The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-10-30

MIMI anu hilllllef OF payment. whether
lii money, property, or credits, up to
the date of the filing of the said sworn
statements; fourthly. state specifically
whether the original contract or agree
ment had been submitted to any Sec
retary of the Interior, Commissioner
of Indian Affairs. Superintendent of
Indian affairs, Indian agent. commits
Sloner, or other person having official
control OF or connection with Indian
affairs. giving the time when. place
where. and person by name to whom
such submission was made, and wheth-
er by said officer indorsed or not. or
whether any such officer was eognizant
OF such contract or agreement having
been made, though not submitted to
him for approval.
Sec. 3. That the Secretary or Com
missioner of Indian Affairs is hereby
empowered to require, in writing. any
additional facts or proofs that may be
necessary to aid in determining the
true character of the contract or agree
ment, or assignment thereof.
Sec. 4. That no such contract or
agreement shall be recognized by any
OFFICER or employee of the United
States until the Secretary of the Inte-
lApl SiI'tLs d1l0E 1ltll GOllSl(t6FdllOIl oI
OF any such contract or agreement,
together with the proofs and papers in
this act required to be filed, anu such
As the Secretary of the Interior or
Commissioner of Indian Affairs may
require in addition thereto, the Secre-
tary of the Interior shall consider to be
just and reasonable; and not tainted
with fraud, and not exorbitant in its
demands; Pr0rided, That the Seere-
tary of the Interior shall in all cases
enter. in writing, on such original con-
tract, on the record in the office of the
Commissioner of Indian Affairs where
in such original contract is recorded,
an official statement, showing that the
contract or agreement and proofs have
been filed in accordance with the pro-
visions of this act and considered by
him, and in his opinion said contract
or agreement or assignments thereof
are not exorbitant and not fraudulent,
and that they are just, the same shall
be valid.
But if, in the opinion of the Secre-
tary of the Interior, such contract or
agreement, or the assignment thereof
is fraudulent or eXorbitant, he shall
officially enter his rejection. in writing
upon the record of such contract or
agreement, and they shall not be con-
sidered of binding force by any officer
or employee of the United States.
sec. D. That it is hereby made the
duty of the Secretary of the Interior to
cause an investigation to be made of
all existing contracts or agreements,
within the purview of this act, now on
file in his office, or of the office of the
Commissioner of Indian Affairs, or
any other Office or bureau under his
control. and by special notice to the
party or parties in interest compel, in
the case of each such contract or agree
ment so found on file. the same strict
ness Of official examination, and in
dorSement. record and sworn state
ment of fact. as is required by the
several provisions of this act: Pro-
riole4l. That the investigation of facts
touching the character of any contract
or agreement contemplated by this act
may be made by commissioner ap-
pointed by the President for that
purpose. who shall report all such
facts to the Secretary of the Interior i'll
writing.
Approved, April %, 1874.
AN ACT concerning the practice in
territorial courts, and appeals there
from.
Whereas, by the organic acts estab-
fishing several of tile Territories of
the United States, it is provided that
certain courts thereof shall have COM
mon-law and chancery jurisdiction
and doubts have been entertained
whether said jurisdictions must be ex-
ercised separately. or whether they
may be exercised together in the same
proceeding, and whether the codes
and rules of practice adopted in said
Territories which have authorized Il
mingling of said Jurisdictions in the
same proceeding, or uniform course
of proceeding in all cases legal and
equitable, are repugnant to the said
organic acts respectively: Therefore.
Be cnCtct@d b3t the Senate and House Of
Ieprese1tiGtfreS of 9fie United States Of inner
icG in Congress GsSs 7nbIetl.
That it shall not be necessary in any
of the courts of the several Territories
of the United States to exercise separ-
ately the c0mmon-law and chancery
Jurisdictions vested in said courts and
that the several codes and rules of
practice adopted in said Territories re-
spectively, in SO far as they authorize
mingling of said jurisdictions or
uniform course of proceeding in all
cases whether legal or equitable. be
confirmed; and that all proceedings
heretofore had or taken in said courts
in conformity with said respective
codes and rules of practice, so far as
relates to the form and mode of pro-
ceedlng. be, and the same are hereby,
validated and confirmed: Proriled,
That no party has been or shall be de-
prived of the right of trial by iurv in
cases cognizable at common-law.
SEC. 2. That the appellate iurisdic-
ton of the Supreme Court of the
United States over the judgments and
DEGREES of said Territorial courts in
cases of trial by jury shall be exercised
by writ of error. and in all other cases
by appeal according TO such rules and
regulations as to form and modes of
proceeding as the said Supreme Court
have prescribed or may hereafter pre-
scribe Pr01ide9, That on appeal. in
stead of the evidence at large, a state
ment of the facts OF the case in the ma
ture of a special verdict, and also the
rulings of the court on the admission
or rejection OF evidence when except
ed to, shall be made and certified by
the court below, and transmitted to
the Supreme Court together with the
transcript OF the proceedings and iudg-
ment or decree; but no appellate pro-
ceedings in said Supreme Conrt, here
tofore taken upon any such Judgment
or decree, shall be invalidated by rea-
son of being instituted by writ of err
ror or by appeal: Amd proutdea further,
That the appellate court may make
any order in any case heretofore APP
pealed, which may be necessary to
save the rights of the parties; and that
this act shall not apply to cases now
pending in the Supreme Court OF the
United States where the record has al
ready been filed,