New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-04

and NAYS and the names OF e.!neinbefs voting
for and az anst the BILL shall be enteHed on the Jour
nal of each house respectively. liahy Dill shall not
hs retnrn.J by the Governor within ten days (Sun-
DAYS excentedl after il shall have been presented TO |
him. it shall be law in like manner as II he had
signed 1t, unless the General Assembly, by adj
ioutnmen prevent its return; IN which case 1t shall
he law. unless sent eaeR "ishlh three oafs atef
their next session.
Art "a. Every order, resolution OF vote. to
which the concurrence of both houses may be me-
cessary, except on question OF adjournment. shall
b. presented the Governor, and before it shall take
fleet, be approved by him, or being disapproved,
shall be repassed by two-htds of the members cleo
ted to each house ri the General Assembly
Art SIS There shall be Secrettry OF State. who
s5ai hold his office during The time for which the
Governor shall have been elected. The records OF
tie State shall be kept and preserved in the office OF
ihe Secretary; he shall keep fair register OF the
official and proceedings Of the Governor, and
wien necessary shall attest them, He shall, when
required, lay the said register, and all papers, mir
utas aNd vouchers relative to his office, before
either hanse Of the General Assembly, and shall
perform such other duties may be enjoned on
him by law.
ARE 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
o. State shall be elected by the qualified electors OF
he State. And in Of any vacancies caused by
the death, resignation, absence OF the Treasurer
or Secretaryo OF State, the Governor shall order an
etec ion to fill said vacancy.
ART. S.. 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
he Governor.
Art 50 The free white men of the State shall
be armed and disciplined for its defence; but those
who belong 10 religions societies whose tene's
forbid t1em to carry arms, shall not be comPsIisd
do, but ST all pay equivalent for personal ser
vices,
Aar. 60 The Militia of the State shall be or
gan;zed it, such manner may be hereafter deem
ed most exiedient by the Legislature.
TITLE Nv.
JUDICIARY DEPARTMENT.
ART, CT. The Judiciary power snail be vested ms
Supreme Court. such inferior courts as the legis-
la ure may, from time TO time, order and establish
and in Justices Of the Peace.
ART. CO The Supreme Court except in cases
hereinafter provided, shall have appellate jurisdiction
only; which. jurisdiction shall extend to all cases
when tue matter in dispute shall exceed three hum
bred dollars to. all in which the aonstitu-
tionaiity Legality OF any tax toll or npost what
soever, Ct any fine, forfeiture or penalty imposed
by a municipal corporation, shall be in condensation !:
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 jul
rlsdction OF the Supreme Court in civil cases to
questions of law only
ART s. The Supreme Court shall be composed
of one Chief Justice and four Associate Justices d
| 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
otherwise provided by law. The Court shaappoint
lis own Clerks the Judges shall be elected for the
term Of tn years.
| ART Cd The Chief Justice shall be elected by
the qualified electors of the State. The Legislature
shall divide the State four Districts, and the
qualified electors Of each District shall elect OF
the Associate Justices The State shall he divided
into the following Districts, until the Legislature
shall otherwise direct
FIRST DISTRICT.
The Parishes Of Pla9uennes, st. Bernard, that
portion OF the Parish oil Orleans the right bank OF
The ssissippi river, and that portion OF the City of
NewOreans 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 NewOrleans which is
situated above the line extending along the middle
fna until it strikes the NewOr!eans Canal
AVID thence down said Canal to the Like. and the
Parishes oil Jefferson, st John the Baptist, ST,
Charles, ST. lAnes, Ascension, Assumption, La
| tourrhe Interior, Tertebonne, West Baton Rouge
sud lberyil!e.
| THIRD DISTRICT,
| The Parishes OF st. Tannany, Washington
| Livingston, St Helena, East Baton Rouge, Eas
Fe ,ciaua, West Fe|icana, Point Coupee Avos e!les
rensas Cnrcordla Lafayette Vermlliion, st. Mary
| 81. Martin and ST Landry
! FOURTH DISTRICT
| The Parishes OF Cacasieu, Rapides, Sabine, Nat
chitoches, DeSoo, Caddo Bosser, l,iborne, Bi-n.
Vile Caldwell, Union, Ouachns Morehonse, Jack,
| son, franklin, Catalonia, Madison Carroll and
Vim.
ART, 65 The office OF 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 oil
the fourth the expiration Of the eighth ysar-so
that of he Judges Of the Supreme Court shuli be
elected every second year.
ART. &c. The Secretary of STATE on receiving the
Official OF tue first election, shall! proceed i'm
mediatey in tue presence and with the assistance OF
two Justices OF the Peace, determine by lot among
the Tour candidates having he highest number OF
votes IN their respective DISTRICTS which Of the As
scciae Justices elect shall serve for the term OF two
years, which shall for the term of four years,
which for the OF SIX years, and which for the
term OF eight years, and the Governor shall issue
commissions according ~.
ART. 81. Any vacancy that may occur in the Su-
Court rom resignation o. otherwise shall be
filled by election for The remainder oil the unexpred
term but it such remainder do not exceed one year,
the vacancy shall be filed by Executive appoint
nent.
ART IS The Supreme Cour, shall hold it's ses.
sious in NcwOrieans from the first Monday ut the
nontll o! November the end o the month Of June
Inclusive. The Legislature shah have power to fix
the SESSIONS elsew here during the rest OF the year
until otherwise provided, the sessions shall be held as
heretofore.
AIT. 60. The Supreme Court and each of the
Judges thereof shall have power to issue wfts o.
hQJeS coyyuS at the instance OF all persons 10 acua
custody under process in all cases in which they may
nave appellate jurisdiction.
ART 70. No judgment shall be rendered by the
Supreme Court without the concurrence of ma orty
OF the Judges comprising the court. Whenever a
majority cannot agree in consequence OF the recusa.
Judges Reused shall have power to call upon any
Judge Judges OF the Inferior courts, whose duty IT
shall be, when called upon sit in the place Of
The Judges REFUSED, and to aid in determining the
case.
ART n, All Judges, by virtue of their office,
sha be conserva;ors of the peace throughout the
State. The style OF all process shall be The State
Of Louisiana All prosecutions shall be carried on
in The nae and by authority Of the Stale Of Loui-
s,aua, and conclude against the peace and isnity
Of HE same.
ART 70. The Judges of all courts within this
State shall often may be possible so To do, in
every detint Judgment, refer TO the particular law
in virtue OF which such Judgment may be rendered
and in all adduce the reasons on winch thelr
judgment is founded,
Arr. 10 The Judges OF all courts shall be liza
Bile to impeachment; but for any reasonable cause
which sllall not be sulficent ground for nnpeach-
mcut, the Governor sha remove any of them on the
address OF lhree.fourtns OF the members present Of
eacI, house of the General Assembly. In every
such ease the cause or causes for which such re-
moval may be required shall b. stated at length in
the address, aud inserted in the journal Of each