New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-25

nal of each house respectively II any bull shall not
be returned by the Governor within ten days lSun-
him it shall be law in like manner if he had
stoned 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.
ART 81. Every order, resolution or vote. to
which the concurrence OF both houses may be me-
cessary, except on question OF adjournment, shall
be presented to the Governor, and before shall take
effect, be approved by him, being disapproved,
shall be repassed by wo-lhirls of the members eec
ted TO each house OF the General Assembly.
ART. IS There shall be a Secretary of State who
shall hold his Office during tie lime 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. S. 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 case Of any vacancies caused by
the death, resignation, absence Of the Treasurer
or Secretary OF State, the Governor shall order
election to fill said vacancy
ART. 58 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
the Governor.
ART 50. 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 SER
vices.
ART 80. The Militia of the State shall be or
gauized in such manner may be hereafter deem
ed most expedent by the Legislature.
TITLE ".
JUDICIARY DEPARTMENT.
ART. 81. The Judiciary power shall be vested in
Supreme Court, in such inferior courts the Legis-
latnre 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
when the matter in dispute shall exceed three han.
dred dollars; to all in which the consttu-
tonaty or legality of any tax toll or impost what.
soever of any fine, 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 at hard labor when fine
exceeding three hundred dollars is actually imposed.
The Legislature shall have power to restrict the in.
rsdicton of the Supreme Court in civil to
questions OF law only.
ART. SO. The Supreme Court shall be composed
of one Chief Justice and four Associate Justices
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 OF
the Associate Justices The State shall be divided
into the following Districts, until the Legislature
shall otherwise direct
FIRST DISTRICT.
The Parishes of Plaquemines, ST. Bernard, that
portion of the Parish OF Orleans on the right bank OF
the Mississippi 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 portios of the City of NewOrleans which is
situated above the line extending along the middle
of Julia street until it strikes the NewOreans Canal
and thence down said Canal to the Lake. and the
Charles, St. James, Ascension, Assumptions La
fourche Interior, Terrebonne, West Baton Rouge
and lberville.
THIRD DISTRICT.
The Parishes OF ST. Tammany, Washington
Livingston, St. Helena, East Baton Rouge, East
Tensas, Concordia, Lafayette, Nermillion st. Mary
St. Martin and St. Landry.
FOURTH DISTRICT.
The Parishes of Calcaseu, Rapides, Sabine, Nat
chitoches, DeSoto, Caddo, Bossier, Claiborne Bien-
vile, Caldwell, Union, Ouachta, Morehouse Jack.
son, franklin, Catahoula, Madison, Carroll and
Vim.
ART. 6j. 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.
Al IL. Al
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. &C. The Secretary of State on receiving the
official returns of the first election shall proceed I'M
medately in the presence and with the assistance OF
two justices OF the Peace, to determine By lot among
the four candidates having TIE highest number of
votes in their respective Diskists, which OF the As
sociae Justices elect snail 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 CT. Any vacancy that may occur in the Su-
preme Court from resignation otherwise shall be
filled by election for the remainder OF the unexpired
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 its ses.
sions in NewOreans 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
ART. 60. The Supreme Court and each of the
Judges thereof shall have power to issue wrts OF
IqbeaS coTpHS at the instance OF all persons in actual
custody under process in all in which they may
have appellate jurisdiction.
ART. 20. No judgment shall be rendered by the
Supreme Court without the of majority
If the Judges comprising the court. Whenever
majority cannot agree in consequence of the recusa-
ion OF any member members of the court, the |
Judges not refused shall have power to call upon any
Judge or Judges OF the inferior courts whose duty
shall be, when so called upon, to sit in the place of
he Judges reused and to aid in determining the
,aSe.
ART. Il. All Judges, by virtue of their office,
hal be conservators OF the peace throughout the
State. The style of all process shall be The State
If Louisiana All prosecutions shall be carried on
II the name, and by authority OF the State of Lou-
'ana and conclude against the peace and dignity
If the same.
ART. II. The Judges of all courts within this
state shall, often as it may be possible do in
very defnitlve judgment, refer the particular law
n virtue OF which such Judgment may be rendered
nd in all cases adduce the reasons on which their
Judgment is founded,
ART. 70, The Judges of all courts shall be La
lie to impeachment; but for any reasonable cause
which shall not be sufficient ground for impeach-
lent, the Governor shall remove any Of them on the
ldfess OF thIee-fourths OF the members present of
ach house of the General Assembly. In every
UGH case, the for which such re.
ioval may be required shall be stated at length in
he address, and inserted in the Journal of each