The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-01-17
RALEIGH, N. c., DAY,

bers of the first Legislative assembly; and no per-
son holding a commission or appointment under
the United States, except postinasterS, shall be
member of the legislative assembly, or shall hold
any Office under the government OF said Territory.
Sec. 9. And be it further 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 cOur t
| shall consist of chief justice an' two associate
| justices, any two of whom shall constitute a
| quorum and who shall hold term at the seat of
| government of said Territory annually; and they
| shall hold their Offices during the period of four
years, and until their successors shall be appoin-
| ted and qualified. the said Territory shall be
divided into three judicial districts, and district
court shall be held in each of said districts by
of the justices of the supreme court at such times
and places may be prescribed by law and the
| said Judges shall, after their appointments,
spectiyeIy 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:
Provided, That Justices of the peace shall not
have Jurisdiction of any matter in controversy
when the title or boundaries of land may be in
dispute, or where the debt or sum claimed shall
exceed one hundred dollars; rnd the said supreme
and district courts, respectively, shall possess
chancery well as common-law jurisdiction
Each district court, or the judge thereof, shall
appoint its clerk, who shall also be the register
in chancery and shall keep his Office Mt the place
where the court may be held. Writs of error,
bills of exceptions, and appeals, shall be allowed
trict couIts to the supreme court, under such
regulations may be prescribed by law. The
supreme court, or the justices thereof, shall ap-
point its clerk and every clerk shall hold his
office at the pleasure of the court for which he
shall have been appointed. Wrts of error and
appeals from the final decisions OF said supreme
court shall be allowed, and may be taken to the
supreme court of the United States, in the same
regulations from the circuit courts of the Uni
ted States where the value of the property or the
amount in controversy, to be ascertained by the
oath or affirmation OF either party, or Othe com
petent witnesses, shall exceed one thousand dol
lars, except that writ of error 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 of any judge there
of, or of the district courts created by this act,
or of any Judge thereof, upon any writs of habtas
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, 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 appropria-
ted to the trial of causes arising under the said
Contribution and laws; and writs of error and ap-
peal in all such cases shall be made to the SUI
prcme court of said Territory, the same in
other cases. The said clerks shall receive in all
such cases the same fees which the clerks of the
district courts OF Washington Territory now re-
ceiye for similar services.
Sec. TO- And be it further enacted That there
shal be appointed an attorney for said territory,
his successor shall be appointed and qualified,
unless sooner removed by the President of the
United Sites, and who shall receive the same
fees and salary as the attorney Of the United
States for the present Territory of Washington.
There shall also be marshal for the Territory ap
pointed. who shall his office for four years. and
until his successor shall be appointed and quail
tied, unless sooner removed by the President of
the United States, and who shall execute all pro-
cesscs issuing from the said courts when exercising
their jurisdiction as circuit and 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 as the marshal
of the district court of the United States for the
present Territory of Washington, and shall in
addition, be paid two hundred dollars annually Us
a compensation for extra services.
Sec. IL. And be it further. enacted, That the
governor, secretary, chief justice, and associate
justices, attorney, and marshal, Shall be ppoin
ted by he President of the United States, by and
with the advice and consent OF the Senate. The
governor and secretary TO be appointed as afore-
said shall. before they act as such, respectively,
take an oath affirmation before the district
Judge some Justice OF the peace in th. limits
of said Territory duly authorized to administer
oaths and afirmations by the laws now i'll force
therein, or before the chief Justice some
ciate justice of the supreme court of the United
States to support the Constitution of the United
States, and faithfully to discharge the duties OF
their respective offices, which said OathS when
taken, shall be certified by the person by whom
the same shall have been taken; acd such certii-
Gates snail be received and recorded by the said
secretary among the executive proceedings; and
the chief justice and associate justices, and all
civil officers in said Territory, before they act
such. shall take like oath or affirmation before
the said governor or secretary, or some Judge or
justice OF the peace of the Territory, who may
be duly commissioned and qualified which said
oath affirmation snail be certified and trans
mittcd by tine person taking the same 10 the sec
rctary, to be by him recorded aforesaid; and
afterwards the like oath or affirmation shall be
taken, certified, and recorded in such man.
ner and form as may be prescribed by law.
.
of two thousand five hundred dollars the chief
justice and associate justices shall receive an
annual salary of two thousand five hundred |
dollars the secretary shall receive an an
nual salary of two thousand dollars; the said
salaries shall be paid quarter yearly, from the
dates of the respective appointments at the trea-
sury of the United States; but no payment shall
be made until said officers shall have entered up
on the duties of their respective appointments
The members Of the legislative assembly shall be
cutitcd 10 receive four dollars each per day, dur
ing their attendance at the sessions thereof, and
four dollars each for every twenty miles travel
in going to and returning from said sessions, es-
timated according to the nearest usually travel |
led route, AMI on additional allowance of four
dollars per day shall be paid to the presiding Of |
ficer of each house for each day he shall so pre-
side. And chief clerk, one assistant clerk, one |
engrossing and one enrolling clerk, serseantat-
arms and doorkeepcr may be chosen for each |
house. and the chief clerk shall receive four dol |
lars per day, and the said other officers three dol
lars per day, during the session of the egsiative
assembly, Uul OlNcT Snall Dc pdiu ny
the United States: Provided That there shall be !
but one session of the legislative assembly an !
nually, unless, on extraordinary occasion. the |
governor shall think proper to call legislative as
sembIy together. There shall be appropriated
annually the usual sum to be expended by the |
governor to deiray the contingent expenses OF the
Territory, including the salary of the clerk of the
executive department; and there shall be also be
appropriated annually sufficient sum, to be eX-
pended by the secretary of the Territory, and up
on an estimate to be made by the Secretary of the
Treasury of the United States, to defray the ex- !
of the laws, and other incidental expenses; and |
the governor and secretary of the Territory shall
in the disbursement of all moneys intrusted to |
them, be governed solely by the instructions of
the Secretary of the Treasury of the United States
and shall, semiannualy, account to the said Sc |
crctary for the manner in which the aforesaid mo |
ncys shall have expended; and no expenditure |
shall be made by said legislative assembly for OBJ
Jects not specially authorized by the acts OF Con
gress making the appropriations, nor beyond the |
sums thus appropriated for such objects.
Sec. IL. And be it further enacted, That the !
legislative assembly of the Territory of Idaho shall
hold its first session at such time and place in said
Territory rs the governor thereof Shall appoint
and direct; and at said first session, or as soon |
thereafter as they shall deem eXpedient, tue gov
ernor and legislative assembly shall proceed to |
locate and establish the seat of government f,r |
said Territory at such place as they may deem ell
igible: Provided, That the seat of government |
fixed by the governor and legislative assembly |
act of the said assembly duly passed, and which |
Shall he AFT diva at