Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-06-22

Territory OF Montana.
Sec. s. And be it further enacted, That no mem
Der of the Legislative Assembly shall have been
created, the salary emolnments OF which shall
have been Increased while he Was 4 member du ring
the term for which he elected and for one year
alter the expiration Of sUch term this TestrIc.
ton shall not be applicable to members VI the first
Legislative Assembly. And no person holding a
commission or appointment under the United States
except Postmaster, shall be q member Of the LeRis
latlve Assembly, shall hold any office under the
Government II said Territory.
Sec. 9. And be 1t further enacted, That the ju-
dicial power of said Territory shall be vested in
Supreme Court, District Courts, Probate Courts and
in justices OF the peace The Supreme Court shAll
sist OF chief Justice aud two associate justices
any two Of whom shall cOnst tute quorum, and
Who 81 all hold term at the seat Of government OF
said Terri OTy annually aud they shall hold their
oftices during the period OF four years. aud until
their successors shall be appointed and qualified
The said Territory 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 PAGES may be
pr ScTibed by law; and the said judges SHALL GIter
their apo ntmenI, respectively, reside in the dis
trIets which shall be a Bigued them. Tue Jurisdic.
ton OF the several coultS herein provided for both
appellate and original and that tie probate courts
aud Of justices OF tee peace, shall be limit by law
Provided, that justices Of the peace shall not have
turIsdict on OF any matt,r in controversy when the
title Of land may be In dispute, where the debt
sum claimed shall exceed one hundred dollRrs-
and the said supreme and district courts reaDec'
lively, GhSll possess CLAncery as well as common law
JursdIction. Eash district court. or the Judge
the register in chHneery, and shall keep his office At
the place where the court may be held. Writ6 of
error ellis OF exceptions and appeals, shall be al
lowed In all cases from the final decisions of said
diStTict courts to the supreme court under such
regulations as may be prescribed by law. The m.
pTeue court, or the justices thereof shaIl annoint
its CLERK; and every clerk shall hold his office
at the pleasure Of the for which he shall have
been appointed Wr1ts OF error and appeals from
the hnal 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 as from he Circuit CourtH ~
the United States where the value of the propertv
the amount in controversy, to be aScertaineI nv
the oath or affirmation of either party or other
competent wi nesses, shall exceed thousand dol
lars, except that writ Of appeal shall be
allowed to the Supreme Court Of tile United States
from the decision of the said supreme court credit
ed by this act, or of any Judge thereof or Of the
district courts created by this act any judge there
o., under any writS Of habeas corpus Involving the
question OF personal freedom And each of the said
district courts shall have and exercise The same
Jurisdig tion in all arising under the Con- III.
Ntution and LAWS Of the United States is vested in
the circuit and district courts Of the United States
and the hTBL six days OF eV ry term Of said courts
or so much thereof as shall be necessary shall be
appropriated TO the trial OF causes arising under
the said Constitution and LAS, and Writs Of error
and appeal in all such cases shall be made to the sd.
prems court of said Territory the same as in other
The said clerk shall receive IN all such casea
the same fees which the clerks Of the district courts
OF Washington Territory now receives for similar
services.
Sec. 10. Aud be it further enacted That there shall
Do appointed an attorney lOE SAID Territory, who
shall continue in Office four years, and until his
successor shall be appointed and qualified un
less oner removed by the President of the UNI
ted States, md who shall receive the same fees and
salary as the attorney of the United States for the
present Territory Of Washing tOn. There shall also
be marahal for the Territory appointed, who shall
hold his odice for four years, and until his
successor sh II be appointed and qnali6ed, uni sss
sooner removed by the President of the United
from the said courts when exercising their Juriss
diction as Circuit District Courts Of the United
States. He shall perform the duties, be subject to
the same regulations and penalties and be entitled
to the Same fees the marshal of the District
Cou of the United states for the present Territory
of Washington, and shall in addition be paid two
hundred dollars annually as a compensation for ex.
