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the court on the admission or rejection of evidence when excepted to, shall b made and certified by the court below, and transmit: ted to the supreme court together with the transcript of the proceedings and judgment or decree; but no appellate proceedings in said supreme court, heretofore taken upon any judgment or decree, shall be invalidated by reason of being instituted by writ of error or by appeal; and provided, further, That the appellate court may make any orde in any case heretofore appealed, which may be necessary to save the rig its of ti e parties, and that this act shall not apply to cases now pending in the supreme court of the United States, where the record has already been filed. [Approved April 7, 1874.
Writs of error, bills of exception, and appeals, shall be allowed, in all cases, from the final decisions of the district courts to the supreme court, of all the territories, respectively, under such regulation as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in that court.
Writs of error and appeal from the final decisions of the supreme court of either of the Territories of New Mexico, Utahi, Colorado, Dakota, Arizona, Idaho, Montana and Wyoming, shall be allowed 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 the oath of either party, or of other competent witnesses, exceeds one thousand dollars, except that a writ of error or appeal shall be allowed to the Supreme Court of the United States from the decision of the su: preme courts created by this Title, or of any judge thereof, or of the district courts created by this Title, or of any judge thereof, upon writs of habeas corpus involving the question of personal freedom.
$ 1910. Each of the district courts in the Territories mentioned in the preceding section shall have and exercise the same jurisdiction, in all cases arising under the Constitution and laws of the United States, as is vested in the circuit and district courts of the United States; and the first six days of every term of the respective district courts, or so much thereof as is necessary, shall be appropriated to the trial of causes arising under such Constitution and laws, but writs of error and appeals in all such cases may be had to the supreme court of each territory, as in other
§ 1870. The supreme court of each territory shall appoint its own clerk, who shall hold his office at the pleasure of the court for which he is appointed.
$ 1871. Each judge of the supreme court of the respective ter
ritories shall designate and appoint one person as clerk of the district over which he presides, where one is not already appointed, and shall designate and retain but one such clerk where more than one is already appointed, and only such district clerk shall be entitled to a compensation from the United States.
8 1918. The legislative assembles of New Mexico, Washington, Colorado, Dakota, Arizona, and Wyoming Territories, may assign the judges appointed for such territories, respectively, to the several judicial districts thereof, in such manner as each legislative assembly deems proper and convenient.
$ 1919. The legislative assemblies of Colorado, Dakota and Wyoming Territories may fix or alter the times and places of holding the district courts for such territories, respectively, in such manner as such legislative assembly deems proper and convenient.
$ 1874. The judges of the supreme court of each territory are authorized to holu court within their respective districts, in the counties wherein, by the laws of the territory, courts have been or may be established, for the purpose of hearing and determining all matters and causes, except those in which the United States is a party; but the expense of holding such courts shall be ; aid by the territory or by the counties in which the courts are held, and the United States shall in no case be chargeable therewith.
$ 1875. There shall be appointed in each territory a person learned in the law, to act as attorney for the United States. He shall continu: in office for four years, and until his successor is appointed and qualified, unless sooner removed by tie president.
$ 1876. There shall be appointed a marshal for each territory. He shall execute all process issuing from the territorial 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 regulations and penalties imposed by law on the marshals for the several judicial districts of the United States. He shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the president.
§ 1877. The governor, secretary, chief justice and asssociate justices, attorney and marshal, of every territory, shall be nominated, and by and with the advice and consent of the senate, appointed by the president.
$ 1878. The governor and secretary for each territory shall, before they act as such, respectively take an oath before the district judge, or some justice of the peace in the limits of the territory for which they are appointed, duly authorized to administer oathis by the laws in force therein, or before the chief justice or
some associate justice of the supreme court of the United States, to support the constitution of the United States and faithfully to discharge the duties of their respective offices; and such oaths shall be certified by the person before whom the same are taken, and such certificates shall be received and recorded by the secrelary among the executive proceedings; and the chief justice ind associate justices, and all other civil officers appointed for any ter ritory, before they act as such, shall take a like oath before the governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified, and such oath shall be certified and transmitted by the person taking the same, to the secretary, to be by him recorded as above directed; but after the first qualification of the officers herein specified in the case of a new territory, as well as in all organized territories, the like oath shall be taken, certified and recorded in such manner and form as may be prescribed by the law of each territory.
Hereafter payment of salaries of all officers of the territories of the United States appointed by the president shall commence only when the person appointed to any such office shall take the proper oath and shall enter upon the duties of such office in such territory: And said oath shall hereafter be administered in the territory in which such office is held. [Part of act approved May 1, 1876.
$ 1879. The annual salary of the Chief Justice and Associate Justices of all the territories now organized, shall be three thousand dollars each.
$ 1880. The salary of the attorney of the United States for each territory shall be at the rate of two hundred and fifty dollars annually.
