Page:United States Statutes at Large Volume 15.djvu/213

 FORTIETH CONGRESS. Sess. II. Ch. 235. 1868. 181 quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices for four years, unless sooner removed by the President with the consent of the Senate of the United States. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of District court. the justices of the supreme court, at such time and place as may be prescribed by law; and said judges shall after their appointments, re- Residence 0,. spectively, reside in the districts which shall be assigned them. The judges, jurisdiction of the several courts herein provided for, both appellate and ·l¤*iSdi<=¤<>¤ original, and that of the probate courts, and of the justices of the peace, j°,€s°f?C`;;°}°l`f,‘; °f shall be as limited by law: Provided, That justices of the peace shall not peace. have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess ehaneery as well as common law jurisdiction and authority Chancery for redress of all wrongs committed against the Constitution or laws of the P°“"’“· United States or of the Territory afleeting persons or property. Each district court, or the judge thereof, shall appoint its clerk, who shall also Qierks and be the register in chancery, and shall keep his office where the court may "°g‘s°"*" be held. Writs of error, bills of exception, and appeals shall be allowed WMS ¤l`_¤1‘· in all cases irom the final decisions of said district courts to the supreme QQ ;;;;gl;?°B’ coutt under such regulations as may be prescribed by law, but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerks, an.! every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeal from the final decision 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 \ zxlueoftlle property or the amountin controversy, to be ascertained by the oath or allirmation 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 said Territory, andthe respective judges thereoh shall and may grant writs of habeas corpus in all cases in which the same are grantable by the H¤b¢¤¤ ¤0!‘- judges of the United States in the District of Columbia; and the first six pugccedeuce of days of every term of said courts, or so much thereof as shall be necessary, trials of certain shall be appropriated to the trial of causes arising under the said Coustitu- °’*S°¤· tion 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. The said clerk shall receive in all such cases the same fees which the clerks Few of clerkof the district courts of Dakota Territory now receive for similar services. 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, g\twy¤·g,_ unless sooner removed by the President with the consent of the Senate, ggé? gl; ;;;;l_y_ and who shall receive the same fees and salary as is now received by the Y attorney of the United States for the Territory of Dacctah [Dakota]. There shall also be a marshal for the Territory appointed, who shall hold his office for four years, unless sooner removed by the President with the Marshal, &c. consent of the Senate, 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 Dakota, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. _ Sec. 11. And be it further enacted, That the governor, secretary, chief