Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-03-07


Territory: Provided. That in all
cases where the laws of the United
States and the said criminal laws
of Arkansas have provided for the
punishment Of the same offenses,
fhe laws Of the United States
shall govern as to said Of
lenses, except for the crime
of larceny, the punishment for
which shall be that prescribed by
the laws of the state of Arkansas,
any law in force in said Indian
Territory to the contrary notwith-
standing.
The original jurisdiction of such
commissioners as justices of the
peace in civil cases shall, in all
those classes of cases where juris.
diction is by this act conferred
upon the United States court in
the Indian Territory, be exclu-
sive where the amount or value
of the demand or of the property
or thing in controversy does not
exceed 500.
That said commissioners, acting
as justices of the peace in crimin-
al cases shall have jurisdiction to
hold preliminary examinations
and discharge, hold to bail, or
commit in case of off'enses which,
under the laws applicable to the
Territory amount to felonies.
Appeals may be taken to the
United States courts in the Indian
Territory. in said districts, respec.
lively, from the final judgment
of said commissioners, acting as
justices of the peace, in all cases;
and such appeals shall be taken in
the manner that appeals may be
taken from the final judgments
of the justices of the peace under
the provisions OF said chapter 81
in civil cases and chapter 46 in
criminal cases of the laws of Ar
kansas: Provided, That no ap.
peal shall be allowed in civil cases
where the amount of the judgment
exclusive of costs does not exceed
$40. Each of said commissioners
in said territory shall receive a
salary of 81 800 per arnum, and
all fees collected by him shall be
paid over to the clerk of the dis
trict.
SEC. 5. That the judge in each
district may appoint a constable
for each a said commissioners
districts, SO designated by the
court, which appointments shall
be in writing and spread upon the
records of one Of the courts in said
district, and the constable so APP
pointed shall perform all the
duties required of constables by
the laws of the state of Arkansas,
chapter "a of Mansheld's digest
| Each of said constables shall re-
ceive a salary of 5000 Per annum
Each of said commissioners anC
constables shall keep a careful &C.
counto fall fees, fines and costs col
lected by him and shall settle will
and pay the same TO the clerk o
the district at the end of every
quarter, who shall pay the same in
to the treasury of the United
States. Said comm; ssioners an,
cons,ables, before entering upoI
the discharge of their duties, shal
execute TO the United States, 70
the security If the public, goot
and sufficient bond in the sum o
81 900, to be approved by tn
judge appointing him, conditioned
that he will faithfully discharg
the duties of his Office and accoun
for all moneys coming into hi
hands; and he shall take an oatI
to support the constitution of tn
United States and to faithfully
perform the duties required Of hin
which bond and oath shall b.
. filed with the clerk in the distric
! for which the appointment /
made.
; SEC. G. That jurors for eacI
term of said court in each distriC
shall be selected and summoned il
! the manner provided by the statut
laws of the state of Arkansas noV
, in force in said Territory.
,, SEC. Z. That all prosecutions TO
, crimes or offenses of which tn
United States court in the Indial
Territory shall have jurisdiction
, shall be had within the district il
, which said offense shall have beel
committed, and in the court near
, est or most convenient TO the 10
cality where it is committed, to b
determined by the judge on motion
to transfer the trial Of the cas-
from one court to another. Al
civil suits shall be brought in tn
district in which the defendant o
defendants reside or may be found
but if there are two or more de
PENDANTS residing in different dis
tricts the action may be brought il
any district in which either Of th'
defendants may reside or be found
and if resident, in the court near
est to his residence. All case
shall be tried in the court to whicl
the process is returnable, unless I
change of venue is allowed, il
which case the court shall chang,
the venue to the nearest place o
holding court within the district
and any civil cause may be remov
ed to another district for trial i
the court shall so order, on the ap
plication Of either party.
SEC. s. That any person, wheth
er an Indian or otherwise, whit
shall, in said Territory, manufac
ture, sell, give away, or in any
manner, or by any means, furnisl
to anyone, either for himself o