New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-27

the vote of both houses shall be determined by
and nays and the names OF the members voting
for and against the BILL shall be entered on the jour
nal of each house respectively any bill shall not
be returned by the Governor within ten days (Sun-
DAYS exceped after it shall have been presented
! him, it shall be law in like manner if he had
signed it, unless the General Assembly, by ad
J ionrnment prevent its RETURN in which case 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
cessary, except question of adjournment, shall
be presented to the Governor, and before it shall take
effect, be approved by him, or being disapproved,
shall be repassed by twothirds Of the members cleo
ted to each house Of the General Assembly.
| AIT. SIS There shall be Secretary Of State, who
shall hold bis 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. 56. 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
or Secretary OF State, the Governor shall order
| election to fiji said vacancy.
| ART. 5S AL 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 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 shall pay equivalent for personal
| vices.
| ART. go. The Militia of the State shall be Or
ganized 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 a
Supreme Court, in such inferior the Legis.
atnre may, 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 in which the constitu-
tonaty or legality of any tax toll or i'm post what
| soever or of any fine, forfeiture penalty imposed
by municipal corporation, shall be in contestaton
and to all criminal cases 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.
rsdicton of the Supreme Court in civil cases to
| questions of law only.
| ART SO. 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
otherwise provided by law. The Court shall appoint
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, unit. the Legislature
shall otherwise direct:
FIRST DISTRICT.
The Parishes of Piaquemines, St. Bernard that
portion of the Parish OF Orleans on 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 NewOrleans Canal, and
thence down said canal to the Lake.
SECOND DISTRICT
That portion of the City of NewOreans which is
situated above the line extending along the middle
OF Julia street until it strikes the New Orleans 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
iourche Interior, Terrebonne, West Baton Rouge
and lberville.
THIRD DISTRICT.
V,
Livingston, st. Helena, East Baton Rouge East
Feciana, West Feliciana, Point Coupee Avovelles
lensas, Concor!ia, Lafayette, Vermlllion St. Mary
ST. Martin and St. Landry.
FOURTH DISTRICT.
The Parishes of CaIcasieu, Rapdes, Sabine Nat
chitoches, DeSoto, Caddo, Bossier Claiborne, Bien-
vile, CALDWELL Union, Ouachita Morehouse, Jack.
son, Franklin, Catahoula, Madison, Carroll and
VIM.
ART g. 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 YEA.
Of third the expiration of the sixth wear, and Of
the fourth at the ex praon 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 |
ofhcal returns oil the first election shall proceed i'm
mediately 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
ISOLATE justices elect shall for the term of two
years, which shall for the term of four Years
which for the term of six years, and which for the
term OF eight years, and the Governor shall issue
commissions accordingly.
ART 81. Any vacancy that may occur in the Su.
prene Court from resignation otherwise shall be
filled by election for the remainder of the unexpired
term but if such remainder do exceed one year,
the vacancy shall be filed by Executive appoint.
ment.
ART. So. The Supreme Court shall hold its SEES.
stohs III Ne~Orleans from the first Monday of the
month OF November to the end of the month of June
inclusive. The Legislature shall have power to fix
The sessions else wlere during the rest of the wear
until otherwise provided the sessions shall be held as
heretofore.
Ant, 60 The Supreme Court and each of the
Judges thereof shall have power to issue writs OF
aoeas coTpnJ at the instance of all persons in actual
ustody under process in all cases in which they NAV
ave appellate jurisdiction.
ART 10. No judgment shall be rendered by the
supreme Court without the concurrence of a majority
the Judges comprising the court. Whenever
lDory cannot agree, in consequence Of the recusa-
on OF any member members of the court, the
ndges not refused shall have power to call upon any
Judge OF Judges OF the inferior courts whose duty il
hall be, when called upon. 20 sit in the place OF
he Judges Reused, and to aid in determining the
use. II
ART. II. All Judges, by virtue of their office, I
ma be Gonservaots of the peace throughout the
tate. The style of all process shall be 'The State
Louisiana All prosecutions shall be carried on T
the name, and by authority of the State of Lou- q
ana, and conclude against the peace and dignity /
the same
ART, 70. The Judges of all courts within this r
tate shall often it may be possible so to do, in
'ery detutrve Judgment refer to the particular law
virtue OF which such judgment may be rendered,
I'd in all cases adduce the reasons on which their $
dgnent is founded Il
ART. 49, The Judges of all courts shall be liza P
g to impeachment; but for any reasonable cause, n
hch shall not be sufficient ground for mpeach. le
ent. the Governor shall remove any of them on the
dress Of thtee.fourths of the members present Of
CHI house of the General Assembly. In every &c
oh case. the causes for which surh II