New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-18


that house, it shall be law but IN such cases
the vote Of both houses shall be determined by yeas
and navs and the names OF the members voting
Tor and against the BILL shall be entered on the jour
nal of each house respectively. II any bill shall not
be returned by the Governor within ten days (Sun-
DAYS excerted after il shall have been presented to
him. it shall be law in like manner if he had
signed il, unless the General Assembly, by adj
iounnent, prevent its return; i'll which 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 ne
cassary, exoep. on question OF adjournment, silql
be presented the Governor, and before ii Shah take
effect, be approved by him. being disappeared
shall be repasscd by wo-tliiTds Of the members elec
ted to each house Of the Genera! Assembly.
Art. So. There shall be q Secretary OF State, Whc
shall hold his office during the time for which TIE
Governor shall have beeu elected. The records a
the State shall be kept and preserved in the office o
the Secretary; he shall keep lair register OF the
official acts and proceedings oil the Governor, and
when necessary shall artest them. He shall, when
required, lay tie said register, and all papers, MIN
ntes and vouchers raative to his ofEice, before
either honse al tar General Assembly, and sinai
perform sdeh ether duties as may be enjoined or
him by law,
ART. So. There shall be Treasurer of the State
who shall hold his Office during the term of tive
years.
ART 81. Tie Secretary of State and Treasurer
of STATE, shall be elected by the qualified electors Q
the STATE And in case Of any vacancies caused BY
the death, resignation Or absence OF the treasure
or Secretary oi State, the Governor shall order al
election to ill said vacancy.
ART. S. Az commissions shall be in the name
and by the arthority of the State Of Louisiana anc
| shall be sealed with the State seal and signed by
| the Governor,
ART. SO. The free white men of the State shall
he, tf ~,
who belong to religious societies whose tenets
forbid them to carry arms, shall not be compelled
to do, but 81 all pay equivalent for personal ser
vices.
ART. 60. The Militia of the State shall be or
gaaized in such manner as may bs hereafter deem.
ed most expedient by the Legislature.
| TITLE ".
| JUDICIARY DEPARTMENT.
ART G1 The Judiciary power shall be vested in
Supreme Court, in such inferior the Legs.
lature may, from time to time, order and establish
| and in Justices of the Peace.
ART, g. The Supreme Co,<t, except in cases
hereinafter provided shall have appellate jurisdiction
only; whict: jurisdiction shall extend to all cases
when the matter in dispute shall exceed three hun
dred dollars; to all in which the constitu.
tionai.y or legality of any tax, toll, mpost what
soever, Of any ise forfeiture penalty imposed
by municipal corporation, shall be in condensation
and to all criminal cases questions of law alone
whenever the offence charged is punishable with
death imprisonment hard labor, or when fine
exceeding three hundred dollars is actually imposed
The Legislature shall have power restrict the iu
risdction OF the Supreme Court in civil cases TO
questions of law only.
ART. 50. The Supreme Court shall be composed
Of one Chief Justice and four Associate Justices,
roajarity OF whom shall constitute quorum. The
Chief Justice shall receive a SALARY oE SIX thousand
dollars, and each Of the Assocae Judges saary OF
FIVE thousand FIVE hundred dollars, annually, until
otherwise provided by law The Court shallappoint
its own Clerks the Judges shall be elected for tie
term of ten years.
ART. Ga. 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 Piaguemines, st. Bernard, that
portion OF the Parish OF Orleans on the right bank of
The Mississippi river and thar 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 NewOrleans Canal and
thence down said canal to the Lake.
SECOND DISTRICT.
That portion Of the City OF Ne,v0rleans which is
situated abovs the line extending along the middle
Of Julia street until strikes the NewOreans Canal
and thence down said Canal to the Lake. and the
Parishes of Jefferson, St john the Baptist St.
fonrche Interior, Terseboane, West Baton Rouge
and ibervie.
THIRD DISTRICT.
The Parishes OF St. Tammany, Washington,
Livingston, ST. Helena, East 3 9ton Rouge, East
Feliciana, West Eeciana, Poiut Coupee Avoyelles,
Tensas, Concorda, Lafayette, Vermiliion, St. Mary,
ST. Martin and ST. Landry.
FOURTH DISTINCT
The Parishes oil Caicasieu, Rapdes, Sabine, Nat
chitoehes, DeSoto, Caddo, Bosser, Claiborne, Bien-
vile, Caldwell, Union, Ouachita Morehouse, Jack
son, Franklin, Catahoula, Madison, Carroll and
Vim.
ARR, 65. The office of one Of the Associate Jus
tces shall be vacated at the expiration OF the second
year. OF another at the expiration OF the fourth Yeas
OF third at the expiration Of the sixth year, and Of
the fourth at the expiration Of IT,. eighth year--so
that Of the Judges of the Supreme Court shall be
elected every second year.
ART. &C. The Secretary Of State, on receiving the
official returns OF te first eleoon shall proceed i'm
mediately iii the presence aud 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
sociate justices elect shall fer the term Of TWO
years, which shall serve Tor the term Of four years.
which for the term of six years, and which for the
term Of eight years, and the Governor shell issue
commissions accordingly
ART. 81. Amy vacancy that may occur in the SUI
pfeme Court from resignation otherwise, shall be
filled by election for the remainder Of the unexpred
term but II such remainder do not exceed one year.
the vacancy Shall be filed by Executive appoint
ment.
ART 6s. The Supreme Court shall hold it's ses-
stons in NewOrleans from the first Monday Of the
month OF November to the end oil The month of June
inclusive. The Legislature shall have power to fix
the sessions elsewhere during the rest of the wear
nntiI 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 wrts OF
h@6oaS corpHs, at the instance of all persons in actual
custody under process in all cases in which they may
have appellate jurisdiction.
ART. 70. N % judgment shall be rendered by the
Supreme Court without the concurrence Of majority
OF the Judges comprising the court. Whenever
HAIorlty cannot agree, in consequence Of the recS-
tiou OF any member or members of the court, the
Judges not recused shall have powe to cali upon any
Judge Or Judges of the inferior courts whose duty it
shall be- when called upon. 70 sit in the place of
the Judges recnSed, and 10 aid in determining the
case.
ART, II. All Judges, by virtue of their Office,
shai be conservators OF the peace throughout the
State. The style Of all process shall be "The State
OF Louisiana" All prosecutions shall be carried Gu
IN the name and by authority OF the State of Loui-
slana and conclude against the peace and dignity
0! the same.
ART. u. The Judges of all courts within this
State shall, often it may be possible so to do in
every deiultye 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. 10. The Judges of all courts shall b. liza
Bile 10 impeachment; but for any reasonable cause
which shall not be sufficient ground for mpeach-
mcnt, the Governor shall remove any If them on tie
al al