Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1864-07-30

it, unless the Assembly, by adjournment.
prevent its return; in which case it shall not
be law: Provided, That whereas slave.
ry is prohibited in said Territory by act Of
Congress Of June nineteenth, eighteen hun
dred and sixty two, nothing herein contained
shall be construed to authorize or permit its
existence therein.
Sec. Z. Andbe Il further enacted, That
all township, district, and county officers, not
herein otherwise provided for, shall b. ap.
pointed or elected. as the case may be, in
such manner as shall be provided by the
Governor aud Legislative Assembly of the
Territory of Montana. The Governor shall
nominate, and. by and with the advice and
consent of the Legislative Council. appoint
all 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 first session
of the Legislative Assembly, and shall lay
off the necessary districts for members of the
council and house Of representatives, and all
other officers.
Sec. 8. And be 1t further enacted, That
no member of the Legislative Assembly shall
hold or be- appointed to any Office which shall
have been created. or the salary or emolu-
ments of which shall have been increased
while he was member, during the term for
which be was elected, and for one year after
the expiration of such term; but this re-
striction shall not be applicable to members of
the first Legislative Assembly. And no per-
son holding commission or appointment uu-
der the Government of said Territory.
Sec. 8. And be 1t .fI,ther enacted, That
the judicial power of said Territory shall be
vested in a supreme court, district courts,
probate courts, and in justices of the peace.
The supreme court shall consist of a chief
justice and two associate justices. any two of
whom shall constitute q quorum, and who
shall hold term at the seat ofgovernment of
said Territory annually; aud they shall hold
their Office during the period OF four years,
and until their successors shall be appointed
and qualified. The said Territory shall be
divided into three judicial districts, and
district court shall b. held in each of said dis
tricts by one of the justices Of the supreme
court at such times and places 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
that Of the probate courts and Of justices of
the peace, shall be limited by law: Prorided,
That justices of the peace shall not have
jurisdiction of any matter in controversy
when the title oe land may be in dispute, or
where the debt or sum claimed shall exceed
one hundred dollars and the said supreme
and district courts, respectively, shall possess
chancery as well as common law iurisdic-
tion Each district court, or the judge there
Of, shall appoint its clerk, who shall also DO
the register in chancery, and shall keep his
office at the place where the court may be
held. Wrts of error, billsof exceptions, and
appeals, shall be allowed in 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 justice 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 er.
ror and appeals from the final decision of said
supreme court shall be allowed, and may b.
taken to the Supreme Court of tho United
States, in tho 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 oath or Affirmation of
either party. or othe, competent witnesses,
that writ Of ersor or appeal shall be allowed
to the Supreme Court Of the United States
from the decision Of the said supreme court
created by this act, or any judge thereof or
of the district courts created by this act, Or
Of any Judge thereof, upon any writs Of habeas
corpus involving the question Of personal free
DOM And each of the said district courts
shall have and exercise the same jurisdiction,
in all cases arising under the Constitution
and laws of the United States, as is vested in
the circuit and district courts Of the United
States: and the first six days Of every term
of said courts, or 80 much thereof as shall be
necessary. shall be appropriated TO the trial
of causes arising under the said Constitution
and laws; and writs Of error and appeal in
all such cases shall be made to the supreme
court of said Territory the same as in other
cases. The said clerks shall receive, in al
such cases, tho same fees which the clerks of
the district of Washington Territory now re-
ceive for similar services.
Sec. 10. Asd be It ./srtker enacted, That
there shall hr appointed an attorney for said
Territory. who shall continue in Office four
years, and until his successor shall be ap-
pointed and qualified, unless sooner removed
by the President Of the United States. and
who shall receive the same fees and salary -
the attorney Of the United States for the
present Territory Of Washington. There
shall also be marshal for the Territory ap.
pointed who shall hold bic Office for four
ysan. and until bis successor shall be ap.
pointed and qualified, unless sooner removed
By the President Of the United States. and
who shall execute I'll processes issuing from
the said courts when exercising their juris-