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territory

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when.

district courts,

Unorganized And the territory not embraced in organized countic3

shall be attached for judicial purposes to such organized county or counties as the supreme court may determine. The supreme court of said Territory shall appoint its own clerk, who shall hold his office at the pleasure of the court for which he is appointed. Each district court shall appoint its clerk, who shall also be the register in

chancery, and shall keep his office where the court may Appeals from be held. Writs of error, bills of exception, and appeals

shall be allowed in all cases from final decisions of said district courts, to the supreme court, under such regulations as may be prescribed by law, but in no case re

moved to the supreme court shall trial by jury be allowed Appeals from in said court. Writs of error and appeals from the final allowed when. decisions of said supreme court shall be allowed and may

be taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property or the amount in controversy to be ascertained by oath or affirmation of either party or other competent witnesses, shall exceed five thousand dollars; and each of said district courts shall have and exercise, exclusive of any court heretofore established, the same jurisdiction in all cases arising under the constitution

and laws of the United States as is vested in the circuit Additional jurisdiction of

and district courts of the United States. In addition to district courts. the jurisdiction otherwise conferred by this act, said dis

trict courts shall have and exercise exclusive original jurisdiction over all offenses against the laws of the United States committed within that portion of the Cherokee Outlet not embraced within the boundaries of said Territory of Oklahoma as herein defined, and in all civil

cases between citizens of the United States residing in Cherokee out such portion of the Cherokee Cutlet, or between citizens

of the United States, or of any state or territory, and any citizen of, or person or persons residing or found therein, when the value of the thing in controversy or damages or money claimed shall exceed one hundred dollars; writs of errors, bills of exceptions, and appeals shall in

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all such cases, civil and criminal, be allowed from tho district courts to the supreme court in like manner, ani be proceeded with in like manner as in cases arising with. in the limits of said territory. For all judicial purposes as herein defined, such portion of the Cherokee Outlet not embraced within the boundaries of the Territory of Oklahoma shall be attached to, and be a part of one of the judicial districts of said Territory, as may be designated by the supreme court. All acts and parts of acts heretofore enacted, conferring jurisdiction upon United States courts held beyond and outside the limits of the Territory of Oklahoma as herein defined, as to all causes of action or offenses in said Territory, and in that portion of the Cherokee Outlet hereinbefore referred to, are hereby repealed, and such jurisdiction is hereby given to tho supreme and district courts in said Territory, but all actions commenced in such courts, and crimes committed in said Territory and in the Cherokee Outlet, prior to the passage

of this act, shall be tried and prosecuted, and proceeded with until finally disposed of, in the courts now having jurisdiction thereof, as if this act had not been passed. The said supreme and district courts of Supreme :said Territory, and the respective judges thereof, shall inay issue and may grant writs of mandamus and habeas corpus in damus. all cases authorized by law; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under said constitution and laws; and writs of error and appeals in all such cases shall be made to the supreme court of said Territory, as in other cases.

SEC. 10. Persons charged with any offense or crime U. S. Marshals in the Territory of Oklahoma, and for whose arrest a warrant has been issued, may be arrested by the United States marshal or any of his deputies, wherever found in said Territory, but in all cases the accused shall be taken, for preliminary examination, before a United States commissioner, or a justice of the peace of the county, whose office is nearest to the place where the offense or crime was committed. All offenses committed in said Terri.

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in county where Committed.

Sections of
Nebraska laws

in Okla

All offenses tory, if committed within any organized county, shall be

prosecuted and tried within said county, and if committed within territory not embraced in any organized county, shall be prosecuted and tried in the county to which such territory shall be attached for judicial purposes. And all civil actions shall be instituted in the county in which the defendant, or either of them, resides or may be found; and when such actions arise within any portion of said Territory, not organized as a county, such actions shall be instituted in the county to which such territory is attached for judicial purposes; but any case, civil or criminal, may be removed by change of venue, to another county.

