Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-07-21

That in case two or more persons voted for shal
have an equal number Of votes, and in case 9
vacancy shall otherwise occur in either branch
Of tue legislative assembly, the governor shal
order Il new election and the persons thus
elected to the legislative assembly shall meet al
such place on such day as the governor shall
appoint; but thereafter the time, place, and
manner of holding and conducting all elections
by the people. and the apportioning the repre-
sentatiOn in the several counties or districts tt
the council aud house OF representatives
according to the number Of qualified voters
sha be prescribed by law, we'll as the
day Of the commencement Of the regular sessions
Of the legislative assembly Provided, That nc
session in any Que year shall exceed the term OF
forty days, except the first session, which may
continue sixty days.
Sec. 5. Ind be IL further sHdcifd, That every
free white male inhabitaut above the age Of
twenty-one years who shall have been an actual
resident of said Territory at the time of the pass
age Of this act, shall he eutited to vote at the
first election aud shall be eligible to any office
within the said territory but the qualifca-
tion of votes, and of holding office, at all subse
quent elections shall be such shall be pre-
scrbed by the legislative assembly
Sec. 9. And be furtier enacted That the
legislative power of the Territory shall extent to
all rightful subjects of legislation consistent with
the Constitution of the United States and the
provisions of this act but no law shall be passed
interfering with the primary disposal Of the soil;
no tax shall be imposed upon the property Of the
| United States, nor shall the lands or other pro-
! ptrty Of non residents be taxed higher than the
lands or other property of residents. Every bill
n.i.h snail have passed the council and house
Of representatives of the said Territory shall
before it becomes law, be presented to the
governor Of the Territory; if he approves 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 upon their
journal and proceed to reconsider it. If, after
such reconsideration, two-thirds Of that house
shall agree to pass the bill, it shall be sent
together with the ofjeotiOns to the other house,
by which it shall likewise DC reconsidered and
if approved by two-thrds of that house, it shall
become o lay. But in ali such cases the votes
of both houses shall be determined by yeas aud
nays, to be entered on the journal of each house
respectively. II any bill shall not be returned
by the governor within three days (Suadly ex-
ccptedJ after it shall have been presented to him,
the same shall be law in like manner as if he
had sigued il, unless the assembly, by adjourn
ment. prevent its return; in which case it
shall not be q law: Provided, That whereas
slavery is prohibited in said Territory by act Of
Congress Of June nineteenth, eigeieen hundred
and sixty-two, nothing herein contained shall be
construed to authorize or permit its exs-
tence therein.
Sec. Z. And 6e Il tarther eH0cied, That all
township, district, and county otheers, not
herein otherwise provided for, shnll be appointed
or elected, as the case mny be, in such manner
as shall be provided by the governor aud legisa-
tive assembly of the Territory Of Idaho. The
governor shall nominate and, by and with the
ADVICE and consent oi the legislative council, ap-
point oil officers not herein otherwise provided
for; and in the first instance the governor alone
may appoint all said officers, who shall hold
their Offices until the end OF the irst session OF
the Legislative assembly, and shall lay oil the
necessary districts for members Of the council
and house of representatives., anil ali other Of
heers
Sec. 8. And be il further endeisd, That no
member of the legislative assembly. shall
hold or be appoiuted to any Office which shall
have been created, or the salary or emoluments
of which shall have been increased, while he was
member. during the term for which he was
elected, and for one year after the expiration of
such term but this restriction shall not be ap-
plicabe to members of the first legislative as
sembly and no person holding a commission or
appointment under the United States, except
posInasters, shall he member Of the legislative
assembly, or shall hold any office under the
government oil said Territory
Sec. q dBd he il fu,y,bsr euocted That tho
indicial power Of said Territorv aboli he vested
in n supreme court. distriet oonrts. urobate
cour,s aud in insticag of ,ho neace Tho snntemc
con,t sball consist of cbisr instca and ,yo az
sociate ius,;cas anv.two nf whom ahall constitute
a onornn, and who eboIi LolJ a Tam, a, ,he saat
NJ c,overnnsnt of sail ,rerrito.y onnnalIy ami
tbov shau hoId tbeir ott;ces d,,r;n,, ~. nerioJ f
| fonr ,aors and mil ,boi. srn.,ssoro rshou ba
anno;nted and onnIi6sJ Tho sail TerritoTv
sbali bs divided into ,bree ;,iicaI dis,ricts and
a datrict cnurt shall he bed in pncb of said dis-
]
conrt ~ .ucb times and nlacps as NAV bs nrescri.
he'd bv law and the saii inJges shall after their
annointments respectivelv reside in the districts
Witch shoIl he ASSIGNED t6em The ;nrsdiction
of tho seyeral courts berein proyided for. botb
annellate and original and that nf The nrobate
cnnrts and of ins,ioes Of tho neace abnlI hs limi
ted bv law: PROVIDED. That Justices of the peace
shall not have Jurisdiction Of anv matter in CON.
troversv whom Tho titl mr. honndarias of land MAJ,
ba in d'snnts or vbere ,be lebt or ann, cla ims1
| shall evcsed nne bnndred inllars. +. and the said
snnroms ana distric, corrts rssn.c,iveIg shall
| nossese cbnncerv os we'll as cnminon law iur;s-
dicfon. Each district oonrt or the iudpe there
of shall annoint its clerk who shall .lso he tho
REGISTER in chanoerv and shall keen bis office at
,he nlace where tbe court may he held. Writs
If error. hills Of exceptons. and atntals shall be
ouowed in ali rases from tbs AMI decisions of
soi1 district courts IA tho sunrame court nnder
eicb rcenIstons AZ NAV he prescribed bv law.
Tbs snIrsme court or The justices thereof Shall
annoint Nv avn olerk and every clerk shall mold
his offse ut the pleasure of the court for which
he shall have been appointed Writs of error
aud appeals from the final decisions of said
supreme court shall be allowed, and may be taken
to the Supreme Court of the United States in the
same manner and under the same regulations a.
from the circuit courts Of the United States
where the value of the property or the amount il
controversy, to be ascettained by the oath o