Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-04-22

but if not he shall return it, with his objections
to the house in which it originated, who shall
enter the objections at large upon their journal,
and proceed 10 reconsider it, If, after such re-
consideration, two-thrds of that house shall
agree to pass the bill, it shall be sent, together
with the ohjscjiOns, to the other house, by which
iG shalt he likewise reCOIsidered; and if approved
by Two thrds of that house, it shall become
law. Bat in all such cases the wees nf both
houses shall be determined by yeas Iays, to
be entered on the journal of each house respect
lively. Ii any bill small not be returned by the
| governor within three days Sundays eXcepted)
after it shall have been presented to him, the
same shall be law Unlike manner if he had
signed it., unless the assembly. by adjournment,
prevent its return; in which it shall not be
a law Provided, that whereas slavery is prohb-
tied in said territory by act Of congress of June
nineteenth, eighteen hundred and siXty-two,
nothing heicid contained shalt be construed 10
authorize or permit its existence there.
Sect. 7. Aud be it further enacted, that all
township, district, and county off :ers not herein
otherwise provided for, shall be appointed or
elected, as the case may lie, in such manner
shall he provided by the governor and legislative
assembly Of the territory of Idaho. The govern
or shall nominate, and, by and with the aivice
aud consent Of the legislative council, appoint all
officers not herein otherwise provided Tor; and in
ilG first Instance the governor alone may appoint
all said officers, who shall hold their offices until
the end u the first session of the legislative as
senbl' and halliday off the necessary districts
for members Of the council aud house OF repre-
sena'iy's, and alt o her officers.
Seer. 8 Aud be it further enacted, that no
member of the legislative assembly shall hold or
be appointed to any office which shall have been
created, OF the salary or emOIuments of which
shall hays been increased, while he was MEM
Der, durng the term for which he was elected
and for one year after HE expiration OF such
term; but this restriction Shalt not be applicable
TO members OF the first legislative assembly and
10 person h0l Ing Il commission or appointment
under the United States, except postmasteTs,
shall be Il member of the legislative assembly, or
shall hold any office under the government of
said territory.
Sect. g. And be it further enacted that the
Judicial power Of said territory shall be vested in
Il supreme court, district courts probate courts,
ana in Justices Of the peace. the supreme court
shall consist of d chief Justice and Two associate
justices, any two OF whom shall cons .itue quo
rum, and who Shall hold a term at the seat OF
government of said territory annually; and they
shall hold their offices during the period Of four
years and until heir successors shall be appoint
ed and qualified. The said territory shall he
divided into three Judicial districts, and di6-
t,Ict court shaIl be held i'll each of said districts
| by one OF the Justices Of the supreme court at
| such times and places as may be prescribed by
| law; and the said judges shall, after their APP
pontments, respectively, reside in the districts
| which shall be assigned them. The iuris-
ulcllOn or the several courts herein provided
| for, both appellate and original and that of the
probate courts and ofju'ticeS OF the peace, shall
be limited by law: Provided, that justices of the
| peace shall not have jurisdiction of any matter
| IN controversy when the tide or boundaries of
land may be IN dispute, or where the debt or sum
| claimed shall exceed one hundred dollars; and
the sad supreme and district courts respectively
shall possess chancery as well as common law
| jurisdiction Each district court or the Judge
thereof, shall appoint it's clerk, who shall also be
the register IN cilanceTy, and shall keep his office
| at ths place where The court may be held Wrts
of error, bills of exceptions, and appeals shall
De aloWed III all cases from the final decisions of
SAID district courts TO the supreme court, under
such regulations as may be prescribed by
| law. The supreme court, or the Justices
| thereof, shall appoint its own clerk; and
every clerk shall hold his Office at the pleasure
| of the court for which h. shall have been ap-
pointed. Writs of error and appeals from the
lnatdeclsions Of said supreme court shall be al
lowed, and may be taken to the supreme court
| OF the Unit3d States in the same manner an uu-
| der the same regulations as from The crcuit
court OF the United States, where the value Of
the property or the amount in controversy, to be
| ascertaned by the oath or affirmation of either
| party, or other competent witnesses, shall eX-
| ceed One thousand dollars except that writ of
| error Or appeal Shall be allowed to the supreme
| court OF the United States from the decision of
the Sali supreme court created by this act or of
| any judge thereof, OF OF the district courts ere
| aied by thie act, or Of any judge thereof upoa
any WINS of habeas corpus involving the cues
| ton of personal freedom And each of the
| said District courts shall have and exercise
| Tie same jdrlSdicuOn, i'll all Cases arising un-
| der the constitution aud laws of tic United
| States, as is vested in the circuit an dis
| trct courts OF the U iited S ates; and The first
SIX days of every term Of said courts or 50 much
thereof as shall be necessary shall be appropria-
tel TO tue trial OF causes arising under the said
| constitution ana laws; and wits of error and
| appeal IN all such cases shall lie made 10 the SUI
pfcme court OF said territory tue as in other
cases Inc said clerks Shall in nlI surh
cases, the same fees which the clerks of the dis
| trct courts OF Washington territory now receive
for similar services.
| Sect. TO- And be it further enacted, that there
snail De appointed an attorney for said territory,
VINO shall continue in office four years, and until
| MS successor shall be appointed and qualified,
unless sooner removed by tine President of the
United States, and who shall receive the same
tees aud salary as The attorney Of the UHi ed
States Tor the present territory of Washington.
Ih,re shall also be a marshal for the territory
appointed, who shall hold his office for four
years ana until his successor shall be appointed
ana qaaiifet unless sooner removed by the Pres
lueht OF the unlted States, and who shall execute
all processes Issuing from the said courts when
exercising their jurisdiction as circuit and dis
trIct courts of the United States; he shall per.
form the duties, be subject to the same rerula-
lions 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 Wash
lngion, and shall, in addition, be paid two hun
dred dollars annually a compensation for ex-
ira servces.
Sect IL, And be it further enacted that the
governor, secretary, chief justice, and associate
Justices attorney, and marshal shall be appoints
ed by the President Of the United States by and
with the advice and consent OF the Senate The
governor and secretary to be appointed aforesaid
shall, before they act as such, respectively take
an oath or affirm alton before the district Judge
or some justice of the peace in the limits OF said
territory duly authorized to administer oaths and
aftirmatioDs 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 sup
port the constitution of the United States, and
faithfully to discharge the duties of their respec
tive offices, which said oaths 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 secre-
tary among the executive proceedings; and the
chief justice and associate Justices and all civil
officers in said territory, behre they act as SUCH
Shall take like oath or affirmation before the
said governor ur secretary, or some judge or Jus
tice 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
rotary, to be by him recorded as aforesaid; and
afterwards the like oath or affirmation shall be ia.
ken, certified, and recorded in such manner and
form as may be prescribed bv law. The governor
Shall receive annual salary OF two thousand
five hundred dollars; the chief justice and associ
ate justices shall receive an annual salary of two
thousand five hundred dollars; the secretary