Page:1887 Compiled Laws of Dakota Territory.pdf/42

Rh matter in dispute, exclusive of costs, shall exceed the sum of five thousand dollars.

§ [29.] The preceding section shall not apply to any case wherein is involved the validity of any patent or copyright, or in which is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States; but in all such cases an appeal or writ of error may be brought without regard to the sum or value in dispute.

§ [30.] The appellate jurisdiction of the supreme court of the United States over the judgments and decrees of said territorial courts in cases of trial by jury, shall be exercised by writ of error, and in all other cases by appeal according to such rules and regulations as to form and modes of proceedings as the said supreme court have prescribed or may hereafter prescribe; pro­vided, that an appeal instead of the evidence at large, a state­ment of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall be made and certified by the court below, and transmitted 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 order in any case heretofore appealed, which may be necessary to save the rights of the 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.

§ [31.] The jurisdiction both appellate and original, of the courts provided for in sections 1907 and 1908, shall be limited by law.

§ [32.] 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.

§ [33.] The supreme court and district courts, respectively, of every territory, shall possess chancery as well as common law jurisdiction.

§ [34.] It shall not be necessary in any of the courts of the several territories of the United States to exercise separately the common law and chancery jurisdictions vested in said courts; and the several codes and rules of practice adopted in said terri­tories respectively, in so far as they authorize a mingling of said jurisdictions or a uniform course of proceeding in all cases, whether legal or equitable, be confirmed; and that all proceed­ings heretofore had or taken in said courts in conformity with said respective codes and rules of practice, so far as relates to the form and mode of proceeding be, and the same are hereby vali­dated and confirmed; provided, that no party has been or shall be deprived of the right of trial by jury in cases cognizable at common law.

§ [35.] 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 re-