The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1889-03-21

on the nfst Gays or January, April, July
and October OF each year and shall reside
In the district. There shall he appointed
clerks Of sold courts in each district, who
shall keep their Offices at the capital Of said
state. The regular terms OF said courts shall
be hcld in each district. at the place aiore.
said, on the first Monday in April and tho
fret Monday in November OF zach year,
and only n grand jury and one petit jury
shall be summoned in both said circuit
and district courts. Tho circuit and dis
tricts courts for each OF said districts, and
the judges thereof, respectively, shall pos
sess tho ga me powers and Jurisdictions. and
perform tho same duties required to be
performed by the other circuit and district
courts and Judges OF tho United States,
and shall be governed by tho same laws
and regulations. The marshal, district
attorney, and clerks OF the circuit and dis
trict courts OF each OF said districts. and
all Other officers and persons performing
duties in tho administration vi justice
therein, shall severally possess the powers
and perform the duties lawfully Possessed
and required to be performed by similar
officers in other districts Of tho United
States; and shall, for the services they
perform receive the lees and compensation
allowed by law to other similar officers
and perseDs performing similar duties in
the state OF Nebraska.
Sec. 20. That all cases OF appeal or
writ OF error heretofore prosecuted and
now pending in the supreme court OF the
United States upon II record from the
supreme court OF either OF the territories
mentioned in this act, or that may hereai.
ter lawfully be prosecuted upon any record
from either OF said courts, may be heard
and determined by said supreme court Of
the United States. And the mandate OF
execution or OF further proceedings shall be
directed by the supreme court Of the United
States to the circuit or district court here.
by established within the state succeeding
the territory from which record is or may be
pending, or to tho supreme court OF such
state, az the nature OF the case may require
Provided, That the mandate OF execution
or OF further proceedings shall, in cares
rising in tho territory OF Dakota, be dire CT.
ed by the supreme court ofthe United States
to the circuit or district court OF 1.-THE district
OF South Dakota, or to the supreme court
OF state OF South Dakota, or to the
circuit or district court OF tho district
OF North Dakota, or to the supreme court
OF the state of North Dakota, or to tho
supreme court oil the territory Of North
Dakota, as the nature of the case may ie.
quire. And each Of the circuit, district.
and state courts. herein named, shall, re.
spectively, be the successor Of the supreme
COuEV Vi tAS VSTTlUOTy, d6 W Ill 6uCu CdbSS
arising within the limits embraced within
the Jurisdiction OF such courts respectively
with full power to proceed with the same,
and award mesne or final process therein;
and that from all judgments and degrees
OF the supreme court of either OF the terri
tories mentioned in this act, in any case
arising within the limits OF any Of the pro.
posed states prior to admission, the par.
ties to such judgment shall have the same
right to prosecute appeals and writs OF er.
ror to the supreme court of tho United
to the admission Of said state into the
union.
Sec. 90. That in respect to all cases,
proceedings, and matters now pending
in the supreme or district courts OF either
OF the territories mentioned in this act at
the time OF the admission into the union
OF either of the states mentioned in this
act, and arising within the limits of any
such state, whereof the circuit or district
courts by this act established might have
had jurisdiction under the laws OF the Uni
ted States had such courts existed at the
time OF the commencement OF such cases,
the said circuit and district courts, respec-
lively, shall be the successors of said SUI
prenAe and district courts OF said territory;
and in respect to all other cases, proceed
ings and matters pending in the supreme
or district courts Of any OF the terrific.
ries mentioned in this act at the time
OF the admission OF such territory
into the union, arising within the limits
OF said proposed state, the courts estab.
lished by such state shall, respectively, be
the successors ofsaid supreme and district
territorial courts; and all the files, records,
indictments. and proceedings relating to
such cases, shall be transferred to such cir.
cult, district. and state court Is, respective
ly, and the same shall be proceeded with
therein in due course OF law; but no writ,
action, indictment, cause or proceeding
now pending, or that prior to the admis.
sion OF any OF the bates mentioned in
this act, shall DO peuding in any territori
al court in any OF the territories men.
toned in this act, shall abate by the
a admission OF any such state into the
union, but the same shall be transferred
and proceeded with in the proper United
States circuit, district OF state court as
che case may be: Provided, however, that
in all civil actions. causes and proceedings,
in which the United States 10 not q party,
transfers shall not be made to the circuit
and district courts OF the United States OK.
cept upon written requests Of one OF the
parties to such action or proceeding fled
in the proper court; and in the absence of
such request, such cases shall be proceeded
Will III Uu6 proper bUd &c COurUS.
Sec. "a. That the constitutional con-
ventions may. by ordinance, provide foy
the election OF officers for full state govern.
ments, including members of the legisla-
lures and representatives in the Fiity.first
congress; but said state governments shall
remain in allegiance until the states shall
be admitted into the union, respectively,
as provided in this act. In case the con.
stitution OF any said proposed states shall
be ratified by the people, but not other
wise, the legislature thereof may assemk!e,
organize. and elect two senators Of the
United States and the governor aud secre.
certify the election OF the senators and
representatives as required by law; and
when snch state is admitted into the union
the senators and representatives shall
he entitled to be admitted to seats in
congress-, and to ali the rights and priv.
leges Of senators and representatives OF
other states in tho congress OF the United
States; and the officers Of the state gov
ernments formed in pursuance OF said con
situations, as provided by the constitu.
tional conventions, shall proceed to cxer-
else all the functions OF such state officers;
and all laws in force made by said terri.
tories. at the time OF their admission into
the union, shall be in force in said states,
except as modified or changed by this act
or by the constitutions Of the states, re-
spectively.
Sec. 25. That all acts or parts of acts
in conflict with the provisions Of this act,
whether passed by the legislatures OF said
territories or by congress, are hereby re-
pealed.
. A Browning Story.
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