The true Democrat., 1854-07-05

vacancy shall otherwise occur in either branch of the Legisauve Assembly, the Governor shall order new eecton and the persons thus elected to the Legsla tive Assembly shall meet at snch place and on such day as the Governor shall appoint but thereafter the ume place and manner of holding and conducting all elections by the people, and the apportioning the Tn the several counties or districts to the Council and House of Representatives according to the number of qualified voters shall be prescribed by
 law, as well as the day of the commencement of the regular sessions of the Legislative Assembly, Provd- ed that no session in any year shall exceed the term of forty days except the first session, which may continue sixty days.
 3. And be 1t further enacted, That every free white male nhabitant above the age of twenty one years who shall be actual resident of said Terrto- ry and shall possess the qualifications hereinafter pre- scrbed shall be entitled to vote at the first election and shall be eligible to any office within the said Ter
 tory; but the qualifications of voters and of holding oce at all subsequent elections shall be such as shall pc prescribed by the Legislative Assembly: Provided, that the right of suffrage and of holding office shall be exercised only by citizens of the United States and those who shall have declared on oath their intention to become such, and shall have taken an oath to sup Constitution of the United States and the pro- visions of this act: And provided further, That no oMcer, solder, seaman, marine or other person in the army or navy of the United States or attached to troops in the service of the United States shall be allowed to vote or hold office in said Territory by req son of being on service therein
 G. And be it further enacted That the legislative power of the Territory shall extend to all rghtu sub
 ects or Legislation consistent with the Constitution of the United States and the provisions of this act but no law shall be passed interfering with the primary disposal of the so no tax shall be imposed upon the property of the United States nor shall the lands or ooher property of residents be taxed higher than the lands or other property of residents. Every bill winch shall have passed the Council and House of Re- pfeseh1auves ot the said Territory shall before it be- come law, be presented to the Governor of the Ter Ii he approve, he shall sign it. but if not he snail return 1t with his objections to the House in which It originated who shall enter the objections at 1arge M on the journal and proceed to reconsider it, IT, aer such reconsideration thirds of that House shall agree to pass the bl it shall be sent together with the ob|ectnos to the other House. by which it snail likewise be reconsidered and if approved bv two thlrds o1 that House it shall become a law But in
 all seh cases the votes of both Houses shall be deter mined by yeas and nays to be entered on the journal or each House respectively. If any bill shall not be returned by the Governor within three days Sundays cxcepted) after it shall have been presented to him. tne same snail De law n like manner as if he had signed 1t, unless the Assembly, by adjournment. pre- vents its return, ill which case it shall not be law
 s |. And be 1t further enacted, That all Townshp District and County officers not herein otherwise pro- vided 1or shall be appointed Of elected as the case may be- in such manner as shall be provided by tbe Governor and Legislative 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 pro- vded 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 Lepisla uve Assembly, and shall lay off the necessary dis tlcts for members of the Council, House of Repre- sentatives. and all other officers.
 $ s. And be 1t further enacted That no member of the Legislative Assembly shall hold or be appointed to. any ofhce which shall have been created or the salary or emo uments of which shall have been in creased while he was 6 member, during the term for which he was elected and for one year after the ex Piraton of such term but this restriction shall not De applicable to members of the first Legislative As sembiy; and no person holding commission or ap- polntment under the United States except postmas- teTs, shall be member of the Legislative Assembly or hold any office under the Government of said Ter rtory.
 g. And be it further enacted, That the judicial power of said Territory shall be vested in Supreme Court District Courts Probate Courts, and in Jus tces of the Peace. The Supreme Court shall consist of Chief Justice and two Associate Justices any two of whom shall constitute quorum: and who shall hold term at the of Government of said Territory annually. and they shall hold their offices during the period of four years and until their suc cessors shall be appointed and qualified. The said 1erltory shall be divided into three judicial districts and District Court shall be held in each of said dis
 rlcts by one of the justices of the Supreme Court at such Iifnes and places as may be prescribed by law and the said judges shall, after their appointments respectively, reside in the districts which shall be as signed them The jurisdiction of the several courts hereln provided for both appellate and original and thI the Probate Courts and of Justice of the Peace
 
 of the Peace shall not have jurisdiction of any mat ter Tn controversy when the title or boundaries of land may be in dispute, where the debt or sum claimed shall exceed one hundred dollars; and the said Su- pEene ana District Courts, respectively, shall possess chancely as well as common law jurisdictops Each District Court or the judge thereof shall appoint it's clerk, who shall also be the register in cbancerv and shall keep his office at the place where the court may pc heid; Mns of error, bills of exception and ap- peals shall be allowed in all cases from the final de- clsons ot said District courts to the Supreme Court under such regulations may be prescribed bv law but m no case removed to the Supreme Court shall tr1al by Jury be allowed in said The Supreme Court, or the justices thereof shall appoint it's own clerk and every clerk shall hold his office at the plea sure of the court for which he shall have been an pointed. Wrts of error and appeals from the final decisions Of said Supreme Court shall be allowed and may be taken to the Supreme Court of the United States m the same manner and under the same repu
 aons as from the circuit courts of the United States where the value of the property the amountn con- troversy to be ascerained by the oath or affirmation "f either party or other competent witness, shall ceed one thousand dollars; except only that in all cases involving title to slaves the said writs of error appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property or title in controversy and except also that Wf7t of error appeal shall also be allow ed to the Supreme Court of the United States from the decision of the said supreme court created by this act or judge thereof the District Courts created by this act or of any judge thereof, upon any writ Ol udlcdS uVOIVlug the QueStOn Of personal freedom Provided That nothing herein contained shall be construed to apply to effect the provisions of the act respecting fugitives from justice and per escaping from the service of their masters ap proved February twelfth, seventeen hundred and ninety three and the act to amend and supplemental to the aforesaid act approved September ghteen eighteen hundred and fifty; and each of the said Dis tct Courts shall have and exercise the same iuris dicen in all arising under the Constitution and laws of the United States 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 wrats of habeas corpus in all in which the same are granted by the judges of the United States in the District of Colunba and the first six days of every term of courts much thereof shall be neces ray shall appropriated to the trial causes arising un der the said Constitution and laws and writs oferro and appeal in all such shall bemade to the Supreme Court of said Territory, the 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 Terrtory now receive for similar services
 s 10 And be it further enacted, That the provi- sions of act entitled An act respecting fueitives from justice and persons escaping from the service of their s1asers," 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 ffy be and the same are here by declared to extend to and be in full force within