Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1864-08-04

their offices until the end of the first
session of the Legislative Assembly,
and shall lay off tho necessary dis
tricts for members of the council and
house of representatives, and all other
officers.
Sec. 8. And be IL 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 emolumente
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 applicable to members of the
first Legislative Assembly. And nc
person holding a commission or up.
pointment under the United States
except postmasters, shall be q member
of the Legislative Assembly, or shall
hold any Office under the Government,
of said Territory. 3.
Sec. Q. And be II further enacted,
That the judicial power of said Terri
tory shall be vested in a supreme
court, district courts, probate courts,
and in Justice of the peace. The gu.
preme court shall consist of a chief
justice and two associate justices, any
two of whom shall constitute quo
rum, and who shall hold term at the
seat of government Of said Territory
annually; and they shall hold their of.
fees during the period of four years,
and until their successors shall be APP
pointed and qualified. The said Ter
ritory shall be divided into three judi.
cial districts, and district court shall
be held in 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 appointments,
respectively, reside in the. districts
which shall be assigned them. The
jurisdiction of the several courts here
in provided for, both appellate and
original, and that Of the probate courts
and of justices of the peace. shall be
limited by law: Proridsd. That justi-
ccs Of the peace shall not have juris-
diction of any matter in controversy
when the title of land may be in dis
pute, or where the debt or sum claimed
shall exceed one hundred dollars aud
the said supreme and district courts,
respectively, shall possess chancery
as well as common law jurisdiction.
Each district court, or the Judge there.
Of, shall appoint its clerk, who shall
also be the register in chancery, and
shall keep his Office at the place where
the court may be held. Writs Of en-
ror, bills Of exceptions, and appeals,
shall be allowed in all cases from the
final decisions of said district courts
to the supreme court, under such reg
ulations 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 he
shall have been appointed. Writs of
error and appeals from the final deci-
sions Of said supreme court shall be
allowed, and may be taken to the Su
preme Court OF the United States, in
the same manner and under the same
regulations as from the circuit courts
of the United States, where the value
Of the property, or the amount in con-
trovcrsy, to be ascertained by the oath
or affirmation of either party, or Other
competent witnesses, shall exceed ont
thousand dollars, except that q wri
of error or appeal shall be allowed t.
the Supreme Court of the United
States from the decision of the said
supreme court created by this act, OF
Of any judge thereof. or of the district
courts created by this act, or of any
Judge thereof, upon any writs of ha
beas corpus involving the question oil
personal freedom. And each of tho
said district courts shall have and ex-
crcise 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 SO much thereof as shall be
necessary, shall be appropriated to
the trial Of causes arising under tho
said Constitution and laws and writ'
of error and appeal in all such cases
shall be made to the supreme court 0
said Territory tie same as in othe
cases. The said clerks shall receive
in all such cases, the same fees which
the clerks of the district courts o
Washington Territory now receiv'
for similar services.
Sec. 10. And be 1t further enacted
That there shall be appoited an attor
ney for said Territory, who shall con
tinue in Office four years, and until hi
successor shall be appointed and quail
flied, unless sooner removed by thu
President of the United States, ant
who shall receive the same fees ant
salary as the attorney of the Unitet
States for the present Territory d
Washington. There shall also be q
marshal for the Territory appointed
who shall hold his Office for four years
and until his successor shall be ap.
pointed aud qualified, unless sooner
removed 10y the President of the Uni
ted States, and who shall execute al
processes issuing from the said courts
when exercising their jurisdiction al
Circuit and District Courts of the Uni
ted States. He shall perform the du
ties, be subject to the same regulations
and penalties. and be entitled to the
same fees as the marshall Of the Dis
trict Court Of the United States fol
the present Territory of Washington
and shall, in addition, be paid two
hundred dollars annually as a com
pensation for extra services. There
shall also be appointed by the Presi
dent Of the United States. by and Will
the advice and consent Of the Senate
q surveyor general for said Territory
who shall locate his Office at sucl
place as the Secretary Of the interior
shall from time to time direct, ant
whOae duties movers ALLEGATIONS re