New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-24

al Of each house respectively. Itany bill shall not i
e returned by the Governor within ten days lSun- S
lays excepted after it shall have been presented to
i'm, it shall be law in like manner as if he had
igned it, unless the General Assembly, by adj
ou nment, prevent its return in which case 1T shall
,e law, unless sent back within three days after
heir next session.
ART, 81 Every order, resolution or vote. to
which the concurrence OF both houses may be ne
.essary except on question Of adjournment, shall
% presented the Governor, and before shall take
Effect, be approved by him, or being disapproves,
shall be repassed by two-thirds OF the members cleo
led to each house of the General Assembly
ART SIS There shall be Secretary of State WHO
shall hold his office during the time for which the
Governor shall have been elected. lhe records oil
the State shall be kept and preserved in the office OF
the Secretary he shall keep u 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, gnation, absence oil the treasurer
or Secretary OF State, the Governor shall order an
election to fiji said vacancy
ART 81. All commissions slall pc IN tne htiie
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
so do but sta pay equivalent for personal ser
vices.
Art. go. The Militia of the State shall be Or
ganized in snch manner as may be hereafter deem
ed most expedient by the Legislature.
TITLE w.
JUDICIARY DEPARTMENT.
ART. 6l The Judiciary power shall be vested IN
Supreme Court in such inferior courts as the Legis-
lature may, from time to time, order and establish,
and in Justices OF the Peace.
ART. g. The Supreme Govt, 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
bred dollars; to all cases in which the constitu-
onalty or legality of any tax, toll, or impost what
soever or of any fine, forfeiture penalty imposed
by municipal corporation shall be in contes ration
and to all criminal cases on questions OF law alone,
whenever the offence charged is punishable with
death Imprisonment at hard labor, or when tlne
exceeding three hundred dollars is actually imposed
The Legislature shall have power to restrict the iu-
| risdction of the Supreme Court in civil cases to
questions of law only
| ART 49, The Supreme Court shall be composed
| of one Chief Justice and four Associate Justices,
| Chief Justice shall receive salary oil 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 tor the
| term of ten years.
| ART 81. 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 Plaquemnes, St. Bernard, that
portion of the Parish OF Orleans the right bank OF
the NJ ssssppi river. and that portion OF the City OF
New Orleans which lies below the line extending
from the river Mississippi along the middle of Julia
street. until it strikes the NewOrIeans 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 uut it strikes the NewOrteans Canal,
| aud thence down said Canal TO the Lake. and tue
| Parishes of Jefferson, St John the Baptist, St.
| Charles, St. James, Ascension, Assumption, La
tourche Interior, Tefebonne, West Baton Rouge
and lberville.
THIRD DISTRICT.
The Parishes OF St. Tammany, Washington
Livingston, St Helena, East Baton Rouge, Eas
Felciana, West Feiciana, Point Coupee, Avoyelles
Tensas, Copcordia, Lafayette, Vermlllion st. Mary
St. Martin and St. Landry.
FOURTH DISTRICT.
The Parishes of Calcaseu, Rapides Sabine, Nat
chtoches, DeSoto, Caddo, Bossier, Claiborne, BEN
vile, Caldwell, Union Ouachlta, Morehouse, Jack
son, Franklin Caahou!a, Madison, Carroll and
| VIM.
ART. 65. 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 at the expiration of the sixth year, and oil
the fourth at the expiration of the eighth year-so
that OF the Judges of the Supreme Court shall be
! elected every second year.
/ ART Sc. The Secretary Of State, on receiving the
official returns of the first election shall proceed inn
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 OIL
votes in their respective Districts, which Of the As
sociae Justices elect shall serve for 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 shall issue
commissions accordingly.
ART 81. Any vacancy that may occur in the Su
preme Court from resignation or otherwise shall be
filled by election for the remainder of the unexpirec
term but if such remainder do not exceed one year
the vacancy shall be filed by Executive appoint
ment
ART. g. The Supreme Court shall hold its SEES
sions in NewOrleans from the first Monday of the
month of November to the end OF the month OF June
| inclusive. The Legislature shall have power to ii,
the sessions elsewhere during the rest OF the year
until otherwise provided the sessions shall be held a
| heretofore.
ART. &c. The Supreme Court and each of the
Judges thereof shall have power to issue wrIts o
hbeaS c0rus, at the instance of all persons in aetna
custody under process in all cases in which they may
| have appellate jurisdiction.
ART. TO- No Judgment shall be rendered by tn,
Supreme Court without the concurrence of majority
of the Judges comprising the court. Whenever
majority cannot agree, in consequence of the recusa
ton of any member members OF the court, tht
Judges not refused shall have power to call upon any
Judge Judges Of the inferior courts, whose duty
shall be, when called upon. 20 sit in the place 0
the Judges reused and to aid in determining tn,
case.
ART. II. All Judges, by virtue of their office
shall be conservators of the peace throughout The
State. The style of all process shall be "rhe State
OF Louisiana All prosecutions shall be carried OF
in the name, and by authority OF the State of LOU
siana, and conclude aganst the peace and d1gnit,
| OF the same.
, ART. 70. The Judges of all eourts within thi
State shall, often it may be possible so to do
every deinitve judgment, refer the particular law
in virtue of which such judgment may be rendered
, and in all adduce the on which thei
Judgment is founded,
Arr. 70. The Judges of all court, shall be liza
BILE to impeachment; but for any reasonable cause
which shall not be sufficient ground for impeach
ment the Governor shall remove any Of them on tn
address of tn, fourtns of the menbers present
each house of the General Assembly. In ever
such case, the cause causes fer which such re
moval may be required shall be stated at length i
the address, and inserted in the Journal Of eac
house.
ART. IA There shall be an Attorney-General fo
the State, and many District Attorneys as may b
hereafter found necessary. They shall hold thei