Chapter LXX. to amend an Act entitled “An Act to provide a Temporary Government for the Territory of Colorado.”March 2, 1863.1861, ch. 59.*Ante*, p. 172. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the second section of theColorado Territ
1,167 words·~5 min read·
/statutes-at-large/vol-12/chapter-lxx-3027933·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. LXX.— An Act to amend an Act entitled “An Act to provide a Temporary Government for the Territory of Colorado.”March 2, 1863.1861, ch. 59.*Ante*, p. 172. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the second section of theColorado Territory. act to which this act is an amendment be altered so as to read as follows: The executive power and authority in and over said Territory of ColoradoGovernor. shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States.
The Governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian Affairs; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed.
Sec. 2. *And be it further enacted,* That every bill which shall haveVeto power. passed the legislative assembly shall, before it become a law, be presented to the Governor of the Territory; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and, if approved by two thirds of that house, it shall become a law.
But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return, in which case it shall not be a law. Sec. 3. *And be it further enacted,* That section nine of the act toJudicial power. which this act is amendatory be altered so as to read as follows:
Section 9. *And be it further enacted,* That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and justicesSupreme court. 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. 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 justicesDistrict courts. of the supreme court at such time and place as may be prescribed by law; and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them.
The jurisdiction of the several courts herein provided for, both appellate and original, and of justices of the peace, shall be as limited by law: *Provided,* That justicesJustices of the peace. of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or when the debt or sum claimed shall exceed three hundred dollars; and the said probate court shall not have jurisdiction of any matter in controversy when the debt or sum claimed shall exceed the sum of two thousand dollars; and said supreme and district court shall have authority for redress of all wrongs committed against the constitution and laws of the United701THIRTY-SEVENTH CONGRESS.
Sess. III. Ch. 70, 71. 1863. States; and the said supreme, district, and probate court, respectively,Probate courtsChancery powers. shall possess chancery as well as common-law jurisdiction and authority for the redress of all wrongs committed against the laws of said Territory, affecting persons or property. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shallClerks.Writs of error, &c. keep his office at the place where the court may be held.
Writs of error, bills of exceptions, and appeals shall be allowed from the final decisions of said district and probate courts to the supreme court, under such regulations as shall be prescribed by law; but in no case removed to theTrial by jury. 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 clerkClerks. shall hold his office at the pleasure of the court for which he shall have been appointed.
Writs of error, and appeals from the final decisions ofAppeals, &c., to supreme court of the United States. said 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 courts of the United States, when the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; and each of said supreme and 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 said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which theHabeas corpus. 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 soPrecedence of trials. 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 appeals 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 OregonFees of clerks. Territory received for similar services. Sec. 4. *And be it further enacted,* That the provisions of sections onePart of act applicable to Dakota.1861, ch. 86.*Ante*, p. 239. and two of this act shall be applicable to the Territory of Dakota, and shall have like effect as in the Territory of Colorado. Approved, March 2, 1863.