Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1861-07-11


secretary shall have and he IL hereby authorized and
required TO execute and perform all the powers aud
duties o1 the governor during such vacancy or nee
esssry absence until another governor ehall be
duly appointed TO FIJI such vacancy.
SEC A. And De ~ further enacted. That the iegisia-
tive power and authority of said Territory shall be
vested in the governor and Legislative Assembly
The Legislative Assembly shall consist Of a COUNCIL
and house Representative The council shall con
sist of nine members. which may be increased to
thirteen bafing tbe quaiiheatons OF voters as here
matter prescribed whose term Of service shall con
tinue two years The house of Representatives shall
consist Of thirteen m -nbeFs which be increased
pTeseribed for member. Of the council, aud v hose
term Of service shall continue year. Al sppuint-
ment shall oe MADE as nearly equal practicable e.
among The several counties Districts for the eec
ton Of the council and house Of representative
giving to each section Il The Territory repre-
IN the ratio Of its population tInaaus excspedg as
nearly as may be- ana the members Of tie council
aud OF the house OF representative shall reside in
and be inhabitants Of, the district for which they
may be elected, respectively Previous 10 the frst
election, the governor shall cause census or emu
meraion OF the inhabitants the several counties
and di-tricis o. the Territory TO be taken; and the
first election shall be held at such time sfd plae,
and Be conducted in such manner. the governor
shall appoint and diTect; and ~. shall. same
time. declare tire uIIaJeF Gt lie members of the
cOuHc AID hUu-s Of TrpTeseutltiycs to which each
OftIe counties cistrct shall r. entitled uncer this
act he NUM- p-rsons aHthOrized to be elected
having tire Ia hest humber o. totes in each OF said
council dsiricts Tor members Of The council shall be
declared by the governor BID duly elected 10 the
councils ana tie person peri Jlz authorized 10 be
erced having tue greatest number Of Utrs gor tie
ouEe OF re- Tefeutatves, equaI To the humber Ia
which each county district ball be entitled shall
be declared by the governor b elected member of
the hOu-e o. preaeEtatiyes PfOrids5 That IN case
Of tie between TWO more -IsOns voted for. the
governor hal order LeW ELECTION to supply tie
vacancy made by such tie. kuG the peTsonz thu
eeeed to ttIe Legi-latiye A. EmJiy shall meet 81
such place and such day as the governor shall ID
point; but hereafter. the time. b ace and Of
hold Hg ara Conducting all eleciious - tie people.
and the sIpOTtlODiBg the representations. in the
several couBe- districts TO tbe council and hou-e
OF repTeeHtatiEes according 10 the population shall
be prescribed D. law, a. vel the day Of TIE
mel espen Of the regular SESSIONS ofthe Legislative
Assent J. Proridsd That no Oh session sla 4 exceed
The term Of forty days, except the hr.t which may
De extended 10 rixty Oay s. bot 30 longer.
SIC. 8. Aadbs q furIheT eudsfe5. That every FREE
white male H. bant OF the UIited STATES ADORE the
age Of twenty YEAR who shall have been q resi-
dent Of -sId erFIty al the time OF the pa sage Of
this shall emitted to yot. ct the r.t election
aud shall be eligible any office within the said
1etItoTy. bot TIL qualifications of voters snd OF
holding Office 81 all subsequent Elections shall he such
81 shan be pTescribed by the le.islatiye Assembly.
p oUt6d hst the right of outrage and Of holding
Office shall be exercised only bJ ciIyeus of the Uni. ed
States aud those who rhai have declared on cath 1
their intention 10 become such and shall have taken
81 cash TO FuppeTt the CONSTIPATION Of the United
SIC AMI d II J.o,her nd etea. That the lrgi.s
tiye power the territory -bkl extend 10 al lit
ful subjects OF legl-laOn conEisieHt with the Con
siuyA o. the United States 4Ld tue pTOVisiOLs q
this &C. bJt Law shall be a=ped fUterferirg jf
tie primary disposal q he sol no tax shall be i'm
posrd upon the property Of tE United sfstes. nor
ruA8l tls dbas " OiHeF properly vi EOuTeriGents lie
taxed higher than the lands tr other properly OF
Iesloents shall aBy iaz 81 passed hy siring the
TEhis 81 pri property not siai. als dircrmins
tlOb Re mace in = king CidrFtLt kiuls Of proueffv
but property subj asatiOn shall 6e ia pro
portion 10 tie va u OF tue yraly-Ttg taxed.
SIG : lad b if fvrse sEae 3D. That all tOsuzhip.
distinct, ALd county Cffc~Ts bOt hereiB CfherWI-e
prov ided for shall be spbOiut OF .lected a. be
mas be- ii sueh manner "A shaI. te provided by
the govern sBa legislative Assembly u the Terri
toy. The governor shall nom mate and, b. and with
tie advice a4d cpHseut OF tbs tgislauve council ap-
point all Cicers herein OtAeTHi-e provided for
and, the hrst In-fsnee, the gOrsrnor alone may
spp0iut al aid otceTs, whc HAL hold their efces
Until tie ed OF rst sessiouOf The Legislative A.
semby shall lay Of the Heces-ary disirirts for
mem eTs Of the council and ho-- OF representative
ana al other ofhceTs.
