The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-07-27

III IL,
Assembly, by adjournment, prevent its return, in
which case it shall not be a law
SEC Z. And be IL further enacted, That all town
ship, district, and county officers, not herein
otherwise provided for, shall be appointed OF
elected, as the case may be, in such manner as
shall be provided by the Governor and Legisla-
tive Assembly of the Territory of Nebraska. The
Governor shall nominate, and, by and with the
advice and consent of the Legislative Council
appoint all officers not herein otherwise provided
for and in the first instance the Governor alone
may appoint all said officers who shall hold their
Offices until the end of the first session of the
Legislative Assembly; and shall lay off the ne
cessary districts for members of the Council and
House of Representatives, and all other officers.
SIC. s. And be 1t further enacted, That no men,
Der of the Legislative Assembly shall hold, be
appointed to, any Office which shall have been
created, or the salary or emoluments of which
shall have been increased, while he was mem
Der, during the term for which he elected,
and for one year after the expiration of such
term but this restriction shall not be applicable
to members of the first Legislative Assembly
| and no person holding commission or appoint
ment under the United States, except postmas-
tiers, shall be a member of the Legislative Assem-
bly,, or shall hold any Office under the Govern
ment of said Territory.
SEC 8. Ind be Il further enacted, That the Judi
CltA power Vi Sdlu SldlA NC NCStSA III a
Supreme Court, District Courts Probate Courts,
and in Justices of the Peace. The Supreme Court
shall consist of Chief Justice and two Associate
Justices, any two of whom shall constitute quo
rum, and who shall hold term at the seat of
| Government of said Territory annually, and they
shall hold their Offices during the period of four
years and until their successors shall be appoint
ed and qualified. The said Territory shall be di-
vided into three judicial districts, and a District
Court shall be held in each of said districts by
one of the Justices of the Supreme Court, at such
times and places may be prescribed by law /;
and the said judges SHALL after their appoint
ments, respectively reside in the districts which
shall be assigned them. The jurisdiction 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: PrOUided That Justices of the Peace shall
not have jurisdiction Of any matter in controversy
when the title or boundaries of land may be in
dispute, or where the debt or sum claimed shall
exceed one hundred dollars and the said Su-
preme and District Courts, respectively, shall pos
sess chancery as we'll as common law jurisdiction.
Each District Court, or the judge thereof, shall
appoint its clerk who shall also be the register
in chancery, and shall keep his office at the place
where the court may be held. Writs of error,
bills of exception, and appeals, shall be allowed
in all cases from the final decisions of said Dis
trict Courts to the Supreme Court, under such
regulations as may be prescribed by law but in
no case removed TO the Supreme 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 Office
at the pleasure of the court for which he shall
have been appointed. Writs of error and APP
peals from the final decisions Of said Supreme
Court, shall be allowed, and may be taken to the
Supreme Court of the United States, in the same
manner and under the same regulations from
the Circuit Courts of the United States where the
value of the property, or the amount in cOntro-
versy, to be aScertained by the oath or afirma-
ton Of either party, or other competent witness,
shall exceed one thousand dollars except only
that in all cases involving title to slaves the said
wrts Of error or appeals shall be allowed and de-
cided by the said Supreme Court, without regard
to the value Of the NATTER property, or title in
controversy; and except also that writ Of error
or appeal shall also be allowed to the Supreme
Court of the United States, from the decision of
the said Supreme Court created by this act or of
any Judge thereof or of the District Courts created
by this act, or of any judge thereof, upon any
writ Of habeas corpus, involving the question of
personal freedom: ProUided, That nothing herein
contained shall be construed to apply to or affect
the provisions of the Z" act respecting fugitiyes
from justice, and persons escaping from the
vice of their masters" approved February twelfth
seventeen hundred and ninety-three, and the
Z" act to amend and supplementary to the afore-
said act" approved September eighteen eighteen
hundred and fifty and each of the said District
Courts shall have and exercise the same jurisdc-
ton, in all cases arising under the Constitution
and laws of the United States, rs is vested in the
Circuit and District Courts of the United States
and the said Supreme and District Courts of the
said Territory, and the respective judges thereof,
shall and may grant writs of habeas corpus in
all cases in which the same are granted by the
judges of the United States in the District of CO.
lumbia and the first six days of every term of
said courts, or so much thereof as shall be
sary, shall be appropriated to the trial of causes
arising under the said Constitution and laws, and
writs of error and appeal in all such cases shall
be made TO the Supreme Court of said Territory,
the same as in other cases. The said clerk shall
receive in all such cases the same fees which the
clerks Of the district courts Of Utah Territory
now receive for similar service.
SEC. 10. Ind be IL further enacted, That the
provisions of act entitled "An act respecting
lugitives from justice, and persons escaping from
the service of their masters" approved February
twelve, seventeen hundred and ninety-three, and
the provisions of the act entitled "An act to
amend and supplementary to the aforesaid act, "
approved September eighteen, eighteen hundred
and fifty, be, and the same are hereby, declared
to extend to and be in full force within the limits
of said Territory of Nebraska.
SEC. II. And be Il further enacted, That there
shall be appointed an Attorney for said Territory,
who shall continue in Office for -four years, and
until his successor shall be appointed and quail
fed, unless sooner removed by the President, and
who shall receive the same fees and salary as the
Attorney of the United States for the present Ter
ritory of Utah There shall also be a Marshal foI
| the Territory appointed, who shall hold his Office
for four years, and until his successor shall be-
| appointed and qualified, unless sooner removed
Al i i
cesSes issuing from the said courts when exerci-
sing their jurisdiction as Circuit and Distric
Courts of the United States; he shall perform the
duties be subject TO the same regulations anC
penalties, and be entitled to the same fees as the
Marshal of the District Court of the United State.
for the present Territory of Utah, and shall, il
addition, be paid two hundred dollars annually
as a compensation for extra services.
| SEC u. And be it further enacted That thu
Governor, Secretary Chief Justice, and Associate
Justices, Attorney, and Marshal, shall be nom
mated, and, by and with the advice and consen
of the Senate, appointed by the President Of the
United States. The Governor and Secretary tC
| be appointed as aforesaid, shall, before they ac
| as such, respectively take oath or affirmation
before the District Judge or some Justice of the
Peace in the limits of said Territory, duly author
| lied TO administer oaths and affirmatons by the
| laws now in force therein, or before the Chic
| Justice or some Associate Justice of the Supreme
Court of the United States, to support the Con.
stitution of the United States, and faithfully tC
discharge the duties of their respective offices
which said oaths, when so taken, shall be cert
| fed by the person by whom the same shall have
been taken; and such certificates shall be received
and recorded by the said Secretary among tn,
executive proceedings and the Chief Justice anC
Associate Justices, and all other civil officers il
said Territory, before they act as such shall TAX
like oath or affirmation before the said Gov
/ nrS ncrntarr- Or Inlrn I,rt 4,