SEC. 11. That the following chapters and provisions temporarily in. of the compiled laws of the state of Nebraska, in force homa Testi. November first, eighteen hundred and eighty-nine, in so

far as they are locally applicable, and not in conflict with the laws of the United States or with this act, are hereby extended to and put in force in the Territory of Oklahoma, until after the adjournment of the first session of the legislative assembly of sạid Territory, namely: The provisions of articles 2, 3 and 4, of chapter 2, entitled “Agriculture;” of chapter 4, entitled “Animals;” of chapter 6, entitled “Assignments;” of chapter 7, entitled “Attorneys;” of chapter 10, entitled “Bonds and OathsOfficial;" of chapter 12, entitled "Chattel Mortgages;” of chapter 14, entitled, “Cities of the Second Class and Villages;” of chapter 15, entitled “Common Law;" of chapter 16, entitled “Corporations;" of chapter 18, entitled Counties and County Officers; "of sections 15 and 16, of article 6, of the constitution of said state, and of chapter 20 of said laws, entitled “Courts—Probate;" of chapter 23, entitled "Decedents;" of chapter 24, entitled “Deputies;” of chapter 25, entitled “Divorce and Alimony;" of chapter 26, entitled “Elections;" of chapter 28, entitled "Fees;” of chapter 32, entitled "Frauds;" of chapter 31, entitled "Guardians and Wards;" of chapter 36, entitled “Homesteads;" of chapter 41, entitled “Instruments—Negotiable;” of chapter 44, entitled "Interest;"

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of chapter 46, entitled “Jails;" of chapter 50, entitled “Liquors,” but no licenses shall be issued under this chapter; of chapter 52, entitled “Marriage;" of chapter 53, entitled “Married Women;" of chapter 54, entitled "Mechanics' and Laborers' Liens;" of chapter 61, entitled “Oath and Affirmations;" of chapter 63, entitled "Occupying Claimants;" of article 1, of chapter 72, entitled “Railroads;" of chapter 73, entitled "Real Estate;" and the provisions of part two of said laws, entitled “Code of Civil Procedure,” and of part three thereof, entitled "Criminal Code."

The governor of said Territory is authorized to divide The Governo each county into election precincts and into such political cincts. sub-divisions other than school districts as may be required by the laws of the state of Nebraska; and is hereby authorized to appoint all officers of such counties and sub-divisions thereof as he shall deem necessary, and all election officers until their election or appointment shall be provided for by the legislative assembly, but not more than two of the judges or inspectors of election in any election precinct shall be members of the same political party, and the candidates of each political party who may be voted for at such election may designate one person who shall be present at the counting and canvassing of the vote cast in each precinct.

The supreme and district courts of said Territory Supreme and shall have the same power to enforce the laws of the state of may enforce Nebraska hereby extended to and put in force in said Ter-applying by ritory as courts of like jurisdiction have in said state; but risdiction of county courts and justices of the peace shall have and exercise the jurisdiction which is authorized by said laws of Nebraska: Provided, That the jurisdiction of justices of the peace in said Territory shall not exceed the sum of one hundred dollars, and county courts shall have jurisdiction in all cases where the sum or matter in demand exceeds the sum of one hundred dollars.

Sec. 12. That jurisdiction is hereby conferred upon Extending juthe district courts in the Territory of Oklahoma over all District Courts controversies arising between members or citizens of one in Oklahoma.

District Courts

this Act. .

and Justices.

of

Duties and qualifications of United States attorneys.

tribe or nation of Indians and the members or citizens of other tribes or nations in the Territory of Oklahoma, and any citizen or member of one tribe or nation who may commit any offense or crime in said Territory against the person or property of a citizen or member of another tribe or nation shall be subject to the same punishment in the Territory of Oklahoma as he would be if both parties were citizens of the United States; and any person residing in the Territory of Oklahoma, in whom there is Indian blood, shall have the right to invoke the aid of courts therein for the protection of his person or property, as though he were a citizen of the United States: Provided. That nothing in this act contained shall be construed as to give jurisdiction to the courts established in said Territory in controversies arising between Indians of the same tribe, while sustaining their tribal relation.

SEC. 13. That there shall be appointed for said Territory a person learned in the law, who shall act as attorney for the United States, and shall continue in office for four years, and until his successor is appointed and qualified, unless sooner removed by the president. Said attorney shall receive a salary at the rate of two hundred and fifty dollars annually. There shall be appointed a marshal for said Territory, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the president, and who shall execute all process issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall have the power and perform the duties and be subject to the same regulations and penalties imposed by law on the marshal of the United States, and be entitled to a salary at the rate of two hundred dollars a year. There shall be allowed to the attorney, marshal, clerks of the supreme and district courts the same fees as are prescribed for similar services by such persons in chapter 16, title Judiciary, of the revised statutes of

the United States. Territorial Sec. 14. That the governor, secretary, chief justice officers, oath of office, etc. and associate justices, attorney, and marshal shall be

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