Washington sentinel., 1854-01-10


the case may be, in such manner as shall be pro-
vided by the governor and Legislative assembly Of
of the Legislative council appoint all officers not
herein otherwise provided tor and. in the first in
stance, the governor alone may appoint all said Of
icers no 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 and House OF Representatives. and all
other officers.
SEC. s. And be n further enactcd That no mem
ber Of the Legislative assembly shall hold, or be APP
pointed TO, any Office which shall have been ere
aied, or the salary or emoluments Of which shall
have been increased, while he was member, dur
ing the term for which he was elected and for one
year after the expiration of such term but this re-
sriction shall not be applicable TO members of the
first Legislative assembly; and no person holding a
commission appointment under the United
States, except postmasters, shall be a member Of
the legislative assembly, or shall hold any Office
under the government of said Territory
SEC. Q. And be 1t further enacted, That the judi
cia 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.
any two of whom shall constitute a 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 Territory shall be divided into three ju-
dica districts, and district court shall be held in
each Of said districts by of the justices of the
supreme court. at such times and places as may
be prescribed by law; and the said judges shall,
after their appointments respectively, reside in
the districts which shall be assigned them. The
jurisdictions 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 Provided, That justices of
the peace shall not have jurisdiction Of any matter
in controversy when the title boundaries Of land
may be in dispute, 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 Judge thereof
shall appoint its clerk who shall also be the regis
ter in chancery and shall keep his Office at the
place where the court may be held. Writs of err
ror. bills of exception and appeals, shall be allow
ed IN all cases from the final decisions of said dis
trict courts to the supreme court, under such re-
gulations as may be prescribed by law but in no
case removed TO the supreme court shall trial by
jury be allowed in said court. The supreme court,
or the justices thereof shall appoint lis clerk,
and every clerk shall hold his Office at the plea
sure Of the court for which he shall have been ap-
pointed. Writs of error and appeals from the final
decisions of said supreme court, shall be allowed,
and may be taken to the Supreme Court of the
United States, in the same manner and nnder the
same regulations from the circuit courts OF the
United States. where the value Of the property or
the amount in controversy, 10 be ascertaned by
the oath or affirmation of either party, or other
competent witness, shall exceed one thousand dol
lars; except only that in all involving title
10 slaves, the said wrs Of error or appeals shall
be allowed. and decided blythe said supreme conrt
without regard 10 the value of the matter proper
ty. or title In controversy; and except, also, that
writ of error or appeal shall also be allowed TO
the Supreme Court Of the United States, from the
decision of the said supreme court created by this
act or of any Judge thereof Of the district courts
created by this act. or of any Judge thereof upon
sr,fL
OF personal freedom; and each Of the said district
courts shall have and exercise the same jurisdic-
ton in all cases arising under the Constitution and
laws Of the United States; as is vested in the cir
cult 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 by the Judges of
the United States in the District of Columbia; and
the first six days of every term OF said courts or
so much thereof as shall be necessary, shall be
appropriated TO the trial of causes arising under
the said Constitution and laws, and writs 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, in all
such cases, the same fees which The clerks Of the
district courts of Utah Territory now receive for
similar services
SEC. 10. Ind be Il further enacted, That the pro-
visions Of the act entitled g An act respecting fu-
gitives from justice and persons escaping from the
service OF their masters" approved February IL
1888, and the provisions Of the act entitled 9 An
act to amend and supplementary TO, the aforesaid
act, approved September Is, 1850, be, and the
same are hereby, declared TO extend 10 and be in
full force within the limits Of said Territory Of Ne
braska
SEC. IL. And be 10 further enacted That there
shall be appointed attorney for said Territory
who shall continue in Office for four years, and
III his successor shall be appointed and qualified
unless sooner removed by the President, and who
shall receive the same fees and salary as the at
torney Of the United States for the present Terri
tory Of Utah. There shall also be a marshal for
the Territory appointed who shall hold his Office
Tor four years and until his successor 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 district courts or the
United States; he shall perform the duties be sub
Ject TO the same regulation and penalties. and be
entitled 10 the same 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.
SEC IL. And be U further enacted, That the gov
ernor, secretary, chief justice and associate lusti-
ces, attorney and marshall shall be nominated,
and by and with the advice and consent of the
Senate, appointed by the President of the United
States. The governor and secretary TO be ap-
pointed aforesaid SHALL before they aot as such,
respectively take an oath or affirmation before
the district Judge or justice Of the peace IN
the limits OF said Territory duly authorized to ad-
minister oaihs and afirmaons by the laws now
in force therein, or before the chief justice or
some associate justice of the Supreme Court Of
the United States, to support the Constitution of
the United States, and faithfully 10 discharge the
duties of their respective Offices, which said oahs
when so taken, shall be certified by the person by
whom the same shall have been taken; and such
certificates shall he received 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 before they
act as such, shall take like oath or affirmation
before the said governor or secretary, or some
Judge or justice of the peace Of the territory who
may be duly commissioned and qualified which
said oath or affirmation shall be certified and trans.
mtted, by the person taking the same 10 the sec
retary, TO be by him recorded as aforesaid; and
afterwards, the like oath or affirmation shall be
taken, certified, and recorded in such manner and
form as may be prescribed by law The govern.
or shall receive an annual salary Of fifteen hum
dred dollars as governor, and ffepn hundred dol
Ia