be submitted to the Congress of the United States, and if disapproved shall be null and of no effect.

ship, district,&

are to be ap

SEC. 7. And be it further enated, That all How, towntownship, district, and county officers, not hereincounty officers otherwise provided for, shall be appointed or elec-pointed. ted, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory of Utah. 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 offices.

hold any office

ber, during his

SEC. 8. And be it further enacted, That no, No member of member of the legislative assembly shall hold oriegis. assem. to be appointed to any office which shall have been created while created, or the salary or emoluments of which he was a memshall have been increased while he was a member,torm of elec'tion, or for one during the term for which he was elected, and foryear thereaf one year after the expiration of such term; and the U.S. except no person holding a commission or appointment be members under the United States, except postmasters, shall of assembly. be a member of the legislative assembly, or shall hold any office under the government of said ter

ritory.

ter. Officers of

p. masters,not

ed, how exer

SEC. 9. And be it further enacted, That the Judicial power, judicial power of said territory shall be vested inin whom vesta Supreme Court, District Court, Probate Courts,cised. 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 four years.

District courts. 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 Jurisdiction oftheir appointments, respectively, reside in the disourts and jus-tricts which shall be assigned them. The juris

tices of the peace, etc.

Provise.

Clerk.

diction 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 as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when 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 district courts respectively shall posses chancery 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, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, 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. Writs of error for which he shall have been appointed. Writs be allowed,&c.of error and appeals from the final decision of said

and appeals to

supreme court, shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit court of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or af firmation of either party, or other competent wit

ness, shall exceed one thousand dollars, except Exceptions. only that, in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy; and except, also, that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decisions of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the circuit and district courts of the United States; and the said supreme and district courts of the said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws; and writs of error and appeal, in all such cases, shall be made to the supreme court of said Territory, the same as in other cases. The said clerk shall receive in all such cases the same' fees which the clerks of the district courts of Oregon Territory now receive for similar services.

Fees of clerk.

'shal; their fees

SEC. 10. And be it further enacted, That thereAtt'y and marshall be appointed an attorney for said Territory, and duties. who shall continue in office for four years, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the present Territory of Oregon. There shall also be a marshal for the Ter

e

Gov., sec'ry.,

chief justice, &

tices, att'y. and?

to be appointed

ritory appointed, who shall hold his office for four years, unless sooner removed by the President, and who shall execute all processes issuing from the said courts, when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Oregon; and shall, in additior, be paid two hundred dollars annually as a compensation for extra services. SEC. 11. And be it further enacted, That the associate jus- governor, secretary, chief justice and associate marshal; how justices, attorney, and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such, respectively, take an oath or affirmation, before the district judge, or some justice of the peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and trans

mitted, by the person taking the same, to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may be prescribed by law. The Govern-Salary of gov. or shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as Superintendent of Indian Affairs.

The Chief

Justice and Associate Justices shall each receive Salary of chief justice and asan annual salary of eighteen hundred dollars.sociate justices The Secretary shall receive an annual salary of Salary of secreeighteen hundred dollars The said salaries shalltary. be paid quarter-yearly, at the Treasury of the United States. The members of the Legislative compensation Assembly shall be entitled to receive three dollars of members of each per day during their attendance at the ses-assembly. sions thereof, and three dollars each for twenty miles travel, in going to and returning from the said sessions, estimated according to the nearest usually traveled route. There shall be appropria

the legislative

Contingent ex

ted annually the sum of one thousand dollars, to be expended by the Governor to defray the contingent expenses of the Territory. There shall penses provialso be appropriated annually, a sufficient sum, toded for." be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Secretary of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended.

sembly to hold

directed by the

SEC. 12. And be it further enacted, That the Legislative as Legislative Assembly of the Territory of Utahits sessions as shall hold its first session at such time and place in governor. said Territory as the Governor thereof shall appoint and direct; and at said first session, or as