Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-02-17
THE NEW COURT BILL.
(Continued from first pGge.)

tOA AAll0h AZ
the Indian Territory, under the
provisions of section thirty-three
hundred and iorty-eight of said
Mansfield's Digest, heretofore put
in force in the Indian Territory,
for the plaintiff to establish the
relation Of landlord and tenant be-
tween him and the defendant, but
it shall be sufficient to sustain such
action # the plaintiff shall estab-
iish the fact that he is entitled to
the possession of the premises in
controversy ard that demand
was made in writing tor the deliv-
cry of the possession there f TO
him thirty days prior to the COM
mencement of the suit. The bonds
heretofore required by law to be
given in the Indian Territory in
actions of forcible entry and de-
tainer and unlawful detainer shall
hereafter be given in a sum at least
double the value of two years rent
or use of the property specified in
the writ, which value shall be as
certained as provided by law. In
all actions of forcible entry and
detainer and unlawful detainer in
the Indian Territory in case the
finding of the verdict is for the de-
fendant, the court shall give judg-
ment thereon with costs and for
any damages that may be assessed
in favor of the defendant, and
shall also issue a writ of restitu-
tion. directed to the marshal, to
caCfse the defendant to be repos-
sessed, TO which shall be added a
clause commanding the marshal
to levy of the goods. chatteIs, lands
and tenements, subject to the exc
cution of the plaintiff, the damages
assessed in favor of the defendant
with costs. If the finding and
judgment be in favor of the de-
fendant, but from any cause he be
not entitled to the possession of
the premises at the time of the
judgment, then the writ of eXecu-
ton shall only be for the damages
and costs that may be awarded to
him, and in all cases where judg-
ment is rendered, either against
the plaintiff or defendant, for any
amount of recovery, damages, or
costs, judgment shall be entered
against lis sureties in the bond
given in the case.
Sec. q. That the grand juries
in the Indian Territory shall here
after consist of not less than
twenty-three persons having the
required by law, six
teen of whom must be present to
quorum, and at least
twelve of whom must vote in favor
of finding an indictment, other
wise the bill must be ignored.
Sec. %. That in all criminal
trials in the United States court in
the Indian Territory the defendant
shall, in capital cases, be entitled
to twenty peremptory challenges
and the government to ten per-
challenges. In all other
cases of felonies the defendant
shall be entitled to six peremptOry
and the government to
three peremptory challenges. PRO
vided, however, That where two
OF more defendants are joined in
the same bill of indictment and
tried without severance, the num-
Der of challenges shall be the same
as if one defendant were upon
trial.
See. %. That if any judge of the
United States court in said Terri
tory should be interested in any
suit pending in the court over
which he may preside, or be OF
counsel or akin to either of he
parties to the suit, or be absent,
one of the other judges who may
be qualified may preside at the
trial of such cause.
That any United States commits
sioner in a judicial district may in
case of the absence, sickness or
other disqualification of the COM
of the district, hold the
court in any such district, and
when so holding court in any other
district, he shall exercise all his
powers that the commissioner of
the district could or might exer-
else if present.
Sec. "a. That in the courts of
The Indian Territory no party to
the suit or prosecution shall be ex
cluded as a witness in the case on
that account or on account of his
conviction of any crime. And no
person other than party to the
suit or prosecution shall be COM
petent to testify in any case. civil
or criminal, in said Territory, who
has been convicted in the courts of
the United States or of any state,
or of the Indian Territory, of the
crime of muraer, perjury, subor-
dination of perjury, larceny, bur
glary, robbery or rape; but no per-
son shall be disqualified as a wit
ness in said terrltoy who has been
of any other crime or
misdemeanor. In all cases the
fact of conviction may be shown by
he record OF conviction, or by oral
IN order to affect the
of the witness.
Sec. %. That the judges of the
United States courts in the Indian
Territory may either in term time
Or in vacation approve all accounts
Of the officers of the court in their
districts before the same
,re forwarded to the proper de-
partments of the government for
allowance.
Soc Df That 4La TT,1t.I G.....