New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-19

for and asainst the BILL shall entered on the jour-
nal of each house respectively II any bill shall not
be returned By tho Governor within ten days tSun-
DAYS exceptedj after ii shall have been presented to
him, Il shall bea law in like manner as If he had
signed il, unless the General Assembly, BY adj
onrnrnent prevent its return in which case i 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-
cessary, except on question Of adjournment, shall
be presented to the Governor and before shall take
effect, be approved by him, or being disapproved,
shallbe repassed by to-thirds Of the members cleo
ted to each house Of the General Assembly.
ART. S. 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 a 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
sutes 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
\ ART. 81. The Secretary Of State and Treasurer
Of State shall be elected BY the qualified electors of
the State. And in case Of any vacancies caused by
the DEATH resignation, absence Of the Treasurer
sor Secretary Of State, the Governor shall order an
election to fiji said vacancy.
Z ART. &c. An 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 ska an equivalent for personal ser
vices. y 3 1s4
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 Nv. ,iasssa ss 93 .,4
JUDICIARY DEPARTMENT. ali6
ART, 81. The Judiciary power shall be vested in a
Supreme Court in such inferior courts as the Legis
ature may, from time to time, order and establish
and in Justices cf the Peace. ,t ,a 5.. .t,.,.
ART g. Tie 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 cases in which the constitu-
tonaity legality Of any tax, toll or impost what
soever Or Of any fine forfeiture or penalty imposed
by municipal corporation, shall be in condensation
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
risdction Of the Supreme Court in civil cases to
questions Of law only. II r
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
Ave thousand five hundred dollars, annually, until
otherwise provided by law. The Court hallappoint
its own Clerks; the Judges shall be elected for the
term of ten years.
Arr. "a. The Chef 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: st.7,, .fl,l.zi,54a
FIRST DISTRICT. s .l,.a,l
The Parishes Of Plaquemines, ST. Bernard, that
portion Of the Parish Of Orleans 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 NewOreans Canal, and
thence down said canal to the Lake.
SECOND DISTRICT. ,s
That portion Of the City of NewOrleans which is
situated above the line extending along the middle
of Julia street until it strikes the NewOrleans Canal
and thence down said Canal to the Lake. and the
Parishes Of Jefferson, St. John the Baptist, St.
fourche Interior, Terrebonne, West Baton Rouge
and lberville. Ftf M.A-5 f. n
& ,i THIRD DISTRICT. us
The Parishes Of St. Tammany, Washington,
Livingston, St. Helena, Ess. Baton Rouge, East
Tensas, Concordia, Lafayette, Vermillion, ST. MARY
st. Martin and st. Landry. -Vl
FOURTH DISTRICT. .u
The Parishes Of Cacasieu, Rapides Sabine, Nat
chitoches, DeSoto Caddo, Bossier, Claiborne Bien-
vile, Caldwell, Union, Ouachia, Morehouse, Jack.
son, Franklin, Catahoula, Madison, Carroll and
Vim. s,,., 49, - :
ART. IS. 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. So. The Secretary of State on receiving the
official returns of the first election, shall proceed i'm
mediatey in the presence and 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
socate Justices elect shall serve 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. Amy vacancy that may occur in the Su.
preme Court from resignation otherwise, shall be
filled by election for the remainder Of the unexpred
term but if such remainder do not exceed one wear
the vacancy shall be filed by Executive appoint.
ment af iaai4a7es * ca-is ti'=H3aa 7,f
ART. 68 The Supreme Court shall hold its SEES.
sions in NewOrleaus 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 elsewhere during the rest Of the year
until otherwise provided the sessions shall be held as
heretofore. 1ag0 &OYm NA.I.if5F "a
ART. SO. The Supreme Court and each of the |
Judges thereof shall have power to issue writs OF
tbeas copas at the instance Of all persons in actual
custody under process in all in which thew NAV
nave appellate jurisdiction. is soaa. -
ART. 70. No judgment shall be rendered by the !
supreme Court without the concurrence of majority
Il the Judges comprising the court. Whenever a |
majority cannot agree in consequence of the recusa
ion OF any member or members of the court, the |
Judges not refused shall have power to call upon any
Judge or Judges of the inferior courts whose duty Il
hall be, when called upon, 10 sit in the place Of |
he Judges Reused, and to aid in determining the |
ase.
ART. II. All Judges, by virtue of their office,
nan be Sonaeryators 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 Loui-
iana, and conclude against the peace and dignity
i the same
ART. 70. The Judges Of all courts within this
'tate shalt as often as it may be possible so to do in
very denitive judgment, refer to the particular law
virtue OF Which such judgment may be rendered, |
alignment is founded. " ri tI.-7-l -
ART. 70. The Judges of all courts shall be liza.
lie to impeachment; but for any reasonable cause.
vhich shall not be sufficient ground for impeach.
tent, the Governor shall remove any of them on the
idfess of three.fourths of the members present of
ich house of the General Assembly In every
,ch case, the cause or causes for which such re.
oval may be required shall be stated at length in
e address, and inserted in the Journal of each
1uSe, ,s.. -.ft I. .I fit