The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-31

result rom n Sserp liking ont and the Ia
each Other eve law shall embrace but one object and
,v ac, w oppressed in the title OF the bill or act Aud
nssnta, nioh shall pass the council and house Of re-
=, re- res shall before IT becomes a law be present
60 ~ ~ for his signature. II he approve, he
% sn it, otherwise he shall return it to the house
W. II originated with his objections, who shall enter
so objections at large their journal, and proceed
= consider IT, IT. after sucn reconside ration jorty
ftwo thirds of the members elected to that house shall
again pass it, and have their entered upon their
journal upon call OF the yeas and said bill shall
the like reconsideration And II said bill shall in that
house. receive like majority, and their names be
il shall become law subject, nevertheless 10 review by
Congress- in other cases And II any bill shall be
returned BY the governor within three days (excludine
shall become law (unless Congress forbid ) in like
manner if he had signed it, unless the assembly, by
adjournment prevent its return in which case shall
Sec O. And be it further enacted, That the judicial
power Of said Territory shall be vested in supreme
court district courts probate courts and in justices of
he peace. The supreme court shall consist Of chief
usce and associate Justices any two OF whom shall
constitute quorum and who shall hold term at the
eat OF of said Territory annually and they
ha oa Their oces 10 oa our airs
ricts and district court shall be held in each OF said
districts by Of the justices of the supreme court at
UGH times and places may be escrbed by law; and
he said judges SHALL after their appointments respective
~ reside in the districts which shall be assigned them
both appellate and original and that Of the probate courts
and OF justices Of the peace shall be as limited by law
peace
dcon Of any matter in controversy when the title
boundaries of land may be in dispute or where the de
claimed shall exceed hundred dollars; and the
said supreme and district courts respectively, shall pos
sess chancery, well as common law jurisdiction Each
district court the judge thereof shall appoint its clerk
who shall also be the register chanc and shall keep
his flee at the place where the court may be held
wrts OF error, bills Of exception, and APP Is, shall be
allowed in all cases, civil criminal from the final de
csons Of said district courts to the court under
such regulations as may be prescribed by law but in
removed TO the supreme shall trial by jury be
thereof shall appoint its clerk and every clerk shall
bold his Office at the pleasure OF the which he
shall have appointed writs error and appeals
from the final decisions OF said supreme court shall be al
hereinafter limited, and may be taken the supreme
court Of the United States in the ssame manner and
under the regulations as from the circuit courts of
the United States but in civil suits where the value of
the property or the amount in controversy to be
tanned by the oath all maon of either party other
such appeal writ Of shall be alo wed and
each OF the said district courts shall have and exercise the
jurisdiction in oil cases arising under the consttu
ton and laws Of the United States is vested in the
circuit and district courts of the United States and the
much thereof shall be necessary shall be appropriated
thetra Of arising under the said constitution
and laws and writs of and appeal in all such
shall be made to the supreme Of said Territory the
in other The said clerk shall ;eive in
all such cases. the same fees which the clerks Of the dis
ict courts OF Nebraska Territory now receive for similar
services.
Sec. TO- And be further enacted That there shall
be appointed attorney for said Territory who shall con-
tnue in office tour years, unless by
the President and who shall receive the fees and
sent Territory Of Nebraska There shall also be marshal
tor the Territory appointed, whe shall hold his Office
four years. unless sooner removed by the President and
wEo shall all processes issuing from the said
courts when exercising their jurisdiction circuit and
cutes, be subject to the regulation and penalties,
and be entitled TO the regular fees, the marshal
Of district court Of the United States for the Ter
rory OF Nebraska. and shall, in addition, be pa two
hundred dollars annually as compensation for extra
services.
