Imágenes de páginas

heretofore enacted, conferring jurisdiction upon United States courts held beyond and outside the limits of the Territory of Oklahoma as herein defined, as to all causes of action or offenses in said Territory, and in that portion of the Cherokee Outlet herein before referred to, are hereby repealed, and such jurisdiction is hereby given to the supreme and district courts in said Territory but all actions commenced in said courts, and all crimes committed in said Territory and in the Cherokee Outlet, prior to the passage of this act, shall be tried and prosecuted, and proceeded with until finally disposed of, in the courts now having jurisdiction thereof, as if this act had not been passed. The said Supreme and supreme and district courts of said Territory, and the may issue respective judges thereof, shall and may grant writs damus. of mandamus and habeas corpus in all cases authorized by law; and the first six days of every term of courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under said constitution and laws; and writs of error and appeals in all such cases shall be made to the supreme court of said Territory, as in other cases.

district court

writs of man

to make ar

SECTION 10. Persons charged with any offense or u.S. marshals crime in the Territory of Oklahoma, and for whose rests. arrest a warrant has been issued, may be arrested by the United States marshal or any of his deputies, wherever found in said Territory, but in all cases the accused shall be taken, for preliminary examination, before a United States commissioner, or a justice of the peace of the county, whose office is the nearest to the place where the offense or crime was committed.

triable in


All offenses committed in said Territory, if com- All offenses mitted within any organized county, shall be prose- county where cuted and tried within said county, and if committed within territory not embraced in any organized county, shall be prosecuted and tried in the county to which such territory shall be attached for judicial purposes. And all civil actions shall be instituted in the county in which the defendant, or either of them resides, or may be found; and when such actions arise within any portion of said Territory not organized as a county, such actions shall be instituted in the county to which


such territory is attached for judicial purposes, but any case, civil or criminal, may be removed, by change of venue, to another county.

Sections of SECTION 11. That the following chapters and prolaws tempo- visions of the compiled laws of the state of Nebraska, in Oklahoma in force November first, eighteen hundred and eighty

rarily in force


nine, in so far as they are locally applicable, and not
in conflict with the laws of the United States or with
this act, are hereby extended to and put into force in
the Territory of Oklahoma, until after the adjourn-
ment of the first session of the legislative assembly of
said Territory, namely: The provisions of articles two,
three, and four, of chapter two, entitled "Agricult-
ure;" of chapter four, entitled "Animals;" of chapter
six, entitled "Assignments;" of chapter seven, entitled
"Attorneys;" of chapter ten, entitled "Bonds and
oaths-official;" of chapter twelve, entitled "Chattel
mortgages;" of chapter fourteen, entitled "Cities of
the second class and villages;" of chapter fifteen.
entitled "Common law;" of chapter sixteen, en-
titled "Corporations;" of chapter eighteen, entltled
"Counties and county officers;" of sections fif-
teen and sixteen of article six of the consti-
tution of said state, and of chapter twenty
of said laws, entitled "Courts--probate;" of chap-
ter twenty-three, entitled "Decedents;" of chapter
twenty-four, entitled "Deputies;" of chapter twenty-
five, entitled "Divorce and alimony;" of chapter
twenty-six, entitled "Elections;" of chapter twenty-
eight, entitled "Fees;" of chapter thirty-two, entitled
"Frauds:" of chapter thirty-four, entitled "Guardians
and wards;" of chapter thirty-six, entitled "Home-
steads;" of chapter forty-one, entitled "Instruments
negotiable;" of chapter forty-four, entitled "Interest;"
of chapter forty-six, entitled "Jails;" of chapter fifty,
entitled "Liquors," but no licenses shall be issued
under this chapter; of chapter fifty-two, entitled
"Marriage;" of chapter fifty-three, entitled "Married
women;" of chapter fifty-four, entitled "Mechanics'
and laborers' liens;" of chapter sixty-one, entitled
"Oath and affirmations;" of chapter sixty-three,
entitled "Occupying claimants;" of article one of
chapter seventy-two, entitled "Railroads;" of chapter

seventy-three, entitled "Real estate;" and the provisions of part two of said laws, entitled "Code of civil procedure," and of part three thereof, entitled "Criminal code."

