« SebelumnyaLanjutkan »
63. The Supreme Court, except in cases hereinafter provided, shall have appellate jurisdiction only, which jurisdiction shall extend to all cases when the matter in dispute shall exceed three hundred dollars, and to all cases in which the constitutionality or legality of any tax, toll, or impost of any kind or nature soever, shall be in contestation, whatever may be the amount thereof; and likewise to all fines, forfeitures, and penalties imposed by municipal corporations, and in criminal cases on questions of law alone, whenever the punishment of death or hard labor may be inflicted, or when a fine exceeding three hundred dollars is actually imposed.
64. The Supreme Court shall be composed of one Chief Justice, and of three associate-justices, a majority of whom shall constitute à quorum.
The Chief-Justice shall receive a salary of six thousand dollars, and each of the associate-judges a salary of five thousand five hundred dollars annually. The Court shall appoint its own clerks. The judges shall be appointed for the term of eight years.
65. When the first appointments are made under this Constitution, the Chief Justice shall be appointed for eight years, one of the associate-judges for six years, one for four years, and one for two years ; and in the event of the death, resignation, or removal of any of said judges before the expiration of the period for which he was appointed, his successor shall be appointed only for the remainder of his term; so that the term of service of no two of said judges shall expire at the same time.
66. The Supreme Court shall hold its sessions in New Orleans from the first Monday of the month of November to the end of the month of June, inclusive. The Legislature shall have power to fix the sessions elsewhere during the rest of the year; until otherwise provided, the sessions shall be held as heretofore.
67. The Supreme Court, and each of the judges thereof, shall have power to issue writs of habeas corpus, at the instance of all persons in actual custody under process, in all cases in which they may have appellate jurisdiction.
68. In all cases in which the judges shall be equally divided in. opinion, the judgment appealed from shall stand affirmed; in which case each of the judges shall give his separate opinions in writing
69. All judges, by virtue of their office, shall be conservators of the peace throughout the State. The style of all processes shall be, « The State of Louisiana." All prosecutions shall be carried on in the name and by the authority of the State of Louisiana, and conclude, against the peace and dignity of the same. 70. The judges of all the courts within this State shall, as often
may be possible so to do, in every definite judgment, refer to the particular law in virtue of which such judgment may be rendered, and in all cases adduce the reasons on which their judgment is founded.
71. No court or judge shall make any allowance by way of fee or
compensation in any suit or proceedings, except for the payment of such fees to ministerial officers as may be established by law.
72. No duties or functions shall ever be attached by law to the supreme or district courts, or to the several judges thereof, but such as are judicial; and the said judges are prohibited from receiving any fees of office or other compensation than their salaries for any civil duties performed by them.
73. The judges of all courts shall be liable to impeachment; but for any reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them on the address of three-fourths of the members present of each house of the General Assembly. In every
such case the cause or causes for which such removal may be required, shall be stated at length in the address, and inserted in the journal of each house.
74. There shall be an Attorney-General for the State, and as many district-attorneys as may be hereafter found necessary. They shall hold their offices for two years; their duties shall be determined by law.
75. The first Legislature assembled under this Constitution shall divide the State into judicial districts, which shall remain unchanged for six years, and be subject to re-organization every sixth year thereafter.
The number of districts shall not be less than twelve, nor more than twenty.
For each district one judge, learned in the law, shall be appointed, except in the districts in which the cities of New Orleans and Lafayette are situated, in which the Legislature may establish as many district courts as the public interest may require.
76. Each of the said judges shall receive a salary to be fixed by law, which shall not be increased or diminished during his term of office, and shall never be less than two thousand five hundred dollars annually. He must be a citizen of the United States, over the age of thirty years, and have resided in the State for six years next preceding his appointment, and have practised law therein for the
years. 77. The judges of the district courts shall hold their offices for the term of six years. The judges first appointed shall be divided by lot into three classes, as nearly equal as can be, and the term of office of the judges of the first class shall expire at the end of two years, of the second class at the end of four years, and of the third class at the end of six years.
78. The district courts shall have original jurisdiction in all civil cases, when the amount in dispute exceeds fifty dollars, exclusive of interest. In all criminal cases, and in all matters connected with successions, their jurisdiction shall be unlimited.
79. The Legislature shall have power to vest in clerks of courts authority to grant such orders, and to do such acts as may be deemed necessary for the furtherance of the administration of justice,
space of five
and in all cases the powers thus granted shall be specified and de termined.
80. The clerks of the several courts shall be removable for breach of good behavior by the judges thereof; subject in all cases to an appeal to the Supreme Court.
81. The jurisdiction of justices of the peace shall never exceed, in civil cases, the sum of one hundred dollars, exclusive of interest, subject to appeal to the District Court in such cases as shall be provided for by law. They shall be elected by the qualified voters of each parish for the term of two years, and shall have such criminal jurisdiction as shall be provided for by law.
