Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-06-03


Governor alone may appoint all said officers, who shall ho
their Offices until tho end Of the first session Of the Leg
lative Assembly, and sha lay off the necessary distrc
for members Of the Council and House OF Representative
and all other officers.
!, Sec s. And be Il further enacted, That no member
the Legislative Assembly shall hold, be appointed 4
any Office which shall have been created, or the salary
emouments Of which shall have been increased while
was member during the term for which he electe,
and for one year after the expiration Of such br
this restriction shall be applicable TO members Of th
first Lsgs atiye Assembly, and no person holding CON
mission appointment under the United States exceI
postmaster shall be member of the Legislative Assem-
bly, hold any Office under the Government of said Tel
ritory.
Sec. g. Asd5e further enacted That the judicial powe
of said Territory shall be vested in supreme court dis
rict courts probate courts and in justices Of the peace
The supreme shall consist of chief justice and
associate Justices any two of whom shall constitute
quorum and who shall hold term at the seat of govern
ment of said Territory annually and they shall hold thei
offices during the period of four years, and until thei
shall be appointed and qualified The said Ter
rtory 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 times
places as may be prescribed by law and the said judges
shall, after their appointments, respectively reside in thu
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 JUS
tees of the peace, shall be limited by law Propdea
That justices Of the peace shall not have Jurisdiction OF
any matter in controversy when the title or boundaries
Of land may be in dispute where the debt or sum claim
ed shall exceed hundred dollars; and the said SUI
preme and district courts, respectively shall possess
chancery well law jurisdiction. Each dis
ct court the judge thereof shall appoint its clerk,
who shall also be the register in chancery and shall keep
his Office OF the place where the may be held Wrts
of error bills Of exception, and appeals shall be allowed
in all 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 su-
preme court shall trial by jury be allowed in said court
The supreme court the justices thereof shall appoint
its clerk aud every clerk shall hold his Office at the
pleasure Of the court for which he shall have been APP
pointed Wrs of error and appeals from the final deci-
sons OF said supreme court shall be allowed and may be
taken to the Supreme Court of the United States in the
same and under the regulations from the
circuit courts of the United States where the value of the
property or the amount in controversy Ito be ascerained
by the oath or affirmation of either party, other
petent Witness shall exceed thousand dollars except
only that in all involving title to slaves the said
wrts of error appeals shall be allowed and decided by
the said supreme court without regard to the value of the
matter property title in controversy and except also
that writ of appeal shall also be allowed to the
Supreme Court of the United States from the decision Of
the said supreme created by this act Of any
judge thereof of the district created by this act
or Of judge thereof upon any writ Of habeas corpus
involving the question Of personal freedom Provided
That nothing herein contained shall be construed apply
to or affect the provisions to the respecting fugves
from justice and persons escaping from the service Of
their masters, approved February twelfth seventeen
hundred and niney-three and the "act to amend and
supplementary to the aforesaid act approved September
eighteen, eighteen hundred and fifty; and each of the
said district courts shall have and exercise the s
risdcton 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 of the said Territory and the respec
tive judges thereof shall and may grant wrts Of habeas
corpus in all in which the granted by the
judges OF the United States in the District of Columbia
and the first six days of every of said courts or so
much thereof he
to the trial of arising under the said Constitution
and laws and wrts of and appeal in all such
shall be made to the supreme court of said Territory the
in other cases. The said clerk shall receive in
all such the fees which the clerks of the dis
trct courts of Utah Territory receive for similar
services.
Sec. TO- And be it further enacted That the provisions
of act entitled San act respecting fugives from JUS
tce and persons escaping from the service of their
ters approved February twelve seventeen hundred and
and the provisions Of the entitled An
act to amend and supplementary to the aforesaid act"
approved September eighteen eighteen hundred and fifty
and the hereby declared to extend to and be
in full force within the Limits Of said Territory of Ne
braska.
Sec IL. And belt further enacted That there shall be
appointed attorney for said Territory who shall
tnue in Office for four years. and until his shall
be appointed and qualified unless removed by the
President and who shall receive the fees and salary
as the attorney Of the United States for the present Ter
rory of Utah. There shall also be marshal for the Ter
rory appointed who shall hold his office for four years.
and until his successor shall be appointed and qualified
unless removed by the President and who shall
cute all processes issuing from the said courts when
csng their circuit and district courts of the
United States he shall perform the duties be subject
the regulation 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
compensation for extra services.
Sec r. And be IL further enacted That the governor,
secretary chief justice, and associate Justices attorney
and marshal shall be nominated and by and with the
advice and of the Senate appointed by the Pre
dent of the United States The governor ana secretary
be appointed aforesaid SHALL before they act
such, respectively take oath affirmation before the
district judge justice Of the peace in the limits of
said Territory duly authorized to administer oaths and
armatons by the laws in force therein, before
the chief justice associate justice of the Supreme
Court Of the United States to support the Constitution of
the United States and faithfully discharge the duties
of their respective Offices, which said oaths, when
TAKEN shall be certified by the person by whom the
shall have been taken and suchocerfcates shall be
ceived and recorded by the said secretary among the
executive proceedings and the chief justice and associate
Justices and all other civil officers in said Territory be-
fore they act such, shall take like oath affirmation
before the said governor secretary, judge
justice of the peace of the Territory who may be duly
commissioned and qualified, which said oath or arma
ton shall be certified and transmitted the person taking
the to the secretary to be by him recorded afore
said and afterwards, the like oath affirmation shall
be taken, certified, and recorded, in such ant
form may be prescribed by law The governor shall
receive annual salary Of two thousand five hundred
dollars The chief justice and associate justices shall eaci
receive annual salary otwo thousand dollars The
tary shall receive annual salary OF two thousand dollars
The said salaries shall be paid quarteryearly from tn,
dates Of the respective appointments OF the treasury
the United States; but such payment shall be mad
until said officers shall have entered upon the duties o
respectiyc members q