
,essary, except on question Of adjournment, shall
presented to the Governor and before shall take
fleet, be approved by him, or being disapproved,
shall be repassed by two-hrds of the members cleo
ted to each house of the General Assembly.
ART. 50 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 may be enjoined on
him by law.
ART S. 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, or absence OF the Treasurer
or Secretary OF State, the Governor shall order an
election to fill said vacancy
ART IS. 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 men of the State shall
hoa o;,En f1r lofa h,t ri,
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. co. The Militia of the State shall be Or
ganized in such manner as may be hereafter deem
ed most expedient by the Legislature.
TITLE w.
JUDICIARY DEPARTMENT.
ART, 81. The Judiciary power shall be vested in a
Supreme Court, in such inferior courts the Legis
laure 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 hum
dred dollars; to all cases in which the constitu-
onality or legality of any tax, toll, imPost what
soever, or of any fine, forfeiture penalty imposed
by municipal corporation, shall be in contestation ];
and to all criminal on 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.
risdlction of the Supreme Court in civil cases to
questions of law only
ART. GO. The Supreme Court shall be 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, until
,lall .L-1I-
Its own 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 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 Paquemines, St. Bernard, that
portion of the Parish OF Orleans on the right bank of
the Mississippi river and that portion of the City of
from the river Mississippi along the middle of Julia
street, until it strikes the NewOrleans Carnl, 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 Julia stree, until it strikes the NewOreans Canal
aud thence down said Canal TO the Lake. and the
Parishes of Jefferson, St John the Baptist, St
Charles, St, James Ascension. Assumption, La
ourche Interior Terrebonne, West Baton Rouge
and lberviile.
THIRD DISTRICT
The Parishes oil St. Tarnnany, Washington,
Livingston, St Helena, East Baton Rouge, East
Friicana, West Feciana, Point Coupee Avoyelles,
Teusas, Concorda, Lafayette, Vermtllion, ST. Mary
ST. Martin and 81. Landry.
FOURTH DISTRICT
The Parishes OF Calcasieu Rapdes Sabine, Nat
nhitGcIes DeSoto Caudo Rnss;ar Ciaiborna Piep.
vile, Caldwell, Union, Ouachits, Warehouse, jack
son, Franklin, Catahoula, Madison, Carroll and
VIM.
ART. 65. The office of one of the Associate JUS
ices Shall be vacated at the expiration OF the second
'ear OF another at the expiration of the fourth year,
If third at the expiration of the sixth year, and Of
he fourth at the expiration Of the eighth ysar--so
hat OF the Judges of the Supreme Court shall be
elected every second year.
ART. g. The Secretary of State, on receiving the
'cial returns of the first election shall proceed i'm
nediately in the presence and with the assistance OF
wo Justices of the Peace, to determine BY lot among
he four candidates having the highest number OF
totes in their respective Districts, which Of the As
ociate Justices elect shall for the of two
gears, which shall for the term Of four years.
which for the term Of six years, and which for the
erm OF eight years, and the Governor shall issue
accordingly.
ART. ~. Amy vacancy that may occur in the Su.
creme Court from resignation otherwise, shall be
Tiled by election for the remainder OF the unexpired
erm but ii such remainder do not exceed year,
he vacancy shall be filled by Executive appoint
nent.
ART, g. The Supreme Court shall hold its ses-
ions IN NewOrleans from the first Monday Of the
month OF November to the end OF the month OF June
aclusve. The Legislature shall have power to fix
he sessions elsewhere during the rest of the year
n otherwise provided, the sessions shall be held as
eretotore
ART. 60. The Supreme Court and each of the
ndges thereof shall have power to issue writs OF
a6eaS corpus at the instance OF all persons in actual
ustody under process in all cases in which they may
ave appellate jurisdiction.
ART. 70. No judgment shall be rendered by the |
npreme Court without the concurrence of ! majority
the Judges comprising the court. Whenever a |
ajority cannot agree in consequence of the recusa-
on OF any member or members OF the court, the |
ndges not recused.sha have power to cali upon any
udge or Judges of the inferior courts whose duty it
la be- when so called upon. 20 sit in the place OF
e Judges reused and to aid in determining the
ART. II. All Judges, by virtue Of their office,
lal be conservators OF the peace throughout the
tate The style OF all process shall be |" The State
Louisiana All prosecutions shall be carried on
the name, and by authority Of the State OF Lou-
ana, and conclude against the peace and dignity
the same.
ART. 70. The Judges of all courts within this
tate SHALL often as it may be possible so to do in
cry dehnitive judgment, refer to the particular law
virtue OF which such judgment may be rendered,
ID in all cases adduce the reasons on which their
dgment is founded.
ART. 70. The Judges of all courts shall be LA
2 to impeachment; but for any reasonable cause,
hich shall not be sufficient ground for mpeach-
snt, the Governor shall remove any of them on the
dress of three fourths of the members present of
If Ace ", |