Page:United States Statutes at Large Volume 28.djvu/725

 696 FlF'l‘Y·'lfHIRD CONGRESS. Sess. III. Ch. 145. 1895. and bounds, the portion of the district for which they are appointed. P°'°"" They shall have all the powers of commissioners of the circuit courts of the United States. They shall be ex officio notaries public and ex otiiciojustices of the peace within and for the portion of the district for which they are appointed, and shall have the power as such to solemnize marriages. ,8jj;•h¤¤rjm;{*Iy;;¤;j The provisions of chapter forty-five of Mansheld’s Digest of the mcs. P Genera Laws of Arkansas, entitled “Criminal law,” except as to the crimes and misdemeanors mentioned in the proviso of this section, and chapter tbrty-six of said laws of Arkansas, contained in said digest, entitled “Criminal procedure," and chapter ninety-one of said general laws, regulating the jurisdiction and procedure before justices of the peace in civil cases, be, and they are hereby, extended to and put in ·'““°***°'*°"· force in the Indian Territory; and thejurisdiction to enforce said pro- ° _ visions is hereby conferred upon the United States court in the Indian f,'°,Qf,‘{;,,,,,,,g c,,,,,,, Territory: Provided, That in all cases where the laws of the United uname sims laws w States and the said criminal laws of Arkansas have provided for the "'°““1‘ punishment of the same offenses the laws of the United States shall ¥·¤¤¤¤¥ ¤¤¤*P*°•*- govern a to said offenses, except for the crime of larceny, the punishment for which shall be that prescribed by the laws of the State of Arkansas, any law in force in said Indian Territory to the contrary _ notwithstanding. ~  The original jurisdiction of such commissioners as justices of the diction mmsiho. peace in civil cases shall, in all those classes of cases where jurisdiction is by this Act conferred upon the United States court in the Indian Territory, be exclusive where the amount or value of the demand or of the property or thing in controversy does not exceed one hun- _ _ _ dreddollars. ,_,,f;,"*¤**”°‘ J“"“‘“°‘ That said commissioners, acting as justices of the peace in criminal ` cases, shall have jurisdiction to hold preliminary examinations and discharge, hold to bail, or commit in cases of offenses which, under the laws applicable to the Territory, amount to felonies. A¥'P*’“'·°· Appeals may be taken to the United States court in the Indian Territory, in said districts, respectively, from the iinal judgment of said commissioners, acting as justices of the peace, in all cases; and such appeals shall be taken in the manner that appeals may be taken from the nnal judgments of the justices of the peace under the provisions of said chapter ninety-one in civil cases and chapter forty-six in criminal {mee- cases of the laws of Arkansas: Provided, That no appeal shall be ' allowed in civil cases where the amount of the judgment, exclusive of _ cost, does not exceed twenty dollars. Each of said commissioners in “""‘"°“‘ said Territory shall receive a salary of one thousand five hundred dollars per annum, and all fees collected by him shall be paid over to the clerk of the district. Constables sum:. Sec. 5. That the judge in each district may appoint a constable for appointments shall be in writing and spread upon the records of one of the courts in said district, and the constable so appointed shall perform all the duties required of con stables by the laws of the State of Arkansas, chapter twenty-four of Mansiield’s Digest. Each of said constablcs Salary. shall receive a salary of six hundred dollars per annum. Each of said Amounts ur ms, commissioners and constables shall keep a careful account of all fees, "°‘ fines. and costs collected by him, and shall settle with and pay the same to the clerk of the district at the end of every quarter, who shall pay the same into the Treasury of the United States. Said commissioners and constables, before entering upon the discharge of their duties, shall execute to the United States, for the security of the public, mms ima mm. a good and sufficient bond in the sum of two thousand dollars to be approved by the judge appointing him, conditioned that he will faithfully discharge the duties of his office and account for all moneys coming into his hands; and he shall take an oath to support the Constitution of the United States and to faithfully perform the duties required of
 * ‘°“· each of said commissioners districts so designated by the court, which