SIC. 3. Aad 3, It faz1l,- snaol 3D. That no member
OF the Lesi-Iatve A-remby sbtIl hold be appoint
any Office winch shall IA 5e BEEN Gated or he
salary hOluInents Of which sbAI have teen in
cTeased while be membef, during the term for
which he ELECTED, and for One ear after the
piTaiiJn OF such term aud berrOu holding com
mission or appointment under the United rtafes,
except po-masteTs shall be IlefnbeT Of she LeRis
lzfige Assembly, shall holdany Office under the
government OF laid Territory.
SIC , Aga q e. fnrtasy eyaefd Thai the judicial
power OI -alI Territory rhaii b4 vested in supreme
court, district courts probate courts aud IN j1tic-s
ofthe peace. The supreme court shall conslst OF
Oh Justice and s-sOciAte justices, Euy two o:
whom " ~ constitute quorum. and who shall bold
term 81 the seat of gOVernmtut Of said Territory
annually, and they shall hold her Offices during the
period OF four ye1rs The said / ItOry shall be ci
Vioed INTO three u 1icai olstrct aud district
shal be held IN each Of szid dEtricts by OF the
justices OF the supreme court az such time and place
may be prescribed BY law; and the said judges
shall aer mir appointments respectively, reside In
districts hich Ehall be assigned them. The ia
TsdictiOn OF the several eOurts herein provided for
both appellate and original and that OF the probate
court- and OF the justices OF the peace. shah be
limited b. Proefd>d That justices OF the peace
shall not have jurisdiction OF Amy in eontro-
yersy when title of bounds OF land MAJ be in
dispute, where the debt 81 m claimed rhsI ex-
ceed hundred dolArs: and the said supreme and
district court, Te-pectiYey hall possess ehancery
a. we'll e. common law urisdction. and authority
for redress OF al wrongs committed sgsinst the Con
tttution or laws OF he United states of the Ter
ritoTy, afeting persons or property. Each district
court, or the judge thereof ball sppout its clerk
who shall alec be the register iu chancery and shall
keep his once the place where the court NAV be
held Nrts OF error, bills OF exception, aud appeals
snail De allowed IN al cases irSm the final decisions
OF sad district courts to the Supreme court, under
such regulations may be pretcribed by law but ia
no Gaze renewed TO the supreme court shall triaIk
jury be allowed in said court. The supreme court f
the gutees thereof, shsiI appoint ats own clerk and
every clerk shall hold his Office pleasure of the
5urt for hich he shall have been az POINTED Writ
Of error and appeals from the final decisions of said
court, sha be allowed, and may be taken 70
Supreme Court of the United staies in the same
manner and under the same Regulations from the
circuit of the United States where the value
o. the property. the amount in controversy 10 be
sseeTt&ined by the Oath s mation Of either party
other COMPETENT Witnesses Ihaii exceed one ihon
sand dol2rs and each OF the Faid district courts
shall have ana exercise the same jurisdiction in all
arising under the Constitution Of the
United States Is vested in the circuit and district
courts of tn Unltei States aud the said supreme ana
district courts Of the said Territory aud the respect
tive judges thereof. shall and grant writs OF la
beas corpus IN all cases in hch the grana
be by the judge OF the United ia the District
OF oil Il ba; aud the irst Elk days Of every
: Id courts. ueh thereof shall be necessary
shaii De spPIolIAied 10 ine tTal o. causes arising
under the sald Constitution ard laws aud wrlts OF
error end appeals IN all such shsil be made 10
the s preme court Of said Territory the same as ia
other he aid cierk shall receive in m a
the hich the clerks the district court
Of Utah IeTTiory nos receive for simill tervices
&c 10 Ind Ds ~ fagthsy sraele6 II 81 there shall
be appointed an attorney for said Territory no shall
in office Tor four ycars, unless sooner re-
novel by the President and who shall receive he |
same fees snc salary the stioTney OF tie United
States for tire present Territory Utah There shs
also he marshal Tor the Territory appciuted wi q 1
nm
moved by the PIe-Ident, and who stail execute all |
processes sning from the szId courts when exer-
ctng the Jurisdiction circuit district courts
OF the United S'stes he shall perfsrm tie duties te
subject to the same regulations and penalties and be
10 the same ices as the marshal OF he dist let
OF the United States for the present TeTritor
OF Utahl ana shall, in addition, be paid two hun
ored dollars annually as cOmpen sation for extra
sei vices.
SEC IL AH6 o. IL further enacted That the govern.
or, sec eiary Chief justice associate justices at
torney, ana marshal, shall be nc minated and and