Washington sentinel., 1854-01-07


the Territory of Nebraska. The governor shall
nominate, and by and with the advice and consent
of the legislative council, appoint all officers not
herein otherwise provided ior and, in the first in
stance, the governor alone may appoint all said Of
fcers, who 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 IL further enacted, That no mem
ber of the legislative assembly shall hold, be APP
pointed TO- any Office which shall have been
ated, or the salary or enoluments 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
striction shall not be applicable to members of the
first legislative assembly and no person holding a
commission or appointment under the United
States, except postmasters, shall be member of
the legislative assembly or shall hold any Office
under the government OF said Territory.
SEC. o. A,id be IL further enacted, That the Judi
cal 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 chief justice and two associate Justices
any two of whom shall constitute q 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-
dcial districts and district court shall be held in
each Of said districts by Of the Justices Of the
supreme court. al 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 Prorided, 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
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
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-
gulatons 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 its own 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
",
competent witness, shall exceed one thousand dol
lars except only that in all involving title
TO slaves, the said writs Of error or appeals shall
be allowed and decided by the 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 Of any Judge thereof or Of the district courts
created by this act, or OF any Judge thereof upon
any writ of habeas corpus, involving the question
OF personal freedom; and each Of the said district
courts shall have and exercise the same Jursdic-
ton in all cases arising underline Constitution and
laws OF the United States 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 wrts of habeas co1pns 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,
so much thereof as shall be necessary, shall be
appropriated 10 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. Amd Be il further enacted, That the pro-
visions of the act entitled /" An act respecting fu-
gtives from justice and persons escaping from the
service of their masters" approved February IL, 4
1893, and the provisions of the act entitled An
act TO amend, and supplementary to, the aforesaid
act" approved September Is, 1850, be, and the
same are hereby declared to extend TO and be in
full force within the limits Of said Territory Of Ne
braska.
SEC. II. And be 1t further enacted, That there
shall be appointed an attorney for said Territory
who shall continue in Office for four years, and un
I'll 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 marshal for
the Territory appointed, who shall hold his Office
for four years and until his successor shall be ap-
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 of the
United States he shall perform the duties, be sub
lect to the same regulation and penalties, and be
entitled to the same fees as 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 II. And be Il further enacted, That the gov
ernor, secretary chief justice and associate jrsti-
ces, attorney and marshal, 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 10 be APP
pointed as aforesaid SHALL before they act as SUCH
take an Oath or animation before
the district Judge some justice Of the peace in
the limits OF said Territory duly authorized TO ad-
minister oaths and afirmations 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 to discharge the
duties Of their respective offices, which said oaihs
when so taken, shall be certified by the person by
whom the same shall have been taken; and such
certificates shall be 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
mitted, by the person taking the same to 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 hun
dred dollars as governor, and fifteen hundred dol
ars as superintendent of Indian Affairs. The |
chief justice, and associate justices, shall each
receive an annual salary of two thousand dollars
The secretary shall receive an annual salary Of