Page:United States Statutes at Large Volume 9.djvu/481

THIRTY-FIRST CONGRESS. Sess. I. Ch. 51. 1850. 455 United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly and governor shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect. Sec. 7. And be it further enacted, That all township, district, and _H¤yv township, county officers, not herein otherwise provided for, shall be appointed or g;f;j°*· DEQ3g elected, as the case may be, in such manner as shall be provided by m 5, i,., ,1,, the governor and legislative assembly of the territory of Utah. The 1><>i¤*¤<l· governor shall nominate, and, by and with the advice and consent of the legislative Council, appoint all officers not herein otherwise provided tiir; and in tlie 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 offices. Sec. 8. And be it further enacted, That no member of the No memberof legislative assembly shall hold or be appointed to any ,office which lasiggtip {fc, shall have been created, or the salary or emoluments of which shall 00,52,, have been increased while he was a member, during the term for which during his term he was elected, and for one year after the expiration of such term; gg, °§;’;°°’yE:; and_n0 person holding a commission or appointment under the United thereafter. Offi- States, except postmasters, shall be a member of the legislative assem- :**5** gfazhg U2; bly, or shall hold any office under the overnment of said Territory 5,,,, pgsjmas- Sec. 9. And be it further enacted, That the judicial power of said ters. rmt to be Territory shall be vested in a Supreme Court, District Courts, Probate ;';;Rl’;fS0ffh:fj Courts, and in justices of the peace. The Supreme Court shall consist office. of a chief justice and two associate justices, any two of whom shall The judicial constitute a quorum, and who shall hold a term at the seat of govern- Qgggff j;;'};';? ment of said Territory annually, and they shall hold their offices during to bg @,,,,,,,5%.;, the period of four years. The said Territory shall be divided into three judicial districts, and a District Court shall be held in each of Distriotcourts. said districts by one of the justices of the Supreme Court, at such time and placeas 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 Jurisdiction or provided for, both appellate and original, and that of the Probate Courts €;‘~;"S gid J3; and of justices of the peace, shall be as limited by law: Provided, P,,,,c,,,w,_ That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land maybe in dispute, or where the debt or sum claimed shall exceed one hundred dol- Pr<>vi¤¤· lars; and the said Supreme and District Courts, respectively, shall possess chancery as well as common law jurisdiction. Each District Court, or the judge thereof, shall appoint its clerk, who shall also Clerk. be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals Wi-its of error, shall be allowed in all cases from the final decisions of said District &°· Courts to the Supreme Court, under such regulations as may be prescribed by law; but in no case 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 hold Clerk. 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 Writs or error Supreme Court, shall be allowed, and may be taken to the Supreme gggljgaizkgzau 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 the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thou and dollars, except only that, in all