Year: 1864




turn; in which case it shall not be law: +:
ProVided, That whereas slavery is prOhib.
tied in said Territory by act of Congress
Of June nineteenth, eighteen hundred and
sixty.two, nothing herein contained shall
be construed to authorize or permit its ex-
istence therein


Sec. Z. And be t further enacted, That
all township, district, and county officers,
not herein otherwise provided for, shall be
appointed or elected, as the case may be,
in such manner as shall he provided BY the
Governor and Legislative Assembly Of the
Territory of Montana. The Governor shall
nominate, and. by and with the advice and
consent of the Legislative Council, appoint
all officers not herein otherwise provided
for; and in the first instance the Governor
alone may appoint all said officers, who
shall hold their Offices until the end of the
first session Of the Legislative Assembly,
and shall lay off the necessary district for
members Of the council and house of re-.
Presentatives, 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 shaii have been created, or the salary
or emolun. nts of which shall have been
increased while he was a 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 Assem-.
bly,. And no person holding a commission
or appointment under the United States,
except postmasters, shall be a member Of
the Legislative Assembly, or shall hold any
Office under the Government of said Terri.
tory.


Sec. 0. And be IL further enacted, That
the judicial power of said Territory shall
be vested in supreme court, district courts,
probate courts, and in justices of the peace.
The supreme court shall consist Of chief
justice and two associate justices, any two
of whom shall constitute q quorum, and
who shall hold term at the seat of gov.
ernment Of said Territory annually; and
they shall hold their offices during the Pc
riod Of four years, and until their success
sors shall be appointed and qualified. The
said Territory shall be divided into three
judicial districts, and q 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
respectively, 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 JUS
tices Of the peace, shall be limited by law
Prov ded, That justices Of the peace shall
not have jurisd ction Of any matter in con.
troversy 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 aud district courts, respcc-
lively, shall possess ehancery as well as
common law jurisdiction. Each district
court, or he judge thereof 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 error, bills Of exceptions, and appeals,
shall be allowed In ell cases from the final
decisions Of said district courts to the su-
preme court, under such regulations 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
OF the pleasure of the court for which be
shall have beenappointed. Writs Of error
and appeals from the final decisions Of said
supreme court shall be. allowed, and may
be taken 10 theSppreme 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 tho amount in controversy, 70
be ascertained by the oath or affirmation
Of either party, or other competent wit
nesses, shall exceed one thousand dollars,
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 thereof or Of the district courts
created by this act, or Of any judge thereof,
upon any writs Of habeas corpus involving
the question Of personal freedom. And
each Of the said district courts shall have
and exercise the same jurisdiction, in all
cases arising under the Constitut on 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 bo necessary, shall be appropriated to
the trial Of causes arising under tho said
Constitution and laws; and wrlts Of error
and appeal in all such cases shall be made
TO tho supreme court Of said Territory the
same as 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 receive for sim.
liar services.


Sec. 10. Ahd De Il further enacted, That
there shall be appointed an attorney for
said Territory, who shall continue in Office
four years, and until his successor shall be
appointed and qualified, unless sooner re.
moved BY the President Of the United
States, and who shall receive the same fees
and salary as the attorney Of the United
States for the present Territory Of Wash
ington. There shall also be marshal for
the Territory appointed, who shall hold his
Office for four years, and until his successor
shall be appointed and qualified, unless
sooner removed BY the President Of the
United States, and who shall execute all
processes issuing from the said courts when
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