Page:United States Statutes at Large Volume 3.djvu/792



reconsider it. If, after such reconsideration, two thirds of the members of the legislative council agree to pass the bill, it shall become a law; and the names of the persons voting for or against the bill shall be entered on the journal: Provided, nevertheless, That all bills to tax the inhabitants of the said territory, or their property, shall, before they become laws, receive sanction of Congress; except when the said bills shall authorize county, city, and town, officers to collect taxes for the use and benefit of their respective counties, cities, and towns; and for no other purposes.

. And be it further enacted, That the judicial power shall be vested in two superior courts, and in such inferior courts, and justices of the peace, as the legislative council of the territory may, from time to time, establish. There shall be a superior court for that part of the territory known as East Florida, to consist of one judge; he shall hold his court on the first Mondays in May and November, in each year, at St. Augustine, and at such other times and places as the legislative council shall direct. There shall be a superior court for that part of the territory known as West Florida, to consist of one judge; he shall hold a court at Pensacola, on the first Mondays in May and November, in each year, and at such other times and places as the legislative council shall direct. Within its limits herein described, each court shall have jurisdiction in all criminal cases; and exclusive jurisdiction in all capital offences; original jurisdiction in all civil cases, of the value of one hundred dollars, arising under, and cognisable by, the laws of the territory now in force therein, or which may, at any time, be enacted by the legislative council thereof. Each judge shall appoint a clerk for his respective court, who shall reside, respectively, at St. Augustine and Pensacola, and they shall keep the records there. Each clerk shall receive for his services, in all cases arising under the territorial laws, such fees as shall be established by the legislative council. And the said judges may adjourn their respective courts to any other time or place, whenever St. Augustine or Pensacola shall be infected with a malignant fever; and writs of error and appeal from the final decisions of the said superiour [superior] courts, authorized by this section of this act, shall be made to the Supreme 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 amount in controvercy [controversy,] to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars.

. And be it further enacted, That each of the said superiour [superior] courts shall, moreover, have and exercise the same jurisdiction within its limits, in all cases arising under the laws and constitution of the United States, which by, approved the twenty-fourth of September, one thousand seven hundred and eighty-nine, and “,’” approved the second of March, one thousand seven hundred and ninety-three, was vested in the court of Kentucky district. And writs of error and appeal from the decisions in the said superiour [superior] courts, authorized by this section of this act, shall be made to the Supreme Court of the United States, in the same cases, and under the same regulations, as from the circuit courts of the United States. The clerks, respectively, shall keep the records at the places where the courts are held, and shall receive, in all cases arising under the laws and constitution of the United States, the same fees which the clerk of the Kentucky district received for similar services, whilst that court exercised the powers of the circuit and district court.

. And be it further enacted, That there shall be appointed two persons, learned in the law, to act as attorneys of the United States, as well as for the territory, one for that part of the territory