The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1864-09-03

governor and legislative assembly of the
territory OF Montana. The governor shall
noamate and, by and with the advice and
c0isent OF the Legislative council, appoint
ailomcers not herein 9th lryise provided
fof and in the first instaiiee Tie governor
ai1e may appoint all sa L, Ttft.Ers, who
snll hold their Offices until tho esd of the
nrs session Of the Legislative Rss emblv,i
ami shall lay off the necessary dislitts for
MEMBERS Of the council and house of rep
reentatives, and all other officers. ~
SEC. 3. And be 1t further enacted, That
nomemberI of the Legislative assembly shall
thod or be appointed to any Office which
shll have been created, or the SALARY iror
eDShahents of which shall have been 7 in
erased while he was a member, during the
! term for which he was elected, and for one
year after the experation of such term: but
| this restriction shall not be applicable to
members Of the first legislative assembly.
Ara no person holding commission or
appointment under the United States. ex-
ceE postmasters, shall be a member of the
legislative assembly, or shall hold any Office
unier the government Of said Territory. ID,
| Sec. 8. Ind be it further enacted, That
thejudicial power Of said Territory shall
be vested in supreme court, district
counts, preh&te courts, and in justices of
thepeaee. The supreme court shall con-
sis Of chief justice and two associate jus.
tics, any two of whom SHAH constitute a
qu,rum, and who shall hold a term ut the
sea of government of said Territory an
nullly :: and they shall hold their. Offices
during the period of four years, and. until
| thir successors are appointed and auali-
iel. The said Territory shall be divided
into three Judicial Districts, and a 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 NAV be
prescribed by law and the said Judges
shIll, after their appd dutments, respective
" reside in the districts which shall be as.
, signed them. The jurisdiction of the sevv.,
ersl courts herein provided for, both ap-
peilate and original, and that Of the Pro-
bate Courts and justices 0fthe peace, shall
be limited by law:, PYocided, That Justices
of the peace shall not have jurisdiction of
any matter in controversy when the title Of
Land may be in dispute, or where the debt
or sum claimed shall exceed one hundred
dollars and the said Supreme and Distric,
Courts, respectively, shall possess ehancery
| as we'll as'eommon law jurisdiction. Each
District CourS or the Judge thereof, shall
| appoint it's clerk, who shall also be the reg.
lister in chancery, and shall. keep his office
at the place where the Court may be held
Writs of error, bills of exceptions, and an
peals, shall be allowed in all cases from tt,
final decisions of said District Courts I.
the Supreme Court, under such regulations
I'as may bespresdkibed by law! The Su
Lpreme Court, or the Justices thereof, shl
appoint its own Clerk; and eyery CIerJ
1 shall hold his Office at the pleasure Of til,
I Court for which he shall have been tap
pointed. Writs of error and appeals from
the final decisions of said Supreme Conr
Fshall he allowed, and may be taken to tn,
Supreme Court Of the United States, in ith
| same manner and under the s;tme resufa
tions as from the Circuit Courts OF TIL
j United States, where the value of the prop
terty, os.the amount in- in-$controvefsy, ia S
Eascertainsd by the oath or .affrmatiot, o
either part, ,tor other! competent witnesses
shall exceed enc thousand dollars, excep
that aswrit Of esror or appeal shall be al
lowed to the Supreme Conrt Of the Unite
II States:from the decision Of, the fsaid Su
i preme Court created by this, act, Or rof an
4 Judge thereof, tupon- any writs of habea
I corpus involving hs'a ttSlistiori Of persons
1 Freedom. And eacE tfi nd District Court
Ishall have and :exs pa se thc saine firisdicc
u Ition, in an cases arising urdcr the Consti
/ tuition and laws of the UniseT States, as; j
vested in the Circuit and District Courts q
the United StatesN; and the FIRST sixdaysn "a
every, term of said Courts, OR so afnuc
Thereof as shall be necessary, shah BE ar
, propriated to the trial Of causes arising rIl
I der the said Consultations and laws an
iwrits Of error and appeal in all such case
shall be made to the Supreme Court Of th
4 said Territory, TIE same as in other case.
The said clerks: shall receive, in all sue
cases, the same fees which the Clerks
1 the District Courts of Washington Teffitc
i " now receive for similar services. IT,
Il See. 10. And be it further enacted, This
j there shall be appointed an Attorney ft
! said Territory, who shall continue in ofac
! four years; and until his successor shall I
appointSd and qualified, unless sooner h
u Moved By the President. of the Unite
States, and who shall receive the same fet
,ta and SALARY as ths attorney Of aths Unite
d States fol: e'presenf Ferritoryr Of Wssl
!; iinston., There shall tsIsU Be 8 Marshal I,
the Territory appointed, who shall hoaf b
), oi5e four ayesfs, and antil His success,
= shall be sppointed and quali6ed,s anie
Il sooner removed by the iPresidenfn nof II
: United States, sAdt ~ho sAsll execute z
9 Iproceises issaihg from the aid eourtssvh,
: exercising their jurisdiction - Circuit iai
II District Courts o. the United States:2 . I
? lshall perform shA duties, and be subject
VI the same segalstiohs and penalties, and
Q entitled to the same fees <s the MarshalP
d the District Court Of the United States
E the Territory of Washinfteh, lad .shsA,j
4 addition, be paid two hundred tdollsis !
I -1nually ss . compensation for extfaA Aserviet
y There shall also be appointed BY ths Pre-
|, dent Of the United States, By and with \
l. adYice and eensent of the Senate, . 50
y Eveyor General for said Territory, who en-
= locate his o1de At such place o.s We M Seel
III tafy of TIE Interior shalt from time 70 I'll
) direct, and whose hduties, powers, 'obifg
,fi tions, Responsibilities Compensation, q