The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-09-05

by the Legislature under such rules and limi
tations as are in this Constitution prescribed
He may on extraordinary occasions convene
both Houses of the Legislature. He shall
take care that the laws be faithfully execut.
ed, ill any vacancy that may occur in the Of
flee of Secretary of State, Treasurer, Auditor
Attorney General, and such other State and
District Offices as may be hereafter created
by law, until the next annual election, and
until their successors are chosen and quail
fed.
Sec. 5. The official term of the Secretary
of State, Treasurer and Attorney General
shall be two years. The official term of the
Auditor shall be three years, and each shall
continue in Office until his successor shall
have been elected and qualified. The Gov
ernor's salary for the first term under this
Constitution shall be two thousand five hun
dred dollars per annum. The salary of the
Secretary of State for the first term shall be
fifteen hundred dollars per annum. The Au-
ditor, Treasurer and Attorney General shall
each, for the first term, receive a salary OF
one thousand dollars per annum. And the
further duties and salaries of said Executive
officers shall each thereafter be prescribed by
law. sa aas 9se
Sec. g. The Lieutenant Governor shall
be ex- Oficio President of the Senate, and in
case vacancy should occur. from any cause
whatever, in the Office of Governor, he shall
be Governor during such vacancy. The COM
pensatiOn of Lieutenant Governor shall be
double the compensation of a State Senator.
Before the close of each session of the Senate
they shall elect President protempore, who
shall be Lieutenant Governor in case va
cancy should occur in that Office.
Sec. Z. The term of each of the Execu-
tive offices named in this article, shall COM
mence upon taking the oath of Office, after
the State shall be admitted by Congress into
the Union, and continue until the first Mon
day in January, 1860, except the Auditor,
who shall continue In Office until the first
Monday in January, 1861, and until their
successors shall have been duly elected and
qualified.
Sec. 8. Each officer created by this Ar
ticle, shall before entering upon his duties,
take an oath or affirmation to support the
Constitution of the United States, and of
this State, and faithfully discharge the du
ties of his Office to the best of bis Judgment
and ability.
Sec. 9. Laws shall be passed at the first
session of the Legislature after the State is
admitted into the Union to carry out the
provisions of this Article. ...-.
M ARTICLE SIXTH
judicial.
Section. l. The Judicial power of the
State shall be vested in Supreme Court,
District Courts, Courts of Probate, Justices
of the Peace, and such other Courts, inferior
to the Supreme Court, as the Legislature
may from time to time establish by two
thirds vote.
Sec. 2. The Supreme Court shall consist
Of one Chief Justice and two Associate
Justices, but the number of Associate JUS
tees may be increased to number not ex-
feeding four, by the Legislature, by two
chirds vote, when it shall be deemed necessa-
ry. 1t shall have original Jurisdiction in such
remedial cases as may be prescribed by law,
and appellate jurisdiction in all cases, both
in law and equity, but there shall be no trial
by jury in said Court. 1t shall hold one or
more terms in each year, as the Legislature
may direct, at the Seat of Government, and
the Legislature may provide by thirds
vote, that one term in each year shall be held
in each or any Judicial District. 1t shall be
the duty of such Court to appoint Repor-
ter of it's decisions. There shall be chosen
by the qualified electors of the State, one
Clerk of the Supreme Court, who shall hold
his Office for the term of three years, and I'M
til his successor is duly elected and qualified,
and the Judges of the Supreme Court, or a
majority of them, shall have the power to fill
any vacancy in the office of Clerk of the Su-
preme Court until an election can be regularly
had
Sec. 3. The Judges of the Supreme Court
shall be elected by the electors of the State
at large, and their term of Office shall be sew
en- years and until their successors are elected
and qualified.
Sec f. The State shall be divided by the
Legislature into six Judicial Districts, which
shall be composed of contiguous territory, be
bounded by county lines, and contain pop
ulation as nearly equal as may be practic ,ble
In each Judicial District, one Judge shall be
elected by the electors thereof, who shall con-
stitute said Court and whose term of office
shall be seven years. Every District Judge
SHALL at the time of his election, be resident
of the District for which he shall be elected,
and shall reside therein during his continu-
ance in Office.
Sec s. The District Courts shall have
original jurisdiction in all civil cases, both in
law and equity, where the amount in contro-
versy exceeds one hundred dollars, and in all
criminal cases where the punishment sh,ll ex-
coed three months Imprisonment, or fine of
more than one hundred dollars, and shall
have snch appellate jurisdiction as may be
prescribed by law. The Legislature may
provide by law that the Judge Of one Dis
trict may discharge the duties of the Judge
of any other District not his own, when con-
venience or the public interest may require it,
Sec. 6. The Judges of the Supreme and
District Courts shall be men learned in the
law, and shall receive such compensation, at
stated times, as may be prescribed by the
Legislature, which compensation shall not be
diminished during their continuance in office,
but they shall receive no other fee or re-
ward for their services.
Sec 7. There shall be established in each
organized county in the State Probate
Court, which shall be court of Record, and
be held at such times and places as may be
prescribed by law. 1t shall be held by one
Judge, who shall be elected by the voters of
the the county, for the term of two years.
He shall be resident of such county at the
time of his election, end reside therein during
his continuance in office. and his compensa.
tiOH cuou OO ProNiuCu ny law. I1c NAY ap-
point his own Clerk, where none has been
elected, but the Legislature may authorize
the election by the electors of any county, of
one Clerk or Register of Probate for such
county, whose powers, duties, term of Office
and compensation shall be prescribed by law.
A Probate Court shall have Jurisdiction over
the estates of deceased PERSONS and persons
under guardianship, but no other jurisdiction
except as prescribed by this Constitution.
- Sec 8. The Legislature shall provide for
the election a sufficient number Of Justices
of the Peace in each County, whose term
of Office shall be two years, and whose du-
ties and compensation shall be prescribed by
law Prorided, That no Justice o. the
Peace shall have jurisdiction of any civil cause
where the amount in controversy shall ex
coed one hundred dollars, nor in criminal
cause where the punishment shall exceed three
months Imprisonment, or a fine of over one
hundred dollars, nor in any cause involving
the title to real estate.
Sec. 9. All judges other than those pro-
vided for in this Constitution shall be cleo
ted by the electors of the Judicial district,
comfy or city, for which they shall be crea-
ted, not for longer term than seven years.
Sec. 10. In case the Office of any Judge
shall become vacant before the expiration of
the regular term for which ne was elected,
the vacancy shall be filed by appointment by
the Governor until successor is elected and