Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1854-03-23

with the advice of the legislative assem-
bly,. appoint all officers not herein other
wise provided for; and. in the first in
stance, the governor alone may appoint
all said officers. who shall hold their of
fee until the end Of the first session Of
the legislative assembly. and shall lay of
the necessary districts for m IN bers of the
council and house Of presentatiyes, and
all other officers.
SEC. 8. And be it further enacted
That no member cf the legislative assem-
5ly shall hold. or be appointed to any Of
fee which shall have been created. or the
salary or emoluments Of which shall have
been increased, while he was member,
during the term for which he was elect
ed. 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 hold
ing commission or appointment under
the United States. except Yost-masiers.
shall be member of the legislative as
sembly. or shall hold any Office under the
government Of said territory.
SEC. 8. And DC it further enacted,
That the judicial power OF said territory
shall be vested in a supreme court. dis
trict courts. probate courts, and in justi
ces of the peace. The supreme court
shall consist OF chief justice and two
associate Justices, eHy two OF " hoai shall
constitute quorum. and who shall hold
a term at the seat Of government Of said
territory annually; and they shall hold
their Offices during period Of four years.
and until their successors shall be ap
pointed and qualified. The said territory
shall be divided into three judicial dis
tricls. and district court shall be held
in each of said districts BY one of the
justices of the supreme court, at such
times and places may be prescribed by
law; and the said judges shall, after their
appointments respectfully. 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
limited by law; Prorided, That justices
Of the peace shall not have Jurisdiction
of any matter in controversy when the ii
tie or boundaries Of land may be in dis
pute, or where the debt or sum claimed
shall exceed One hundred dollars; anu the
said supreme and district courts, respect
lively shall possess chsncery as we'll as
common law jurisdiction. Each district
court. or judge thereof. shall appoint its
clerk, who shall also be the register in
chancery, 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 courts
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 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 Of
fice at the pleasure of the court for which
he shall have been appointed. %rits 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 man
ner 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 as
csriained by the oath or affirmation Of
either party. or other competent witness,
shall exceed One thousand dollars; excep
only that in all cases involving title 10
slaves, the said writs of error or appeals
shall be allowed and decided By the said
supreme court without regard to the val
lie OF the matter. property. 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. or of the district courts created
by this act. or of any judge thereof. upon
any writ of habcas corpus. involving the
question of personal freedom:
ProUided, That nothing herein con-
tanned shall be construed to apply to or
affect the provisions of the ''act respect
ing fugitives from justice, and persons
sSePA i'OM wv SSi'lSC VI tuclI uidS-
ters," approved February twelfth, seven
teen hundred and ninet ty- three. and the
"act to amend and supplementary to the
aforesaid uct." approved Septen Der eigh-
teenth, eighteen hundred 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 district courts Of the Uni |
ted States; and the said supreme and dis
trict 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 judg- |
es of the United States in the District of |
Columbia; md 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 cons titution and laws; and writs of |
error and appeal in all such cases shall. be !
made TO the supreme court Of said Terri
tory. the same as in other cases. The |
said clerk shall receive. in all such cases, |
the same fees which the clerks of the dis
trict courts of Utah Territory now receive
for similar services.
SEC. 10. And be st further enacted.
That the provision of an act entitled "An