Page:United States Statutes at Large Volume 12.djvu/841

 THIRTY—SEVENTH CONGRESS. Sess. HI. Ch. 117. 1863. 811 shall be sont, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two thirds of that Vm power. 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 respectively. If any bill shall not be returned by the govcrnor within three days (Sunday excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return; in which casa it shall not be a law: Provided, That whereas slavery is prohibited in Slavery. said territory by act of Congress of June nineteenth, eighteen hundred 1862, ch. 111. and sixty-two, nothing herein contained shall be construed to authorize or A"": PAB2- permit its existence therein. Sec. 7. And be it .f’ur¢her enacted, That all township, district, and T0w¤ship, discouuty officers, not herein otherwise provided for, shall be appointed or ggfjémmd °°“’“-Y elected, as the case may be, in such manner as shall be provided by the ` governor and legislative assembly of the Territory of Idaho. The govcruor shall nominate and, by and with the advice and consent of the legislative council, appoint all officcrs 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 0H` the necessary districts for members of the council and house of representatives, umd all other officers. Sec. 8. And be it further enacted, That no member of the legislative Mempm of assembly shall hold 01- be appointed be any officc which shall have been {)‘j$"l;f:'fo“,:;f&' created, or the salary or cmoluments of which shall have been increased, gig, cc,-mn ’ while he was a member, during the term for which he was elected, and ¢•iH¤¢¤· for one year after the expiration of such term ; but this restriction shall not be applicable to members of the first legislative assembly; and no person holding a commission or appointment under the United States, cx- Who may not cept postmasters, shall be a member of the legislative assembly, or shall fgé ";;';:‘°1;`b,°for hold any officc under the government of said Territory. hom umm, ’ Sec. 9. And be it further enacted, That the judicial power of said Judiciulpower. territory shall be vested in 2. supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a. chief Supreme justice and two associate justices, any two of whom shall constitute a°°“"·· quorum, and who shall hold n. term at the seat of government of said Territory annually; and they shall hold their oHlccs during the period of four years, and until their successors shall be appointed and qualified.   The said Territory shall be divided into three judicial districts, and a dis-  £*$*2§Lg’“"*·’ trict court shall be held in each of said districts lgy one of the justices of ' _ the supreme court at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in {gba 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 justices of the peace, shall be limited by law: Provided, That justices of the peace shall not have jurisdiction of any mat- Justices of the fer in controversy when the title or boundaries of land may be in dispute, P°“°°· or where the debt or sum claimed shall exceed one hundred dollars; and .  the said supreme and district coms, respectively, shall possess chanccry Cb¤¤¤¤ry r<>w· =as well as common-law jurisdiction. Each district court, or the judge °”‘ ’ thereof, shall appoint its clerk, who shall also be the register in chancery, Clerks of Rnd shall keep his office at the place where the court may be held. Writs °°““· _ of 0!‘1‘0r,· bills of exceptions, and appeals, shall be allowed in all cases &:V"” °f °"°*`• from the final decisions of said district courts to the supreme court, under ' j such regulations as may be prescribed by law. The supreme court, or fj the justices thereof; shall appoint its own clerk, and every clerk shall hold Cl°’k’· i. his ofH<:c at the pleasure of the court for which he shall have been ap- if pointed. Writs of error and appeals from the Hnal decisions of ssud &W¥1*¤ of °¤’°"• supreme court shall be allowed, and may be taken to the supreme court °'