to establish


The governor of said Territory is authorized to The governor divide each county into election precincts and into voting presuch political sub-divisions other than school districts as may be required by the laws of the state of Nebraska; and is hereby authorized to appoint all officers of such counties and snb-divisions thereof as he shall deem necessary, and all election officers until their election or appointment shall be provided for by the legislative assembly, but not more than two of the judges or inspectors of election in any election precinct shall be members of the same political party, and the candidates of each political party who may be voted for at such election may designate one person who shall be present at the counting and canvassing of the votes cast in each precinct.


enforce Ne

risdiction of

The supreme and district courts of said Territory Supreme and shall have the same power to enforce the laws of the courts may state of Nebraska hereby extended to and put in force braska laws applying by in said Territory as courts of like jurisdiction have in this Act-Jusaid state; but county courts and justices of the peace county courts shall have and exercise the jurisdiction which is and justices. authorized by said laws of Nebraska: Provided, That the jurisdiction of justices of the peace in said Territory shall not exceed the sum of one hundred dollars, and county courts shall have jurisdiction in all cases where the sum or matter in demand exceeds the sum of one hundred dollars.


courts over


SECTION 12. That jurisdiction is hereby conferred Extending ju upon the district courts of the Territory of Oklahoma of district over all controversies arising between members or Indians in citizens of one tribe or nation of Indians and the members or citizens of other tribes or nations in the Territory of Oklahoma, and any citizen or member of one tribe or nation who may commit any offense or crime in said Territory against the person or property of a citizen or member of another tribe or nation shall be subject to the same punishment in the Territory of Oklahoma as he would be if both parties were citizens of the United States; and any person residing in the Ter

Duties and



States attorneys.

ritory of Oklahoma, in whom there is Indian blood, shall have the right to invoke the aid of courts therein for the protection of his person or preperty, as though he were a citizen of the United States: Provided, That nothing in this act contained shall be construed as to give jurisdiction to the courts established in said Territory in controversies arising between Indians of the same tribe, while sustaining their tribal relation. SECTION 13. That there shall be appointed for said United Territory a person learned in the law, who shall act as attorney for the United States, and shall continue in office for four years, and until his successor is appointed and qualified, unless sooner removed by the president. Said attorney shall receive a salary at the rate of two hundred and fifty dollars annually. There shall be appointed a marshal for said Territory, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the president, and who shall execute all process issuing from the said courts when exercising their jurisdiction as circuit and district court of the United States, he shall have and perform the duties and be subject to the same regulations and penalties imposed by law on the marshal of the United States, and be entitled to a salary at the rate of two hundred dollars a year. There shall be allowed to the attorney, marshal, clerks of the supreme and district courts the same fees as are prescribed for similar services by such persons in chapter sixteen, title Judiciary, of the Revised Statutes of the United States.


Territorial officers, oath

SECTION 14. That the governor, secretary, chief of office, etc. justice and associate 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 of affirmation before the district judge, or some justice of the peace or other officer 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 secretary among the executive proceedings, and the chief justice and associate justices, and all other civil officers in said Terri tory, before they act as such, shall take a like oath or affirmation before the said governor cr 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 transmitted by the person taking the same, to the secretary, to be recorded by him 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 governor shall

receive an annual salary of two thousand six hundred dollars as governor; the chief justice and associate justices shall receive an annual salary of three thousand dollars, and the secretary shall receive an annual salary of one thousand eight hundred dollars. The said salaries shall be payable quarter-yearly at the treasury of the United States. The members of the legislative assembly shall be entitled to receive four dollars each per day during their attendance at the sessions, and four dollars for each and every twenty miles traveled in going to and returning from said sessions, estimating the distance by the nearest traveled route. There shall be appropriated annually the sum of one thousand dollars, to be expended by the governor to defray the contingent expenses of the Territory. There shall also be appropriated annually a sufficient sum, to be expended by the secretary, 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, of the courts, 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.


SECTION 15. That the legislative assembly of the Temporary

« AnteriorContinuar »