Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-03-10

lected BY the stste q provided in section
eight OF this act, and Tor the TERRITORY -
provided in the said act OF February
eighteenth, eighteen hundred and
eighty-one. The section of land granted
by the act of June sixteenth, eighteen
hundred and eighty, to the Territory Of
Dakota fos an asylum for the insane.
shall. upon the admission Of said state
OF Dakt to into the union, become the
property Of said state.
Sec. 10. That all mineral hnds shall
be exempted from the operation and
grants OF this act: Provided, That il
sections sixteen or thirty six, or any sub.
division thereof, in any township, shall
be found to be mineral lands, or to have
been reserved, sold. OF otherwise disposed
OF by the United States, the Legislature
OF said state Is hereby authorized and
empowered to select. with the approval Of
the president, any other unappropriated
lands in said state Of Dakota in lieu
thereof, for the use and benefit Of the
common schools OF said state.
Sec. l6. That that portion Of the ter.
rltory OF Dakota not embraced within
said proposed state upon the admission
Of SAID state Of Dakots into the union
ehall, until otherwi provided Dy act OF
congress, continue territory, BY the
name OF Lincoln;, and all the provisions
OF the acts of congress and Of the legisla-
i've assembly OF the territory of Dakota
not locally inapplicable, shall continue
therein IN full force and effect. The
governor, secretary, chief justice. asso.
ciate justices, United States marehal and
District attorney of the present territory
OF Dakota shall exercise their respective
Offices for said territory of Lincoln: tom.
porarily, and until otherwise provided
by the legislative assembly Of said terri
tory OF north Dakota, the governor. see.
retsry, and chief justice thereof NAV
divide seid territory into judicial dis ;.
tricts, aid sssign the judges thereto. and
into twenty council aud fifty single
representative districte, and apportiop
the representation therein to which each
district shall be entitled in the leQisla.
tive assembly. The bonded debt Of the
territory OF Dakota not herein required
to be assumed by the state Of Dakota,
shall be and remain valid debt against
the territory of Lincoln.
Sec. II. That temporarily, and until
otherwise provided by act of the legisla.
tive assembly of said territory of Lincoln,
the city of Bismarck shall be the placo of
holding the sessions of the legislative
assembly therein. which place shall con.
stitute the capital of said territory until
changed by the legislative assembly: and
the governor shall have power to desiR.
nate temporarily. and until otherwise
provided BY Law, the places in the Judi.
cial districts where the district court
shall exercise the jurisdiction of district
and circuit courts of the United States
SEQ. IL. That when the state of Da.
sota shall be admitted into the union the
laws of the United States not locally in
applicable shall have the same force and
effect within the SAID state as elsewhere
within the United Statee; and said state
shall constitute one judicial district, to
be called the district OF Dakota; and for
said district, district Judge, marshal,
and district attorney of the United
States shall be appointed by the presi.
dent, by and with the advice and consent
OF the senate. with the same rights.
powers, and duties as provided by law
for similar officers in other states, except
as herein otherwise provided, Said dis.
trict OF Dakota shall be attached to and
constitute part of the eighth Judicial
circuit; and term of the circuit court
and district court for said district shall
be held at the seat Of government IN said
state on the first Tuesdays of May and
October in each year: and one grand jury
and one petit jury only shall be sum.
moned and serve IN both Of said courts,
! Sec l9. That the circuit and
district courts for the dis.
triot Of Dakota. the judges thereof, re.
spectlvely, shall possess the same powers
and jurisdiction and perform the same
duties possessed and required to be
performed by the other circuit and dis.
trict courts and judges of the United
States, and shall be governed by the
same laws, rules, and regulations.
Sec. ~. That the district Judge ap.
pointed for the district OF Dakota shall
receive as his compensation the sum oi
three thousand Eve hundred dollars per
annum. payable in four equal install
ments, on the FIRST days of January
April. July and October Of each year.
Sec. Fl. That the marshal, district
attorney, and clerk of the circuit anG
districts courts of said district of Dako
to, and all other officera and person,
performing duties IN the administrator
of justice therein, shall severally DOS
sess the power and perform the dutie,
lawfully possessed and required to bt
performed BY similar officers in othel
districts of the United States, and shal
for the service they may perform receive
the fees and compensation allowed t.
other similar officers and persons per
forming similar duties by the laws O
the United States, excepting such pro
visions thereof as are specially an
plicable to some particular officer or dis
trict.
Sec. %. That all cases of appeal O,
writ OF error heretofore prosecuted anG
now pending IN the supreme court o
the United States upon any record from
the supreme court of the territory O
Dakota, or that hereafter may be Law
fully prosecuted from ssid court, ma,
be heard and determined by the supreme
court of the United States; and th,
mandate of execution or of further pro
ceedings shall be directed by th,
supreme court of the United States Il
the circuit or district court of the dis
trict Of Dakota or to the supreme cour
OF the state of Dakota, as the nature o.
the case may require; and each of saic
last-meotioned courts shall, 90 the cas-,
may require, be treated as the successor
of the supreme court of the territory Of
Dakota as to all such cases, with full
power to proceed with the same and IL
award means or final process therein
and that from all judgments and decree,
Of the supreme court Of the territory O
Dakota prior to its admission as a state
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