Page:United States Statutes at Large Volume 12.djvu/242

212 THIR’I`Y—SIXTH CONGRESS. Sess. II. Ch. 83. 1861. Township, dis- Sm. 7. And be it jiwthewv enacted, That all township, district, and ¤‘*°*» °¤d°°°¤*Y county ohicers, not herein otherwise provided for, shall be appointed or °m°°”' elected, as the case may bc, in such manner as shall be provided by tha governor and legislative assembly of the Territory. The governor shall nominate aud, by and with the advice and consent of the legislative council, appoint all officx-ars 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 districts for members of the council and house of representatives, and all other officcxs. Membmpf Sec. 8. And be it jimhar mvwted, That no member of the legislative £3§i§m‘;;°c‘;‘r;am assembly shall hold or be appointed to any officc which shall have been ,,;g€,,,_ created, or the §alary or emolumeuts of which shall have been increased while he was a. member, during the berm for which ha was elected, and for one year after the expiration of such term; and no person holding a. gghsrgmgggg. commission or appointment under the United States, except postmasters, bm shall be a member of the legislative assembly, or shall hold any office under the government of said Territory. Judicial power. Sm. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate S°P*°m° °°“*`*¤· courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a. quorum, and who shall hold a term at the scat 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 judicial dis- Di-¤¤‘i¢¢ ¤¤¤¤‘f·¤· trictp, and a 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 that of the probate courts and of the justices of the peace, shall be as Jurisdiction of limited lfy law: Provided, :I`hv.t justices of the peace shall not have jmim of me Jumsdnctxon of any matter m controversy when the title of boundaries peme. of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chaucery as well as common-law jurisdiction; and authority for redress of all wrongs committed against the Constitution or laws of the United States, or of the Territory, affecting persons or prop- _ Glqrk and mg- erty. Each district court, or the judge thereof; shall appoint its clerk, who “w;’_19a’:f‘éln‘§•f;_°f8;·>;: shall also be tha register in chaucery, and shall keep his office at the place ’ where the court may be held. Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as ma} be prescribed by law; but in no casa removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof; shall appoint its own clerk, and every clerk shall hqld his office at the pleasure of the court for which he shall have been appointed. Writs 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 manner and under the same regulations as iiom the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or aifmmatiou of either party, or other competent witness, shall exceed one thousand dol- Igrs; 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 as is vested in the circuit and district courts of the United States; and the- said supreme and district courts of the said Territory, and thq respective ryudggs thereof, shall and may grant writs of habeas corpus m all cases m whxch the same are grzmtablc by the judges of the