Year: 1866

IutSuay III OCCODGf IN each year, and the fall
term of the district court for said district to be
held at Dubuque, shall be held on the third Tues
day in November.


Approved, March 2, 1868.


CHAP. Xxx.


An Act to amend an Act entitled can Act to pro-


vide Temporary Government for the Terrific


ry of Colorado.


Be it enacted by the Senate and House of Re-
presentatives of the United States of America in
Congress assembled, That the second section of
the act to which tbs act is an amendment be al
tered SO as to read as follows The executive pow
er and authority in and over said Territory of Co
Colorado shall be vested in a Governor, who shall
hold his office for fouI years, and until his sue
cessor shall be appointed and qualified, unless
sooner removed by the president of the United
States. The Governor shall reside within said
Territory, shall be communicative chief of the mi
itia thereof shall perform the duties and receive
the emoluments OF superintendent of Indian Af-
fairs; he may grant pardons for offences against
the laws of the United States, until the decision
of the President can be made known thereon; he
shall commission all officers who shall be ap-
pointed to office under the laws of said Territory
and shall take care that the laws faithfully eX-
ecuted.


Sec. 2 And be it further enacted, That eyery
bill which shall have passed the Legislative assem-
bly, shall, before it become a law, be presented
to the Governor of the Territory; if he approve
he shall shall sign it; but if not, he shall return
it, with his objections, to the house in which it
originated who shall enter the objections at large
on their journal and proceed to reconsider it. If
after such reconsidera ion, two thirds of that
house shall agree to pass the bill it shall be sent
together with the objections, to the other house,
if approved by two thirds of that house, it shall
become a law. But in all such cases the votes of
both houses shall be determined by yeas and nays,
to be entered on the journal of each house pee
lively. If any bill shall not be returned by the
Governor within three days (Sundays cxcepted)
after it shall have been presented to him. the
same shall be law in like manner as if he had
signed it, unless the assembly, by adjournment,
prevent its return, in which case it shall not be
law.


Sec. g. And be it further enacted That section
nine of the act to which this act is amendatory
be altered SO to read follows Section 9.
And be it further enacted, That the judicial DOW
er of said Territory shall be vested in supreme
court, district courts, probate courts, and JUS
tices of the peace The supreme court shall con-
sist of chief justice and two associate Justices
any two of whom shall constitute quorum, and
who shall mold term at the seat of government
of said Territory annually, and they shall hold
their offices during the period of four years.
The said Territory shall be divided into three ju-
dicial districts, and district court shall be held
in each of said districts by one of the justices OF
the supreme court at such time and place as may
be prescribed by law; and the said judges shall,
after their appointments, respectively reside in
the districts which shall be assigned them. The
jurisdiction of the several courts herein provided
for, both appellate and original, and of the JUS
tces 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, when the debt sum claimed shall
eXceeQ Jnrec nunQreQ dollars ana the SAID pro-
bate court shall not have Jurisdiction of any mat
ter in controversy when the debt or sum claimed
shall exceed the sum of two thousand dollars
and said supreme and district court shall have
authority for redress Of all wrongs committed
against the constitution and laws of the United
States; and the said SUPREME district, and pro-
bate court respectively, shall possess chancery
as well as common-law Jurisdiction and authority
for the redress of all wrongs committed against
the laws of said Territory, affecting persons or
property. Each district court, or the judge there
OF, 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, md appeals shall be
allowed from the final decisions OF said district
and probate courts to the supreme court, under
such regulations as shall be prescribed by law !;
but in removed to the supreme court
shall trial by jury be allowed in said court. The
supreme court or the justices thereof, shall ap
point it's own clerk, and every clerk shall hold
his office at the pleasure of the court for which
he shall have been appointed. Writs of error,
and appeals from the 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
the circuit courts OF the United States when the
value of the property, or the amount in contro-
versy, to be ascertainee by the oath atfirna-
tion of either party or other competent witness,
shall exceed one thousand dollars; and each of
said supreme and district courts shall have and
exercise the same jurisdiction in all cases arising
under the constitution and laws of the United
States vested i'll the circuit and district court
OF the United States; and the said supreme and
district courts of said Territory, and the respec-
tive judges thereof, shall and may grant writs of
habeas corpus in all cases in which the same are
granted by the judges of the United States in the
District of Columbia: and the first six days of
every term of said courts, much thereof as
shall be necessary, shall be appropriated to the
trial of causes arising under the said constitution
aud laws and writs of error and appeals in all
such cases shall be made to the supreme court of
said Territory the same as in other cases. The
said clerk shall receive in all such cases the same
fees which the clerks of the district courts of
Oregon Territory received for similar services.


Sec. And be it further enacted, That the
provisions of section and two of this act
Shall be applicable to the Territory of Dakota,
and shall have like effect in the Territory of
Colorado.


Approved, March ?, 1862.


CHAP. LXXl.