The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-13

Sec g. And be il further enacted That the legislative
power Of the Territory shall extend to all righul sub
ecs of legislation consistent with the constitution Of
the United States and the provisions OF this act but
law shall be passed interfering with the pma disposal
OF the soil tax shall be imposed upon the property of
the United States; shall the lands other property
of be taxed higher than the lands or other
property Of residents All the laws passed by the egs
lative Assembly and Governor shall be submitted the
Congress of the United States and if dsapproyed shall
Sec I. And be it further enacted That all township
district and county officers not herein otherwise pro
vided for shall be appointed elected may
be- in such manner shall be provided by the Governor
and Legislative Assembly of the Territory Of Nebraska
The Governor shall nominate and, by and with the ad
vice 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 OF
the necessary districts for members OF the Council
House of Representatives, and all other officers
Sec g. And be II further enacted, That member of
the Legislative Assembly shall hold, be appointed to,
any Office which shall have been created the salary
he was a member, during the term for which he
elected, and for year after the expiration of such
term but this restriction shall not be applicable to mem
beers Of the first Legislative Assembly, and no person
holding commission or appointment under the United
States, except Postmasters, shall be member Of the
Legislative Assembly, shall hold any Office under the
government of said Territory
Sec. o. And be it further enacted, That the judicial
power Of said Territory shall be vested in Supreme
Court District Courts Probate Courts in Justices 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 ut
the seat Of Of said Territory annually and
they shall hold their Offices during the period ~ four
qualified The said Territory shall be d. AZ my. Ln anu
judicial districts, and District o.. hs h Hsd =;
each OF said districts by one Of the Justices Of the s
scrbea by law; and said Judges shall after their
pontments ctively reside in the districts which
sourt. " med them The jurisdiction of the several
"a rein provided for, both appellate and original
sna that of the Probate Courts and of justices Of tho
Iesce shall be as limited by law Provided That justices
Of the peace shall not have jurisdiction of matter in
controversy when the title boundaries of land
in dispute, where the debt claimed shall
hundred dollars and the said Supreme and District
common law jurisdiction Each District Court or the
judge thereof shall appoint it's clerk who shall also be
the register in Chancey 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 District Courts to
the Supreme Court under such regulations may be
prescribed by law; but in removed to the SUI
preme Court shall trial by jury be allowed in said
appoint It's own clerk, and every clerk shall hold his
Office at the pleasure Of the court for which he shall
have been appointed Writs Of and appeals from
the final decisions Of said Supreme Court shall be al
lowed and may DO taken to the Supreme Court of the
United States in the same manner and under the
regulations from the Circuit Courts Of the United
States where the value of the property the amount
in controversy to be ascertained by the oath arma
ton Of either party, other competent Witness shall
exceed one thousand dollars; except only that in all
involving title to slaves the said wrts Of
appeals shall be allowed and decided by the said Supreme
perry, or title in controversy; and except also that
writ of error appeals shall also be allowed to the
preme Court Of the United States from the decision
of the said Supreme Court created by this act Of
any judge thereof of the District Courts created
by this act or of any judge thereof, upon any
writ Of habeas corpus, involving the question of per-
sonal freedom Provided That nothing herein contained
shall be construed to apply to affect the provisions of
the act respecting fugiives from justice persons
escaping from the service Of their masters approved
February twelfth seventeen hundred and ninety three
and the aVt to amend and supplementary to the aore
mt Sapta a;Ohta a;y
hundred and fifty and each Of the said district
shall have and exercise the jurisdiction 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 wrts of habeas
pus in oil in which the granted by the
judges of the United States in the District Of Columbia
and the first six days of every term of said courts
much thereof shall be necessary, shall be appropri-
aed to the trial Of arising under the said cons
tuition laws wrts of and appeal in all such
shall be made to the supreme court Of said Terri
tory the as in other cases. The said clerk shall
receive in all such the fees which the clerks
of the district courts VI Tan territory now receive tor
similar services.
Sec TO- And be further enacted That the provisions
Of the act entitled can act respecting fugitives from
justice and persons escaping from the service of their
masters approved February twelfth, one thousand
seven hundred and ninety three and the provisions Of
the act entitled act TO amend and supplementary
the aforesaid act approved September eighteenth
thousand eight hundred and atty be, and the
hereby declared to extend to and be in full force within
Sec IL. And be it further enacted, That there shall
be appointed attorney for said Territory who shall
shall appointed qualified unless sooner
by the President and VINO shall receive the fees
and salary as the Of the United states for the
shall for the Territory appointed who shall hold hold his
Off ice for four years. and until his shall be APP
pointed and qualified, unless sooner removed by the
President and who shall execute all processes issuing
from the said courts when exercising their jurisdiction
as circuit and districts courts Of the United States he
III a mi Oil IN
ton and penalties and be entitled to the fees
the marshal Of the district court of the United States for
the present Territory Of Utah and shall in addition be
paid two hundred dollars annually as compensation
for extra services.
secretary chief justice and justice attorney and
marshal shall be nominated and by and with the advice
and consent of the Senate appointed by the President of
pointed aforesaid shall before they act SUCH
pectyey take oath affirmation before the district
Judge justice Of the peace in the limits OF said
Territory, duly authorized to administer oaths and AFR
nations by the laws in force therein before the
chief justice some associate justice Of the Supreme
Court of the United States to support the constitution of
the United States and faithfully to discharge the duties
Of their respective Offices, which said oaths when
sha have been TAKEN and such certificate shall be
ceved and recorded by the said secretary among the
Justices all other civil officers in said Territory be-
fore they act such, shall take like oath afrma-
ton before the said governor secretary judge
justice Of the peace of the Territory who may be duly
commissioned and qualified which said oath affirmation
shall be certified and Transmitted by the person taking
the same to the secretary to be by him recorded
Aforesaid; and afterwards the like oath affirmation
shall be taken certified and recorded in such
and form may be prescribed by law. The governor
shall receive annual salary of fifteen hundred dollars
governor, and fifteen hundred dollars superntend-
ent Of Indian affairs The chief justice and associate
Justices shall each receive annual salary of thou
sand dollars The secretary shall receive annual saa-
ry Of two thousand dollars The said salaries shall be
paid quarter yearly from the dates Of the respective sp
pontmens at the treasury of the United States but
such payment shall be made until said officers shall have
entered upon the duties Of their respective appointments
The members OF the Legislative Assembly shall be entitled
to receive three dollars each per day during their attend
every twenty miles tvef6 going to and returning from
the said sessions, estimated according TO the
ally travelled route; and extra allowance shall be
paid to the presiding officer of each for each day he shall
preside. And u chief clerk, assistant clerk, a
sergeant arms, and doorkeeper may be chosen for
each house and the chief clerk shall receive four dollars
per day. and the said other officers three dollars per day.
during the of the Legislative Assembly; but
other officers shall be paid by the United States Provi
died. That there shall be but session of the Legislature