The Kansas herald of freedom., 1854-10-21

/ legislative assembly, and shall lay OH III
/ the necessary districts for memheIy Of til
council and house Of representatives. an
all other officers.
SFc. &c. Aad be II FURTHER eaaete'
That no member ef the legislative assem-
blE shall hold, or be appointed TO any d
! fee whief shall have been created, OF th
salary or emolnments of which shall bay
( increased while he was member, durin
the term for which he was elected, an
for one year after the expiration of sue
term, but this restriction shall not be ar
plicable to members OF the first iegiSla
tive assembly; and no person holding
commission or appointment under tn
United States, except post-masters, shal
be member of the Legislative assembly
or shall bold any office under the govern
ment of said Territory.
SEC. q. ARd be II further enocted
That lhe judicial power of said Territory
shall be vested in supreme court, dis
triet courts, probate courts, and justices o
the peace. The supreme court shall con
sist OF chief justice and two associate
justices, any two of whom shall consti
tute quorum, and whoshaIl hold term a
The seat of government OF said Territor,
annually, and they shall hold their office
during the period Of :our years, and unit
their SUCCESSORS shall be appointed ant
qualified. The said Territory shall bt
divided into three judicial districts, and E
district court shall be held in each Of said
districts by one of the justices of the su-
preme court, at such times and places as
may be prescribed by law; and the said
Judges shall, after their appointments, re-
spectfully 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: Pro
rided, That justices of the peace shall not
have jurisdiction of any matter in contro-
yersy when the title or boundaries of land
may be in dispute, OF when the debt or
sum claimed shall exceed one hundred
lollars; and the said supreme and district
courts, respectively, shall possess chancery
as well as common law jurisdiction. Each
district court, OF the Judge thereof shall
appoint its clerk, who shall also be the
register in chancrry, and shall keep his Of
tiee at the place where the court may be
held Wnts of error, bills Of exception,
aud appeals shall besallowed in eases from
the final decisions of said district courts 10
The supreme court, under such regulations
as NAV be prescribed BY law; but in no
case removed to the supreme court shall
trial by jury be allowed III said COURT
The supreme court, or the justices thereof
shall appoint It's own clerk, and every
clerk shall hold bis office al the pleasure of
the court for which he shall have been ap-
pointed. Wrts Of error and appeals from
the final decision Of said supreme court,
shall he allowed. and NAV he taken to the
supreme court OF the United States, where
the value of the property, or the amount
IN controversy, to be ascertained by the
oath or affirmation of either party, or
other competent witness, shall exceed one
thousand dollars; except only that IN all
cases inpoi"ing hHe 10 aapes, the said
writs of error or appeals shall be allowed
and decided by the said supreme court,
without regard to the value of the matter,
property, OF title III controversy; aud ex-
cept also that :. writ Of error OF appeal
shall alsG he allowed To the supreme court
Of the United States. from the decision Of
the said supreme court created 10y this act,
or of any Judge thereof, OF Of the district
courts created by this act, OF of any
Judge thereof upon any writ OF habeas
corpus, involving the question of personal
freedom: Prorided, That nothing herein
after contained shall oppiy to or effect
the provisions Of the "dct respecting fugi-
t;Ues from justice, and persons escaping
from the service OF their masters, approx
ed Feb'y tweLfh, seventeen hundred and
ninety-tEree, and tie "act to amend and
supplementary to the aforesaid oct, ap-
proved September eighteen hundred and
fifty; and each of said district courts
shall have and exercise the same jurisd1c-
tion in all cases arising under the consti-
tuition aud laws of the United States as 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 TO
the Judges of the United States in in the
District of Columbia; and che first six
days Of every term of said courts, or SO
much thereof as may be necessary, shall
be appropriated to the trial of causes afis-
ing under the said constitution and laws,
and writa 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 the
same fees in all such cases which the
clerks of the district courts of Utah terri
tory now receive for similar services.
Sec. %. And be 1T further enacted,
That the provisions Of the act entitled
"44a act respecting tugitices from justice,
and persons escaping from the serrice Of
their masters, "approced February taeeltth,
seUenteea hundred and ainety-three, and
the provisions of the act entitled "441a act
to amend and supplementary to ne otore-
said act" approved September eighteenth,
eighteen hundred a,sd .fJfy, be aud the
s.zp,e is hereby declared to extend TO. ana
TO Be an fill force oiiain the limits Of the
said Territory Of Kansas.
SIC. %. Aad be 1t 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 qualified, 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 Territory of Utah. There shall
also be marshal for the territory appoint
ed, who shall hold his Office for fonr years,
and until his successor be appointed and
qualified, unless sooner removed BY the
President, and who shall execute all pro-
oesses issuing from the said courts when