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

the United States nor shall the lands or property
OF nonesdents be taxed higher than the lands or other
property Of residents All the laws passed by the Legs
atve Assembly and Governor shall be submitted to the
Congress Of the United States and If dsapproved shall
be null and Of no effect.
Sec 27 And be it further enacted that all township
district, and county officers, not herein otherwise pro-
ved for shall be appointed or elected IA the case nay
and Legislative Assembly OF TIE Territory OF Kansas The
Governor shall nominate and by and with the advice
and consent Of the Legislative Council, appoint all of
not herein otherwise provided for and in the hrs
instance the Governor alone may appoint all said officers
who shall hold their Offices until the OF the FIRST
sisn of the Legislative Assembly and shall lay OF the
necessary districts for members of the Council and House
Of Representatives and all other officers
See IS And be IL fusther enacted that member of
the Legislative Assembly shall hold, be appointed to-
any Office which shall have been created the salary
emolumens Of which shall have been increased, while
he was member, during the term for which he was
elected and for year after the expiration OF such
term but this restriction shall not be applicable to
members Of the first Legislative Assembly and person
holding commission appointment under the United
States, except postmasters shall be member Of the
Legislative Assembly, shall hold any Office under the
go, eminent of said Territory.
Sec 90 And be 1t further enacted that the judicial
power of said Territory shall be vested in supreme
court district courts probate courts and in justices Of
the peace. The supreme court shall consist Of chief
justice and two associate Justices two Of whom shall
constitute quorum 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
The said Territory shall be divided into three judicial
districts and district court shall be held in each OF
said districts by of the justices Of the supreme court
at such time and places as may be prescribed by law;
and the said judges shall, after their appointments
respectively, reside in the districts which shall be
signed them jurisdiction Of the several courts here
in provided for both appellate and original and that Of
the PROBATE courts and Of justices Of the peace shall be
limited by law Provided that justices ofthe peace
shall not have jurisdiction Of any matter in controversy
when the title boundaries of land may be in dispute
where the debt claimed shall exceed one hun
died dollars and the said supreme and district courts
shall possess chancery as well as common
law jurisdiction Each district court or the Judge there
Of shall appoint its clerk Yho shall also ~ wv register
in chancery and shall keep his Office at the place where
the court may be held Wrts of bills OF exception,
and appeals shall be allowed in all from the na
decisions OF said district courts to the supreme court
under such regulations as may be prescribed 6y ou
in removed to the supreme court shall tral ~
Jury be allowed in said court The supreme coul'
justices thereof shall appoint its own clerk ana every
clerk shall hold his Office at the pleasure Of the court or
which he shall have been appointed. Wrts OF error,
and appeals from the final decisions OF saia supreme
court, shall be allowed, and may oe takeh 70 tne gu
preme Court of the United States in tne same manner
and under the same regulations a fl an me crcuir
courts of the United States where the Oh the pro
Ier'y or the amount in controversy, to be asce ~ ~
the oath or Affirmation of either party other cope
tent witness, shall exceed thousand dollars except
only that in all cases involving title to slaves the said
writs OF appeals shall be allowed and decided by
the said supreme court without regard to the value OF
the matter, property title in controversy and
cept also that writ Of error or appeal shall also be al
lowed TO the Supreme Court Of the United States from
the decision Of the said supreme court created by this
Of judge thereof the district courts created
~
Hapeas corpus involving the question OF personal
freedom Provided that nothing herein contained shall
e construed to apply to affect the provisions of the
"act respecting fugtyes from justice and persons
Gaping from the service Of their masters" approved
February twelfth seventeen hundred and ninety three
and the act to amend and supplementary to the afore
said act approved pember eighteenth eighteen hun
dred and fifty and each of the said district courts shall
have and the same jurisdiction in all cases ars
ing under the constitution and laws OF the United States
as is vested in the circuit and district Of the Uni
ted States and the said supreme and district courts OF
Tarrsfn t1a~
shall and grant writs Of habeas corpus in all
In which the same are granted by the judges of the Uni
yea STATES IN the District OF Columbia and the first six
days OF every term of said courts much thereof
shall be necessary shall be appropriated to the trial of
causes arising under the said constitution and laws and
wrs OF error and appeal in all such shall be made
to the supreme court Of said Territory the in
other The said clerk shall receive in all such
the fees which the clerks the district courts Of
Utah Territory receive for similar services.
Sec go And be further enacted That the provisions
Of the act entitled An act respecting fugives from
justice and persons escaping from the service of their
masters" approved February twelfth, thousand
hundred and ninety three and the provisions the
the aforesaid act" approved September eighteenth
thousand eight hundred and fifty, be, and the
hereby declared TO extend to and be in full force within
the limits OF said Territory, Of Kansas.
Sec 81. And be IL further enacted That there shall be
appointed an attorney for said Territory who shall CONT
in Office for four years and until his shall
be appointed and qualified unless by the
Pr,"ide and who shall receive the fees and salary
as attorney 81 the United States for the present Ter
Territory appointed who shall hold his Office for four
years and until his shall DO appointed and
qualified unless rrmoved by the President and
who shall execute all processes issuing from the said
courts when exercising their jurisdiction circuit and
district courts OF the United Sates he shall perform the
duties be subject to the regulation and penalties
and be entitled the fees the marshal the
district court of the United States for the Terri
tory Of Utah. and shall in addition paid two hundred
dollars annually, compensation for extra services.
Sec 49, And be 1t further enacted, That the Governor
secretary chief and associate Justices attorney and
hal
and consent Of the Senate appointed By the President of
the United States The and Secretary ap
spectvey take oath affirmation before the district
Judge some justice Of the peace in the limits of said
Territory duly authorized to administer oaths and arma
tons by the Laws now in force therein or before the
chief justice some associate justice OF the Supreme
Court d the United States support the constitution
the United States and to dschsrre the du
ties their respective Offices which said oaths when 40
taken, shall be certified by the person by whom the
shall have been taken and such certificates shall be
ceved and recorded by the said Secretary among the
executive proceedings and the chief justice and
ciae Justices and all other civil officers in said Terri
tory, before they act such shall take like oath
affirmation before the said Governor or or some
judge justice Of the Of the Territory who may
be duly commissioned and qualified, which said oath
affirmation shall be certified and transmitted by the
person taking the to the Secretary to be BY him
recorded aforesaid and afterwards the like oath
affirmation shall DO taken certified recorded in such
manner and fsrm as may be prescribed by law The
Governor shall receive annual salary Of fifteen hundred
dollars as Governor and fifteen hundred dollars
perntendent OF Indian affairs The chief Justice and
associate justices sha each receive annual salary of
two thousand dollars. The Secretary shall receive
annual salary Of two thousand dollars The said salaries
shall be paid yearly from the dates of the
spectve Appointments at the treasury of the United
States but NO such payment shall be made until said
officers shall have entered upon the duties Of their
spectve appointments The members Of the Legislative
Assembly shall be entitled to receive three dollars each
per day during their attendance Mt the thereof
and three dollars each for every twenty miles travel in
going 10 and returning from the said sessions estimated
according to the nearest usually travelled route and
ball lon