Page:United States Statutes at Large Volume 12.djvu/204

 174 THIRTY—SIXTH CONGRESS. Sess. II. Ch. 59. 1861. Power of legis- Sec. 6. And be it further enacted, That the legislative power of the l¤**¤‘°· Territory shall extend to all rightful subjects of legnslatwu consistent with the Constitution of the United States and the provisions of the act; 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 1m- pairing the rights of private property; nor shall any chscrxmination be made in taxing diderent kinds of property; but all property subject to taxation shall be in proportion to the value of the property taxed. Township, dis- Sec. 7. And be it further enacted, That all township, district, and coun- °mcm' 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 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 districts for members of the council and house of representatives. and all other officers. l Mcmbm Omg. Sec. 8. And be it further enacted, That no member of the legislative asislative assembly sembly shall hold or be appointed to any office which shall have been created, 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. Judicial power. Sec. 9. And be it furtluzr enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate Supreme court. 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 seat of government of said Territory annually; and they shall hold their offices during the period of name; wut-;. four years. The said Territory shall be divided into three judicial 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, Jurisdiction of respectively, reside in the districts which shall be assigned them. The mmm_ Jurisdiction of the several courts heroin provided for, both appellate and original, and that of the probate courts and of the justices of the peace, Of justices of shall be as limited by law: Provided, That justices of the peace and prothe pence and bate courts shall not ha.ve jurisdiction of any matter in controversy when P"°b““ °°‘“`°“‘ the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and _(rmnce,·_,»ju3,,. district courts, respectively, shall possess chanccry as well as common law d¤¢¤¤¤· jurisdiction; and authority for redress of all wrongs committed against the Constitution or laws of the United States, or of the Territory, affecting per- Cmk md my sons or property. Each district. court or the judge thereof shall appoint its star. clerk, who shall also be the register in chancery, and shall keep his office iv,;;, of 6,,,,,-, at the place where the court may be held. Writs of error, bills of excep- &¤· tion, and appeals, 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 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,
 * "l°*· me °°“¤*Y ty officers, not herein otherwise provided for, shall be appointed or elected,
 * ‘:i;*:m;‘;° °°"‘ or the salary or emoluments of which shall have been increased, while he