82. Clerks of the district courts in this State shall be elected by the qualified electors in each parish, for the term of four years, and should a vacancy occur subsequent to an election, it shall be filled by the judge of the court in which such vacancy exists, and the person so appointed shall hold his office until the next general election.
83. A sheriff and a coroner shall be elected in each parish, by the qualified voters thereof, who shall hold their offices for the term of two years, unless sooner removed.
Should a vacancy occur in either of these offices subsequent to an election, it shall be filled by the Governor; and the person so appointed shall continue in office until his successor shall be elected and qualified
TITLE V.- Impeachment. Art. 84. The power of impeachment shall be vested in the House of Representatives.
85. Impeachments of the Governor, Lieutenant-Governor, Attorney-General, Secretary of State, State Treasurer, and of the judges of the district courts, shall be tried by the Senate: the Chief Justice of the Supreme Court, or the senior judge thereof, shall preside during the trial of such impeachment. Impeachments of the judges of the Supreme Court shall be tried by the Senate. When sitting as a court of impeachment, the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the senators present.
86. Judgments in cases of impeachments shall extend only to removal from office and disqualification from holding any office of honor trust or profit under this State; but the parties convicted shall, nevertheless, be subject to indictment, trial, and punishment according to law.
87. All officers against whom articles of impeachment may be preferred, shall be suspended from the exercise of their functions during the pendency of such impeachment; the appointing power may make a provisional appointment to replace any suspended officer until the decision on the impeachment.
88. The Legislature shall provide by law for the trial, punish
ment, and removal from office of all other officers of the State, by indictment or otherwise.
TITLE VI.-General Provisions. Art. 89. Members of the General Assembly, and all officers, before they enter upon the duties of their offices, shall take the following oath or affirmation: “I(A.B.) do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States and of this State; and I do further solemnly swear (or affirm) that, since the adoption of the present Constitution, I, being a citizen of this Staté, have not fought a duel with deadly weapons within this State, nor out of it, with a citizen of this State, nor have I sent or accepted a challenge to fight a.duel with deadly weapons with a citizen of this State, nor have I acted as second in carrying a challenge, or aided, advised, or assisted any person thus offending: so help me God.”
90. Treason against this State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testi. mony of two witnesses to the same overt act, or his own confession in open court.
91. Every person shall be disqualified from holding any office of trust or profit in this State, who shall have been convicted of having given or offered a bribe to procure his election or appointment.
92. Laws shall be made to exclude from office, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practice.
93. No money shall be drawn from the treasury but in pursuance of specific appropriations made by law, nor shall any appropriation of
money be made for a longer term than two years. A regular statement and account of the receipts and expenditures of all public moneys shall be published annually, in such manner as shall be prescribed by law.
94. It shall be the duty of the General Assembly to pass such laws as may be proper and necessary to decide differences by arbitration.
95. All civil officers for the State at large shall reside within the State, and all district or parish officers within their districts or parishes, and shall keep their offices at such places therein as may be required by law; and no person shall be elected or appointed to any parish office who shall not have resided in such parish long enough before such election or appointment to have acquired the right of voting in such parish; and no person shall be elected or
appointed to any district office, who shall not have resided in such district, or an adjoining district, long enough before such appointment or election, to have acquired the right of voting for the same.
96. The duration of all offices not fixed by this Constitution shall never exceed four years.
97. All civil officers, except the Governor and judges of the Supreme and district courts, shall be removable by an address of a majority of the members of both houses, except those the removal of whom has been otherwise provided for by this Constitution.
98. Absence on the business of this State or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under the exceptions contained in this Constitution.
99. It shall be the duty of the Legislature to provide by law for deductions from the salaries of public officers who may be guilty of a neglect of duty.
100. The Legislature shall point out the manner in which a person coming into the State shall declare his residence.
101. In all elections by the people the vote shall be by ballot, and in all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce.
102. No member of Congress, nor person holding or exercising any office of trust or profit under the United States, or either of them, or under any foreign power, shall be eligible as a member of the General Assembly, or hold or exercise any office of trust or profit under the State.
103. The laws, public records, and the judicial and legislative written proceedings of the State shall be promulgated, preserved and conducted in the language in which the Constitution of the United States is written.
104. The Secretary of the Senate, and Clerk of the House of Representatives, shall be conversant with the French and English languages, and members may address either house in the French or English language. 105. The
General Assembly shall direct by law how persons who are now, or may hereafter become sureties for public officers, may be discharged from such suretyship.
106. No power of suspending the laws of this State shall be exercised, unless by the Legislature or by its authority.
107. Prosecutions shall be by indictment, or information. The accused shall have a speedy public trial by an impartial jury of the vicinage: he shall not be compelled to give evidence against himself: he shall have the right of being heard by himself or counsel: he shall have the right, unless he shall have Aed from justice, of meeting the witnesses face to face, and shall have compulsory process for obtaining witnesses in his favor.
108. All prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or presumption great;