Page images
PDF
EPUB
[ocr errors]

therein shall be at South McAlester. The third division shall consist of the Chickasaw and Seminole countries, and the place for holding said court therein shall be at Ardmore. That the attorney general of the United States may, if in his judgment it shall be necessary, appoint an assistant attorney for said court. And the clerk of said court shall appoint a deputy clerk in each of said divisions in which said clerk does not himself reside at the place in such division where the terms of said court are to be held. Such deputy clerk shall keep his office and reside at the place appointed for holding of said court in the division of such residence, and shall keep the records of said court for such division, and in the absence of the clerk may exercise all the official powers of the clerk within the division for which he is appointed: Provided, That the appointment of such deputies shall be approved by said United States court in the Indian Territory, and may be annulled by said court at its pleasure, and the clerk shall be responsible for the official acts and negligence of his respective deputies. The judge of said court shall hold at least two terms of said court each year in each of the divisions aforesaid, at such regular times as said judge shall fix and determine, and shall be paid his actual traveling expenses and subsistence while attending and holding court at places other than Muskogee. And jurors for each term of said court, in each division, shall be selected and summoned in the manner provided in said act, three jury commissioners to be selected by said court for each division, who shall possess all the qualifications and perform in said division all the duties required by the jury commissioners provided for in said act. All prosecutions for crimes or offenses hereafter committed in said Indian Territory shall be cognizable within the division in which such crime or offenso shall have been committed. And all civil suits shall be brought in the division in which the defendant or defendants reside or may be found; but if there be two or more defendants residing in different divisions, the action may be brought in any division in which either of

certain gener

the defendants resides or may be found. And all cases shall be tried in the division in which the process is returnable as herein provided, unless said judge shall direct such case to be removed to one of the other divisions: Provided, however, That the judicial tribunals of the Indian nations shall retain exclusive jurisdiction in all civil and criminal cases arising in the country in which members of the nation by nativity or by adoption shall be the only parties; and as to all such cases the laws of the state of Arkansas extended over and put in force in said Indian Territory by this act shall not

apply. Extending Sec. 31. That certain general laws of the state of Aral laws of Ar- kansas in force at the close of the session of the general Indian Terri- assembly of that state, of eighteen hundred and eighty

three, as published in eighteen hundred and eighty-four, in the volume known as Manfield's Digest of the Statutes of Arkansas, which are not locally inapplicable or in conflict with this act or with any law of congress, relating to the subjects specially mentioned in this section, ars hereby entended over and put in force in the Indian Territory until congress shall otherwise provide; that is to say, the provisions of the said general statutes of Arkansas relating to administration, chapter 1, and the United States court in the Indian Territory, herein referred to, shall have and exercise the powers of courts of probate under said laws; to public administrators, chapter 2, and the United States marshal of the Indian Territory shall perform the duties imposed by said chapter on the sheriffs of said state, to arrest and bail, civil, chapter 7; to assignment for benefit of creditors, chapter 8; to at:achments, chapter 9; to attorneys at law, chapter 11; w bills of exchange and promissory notes, chapter 14; to civil rights, chapter 18; to common and statute law of England, chapter 20; to contempts, chapter 26; to municipal corporations, chapter 29, division 1; to costs, chapter 30; to descents and distributions, chapter 49; to divorce, chapter 52, and said court in the Indian Territory shall exercise the powers of the

circuit courts of Arkansas under this chapter; to dower, chapter 52; to evidence, chapter 59; to execution, chapter 60; to fees, chapter 63; to forcible entry and detainer, chapter 67; to frauds, statute of, chapter 68; to fugitives from justice, chapter 69; to gaming contracts, chapter 70; to guardians, curators and wards, chapter 73, and said court in the Indian Territory shall appoint guardians and curators; to habeas corpus, chapter 74; to injunction, chapter 81; to insane persons and drunkards, chapter 82, and said court in the Indian Territory shall exercise the powers of the probate courts of Arkansas under this chapter; to joint and several obligations and contracts, chapter 87; to judgments and decrees, chapter 88; to judgments summary, chapter 89; to jury, chapter 90; to landlord and tenant, chapter 92; to legal notices and advertisement, chapter 94; to liens, chapter 96; to limitations, chapter 97; to mandamus and prohibition, chapter 100; to marriage contracts, chapter 102; to marriages, chapter 103; to married women, chapter 104; to money and interest, chapter 109; to mortgages, chapter 110; to notaries public, chapter 111, and said court in the Indian Territory shall appoint notaries public under this chapter; to partition and sale of lands, chapter 115; to pleadings and practice, chapter 119; to recorder, chapter 126; to replevin, chapter 128; to venue, change of, chapter 153; and to wills and testaments, chapter 155; and whenever in said laws of Arkansas the courts of record of said state are mentioned the said court in the Indian Territory shall be substituted therefor; and whenever the clerks of said courts are mentioned in said laws the clerk of said court in the Indian Territory and his deputies, respectively, shall be substituted therefor; and whenever the sheriff of the county is mentioned in said laws the United States marshal of the Indian Territory shall be substituted therefor, for the purpose, in each of the cases mentioned, of making said laws of Arkansas applicable to the Indian Territory.

