Kansas weekly herald., 1854-10-27

% SiAe-kA OS uctclii4iucu Ug yeas dLlN nays,
to be entered on the journal each hoslze,
rsspsstivelyk Itany bill shaH not bs Fe-
tnrncd by the &oyernoT within three Jays
fSundsys excepted )afefit shall hare BEEN
presented to HTn, the same shaH be a law
d like mannef as if he had siened il, ln-
less the Assembly, by adjoufnzaent 5ire-
yentdts return, In which case its shall not be
law.
SEC. 25. And be it further enacted, Thes
all township, district, and county eftcaSk
not herein otherwise provided for, SD
appointed or elected as the case may
such manner as shall be provided by the
Governor and the Legislative Assembly of
the Territory of Kansas. The Governor
shall nominate, and, by and with the advice
and consent of the Legislative Council, ap-
point all officers not herein otherwise pro-
yided for; and, in the first instance, the
Governor alone may appoint all said Off
GERS, who shall hold their offices until the
end Of the first session of the Legislative
Assembly; and shall lay off the necessary
districts for members of the Council and
House of Representatives, and all other
officers. -. -ti ,fiz1e -
SEC. 26. And be it further enacted, That
no member of the Legislative Assembly
shall hold, or be appointed to, any office
which shall have been created, or the sala-
~ or emoluments ofswhich shall have been
increased, while he was member, during;
the term for which he was 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 a commission or ap-
pointment under the United States, except
pestmasters, shall be a member of the Lee
gislative Assembly, OF shall hold any Office
under the government of said Territory.
SEC. 81. And be it further enacted, That
the judicial power of said Territory shall be
vested In a supreme court, district courts,
probate courts, and In justices of the peace.
The Supreme Court shall consist of a chief
justice and two associate justices, any 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 until their successors shall be
appointed and qualified. The said Terri
tory shall be divided into three judicial dis
tricts. and district court shall be held In
each of said destricts by one ofthe justices of
the Supreme Court, at such times and places
as may be prescribed by law; and the said
Judges shall, after their appointments, re-
spectiyely, reside in the districts which shall
be assigned to them. The Jurisdiction of
the several courts herein provided for, both
appellate and original, and that of the pro-
bate courts and justices of the peace, shall
be as limited by law: Provided, That JUS
tees of the peace, shall not have jurisdic-
ton of any matter In controversy when the
title or boundaries of land may be In dis
pute, or where the debt or sum claimed shall
exceed one hundred dollars and the said
supreme and district courts, respectively,
shall possess chancery as well as common
law jurisdiction. Each district Court, or
the Judge thereof, shall appoint its clerk,
who shall also be the register in ehancery,
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 decision OF said
district courts to the Supreme Court, under
such regulations as may be prescribed by
law: but in no case removed to the SUI
preme 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 ap-
peals from the final decisions of said su-
preme 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 as from the Circuit Courts
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 involving title to
slaves, the said writs of error or appeals
shall be allowed and decided by said SUI
preme court, without regard to the value Of
the matter, property, OF title in controversy;
and except also that a writ of error or ap-
peal shall also be allowed to the Supreme
Court of the United States, from the deci-
sion of the said supreme court created by
this act, or of any Judge thereof, or of the
Judge thereof, upon any writ of habeas cor
pus, involving the question of personal
| freedom: Provided, That nothing herein
contained shall be construed to apply to OF
affect the provisions of the ttact respecting
| fugitives from justice, and persons escaping
| from the service of their masters, ap-
proved February twelfth, seventeen hum
Gred and ninety-three, and the "aet to-as<
mend and supplementary to thle aforesaid
act,' approved Septeea9sbeT eighteenth, eigh-
teen hundFeeaa and fifty; and each of the said
district courts shall have and exercise the
Same jurisdiction in all cases arising under
the Constitution and laws of the United
States as is vested in the Circuit and Dis
trict Courts Of the United States and the
said supreme and district courts of the said
Territory, and the respective judges there
L e Il. hoh cor