The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1884-01-10

An Act to Provide For the Election of
Distric: Judges in the Territory of
Dakota. and to Apporticn and Define
the Powers ofthe judiciary Term.
BE 1t enacted By the Senate and House of
Representatives Of he United States Of
limerick, IN Congress assembled.
That on the first Tuesday of April, one
thousand eight hundred and eighty-four
and at the general election, every fourth
year thereafter shall be elected by the
qualified electors of each Of the judicial
districts Of the territory of Dakota, one
district Judg who shall hold his Office
for the term of four years from and after
the first day of June, 1884, and until the
first day of January next, succeeding
the general election at which his successor
shall be elected, and until his successor is
qualified
SEC. .. That the election provided for
in the first section of this act shall be held
in the several organized counties compos-
ing the several judicial districts, of the
territory of Dakota, in the manner as gen
eral elections are held in said territory,
and the result of said election shall be as
certained as provided in chapter twenty
seven Of the political code of Dakota ter
territory.
SEC. 3. That from and after the first
day of june, 1884, the district courts of
the several counties, and territorial judic-
iaI subdivisions of Dakota territory. shall
be held concurrrently by the justices of
the Supreme court OF said territory assign
ed to each Of the judicial districts thereof,
respectively. and the district judges pro-
vlded for by this act, and such district
Judges, shall have all the powers confnrr-
ed upon district Judges, by the laws of
the United States, ana of the territory of
Dakta, except in cases where the United
States Is party.
SEC f. That from and after the first
day of June, 1884, the District Courts in
the first, second and third judicial districts
of said territory, having such civil and
criminal jurisdiction, under the constitu-
tion of the United States. and the several
act of congress in relation thereto, as is
vested in the circuit and district courts of
the United States, in which causes where
in the United States may be a party, and
in which United States grand and petit
jury may be summoned, shall be held by
the chief Justice and associate Justices Of
the Supreme court Of said territory assign
cd to said districts respectively, and the
judges Of the Supreme court of Dakota
territory Or a majority Of them shall when
assembled at any term OF the Supreme
court therein held after the passage of
this act, fix the time and place of holding
at least two terms Of said district court
having United States jurisdiction in each
of said districts in each year, and shall
also fix the times of holding the other
district courts of said territory in the sew
eral counties, and judicial subdivisions Of
the four judicial districts Of said territory,
and designate by what judge each of said
courts shall be held, and any Of the courts
so fixed may be held by any Justice of the
Supreme court, or by any Of the district
judges provided for by this act, and the
justice of the Supreme court, and district
judge OF each of said judicial districts shall
have power to create new judicial sub-di-
visions in their respective districts and fix
the time Of holding the district courts
therein until such time as the Judges Of
the Supreme court shall fix the same, and
may change the boundaries Of judicial
subdivisions as occasion may require
Said district judges shall also have power
to appoint and hold as many special terms
of the district court as the busines of the
district court may demand. Provided
however that any of the terms OF the dis
trict courts having United States iurisdc-
ton may be held by the justice Of the
Supreme court of said territory assigned
to the fourth judicial district thereof, and
he shall also have all the power Of a judge
ofthe courts having United States juris-
diction, at chambers in all cases.
SEC. 5. That the district judges elected
under the provisions of this act, shall
each receive an annual salary of 50, 500 to
be paid quarterly out of the treasury of
said Dakota territory.
SEC. G. That all acts and parts of acts
of the congress of the United States Or OF
the Legislative Assembly Of the territory
OF Dakota, inconsistent with this act are
hereby repealed.