Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-03-09
PUBLIC-No. 40

AN ACT to amend an act entitled San act to
provide temporary government for the
territory Of Colorado
BE it enacted by the senate and house of
representatives of the United States of Amer
lea in congress assembled, that the second
section Of the act to which this act is an
amendment be altered SO as to read as fol-
lows: The executive power and authority
in and over said territory of Colorado shall he
vested in governor, who shall hold his office
for four years, and until his successor shall
be appointed and qualified, unlsss sooner re-
moved by the president of the United States.
The governor shall reside within said terrific
ry shall be commander-in'ch chief of the militia
thereof, shall perform the duties and receive
the emolumcnts of superintendent of Indian
affairs; he may grant pardons for offences
against the laws of said territory, and re-
prleves tor offences against the laws of the
United States, until the decision of the presi-
c0mimissidf All 6dft kpQ%R ther2ejp abs shell
to Office under the laws of said territory, and
shall take care that the laws be faithfully ex-
ecuted.
Sect. 2. And be it further enacted that
every bill which shall have passed the legisa-
tive assembly shall, before it become a law,
be presented to the governor of the territory ;
if he approve, he shall sign it; but if not, he
shall return it, with his objections, to the
house in which it originated, who shall enter
the objections at large on their journal and
proceed to reconsider it. If, after such con-
sideration, two thirds of that house shall agree
to pass the bill it shall be sent together with
the objections, to the other house, by which it
shall likewise be reconsidered; and, if APP
proved by two thirds of that house, it shall be-
come a law. But in all such cases the votes
of both houses shall be determined by yeas
and nays, to be entered on the Journal of each
house respectively. If any bill shall not be
returned by the governor within three days
Sundays excepted) after it shall have been
presented to him, the same shall be law in like
manner as if he had signed it, unless the as
sembIy, by adjournment, prevent its return, in
which case it shall not be law.
Sect. g. And b. it further enacted, that Sec
ton nine of the act to which this act is amend
atory, be altered so as to read as follows ::
Sect. 8. And be it further enacted, that the
judicial power of said territory shall be vested
in supreme court, district courts, probate
courts, and justices of the peace. The SUI
preme court shall consist of chief justice
and two associate justices, any two of which
shall constitute quorum, and who shall hold
a term at the seat of government of said terri
tory annually, and they shall hold their offices
during four years. The said territory shall
be divided iuto three judicial districts, and
district court shall be held in each Of said dis
trcts by one of the justices of the supreme
court, at such time and place as may be pre-
scribed by law; and the said judges shall,
after their appointments, respectively reside
in the districts which shall be assigned them.
The jurisdiction of the several courts herein
provided for, both appellate and original, and
of justices of the peace, shall be as limited
by law provided, that justices of the peace
shall not have jurisdiction of any matterSin
controversy when the title or boundaries OF
land may be in dispute or when the debt or
sum claimed shall exceed three hundred dol
lars and the said probate court shall not have
jurisdiction of any matter in controversy when
the debt or sum claimed shall exceed the sum
of two thousand dollars; and said supreme
and district court shall have authority for re-
dress of all wrongs committed against the
constitution and laws OF the United States;
and the said supreme, district, and probate
court. respectively, shall possess chancery as
well as common law jurisdiction and authori-
ty for the redress of all wrongs committed
against the laws of said territory affecting
persons or property. Each district court, or
the judge thereof, shall appoint its clerk, who
shall also be the registre in chancery, and
shall keep his office at the place where the
exception, and appeals shall be allowed from
the final decisions Of said district and probate
courts to the supreme court, under such regu-
lations as shall be prescribed by law; butinno
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 office
at the pleasure of the court for which he shall
have been appointed. Writs of error and APP
peals from the final decisions of said supreme
court shall be allowed and taken to the SUI
preme court of the United States, in the same
manner and under the same regulations as
from the circuit courts of the United States
when the value of the property, or the amount
in controversy, to be ascertained by the oatl
or affirmation of either party, or other com
petent witness, shall exceed one Thousand
dollars; and each of said supreme and dstric
courts shall have and exercise the same juris
diction in all cases arising under the constitu
ton and laws of the United States as il
vested in the circuit and district court
| of the United States and the sal,
supreme and district courts of said terri
tory, and the respective judges thereof, shall
and may grant writs of habeas corpus in al