Page:United States Statutes at Large Volume 12.djvu/272

 242 THIRTY—·SIXTH CONGRESS. Sess. II. Ch. 86. 1861. 0f 5¤¤¢i¤¤¤ of shall be as limited by law: Provided, That justices of the peace shall not tm P°“°°‘ have jurisdiction of any matter in controversy when the title or boumlaries of land may be in dispute, or where the debt or sum claimed shall Ofsupreme exceed one hundred dollars; and the said supreme and district courts, re- ¤·¤¤¥*¤» wd who shall also be the register in chancery, and shall keep his office at the Trim of mor, and appeals, shall be allowed in all cases from the final decisions of said &°· district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall Clerk of Bu, trial by jury be allowed in said court. The supreme court, or the justices preme court- thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Write of mor, Writs of error and appeals from the final 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 the oath or aflirmation of either party, or other competent witness, shall exceed one thousand dollars; and each of the said district courts 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 said supreme and district courts of the said Territory, and the respective judges thereof, shall and may grant writs of Habw, corpus_ habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia; 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 the said Consti— tution and laws; and writs of error and appeals in all such cases shall be made to the supreme court of said Territory the same as in other cases. Fees of clerk. The said clerk shall receive, ih all such eases, the same fees which the clerks of the district courts of Nebraska Territory now receive for similar services. Attomey, &e. Sec. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the present Terri- Mmhat, Gm. tory of Nebraska. There shall also be a marshal for the Territory appointed, who shall hold his office for four years, unless sooner rem Jved by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and- be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Nebraska, and shall, in addition, he paid two hundred dollars annually as a compensation for extra services. Appointment Sec. 11. And be it further enacted, That the governor, secretary, °f €°"°’“°*`¤ &°· chief justice and associate justices, attorney, and marshal, shall be nominated and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to How quipped_ be appointed as aforesaid shall, before they act as such, respectively take an oath or adirrnation before the district judge, or some justice of the peace m thevlimits of said Territory duly authorized to administer oaths andsfiirmations by the laws now 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
 * g‘{t°"" °h°°` place where the court may be held. Writs of error, bills of exception,