Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-03-23

members OF the council, aud whose term Of seFv-
ice shall clstluue one year, The number OF rep,
rsssn'Atiyes IN y be incTeaeed by tbs legislative
assembly, trOm time 70 time 20 twenty - tx, in
proportion % the increase OF qualified voters; az
the council, in like manner, 10 thirteen, An az
portiouu snt shall be made, as nearly equal as
practicable among the several ctuntes or districts
for the eleouon 81 the council and TeprestntR-
uyes swing 70 each $ ION oftte Territory rep 70
retenta ion IN the Iauo Of rs qualified voters as
nearly IS may be- And h members Of the Gour-
oil arc OF he house ofrtprese tatlves shall rest de
m, AM be inhabitants OF, the district or county
or counties for which they NAV be elected espee-
lively. Previous the hrst election the COVER
nor shslI cause census ,or enumertion Of in %
habitants and qualified voters Of the several oaun-
ties and d sttets Of the Territory 10 be taken by
such persons and in such mo ie as the governor
sLall designate am appOint, aRd the peIsnn so
apom,ed shall receive Te sonHb eOmpeHs ton
therefor. And the ii st eleelon shall he hell AZ
su n time anb places and be- con ucted IN such
manner, pOih as 70 the berson' who shall suqer-
Intend such election Bnd the returns Thereon $
Tho governor shall as the governor shall appoint
ana he shall a. the same time declare the num-
Der OF memb rs OF the council and house OF reIre
RentattYes 10 whloh each Of the couutir, or dis
trcts shall DO emitted under tn act The per
sons living the highest number Of legal
votes in eaGn Of said Gouuou districts re pect We
ty. r members otthe council shall be declared
by the governor TO b. duly ell o.ed 70 the coun-
oil; ana he p 'rsons having the number OF legal
said representative districts resIeGtively, shl !
he declared by thu governor 20 be duly elected
M mheTs of said house PrOUide8, That in case
two or more persons vot for shall have an
equal number OF vo es,aud in case a vacancy shall
OF her Ri,e occur la either ranch OF the atyp
assembly, the governor shah order anew ele on
And the uers ms thus elected 10 the /, gisl ttlve
assembly sh III meet AZ such place and on such
day as the governor shz II appoint thereafter the
time, place and mani err Of no ding aud coniuet-
oil nv No. 81
ing the e resent ,tiou IN the scyera counties or
dislrC.s 70 the council ami housa of representa-
ives, According 70 the Iumbrr OF qualified vo-
ters, sh4ll b pIecntet by law, as welt as the
day OF the comm nCamen of the regular Sc $ ons
Of tue legislative assembly: Proridsd, That n,
session in any one year shall exceed the term of
forty days keep the first session, which NAV con
tnue KY days
SIC, 5. And be IL yhHther cNaCted That all
c tizens Of the United States, and those who have
deCllrcd their intentions 10 become such, AMI
VINO are otherwise described and qualified under
the nth section of the act of Congress providing
for temporary government for the Territory Of
Idaho, approved March third, eighteen hundred
and sIxtg-threc, shall be entitled 10 vote at ,aid
first election, and shall be eligible to any office
within the said Territory; hut the qua ifea'ious Of
voters, and of holding flee, at all subsequent
elections, shall be such as shall be prescribed by
the legislative assembly.
SRC. 6. Ind b. Il ttrihsr enacted, That the
legislative power of the Territory shall extend TO
ali rightful subjects il legslated consistent with
the Constitution of tho United stat, and tn pro
v.sons Of tn act; but no law shall be- passed IN
terterng with the primary disposal OF the soil; no
tax shall be imposed upon ;ae property OF the
United States, nor shall the lands or property OF
nonresldentS be traxed higher than the lands o
other property Of residents, Every till which
shall have passed the council and house Of rep.