ira services. There shall also be appointed by the
President Of the United States, by and with the adj
vice aud consent OF the Senate, surveyor general
for said Territory who shall locate his Office such
place as the Secretary of the Interior shall from
time 70 time direct, and whose duties poWsrB oblk
cations, responsibilities, compensation and allow
Ances for clerk hire otcs rent fuel, and incidental
expenses, snail be the those of the surveyor
general Of New Mexico under the dircch n of the
Of the Interior aud such instructions as
he may from time to time deem it advisable to give
Sec. IL. And be it further enacted, That the Gov
ernUr Secretary, OhIef Jus ice, and Associate JUS
tice, Attorney aud Marshal shall be appointed by the
President Of the United States, by and with the adj
vice AM consent Il Senate. The Governor and Seq
Rotary to be appointed as aforesaid SHALL before
they act as such, respectiVel, take an oath or Az
hrmatoin before the district judge some justfce
OF the peace in the limits Of said TerritorT AMI,
authorized to administer oaths and Hfirmatiorg by
the lew now in force therein, or before the Chief
Justice or some associate Justice Of the Suprenoe
Court Of the United States, support the Consti-
tuition OF the United states, and ai,hfuly to dis.
charge the duties Of their respective offices; which
said OathH, when so taken shall be cor lied by the
person by whom the same shall have been taken and
such ce uhcAtea GhAll be received aud recorded nv
the said Secretary among the execut We proceedings
and the chief Justice and associate Justices and All
CIVIL oicera in said Territory, before they act a.
Hueh shA take like oath or Affirmation before the
1liu Governor Secretary, or me Judge or Iustice
OF the peace Of the rritOIy who may be duly com.
missioned and qualified, or before the Chief JuStice
or assoc ate Justice OF the Supreme Court Of me
United states, which said oath an m ton shRlI
b certified and transmitted by the person taking
the sAn to the Seen ary, to be by him recorded
AtUrrSAd and afterwards the like oath or RrmAtion
ahan be taken, certified aud recorded in Luch man
neT aud form as may be prescribed by law And
any pers n who has heretofore been Appointed chi
Justice associate ju ,tice of Territory Of d,ho
who has not yet taken the ath Of ONCE a. prescrib.
Cd by the act OF ganiZlng said Territory NAV take
said oath affirmation before the chief Justice on
some associate Justice OF the United States Ths
Governor shall receive an annual salary of two
thouFand hTo hundred dollars, the Secretary shNiI
receive an annual salary Of two thousand UoiPr1 =
The said salaries shall be paid quarterly yearly from
the dAte1 OF the respective appointment At the
Treasury ofthe Unlted States; but no PAYMENT ,hSI
be made until said officers shall have entered upoD
the duties OF their respective aPPOIntmenta Tue
membeTS Of the Legislative Ass, NIB shall be sn.
titled TO receive four dollars each per daY durnu
their attendance at the sessions thereof and fonT
dollar! each Tor every twenty miles travel in going
eording to the nearest usually Travelled routes Snd
an additional allowance OF four dollars per ay NAL
be paid to the presiding oticer OF each house IN
each day he shall so preside And 4 hiefclerk, one
assistant clerk, one enEroSSirg and one enrolling
eletk, sergcant.at-arms and door keeper may b
chosen for each house and the chief clerk ahai 70
ceiEo ionr dollars per day and the said other officer
three dollars per day during the session Of the
Legislative Assembly, but other officers shall be
paid by the United States: Provided, That there
shall be but one session Of the the Legislative AZ.
Sembly annually, unless, on an extraordinary oc-
easou, the Governor shall think proper to cali the
Iegis alive Assembly together. There shall be ap
prOPriAtsd annually the usual SUN, to be expended
BY the Governor, To d0ray the contingent expenses
OF the Territory, including the salary the clerk
OF the executive department: Aud there shall also
be appropriated annually sufficient sum 70 be ex.
pended by the Secretary Ofthe Territory, and upon
an estimate to be made by the Secretary Of the
Territory, Of the United States to dsfray the ex.
pen8es OF the Legislative Assembly, the printing
OF the laws, and other Incidental eX penSeS And me
GpVernor aud Secretary Of the Territory shall n
the disbursement OF all moneys intT listed to them,
be Verned sol ly by the iustTuetSons Of the Sec.
retaFyO OF the Treasury uf the United States, and
Ohall temi-annualy account to the said Secretary
for the manner in VII oh the hfoFeRNid mOnav ~ II