Page:United States Statutes at Large Volume 12.djvu/271

THIRTY-·SIXTH CONGRESS. Sues, II. Ch. 86. 1861. 241 holding and conducting all elections by the people, and the apportioning lS*%l>**°<l¤°¤t the representation in the several counties or districts to the council and °°°m°S' house of representatives, according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed Length of ses~ the term of forty days, except the first, which may be extended to sixty ¤i°”· days, but no longer. Sec. 5. And be it further enacted, That every free white male in- VQ*¤¤”¤ 8* 6*%* habitant of the United States above the age of twenty-one years, who g°{,°£§]m°r:,°}£§;f shall have been a resident of said Territory at the time of the passage of this act, shall be entitled to vote at the first election, and shall be eligible to any cftice within the said Territory; but the qualitications of voters At subsequent and of holding office at all subsequent elections shall be such as shall be electionsprescribed by the legislative assembly: Provided, That the right of suti Pmviso. frage and of holding office shall be exercised only by citizens of the United States and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the Constitution of the United States. Sec. 6. And be it further enacted, That the legislative power of the _Is§xtent and Territory shall extend to all rightful subjects of legislation consistent with ggllts of l°g“1“‘ the Constitution of the United States and the provisions of this act; cpowel-` but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents ; nor shall any law be passed impairing the rights of private property; nor shall any discrimination be made in taxing cliferent kinds of property; but all property subject to taxation shall be in proportion to the value of the property taxed. Sec. 7. And be it fw·ther enacted, That all township, district, and _TqW¤¤l1i¤. county officers, not herein otherwise provided for, shall be appointed or gf;;?*0*g‘gm_ elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory. The governor shall nominate aud, by and with the advice and consent of the legislative couneil, 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 districts for members of the council and house of representatives, and all other oilieers. Sec. 8. And be it further enacted, That no member of the legislative pmol}, disassembly shall hold or be appointed to any office which shall have been qgaliied *0 Mid created, or the salary or emoluments 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; 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 Territory. Sec. 9. And be it further enacted, That the judicial power ofesaid Ter- Judicial p¤w¤r· ritory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief S¤P¤‘¢¤¤¤ ¢¤¤¤‘*- justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a 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 judicial mmm mlm_ districts, 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 _ _ _ jurimiction of the several courts herein provided for, both appellate and J¤¤¤d¤¤¤0¤- original, and that of the probate courts and of the justices of the peace, von. xu. Pms.—31