That no attachment shall issue against improvement: on real estate while the title to the land is vested in any

[ocr errors]

No attachments to issue against improvements of

except

Executions valid when.

Indian nation, except where such improvements havo

been made by persons, companies or corporations operIrdian lands. ating coal or other mines, railroads or other industries,

under lease or permission of law of an Indian national council, or charter, or law of the United States.

That executions upon judgments obtained in any other tuan Indian courts shall not be valid for the sale or conveyance of title to improvements made upon lands owned by an Indian nation, except in the cases wherein attachments are provided for. Upon a return of nulla bona, upon an execution upon any judgment against an adopted citizen of any Indian tribe, or against any person residing in the Indian country and not a citizen thereof, if the judgment debtor shall be the owner of any improvements upon real estate within the Indian territory in excess of one hundred and sixty acres occupied as a homestead, such improvements may be subjected to the payment of such judgment by a decree of the court in which such judgment was rendered. Proceedings to subject such property to the payment of judgments may be by petition, of which the judgment debtor shall have notice as in the original suit. If on the hearing the court shall

be satisfied from the evidence that the judgment debtor Receiver can is the owner of improvements on real estate subject to the

payment of said judgment, the court may order the same sold, and the proceeds, or so much thereof as may be necessary to satisfy said judgment and costs, applied to the payment of said judgment; or if the improvement is of sufficient rental value to discharge the judgment within a reasonable time the court may appoint a receiver, who shall take charge of such property and apply the rental receipts thereof to the payment of such judgment, under such regulations as the court may prescribe. If under such proceeding any improvement is sold, only citizens of the tribe in which said property is situated may become the purchaser thereof.

The constitution of the United States and all general laws of the United States which prohibit crimes and misdemeanors in any place within the sole and exclusive

Court may order improvements sold, when.

under certain conditions.

of

jurisdiction of the United States, except in the District of Columbia, and all laws relating to national banking associations, shall have the same force and effect in the Indian Territory as elsewhere in the United States; but nothing in this act shall be so construed as to deprive any of the courts of the civilized nations of exclusive jurisdiction over all cases arising wherein members of said nations, whether by treaty, blood, or adoption, are the sole parties, nor so as to interfere with the right and power of said civilized nations to punish said members for violation of the statutes and laws enacted by their national councils where such laws are not contrary to the treaties and laws of the United States.

Sec. 32. That the word “County," as used in any of Defining the the laws of Arkansas which are put in force in the Indian certain words. Territory by the provisions of this act, shall be construed to embrace the territory within the limits of a judicial division in said Indian Territory; and whenever in said laws of Arkansas the word “County” is used, the words "Judicial division" may be substituted therefor, in said

” Indian Territory, for the purposes of this act. And whenever in said laws of Arkansas the word “State” or the words “State of Arkansas” are used, the word “Territory” or the words “Indian Territory” may be substituted therefor, for the purposes of this act, and for the purpose of making said laws of Arkansas applicable to the said Indian Territory; but all prosecutions therein shall run in the name of the “United States”. Sec. 33. That the provisions of chapter 45 of the said Defining jur

. general laws of Arkansas, entitled "Criminal law,” except as certain Court: to the crimes and misdemeanors mentioned in the proviso zitary Range to this section, and the provisions of chapter 46 of said general laws of Arkansas, entitled "Criminal procedure, as far as they are applicable, are hereby extended over and put in force in the Indian Territory, and jurisdiction to enforce said provisions is hereby conferred upon the United States court therein: 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

[ocr errors]

and Arkansas

« ՆախորդըՇարունակել »