New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-15

days excepted after it shall have been presented to
him. 1t shall be law in like manner if he had
signed it, unless the General Assembly, by ad-
iournment, prevent its return; in which case it shall
be law, unless sent back within three days after
their next session.
hRT. 81. Every order, resolution or vote. to
which the concurrence Of both houses may be ne.
cessary. except on question OF adjournment shall
be presented to the Governor and before Shall tae
effect, be approved by him, or being dsappFosed
shall be repassed by twothrds of the members elec
ted to each house of the General Assembly
ART. So 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 enjoned on
him by law.
| ART. S. There shall be Treasurer of the State
who shall hold his office during the term Of two
| years.
of State shall be elected by the qualified electors OF
the Stale. 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 fiji said vacancy.
ART. So. All commissions shall be in the name
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
to do, but sla pay an equivalent for personal SER
vices.
ART. CO. The Militia of the State shall be Or
ganized in such manner may be hereafter deem
ed most expedient by the Legislature.
TITLE Nv.
JUDICIARY DEPARTMENT..
ART. 81. The judiciary power shall be vested in a
Supreme Court, in such inferior courts 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
dFed dollars to all in which the constitu-
tionality or legality of any tax, toll or impost what
soever, or of any fine, forfeiture penalty imposed
by municipal corporation, shall be in condensation /;
and to all criminal cases 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 ju
risdiction 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,
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 shallappoint
its own 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 of
the Associate Justices. The State shall be divided
IptO folIp tbn friu1a
shall otherwise direct:
FIRST DISTRICT
The Parishes of Plaquemines, st. Bernard, that
portion of the Parish Of Orleans or 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 NewOfeans 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 Julia street until strikes the NewOfeans Canal
md thence down said Canal 10 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 Iberville.
THIRD DISTRICT.
The Parishes of St. Tammany, Washington
Livingston, ST. Helena, East Baton Rouge East
Feciana, West Feciana, Point Coupee Avoyelles,
Iensas, Concordia, Lafayette, Vermtllion st. Mary,
st. Martin and St Landry.
FOURTH DISTRICT.
The Parishes of CaIcasieu, Rapides. Sabine. Nat
chitoches, DeSoto Caddo, Bossier, Claiborne Bien-
vile, Caldwell, Union Ouachita, Morehouse Jack.
son, Franklin, Catahoua, Madison, Carroll and
Vim.
ART 65. 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 OF the Judges of the Supreme Court shall be
elected every second year.
ART. 66. The Secretary of State, on receiving the
official returns oil the first election, shall proceed inn
in the presence and with the assistance OF
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
soclae Justices elect shall serve for the term of two
years, which shall for the term of four years
which tor the term of six years. and which for the
term OF eight years.. and the Governor shall issue
accordingly.
ART. 67. Amy 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 ii such remainder do not exceed one wear
The vacancy shall be filed by Executive appoint
nent.
AEr. 6S. The Supreme Court shall hold its SEES |
sions 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 fl K
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
l06e9S corpus, at the instance of all persons in actual
ustody under process in all cases in which they NAV
AVE appellate jurisdiction.
ART. ~ No judgment shall be rendered by the |
supreme Court without the concurrence of a majority
1 the Judges comprising the court. Whenever a |
majority cannot agree, in consequence of the recusa
nj ftnpI. Al,