Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-01-30

4 VIM ehho oRPOo4o tnC
ment of the United States court in
the Indian Territory may be taken
to the court of appeals in the Ind.
ian Territory in the same manner
and under the same form of pro-
cedure as appeals and writs of error
are taken from the circuit courts oil
the United States in the eight cir.
cult to the circuit court of appeals
in said circuit.
Section IL provides that com,
missioners may ,at their discretion,
require cost bond from the pros
ecuting witness in misdemeanor
cases. Heretofore the cost bond
was imperatively required.
Section IA provides that wit
nesses in misdemeanor cases before
commissioners may be allowed 81
cents for each days attendance,
and five cents a mile tor travels,
each way.
Section Is provides that jurors
in civil cases before commissioners
shall be entitled to so cents for
each case in which they may serve
as juror, to be advanced by tie
party demanding the jury, and
taxed as costs. And also in GRIM
inal cases where jury is empan-
neled before commissioner,
each juror is entitled to
so cents in each case, but not more
than s1.50 a day shall be allowed
to one juror.
Section 16 authorizes commits
sioners TO instruct jurors as to the
law of the case, and authorizes
them to grant new trials if the ver-
dict is contrary to the law and the
evidence.
Section II authorizes commits
sioners and constables to retain in
addition to their present salaries,
the fees earned by them in civil
cases.
Section IS provides that where
the defendant in a criminal case
before a commissioner is repre-
sented by counsel and a jury is
empanneled, the commissioner
may appoint an attorney 10 repre-
sent the United States who shall
receive a fee of $40, to be taxed as
costs against the defendant. But
the United States is not to be liza
bic for such fee.
Section 19 gives commissioners
concurrent jurisdiction in actions
of forcible entry and detainer and
unlawful detainer cases, with the
United States court, and provides
that the bond required in such
cases shall be at least double the
value of the two years rent of the
property, and in double the judg-
ment and costs, conditioned as re-
quired by law. As the law now
stands, the bond must be double
the value of the property in con-
troversy.
Section 20 provides that it shall
not be necessary in order to sus-
tain an action in unlawful detainer
for the plaintiff to prove the rela-
tion of landlord and tenant be-
tween himself and the defendant,
but that he shall only establish the
fact that he is entitled to the pos
session of the premises, and that
be had given thirty days notice be-
fora har,nDipn tho emit
Section q provides that in all
civil cases where either party may
file an affidavit that he is unable
to pay the costs of the suit, that the
summons and subpoenas shall be
given to the party, and be can
serve them at his own expense.
Section % increases the number
of grand jurors from sixteen to as
many as twenty-three
Section % fixes the number Of
challenges which the defendant
and the government are entitled 10
in criminal cases.
Section "a provides that when d
Judge of any district is interested,
a judge from any other district
may preside in the trial of the
case.
Section % provides that no
party to the suit shall be disquali-
fed from testifying on account of
interest, or conviction of any
crime; but all other parties who
have been convicted of perjury,
larceny, burglary, rape, robbery or
forgery, are disqu lifted, but con-
victions of other crimes shall not
disqualify any witness.
Section 26 provides that the
judges may in term time or in va
cation, approve the accounts of Of
ficers. As the law now provides,
some OF the accounts must be ap-
proved in open court. and this is
very inconvenient to do.
Section 81 authorizes the en-
ployment of persons convicted of
crimes and confined in the jails of
the territory, to perform manual
labor, either in the prison or out
of it, under such rules as may be
prescribed by the attorney general,
and the fines collected in the ter
ritory shall be used for the pur-
pose of paying any expenses there
of, and any receipts from such la
Dor shall be paid into the treasury.
Section 2S puts in force in the
Indian Territory some additional
chapters of Mansfield's Digest, viz:
Apprentices, arbitration and award;
bastardy; conveyance of real es-
tate; coroners (and U. S. commits
sioners are to be ex-officio coro-
ners); corporations (Which will
permit firms of business corpora
tion in the territory; ejectment;
estrays; punishment; medicine
and surgery; partnership, Qtdl;
sale of poisons; public recor1s; re-
ligious societies; sureties; and cer-
tain sections of Mansfeld's Digest
in reuard IN schools in oitias ond