Page:United States Statutes at Large Volume 28.djvu/727

 698 FIFTY-THIRD CONGRESS. Sess. III. Ch. 145. 1895. courts in their respective districts. They shall also procure suitable oliices for the clerks and marshals. Any contract for these purposes shall be approved by the judge only after personal inspection of the premises leased, and any contract for a period longer than six months shall be reported to the Attorney-General for his approval. Said C E 0,, _ marshals shall also provide suitable prisons in each district at the places en. Y of holding said court for the confinement and safe-keepin g of all - prisoners committed by said court, and the commissioners appointed under this act, and all other prisoners in legal custody. com or ¤vr¤¤¤¤· Sec. 11. That the judges of said court shall constitute a court of appeals, to be presided over by the judge oldestin commission as chief ·¥·¤·l¤·li¤¤¤¤- justice of said court; and said court shall have such jurisdiction and powers in said Indian Territory and such general superintending control over the courts thereof as is conferred upon the supreme court of Arkansas over the courts thereof by the laws of said State, as provided by chapter forty of Mansfield’s Digest of the Laws of Arkansas, and the provisions of said chapter, so far as they relate to the jurisdiction and powers of said supreme court of Arkansas as to appeals and writs of error, and as to the trial and decision of causes, so far as they are applicable, shall be, and they are hereby, extended over and Criminal appeals put in force in the Indian Territory; and appeals and writs of error ’“" ‘"'“° °' °“°" trom said court in said districts to said appellate court, in criminal cases, shall be prosecuted under the provisions of chapter forty-six of said Mansiield’s Digest, by this act put in force in the Indian Territory. But no one of said judges shall sit in said appellate court in the determination of any cause in which an appeal is prosecuted trom the decision of any court over which he presided. In case of said presiding judge being absent, the judge next oldest in commission shall preside over said appellate court, and in such case two of said judges shall quorum. constitute a quorum. In all cases where the court is equally divided in opinion, the judgment of the court below shall stand aiiirmed. 4ppe¤l¤.¤¤¤-.w¤lr· Writs of error and appeals from the fiual decision of said appellate °‘“‘ °°““ °f “”°""‘ court shall be allowed, and may be taken to the circuit court of appeals for the eighth judicial circuit in the same manner and under the same regulations as appeals are taken from the circuit courts of the United cl¤rk¤>¤<>¤¤¤f ¤:>· States. Said appellate court shall appoint its own clerk, who shall ’°““‘ hold his office at the pleasure of said court, and who shall receive a salary of one thousand two hundred dollars per annum. The marshal of the district wherein such appellate court shall be held shall be marshal of such court. Said appellate court shall be held at South Term-. MeAlester, in the Choctaw Nation, and it shall hold two terms in each year, at such times and for such periods as may be fixed by the court. gags triiipjligliw ch Sec. 12. That there shall be allowed to said attorneys, marshals, and ,,,7 v_ 1;,, ° * ‘ clerks of the court of appeals and district courts the same fees as are allowed to like officers in chapter sixteen, title judiciary, of the Revised Statutes of the United States, and as are allowed in chapter sixty-three of the Laws of Arkansas, in all cases where such fees or taxed costs are paid by individuals or corporations, and they shall each keep careful account of all such fees collected by him, and account to the clerk of the court of appeals for all of the same in excess of their respective salaries, making settlement therefor with said clerk at the end of each quarter of the fiscal year. And the said clerk of the court of appeals shall at the end of each quarter pay the moneys or fees so received by gm to the assistant treasurer of the United States in Saint Louis, issouri. Laws to mmap in Sec. 13. That none of the provisions of any other acts, or of any of the ""°"· laws of the United States, or of the State of Arkansas, heretofore put in force in said Indian Territory, except so far as they come in conflict with the provisions of this act, are intended to be repealed, or in any manner affected by this act. but all such acts and laws are to remain in full force and effect in said Territory. Approved, March 1, 1895.