The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1853-04-06
NUMBER 80.

only by citizens OF the United States above
the tse Of twenty-one years, and those above
that age who shall have declared on oath
their intention to become such, and have ta-
ken an oath to support the Constitution of
the United States and the provisions Of this
act And provided, further, That no officer,
soldier, seaman, mariner, or other person in
army or navy of the United States, or attach
ed to troops in the service of the United
States shall be allowed to vote in said Terri
tory, by reason of being on service therein,
unless said Territory is. and has been for tho
period of six months, his permanent domicil:
Provided further, That no person belonging
to the army or navy of the United States
shall ever be elected to or hold any civil office
or appointment in said Territory
Sec. 6. Ana be it further enacted, That
the legislature power of the Territory slall
extend to all rightful subjects of legislation
not inconsistent with the Constitution and
laws of the United States But no law shall
be passed interfering with the primary dis
posal of the soil no tar shall be imposed up
on the property of the United States; nor
shall be imposed upon the property Of non
residents be taxed higher than the lands or
other property of residents All the laws
passed by the Legislative Assembly shall be
submitted to the Congress Of the United
States, and. if diSapprovcd, shall be null and
of no effect Provided, That nothing in this
act shall be construed to give power to incor-
poratc bank or any institution with banking
powers, or to borrow money in the name OF the
Territory, or to pledge the faith of TIE people
Of the same for any loan whatever, directly
or.indirectly. No charter granting any priv
iegcs of making, issuing, or putting into cir
cuation any notes or bills in the likeness of
bank notes, or any bonds, Grip, drafts, bills Of
exchange, or obligations, or granting any 9TH
cr banking power or privileges, shall be pass
cd by the Legislative Assembly nor shlll
the establishment Of any branch or agency OF
any such corporation, derived from other au-
thority, be allowed in said Territory; nor
shall said Legilative Assembly authorize tho
issue Of any obligation, scrip, or evidence Of
debt, by said Territory. And all such laws,
or any law or laws inconsistent with the pro
visions of this act, shall be utterly null ana
void. And all tarcs shall be equal and uni
form and 10 distinctions shall be made in
the assessments between different kinds Of
property, but the assessments shall be accord
ing to the value thereof. To avoid improper
influences, which may result from innir-
ing in one and the same act such things
as have no proper relation to each other, eve
ry law shall embrace but onu object, and that
shall be expressed in the title.
Sec I. And DC it further enacted That
all township, district, and county oIlicers not
OlhtlMlot plNNiiNu iOi silil uc hp-
pointed or elected in such manner AS shall DO
provided by the Legislative Assembly OF tho
Territory of Washington.
Sec. s. And be it fnrther enacted That
no member Of the Legislative Assembly shall
hold or be appointed to any Office which shall
have been created, or the salary or enolu-
ments OF which shall have been increased
while he was Il member, during the term for
which he was elected and for one year after
the expiration Of such term but this restric-
tion shall not be applicable to members Of the
first Legislative Assembly and no person
holding IA commission or appointment under
the United States shall be a member of the
Legislative Assembly, ,or shall any Office under
! the government Of said Territory.
Sec Q. And be it further enacted, That
the judicial power of said Territory shall be
vested in supreme court district courts, pro-
bate courts, and in justices of the peace
The supreme court shall consist of a chief
justice and two associate justices, any two of
whom shall constitute quorum, and who
! shall hold term at the scat Of government
of said Territory annually, and they shall
hold their Office during the period Of inur
years and until their successors shall be divid-
ed into three judicial districts, and district
court shall be held in each OF said districts
by one of the justices of the supreme court
at such times and places as may be prescribed
by law and the said judges shall, after their
appointments, respectively reside in the dis
tricis which shall be assigned them ThcJur-
iSdiction of the several courts herein provided
for, both appellate and original and that OF
the probate courts and Of justices of the
peace, shall be as limited by law Provided,
That Justices OF the peace shall not have any
jurisdiction of any case in which the title TO
land shall in anywise come in question, or
where the debt or damages claimed Shall cr-
ceed one hundred dollars and the said su-
pieme and district courts respectively shall
possess chancery as well as common law Jur-
isdction Each district court, or the judge
thereof, shall appoint its clerk, who sha'i al
so he the register in chanccry. and shall
keep his Office ut the place where the court
may be held. WrtS of error, bills Of cxccp-
} ton, and appeals, shall be allowed in all cases
from the final decisions of said district court
to the supreme court under such regulations
as may be prescribed by laws; but in no casc
removed TO the sIprcme court shall trial by
jury be allowed, in said court. The supreme
court, or the Justices thereof, shall appoint its
own clerk, and every clerk shall hold his Of
flee at the pleasure of the court for which
he shall have been appointed. Writs of er-
ror, and appeals from the final decisions OF
said Supreme court, shall be allowed and
1 may be taken to the SuYpmc Court of tho
5 United States, in the samt manner and under
, the same regulations as from the circuit court
5 of the United States where the value of the
; property or the amount in controversy to be
ascertained by the affirmation of either party,
or other compctcnt witness, shall exceed two
? thousand dollars, and in all cases where tho
Constitution OF the United States, or acts of
Congress, or a treaty Of the United States, Is
3, brought in question and each Of the said
D district courts snail have and exercise the
same jurisdiction in all eases arising under the
r constitution of the United States and the laws
e of said Territory, rs is vested in the circnit
p and district OF the United States writs of
r. error and appeal in all such cases shall be
r made to the supreme court Of said Territory
1 the same as in other cases. Writs Of error
{ and appeals from he final decisions eS said
} supreme court shall be allowed, and may be
i taken TO the Supreme Comt Of the United
States IN the same manner as from the cir
S cult courts of the United States where the
5 value of the property, or the alaoaui m con
+ troversy, shall exceed two thousand dollar-
c and each o. said district courts shan have
y and exercise the jurisdiction. in all cases Hris
j Ing under the Constitution and laws Of th'
: United States, as is vested in tho circuit and
It district courts of the United States and ais
II of all cases arising under the laws OF sale
a Territory, and otherwise. The said Cleri
n shall receive in all such eases the same fee
= which the clerks of the district cou.ts Of TN
e Territory OF Oregon receive for similar ser
J. vices.
y Sec. 10 And bo Il further enacted, Tha
le there shall be appointed Nn attorney fer Sai'
le Territory, who shall continue III oifce II
D. four years and until his successor shall be AZ
10 nointrd anil nualinpd unicgs SOOner removed