Page:United States Statutes at Large Volume 4.djvu/212



navigation, and trade, of the United States, the same fees and compensation as are allowed by law to the clerks, marshals and district attorneys, of the district court of the United States for Louisiana district, in similar causes, and in all other causes, such fees as have been or shall hereafter be established by the legislative council of the said territory. And the clerk, United States attorney, and marshal, of the court of appeals, shall have the same fees and compensation for attending said court, whilst exercising the powers of a circuit court, as directed in this act, as are allowed to the clerk, attorney, and marshals of the circuit courts of the United States: and, in all other cases, such fees as the legislative council of said territory have established, or may direct.

. And be it further enacted, That the judges of the superior courts shall only be required to hold a court in one other place, in their respective districts, than the one assigned by the laws of the United States, to be designated by the governor and legislative council; and so much of any law, as restricts said courts to a particular number of days, for the trial of causes arising under the constitution and laws of the United States, be, and the same is hereby, repealed.

. And be it further enacted, That the marshals of each district shall reside within the same, and execute all the process of said courts, whether arising under the laws of the United States, or of said territory; and perform all the duties of ministerial officers of the same; and shall execute bond, with security, to be approved by said judges, conditioned for the performance of the duties required of the executive officers, by the laws of said territory, in the sum of ten thousand dollars, which shall be recorded by the clerks of said courts.

. And be it further enacted, That thirteen persons shall be annually elected by the people of said territory who shall compose the legislative council thereof, each of whom shall be an inhabitant of said territory, and shall have resided therein one year next preceding his election; and the term for which each shall be elected shall be one year, to commence on the second Monday of December annually. And it shall be the duty of the governor to divide the said territory into thirteen convenient districts, so as to give to each district, as near as may be, an equal number of free white inhabitants, for the purpose of electing members of the legislative council of said territory; and he shall also designate places for holding elections in each district, and appoint judges or managers to preside at, and conduct the same, who shall take the same oath, and observe the same formality, as is now required by law, in the election of delegate to Congress. The time and place of holding the elections shall be made known, by proclamation, and sent to each district, respectively: and it shall be lawful for the inhabitants within the respective districts, who are, or may be qualified voters, under the laws of the same, to elect one person in each district, as a member of the legislative council. And it shall be the duty of the said judges or managers, in each district, to make a return to the governor of the name of every person voted for as a member of the legislative council, in such district, together with the number of votes which each person shall have received, written in full, opposite his name; and the votes in each district shall be canvassed by the governor and secretary of the territory, or by such other persons, or in such other manner, as the legislative council may hereafter direct by law; and the person in each district, having the greatest number of legal votes, shall be declared elected, and entitled to a seat in the legislative council; and in case two or more persons shall have the greatest, and an equal number of votes in any district, it shall be lawful for the governor to order a new election in such district, in such manner, and at such time, as the legislative council may by law prescribe. And the said legislative council shall hold a session in every year, commencing on the second Monday in December, in each year, at