Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-03-14

Territory; Provided. That in all
cases where the laws of the United
States aud 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 800.
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 offenses which,
under the laws applicable to the
Territory amount tn 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 of 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 ap-
pointed shall perform all the
duties required of constables by
the laws of the state of Arkansas,
chapter "a of Mansfield's digest.
Each of said constables shall re-
ceive a salary of 5000 pr annum.
Each of said commissioners and
constables shall keep careful ac-
count of all fees fines and costs col
lected by him and shall settle with
and pay the same to the clerk OF
the district at the end of every
quarter, who shall pay the same in
to the treasury of the United
States. Said commissioners and
constables, before entering upon
the discharge of their duties, shall
execute 10 the United States, for
the security of the public, a good
and sufficient bond in the sum of
1900, to be approved by the
judge appointing him, conditioned
that he will faithfully discharge
the duties of his office and account
for all moneys coming into his
hands; and he shall take an oath
to support the constitution of the
limited States and to faithfully
perform the duties required Of him
which bond and oath shall be
filed with the clerk in the district
for which the appointment is
made.
SIC. 6 That jurors for each
term of said court in each district
shall be selected and summoned in
the manner provided by the statute
laws OF the state of Arkansas now
in force in said Territory.
SEC Z. That all prosecutions for
crimes or offenses of which the
United States court in the Indian
Territory shall have jurisdiction
shall be had within the district in
which said ofisnse shall have been
committed, and in the court near
est or most convenient to the To-
cality where it is committed, to be
determined by the judge on motion
to transfer the trial of the case
from one court TO another. All
civil suits shall be brought in the
district in which the defendant OF
defendants reside or may be found
but If there are two or more de,
PENDANTS residing in different die.
tricts the action may be brought in
any district in which either of the
defendants may reside or be found;
and if a resident, in the court near.
est TO his residence. All cases
shall be tried in the court to which
the process is returnable, unless a
change of venue Is allowed, in
which case the court shall change
the venue to the nearest placs Ol
holding court within the district
and any civil cause may be remov'
ed to another district for trial il
the court shall so order, on the ap'
plication Of either party.
SEC. s. That any person, wheth'
er an Indian or otherwise, who
shall, in said Territory, manufac
ture, sell, give away, or in any
manner, or by any means, furnish
to anyone, either for himself ol
another, any yinous, malt or fer
| mptited linuOrg. or any other in-