Page:United States Statutes at Large Volume 26.djvu/153

 FIFTY-FIRST CONGRESS. Sess. I. Ch. 182. 1890. 99 cases and in the same manner that appeals may be taken from the tinal judgments of justices of the peace under the provisions of said chapter ninety-one. The said court may appoint a constable for Constables. each of the com1nissioner’s districts designated by the court, and the constable so applomted shall perform all the duties required of constables under the provision of chapter twenty-four and other laws of the State of Ar ansas. Each commissioner and constable shall execute to_the United States, for the security of the ublic, a good and sufficient bond, in the sum of Eve thousand dollars, to be ap- reme. _ proved_by the judge appointing him, conditioned that he will faithully discharge the duties of his office and account for all moneys 5 coming into his hands, and he shall take an oath to support the Con- 0Mhstitution of the United States and to faithfully perform the duties , mlllfmd of htm. t f U ted St t b d 1***** e a in men s o ni a es commissioners said court *1*8 ¤P1>·>*¤¤· held at Efuoscogee, in the Indian Territory, heretofore nirade, and all g;li·$;1(ge$?mm°°i°°` acts in pursuance of law and i.n good faith performed by them, are hereby ratified and validated. Sec. 40. That persons charged with any offense or crime in the °"'¤'°°¤¤°¤¤¤¤¤¤- Indian Territory, and for whose arrest a warrant has been issued, mmm may be arrested by the United States marshal or an of his deputies, Arr¤¤¢¤- wherever found in said Territory, but in all cases the accuse shall be taken, for preliminary examination, before the commissioner in lareliminsry enmithe judicial division whose office or place of business is nearest by °° °°‘ the route usually traveled to the place where the offense or crime was committed; but this section shall apiply only to crimes or offenses mamma over which the courts located in the In ian Territory have jlprisdiction: Provided, That in all cases where persons have been rought *""”‘•°· before a United States commissioner in the Indian Territory for pre- my_:,f*‘•¤¤ f¤¤‘ M liminary examination, charged with the commission of any crime therein, and where it appears from the evidence that a crime has been committed, and that there is probable cause to believe the accused gzilty thereof, but that the crime is one over which the courts in the dian Territory have no jurisdiction, the accused shall not, on that account, be discharged, but the case shall be proceeded with as provided in section ten hundred and fourteen of the Revised Stat- R~S·»¤¤¢- 1014. v- 189. utes of the United States. Sec. 41. That the judge of the United Statescourt in the Indian mxmuzmon or Territory shall have the same power to extradite persons who °"“°”“ '°'“‘°°°* have taken refuge in the Indian erritory, charged Wlbll crimes in the States or other Territories of the United States, that may now be exercised by the governor of Arkansas in that State, and he may issue requisitions upon governors of States and other Territories for persons who have committed offenses in the Indian Territory, and who have taken refuge in such States or Territories. Sec. 42. That appeals and writs of error may be taken and Ipr0se— Appeals and wrlts cuted from the decisions of the United States court in the ndian °* °"°¤‘· Territory to the Su reme Court of the United States in the same manner and under the same regulations as from the circuit courts of the United States, except as otherwise provided in this act. Sno, 43. That any member of any Ind1an tribe or nation residing 1~i¤¤¤r·¤ir•¤i¤¤ ct in the Indian Territory may app? to the United States court therein mmm to become a citizen of the Unite States, and such court shall have jurisdiction thereof and shall hear and determine such ap lication. as provided in the statutes of the United States; and the (lbnfederated Peoria Indians residing in the Quapaw Indian Agency, who cei-mu rem-m m. have heretofore or who ma hereafter accept their land in severalty §,‘g;'g,,§°§§,',f‘,,'§,,§’,° under an of the allotment laws of the United States, shall be deemed i¤81¤¤di¤ sevenlvm to be, and are hereby, declared to  citizens of the United States from and after the selection of their allotments, and entitled to all the rights, privileges, and benefits as such, and plarents are hereby declared from that time to have been and to be the legal guardians