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44. The Lieutenant-Governor, or other officer discharging the duties of Governor, shall, during his administration, receive the same compensation to which the Governor would have been entitled, had he continued in office.
45. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, but shall have only a casting vote therein. Whenever he shall administer the government, or shall be unable to attend as President of the Senate, the senators shall elect one of their own members as President of the Senate for the time being.
46. While he acts as President of the Senate, the LieutenantGovernor shall receive for his services the same compensation which shall for the same period be allowed to the Speaker of the House of Representatives, and no more.
47. The Governor shall have power to grant reprieves for all offences against the State, and except in cases of impeachment, shall, with the consent of the Senate, have power to grant pardons and remit fines and forfeitures, after conviction. In cases of treason, he may grant reprieves, until the end of the next session of the General Assembly, in which the power of pardoning shall be vested.
48. The Governor shall at stated times receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected.
49. He shall be commander-in-chief of the army and navy of this State, and of the militia thereof, except when they shall be called into the service of the United States.
50. He shall nominate, and by and with the advice and consent of the Senate, appoint all officers whose offices are established by this Constitution, and whose appointment is not therein otherwise provided for provided, however, that the Legislature shall have a right to prescribe the mode of appointment to all other offices established by law.
51. The Governor shall have power to fill vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session, unless otherwise provided for in this Constitution; but no person who has been nominated for office, and rejected by the Senate, shall be appointed to the same office during the recess of the Senate.
52. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices.
53. He shall, from time to time, give to the General Assembly information respecting the situation of the State, and recommend to their consideration such measures as he may deem expedient.
54. He may on extraordinary occasions convene the General Assembly at the seat of Government, or at a different place if that should have become dangerous from an enemy or from epidemic; and in case of disagreement between the two houses as to the time
of adjournment, he may adjourn them to such time as he may think proper, not exceeding four months.
55. He shall take care that the laws be faithfully executed.
56. Every bill which shall have passed both houses shall be presented to the Governor; if he approve, he shall sign it, if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon its journal, and proceed to re-consider it; if after such re-consideration, two-thirds of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections to the other house, by which it shall likewise be re-considered, and if approved by two-thirds of all the members elected to that house, it shall be a law; but in such cases the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly, by adjournment, prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting.
57. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the Governor; and before it shall take effect, be approved by him, or being disapproved, shall be re-passed by twothirds of the members elected to each house of the General Assembly.
58. There shall be a Secretary of State, who shall hold his office during the time for which the Governor shall have been elected. The records of the State shall be kept and preserved in the office of the Secretary; he shall keep a fair register of the official acts and proceedings of the Governor, and when necessary, shall attest them. He shall, when required, lay the said register, and all papers, minutes, and vouchers relative to his office, before either house of the General Assembly, and shall perform such other duties as may be enjoined on him by law.
59. All commissions shall be in the name and by the authority of the State of Louisiana, and shall be sealed with the State seal, and signed by the Governor.
60. The free white men of the State shall be armed and disciplined for its defense but those who belong to religious societies whose tenets forbid them to carry arms, shall not be compelled so to do, but shall pay an equivalent for personal services.
61. The militia of the State shall be organized in such manner as may be hereafter deemed most expedient by the Legislature.
TITLE IV-Judiciary Department.
ART. 62. The judicial power shall be vested in a Supreme Court, in district courts, and in justices of the peace.
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 a 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 as it 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
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 space of five 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,
and in all cases the powers thus granted shall be specified and determined.
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 fild by the Governor; and the person so appointed shall continue in office until his successor shall be elected and qualified.
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 Courts 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