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166

NINETEENTH CONGRESS . Sess. I. Ch. 46. 1826.

proceeding, &c.&c.

Fees.

Judges of thesuperior courtsrequired to holda court in oneother place intheir respectivedistricts.

Marshals ofeach districtshall residewithin the same.

Bond to begiven.

Thirteen per-sons shall beannually elect-by the peopleof said territo-ry, to composethe legislativecouncil, &c.,&c.

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

Sec. 8. And be it further enacted, That the judges of the superiorcourts shall only be required to hold a court in one other place, in theirrespective districts, than the one assigned by the laws of the UnitedStates , to be designated by the governor and legislative council; and somuch 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days,for the trial of causes arising under the constitution and laws of theUnited States , be, and the same is hereby, repealed.

Sec. 9. And be it further enacted, That the marshals of each districtshall 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 shallexecute bond, with security, to be approved by said judges, conditionedfor the performance of the duties required of the executive officers, bythe laws of said territory, in the sum of ten thousand dollars, which shallbe recorded by the clerks of said courts.

Sec. 10. And be it further enacted, That thirteen persons shall beannually elected by the people of said territory who shall compose thelegislative council thereof, each of whom shall be an inhabitant of saidterritory, and shall have resided therein one year next preceding hiselection ; and the term for which each shall be elected shall be oneyear, to commence on the second Monday of December annually. Andit shall be the duty of the governor to divide the said territory into thir-teen convenient districts, so as to give to each district, as near as maybe, an equal number of free white inhabitants, for the purpose of electingmembers of the legislative council of said territory ; and he shall alsodesignate places for holding elections in each district, and appointjudges or managers to preside at, and conduct the same, who shall takethe same oath, and observe the same formality, as is now required bylaw,in the election of delegate to Congress . The time and place of holdingthe elections shall be made known, by proclamation, and sent to eachdistrict, respectively: and it shall be lawful for the inhabitants withinthe respective districts, who are, or may be qualified voters, under thelaws of the same, to elect one person in each district, as a member of thelegislative council. And it shall be the duty of the said judges or mana-gers, in each district, to make a return to the governor of the name ofevery person voted for as a member of the legislative council, in suchdistrict, together with the number of votes which each person shall havereceived, written in full, opposite his name; and the votes in each dis-trict shall be canvassed by the governor and secretary of the territory, orby such other persons, or in such other manner, as the legislative councilmay hereafter direct by law; and the person in each district, having thegreatest number of legal votes, shall be declared elected, and entitled toa seat in the legislative council; and in case two or more persons shallhave the greatest, and an equal number of votes in any district, it shallbe lawful for the governor to order a new election in such district, insuch manner, and at such time, as the legislative council may by lawprescribe. And the said legislative council shall hold a session in everyyear, commencing on the second Monday in December, in each year, at