rescntatives of the sail Territory shat, betprr it
becomes law he presented to the gov rnor Of the
Territory. Ii he approve, he shall sign 1t; but II
not, he shall return it, with his Injections, TO the
house in which 1t originated, who all enter the
objecuors at large upon their j1urual aud pro-
coed TO reconsider it. IT. after such reCo Gcra
ton, twO-thirds of that house han agree TO pass
the bill, Il shall be sent together with the object
ions to the other house bg which il shall hkes ise
be reconsilerea, aud, f approved by two-thlr!s
OF that house it shall become Jaw But N all
such casss the votes + ho h homes Shat, 70 j"
leTmlnr d by yeas and nays, 20 tc entered on the
Journal Of each house, respectively. IfRuy blli
snail not be Ie'ufnsd by the governor within
three Gays Sundays eX epted) after it sha have
been presented to him the same sht be a law in
like riinuer AZ if he had 'lgn II, unless the an
sembly, by adj journment, prevent its return; in
which case it shall not be 81 .aW Frordgd, That
whereas slavery is prohibited lF SA'r ItrnoTy
by act OF COngre Of June nioetec,h elgG''en
hundred aad sIXty~t LothWg herein contain
ed shall be constructed T. authorize pe1mt
Its ext tence theI Elm.
Sc. :. ind be 1t further ENACTED, That ali
TOWNSHIP, district, ana county OmCerN. II u
hereia Otherwi-e prJyids fOC, shalt be- appOin,-
ed or eieCed, the case may he, in such man
Eer as shall be pro i.el by the govern and
legislative assembly OF the erritory of Mont1n'.
The governor snail nominate, and, by ard with
the advise and Cpnssnt Of thu leg slatIye unCll
appoint all officers not herein Otberwis- proyi-
ded for and in the ii st ms anCa the governor
alone may appoint all said officers, who sha
hod her officers until the cad Of TIE first SEES
son OF the legislative assembly, and shall lay f
= Dt he
Gil land hluse Of representative, aud all other
officers
Sec. s. and be 1t further ,nacted, That no
member of the legislative assembly shall holl Or
be app Ointed to any office which shall have been
create or the salary or emoluments Of which
shall have been increased while he was a mem
ber during the term Tor viii h he was elected,
and tor year after the expiration of such
term; bu' his restriction shall not be applicable
to members OF the fist Legislative Assem- blv.
And no person holding q commits IOn or appoint
memt under the United States, except poStmast-
erS, shall be mem er the legis awe assem-
bly,, or shall nod any office under the government
OF sad Territory,
JUL al power OF sad Territory shall be vested in
a Supreme cut, i strict courts, and in justices
of the peace. The supreme cou,. sh al co4slst of
chef tlce and two associate justices, apd two
Of whom shall constitute quorum, and who
shall hold a Term at the sat of govern lent of
said Territory Annually; and they shall hold
their Offices curing the period of TOUR years and
uutil tn IL succ Ors shall be appointed aud q "a
iicd. The SAIL Territory shall be divided into
three jud cial distr:cts,itId dstric: court shall
be htld IN each of ssa districts by one OF tic
justices OF tie supreme urt at such tunes and
places as may be plescrhei oy law; and the
said juiges sha u after their appointments, Re.
speCuvey, reside in the distriTS @hicA shall he
assigned them. The jurisdiction Of the several
courts herein provided tcr, both appellate aud
original, and that of the probate courts ami Of
justices Of the peace, shall be limited by law:
Procided, That justices OF the peace shall not
have jurls teton Of any matter liz controversy
when he title OF land may b. in dispute, or where
the dept or sum claimed shall excead one hun
dred collars; and the said supreme and ditri ct
courts, respectively, shalt posses CHANGER as
well as common law jurisdiction Each district
court the judge thereof shlll appoint its clerks
who shall so be the register in ChanCery, and
shall keep his office at the place where tie court
may be hell. Wrts Of error, bill of exceptions,
and appeals, nall be above in all caNes from
the final decisions OF said district courts TO the u
preme court, under such regulates may be
prescribe by law The suprem court, or the JUS
tees thereof, shall appoint its own clerk; and
every clerk shall ho his office at the pleasure of
the court for which he shall have been appoint
ed. Wits Of error and appeals from the fiual de-
cisiOns OF said supreme court saall be allowed,
and may be taken to the Supreme Court OF the
United States in the san man er and under the
same regu atoms as from the circuit courts of the
United States, where the value of the property,
or the amount in controversy, to be as ertaine1
- h. e., h.