c. Ard - r,ho~ oca~,od IT,. A. c.ro.oor
secretary chief justice and associate Justices attorney
and marshal shat be nominated and by add with the
advice and consent Of the Senate appointed by the Pres
cent the United States. The governor and secretary
be appointed aforesaid shall before they SUCH
espcctvey take oath affirmation before the district
uoge or some justice OF the peace in the limits of said
lerrtory duly authorized 10 administer oaths and Affirm
chcl justice associate justice OF the Supreme
Court OF the United States 10 support the constitution of
the United Siates, and faithfully to discharge the duties Of
their respective Offices; which said oahs when taken,
shall be certified by the person by whom the shall
have been taken and such certificates hail be received
and recorded by the said secretary among the executive
proceedings and the chief just and associate justices,
and al other civil officers in said Territory before they act
such shall take like oath affirmation before the said
governor secretary, some judge justice OF the
peace Of The Territory, who may be duly commissioned
and qualified which said oath or affirmation shall be GER
ned and mt,ed, by tie person taking the same
be secretary, be hy him recorded Aforesaid; and
afterwards the like oath or affirmation shall be taken Ger
lied and recorded, 10 such manner and form may be
prescribed by law. The governor shall receive an annual
alary Of two thousand dollars governor. and one
ghe justice and associate justices shall each rccei
annual salary OF eighteen hundred dollars The secretary
ha receive an annual salary OF eighteen hundred dollars
The be pale quarter yearly the treasu
ny the United States The members OF the legislative
emby shall be entitled to receive three dollars each
day during their attendapce the sessions thereof
three dollars each for miles travel going
!, ans returning from the said sessions estimated accord
ing TO the usually travelled route. There shall
be appropriated annually the sum of thousand dol
lars, TO be expended by the to dcfray the
ngen expenses OF the Territory and there shall also be
appropriated annually sufficient sum TO be expended by
the secretary Of the Territory, and estimate 10
be made by the Secretary OF the Treasury Of the United
states aeay the expenses OF the legislative assembly,
the printing Of the laws and other Incidental expenses;
and the secretary Of the Territory sha annually
TO the secretary Of the Treasury the United states for
ne manner In which the Aforesaid sum shall have been
expended.
Sec H. And be further enacted That the inhabitants
Of the said Territory shall be entitled to all the rights,
privileges and mmunites granted and secured 70 all the
citizens Of the United states by the laws OF the United
states conflict with the provisions Of this act and
also all the rights, privileges and immunes guaranteed
by the constitution Of the United States and the laws Of
the United states are hereby extended over and declared
10 be IN force in said Territory far the same any
provision thereof, may be applicable.
Sec ID And be IL further enacted, That the legislative
assembly q the Territory Of Kansas shall hold is first
session at such time and place in said Territory the
governor theT shall APPOINT direct and at said
nrtt session, thereafter they shall deem
petsnt the and legislative assembly pro
coed to oca,e and establish the seat OF government for
sad Territory such place they may deem eligible,
which place, however may thereafter be subject 10 be
changed BY the legislative authority o. sad Territory
sec. Ia And be II further enacted That q delegate,
having the qualifications OF member Of the legislative
assembly in said Territory, 10 the House Of Representa-
Of the United states to for the term OF
year. may be elected by the voters qualified to elect
members Of the legislative assembly, at the first
election contemplated by this act, who shall be
entitled to the sane rights privileges as are ex
ercied and enjoyed by the delegates from the several
other Territories the United States TO the sad House OF
Representatives And thereafter such Delegates shall be
chosen such time may be prescribed by law, and
shs for the term OF two years The person hav
ing the greatest number OF votes for such delegate shall
be declared by the governor 10 be duty elected, and
certificate thereof shall be given accordingly.
Sec. 10. And be further enacted, That all suits pro
proceedings civil and criminal, law and
chanocry, and AL indictments and informations which
shall be pending and undetermined the courts of the
Territory Of Kansas of New Mexico when this act
shall take Effect tha remain In said courts where pend
ing, TO be heard, tried prosecuted and determined In
such courts though this act bad not b. passed Pro
yded, nevertheless That all criminal prosecution.
pending in any q the courts Of the Territory OF Kansas