$ 1881. The salary of the Marshal of the United States for each territory shall be at the rate of two hundred dollars a year.
$ 1882. The salaries provided for in this title, to be paid to the Governor, Secretary, Chief Justices and Associate Justices, District Attorney, and Marshal of the several territories, shall be paid quarter-yearly at the treasury of the United States.
§ 1935. There shall be appropriated annually one thousand dollars, to be expended by the respective Governors, to defray the contingent expenses of New Mexico, Utah, Colorado, Dakota, Arizona, Idaho, Montana and Wyoming, including the salary of the clerk in the executive departments of those territories.
$ 1883. The fees and costs to be allowed to the United States Attorneys and Marshals, to the clerks of the Supreme and District Courts, and to jurors, witnesses, commissioners, aud printers, ili
the territories of the United States shall be the same for similar services by such persons as prescribed in chapter 16, title “ The Judiciary," and no other compensation shall be taxed or allowed.
$ 1884. When any officer of a territory is absent therefrom, and from the duties of his office, no salary shall be paid him dur. ing the year in which such absence occurs, unless good cause theretor be shown to the President, who shall officially certify his opinion of such cause to the proper accounting officer of the treasury, to be filed in his office.
§ 1886. All accounts for disbursements in the territories of the United States, of money appropriated by Congress for the support of government therein, shall be settled and adjusted at the treasury department; and no act, resolution, or order of the Legislature of any territory, directing the expenditure of the sum, shall be deemed a sufficient authority for such disbursement, but sufficient vouchers and proof for the same shall be required by the accounting officers of the tr-asury. No payment shall be made or allowed, unless the Secretary of the Treasury has estimated therefor and the object been approved by Congress. No session of the Legislature of a territory shall be held until the appropriation for its expenses has been made.
$ 1939. There shall be appropriated respectively for the territories of New Mexico, Utah, Colorado, Dakota, Arizona, and Wyoming annually a sufficient sum, to be expended by the Secretary of each territory herein named, upon an estimate to be made by the Secretary of the Treasury, to defray the expenses of the Legislative Assembly and other incidental expenses; and the Secretary of each territory above specified shall annually account to the Secretary of the Treasury for the manner in which such sum has been expended.
$ 1888. No Legislative Assembly of a territory shall in any instance or under any pretext, exceed the amount appropriated by Congress for its annual expenses
$ 1889. The legislative assemblies of the several territories shall not grant private charters or especial privileges; but they may, by general incorporation acts, permit persons to associate themselves together as bo lies corporate, for mining, manufacturing, and other industrial pursuits, or the construction or operation of railroads, wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable or scientific association.
Be it enacted, etc., That the words “the legislative assemblies of the several territories shall not grant private charters or especial privileges” in section eighteen hundred and eighty-nine of the Revised Statutes of the United States, shall not be construed as probibiting the legislative assemblies of the several territories of the United States from creating towns, cities, or other municipal corporations, and providing for the government of the same, and conferring upon them the corporate powers and privileges necessary to their local administration, by either general or special acts ; and that all general and special acts of such legislative assemblies heretofore passed creating and providing for the government of towns, cities, or other municipal corporations, and conferring such rights, powers and privileges upon the same as were necessary to their local administration, be and the same are hereby ratified and confirmed and declared to be valid, any law to the contrary notwithstanding, subject however to amendment or repeal hereafter by such territorial assemblies. But nothing herein shall have the effect to create any private right, except that of holding and executing municipal offices, or to divest any such right, or to make valid or invalid any contract or obligation heretofore made by or on behalf of any such town, city, or other municipal corporation, or to authorize any such corporation to incur hereafter any debt or obligation other than such as shall be necessary to the administration of its internal affairs. [Approved, June 8, 1878.
$ 1890. No corporation or association for religious or charitable purposes shall acquire or hold real estate in any territory, during the existence of the territorial government, of a greater value than fifty thousand dollars; and all real estate acquired or held by such corporation or association contrary hereto, shall be forfeited and escheat to the United States; but existing vested rights in real estate shall not be impaired by the provisions of this section.
§ 1891. The constitution and all laws of the United States which are not locally inapplicable, shall have the same force and effect within all the organized territories, and in every territory hereafter organized, as elsewhere within the United States.
$ 1892. Any penitentiary which has been, or may hereafter be erected by the United States in an organized territory shall, when the same is ready for the reception of convicts, be placed under the care and control of the Marshal of the United States for the territory or district in which such penitentiary is situated, except as otherwise provided in the case of the penitentiaries in Montana, Idaho, Wyoming and Colorado.
$ 1893. The attorney general of the United States shall prescribe all needful rules and regulations for the government of such penitentiary, and the Marshal having charge thereof shall cause them to be duly and faithfully executed and obeyed, and the reasonable compensation of the Marshal and of his deputies