« ForrigeFortsett »
Exclusion of members from office.
15 Stat. 180.
Justices of the peace.
25 July 1868. the governor and legislative assembly of the territory. The governor shall nominate Appointment of and by and with the consent of the council appoint all officers not herein otherwise township, dis
provided for, and in the first instance, the governor alone may appoint all such officers, trict and county
who shall hold their offices until the end of the first session of the legislative assembly; and he shall lay off the necessary districts for members of the council and house of
representatives, and all other officers. Ibid. & 8. 8. No member of the legislative assembly shall hold or be appointed to any office
which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year
after the expiration of such term. And no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said territory.
IV. JUDICIARY. 25 July 1868 & 9. 9. The judicial power of said territory shall be vested in a supreme court, district courts,
probate courts and justices of the peace. The supreme court shall consist of a chief justice Supreme court.
and two associate justices, any two of whom shall constitute a 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 the justices of the supreme court, at such time and place as may be prescribed by law; and said judges shall after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of the justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not 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 chancery as well as common law jurisdic
tion, and authority for redress of all wrongs committed against the constitution or laws Clerks of district of the United States or of the territory affecting persons or property. Each district
court, or the judge thereof, shall appoint its clerk, who shall also be the register in Errors and chancery, and shall keep his office where the court may be held. Writs of error, bills appeals.
of exception 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 trial by jury be allowed in Clerk of supreme said court. The supreme court, or the justices thereof, shall appoint its own clerks;
and every clerk shall hold his office at the pleasure of the court for which he Jurisdiction of 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 value of the property or the amount in controversy, to
be ascertained by the oath or affirmation of either party or other competent witness, Federal jurisdic- 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 and the respective judges thereof, shall and may grant writs of 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 constitution and laws; and writs of error and appeals in all such cases, shall be made 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 of the district courts of Dakota territory now receive for
similar services. Ibid. & 10. 10. There shall be appointed an attorney for said territory, who shall continue in District attornoy, office for four years, unless sooner removed by the president, with the consent of the
senate, and who shall receive the same fees and salary as is now received by the attorMarshal. ney of the United States for the territory of 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 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
supreme court of
Precedence of causes.
Fees of clerk.
15 Stat. 181.
of the United States for the present territory of Dakota, and shall, in addition, be paid 25 July 1868. two hundred dollars annually as a compensation for extra services.
11. Temporarily and until otherwise provided by law, the governor of said territory Ibid. & 15. may define the judicial districts of said territory, and assign the judges who may be Judicial districts. appointed for the said territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation to be issued by him ; but the legislative assembly, at their first or any subsequent session, may organize, alter or modify such judicial districts, and assign the judges and alter the times and places of holding the courts, as to them shall seem proper and convenient.
V. MISCELLANEOUS PROVISIONS. 12. The governor, secretary, chief justice and associate justices, attorney and marshal, 25 July 1868 2 11. 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 be appointed as Appointment of aforesaid shall, before they act as such, respectively, take an oath or affirmation before cers. the district judge, or some justice of the peace in the limits of said territory, duly autho- Oath of office. rized to administer oaths and affirmations 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 discharge the duties of their respective offices, which said oaths when so taken shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the secretary among the executive proceedings; and the chief justice, and associate justices and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified, which said oath or affirmation, shall be certified and transmitted by the person taking the same to the secretary, to be recorded by him as aforesaid, and afterwards the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. The governor shall receive an annual salary of two thousand Salaries. dollars as governor, and one thousand dollars as superintendent of Indian affairs; the chief justice and the associate justices shall each receive an annual salary of twentyfive hundred dollars, and the secretary shall receive an annual salary of eighteen hundred dollars; the said salaries shall be payable quarter-yearly at the treasury of the United States. The members of the legislative assembly shall be entitled to receive Compensation of four dollars each per day during their attendance at the session thereof, and three
sembly, &c. dollars for every twenty miles' travel in going to and returning from the said sessions, estimating the distance by the nearest travelled route. There shall be appropriated Contingent er. annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the territory; there shall also be appropriated, annually, a sufficient sum, to be expended by the secretary, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the secretary of the territory shall annually account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended.
13. The legislative assembly of the territory of Wyoming shall hold its first session Ibid. 2 12. at such time and place in said territory as the governor thereof shall appoint and seat of govern. direct; and at said first session, or as soon thereafter as they shall deem expedient, the ment. governor and legislative assembly shall proceed to locate and establish the seat of government for said territory, at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.
14. A delegate to the house of representatives of the United States, to serve during Ibid. & 13. each congress of the United States, may be elected by the voters qualified to elect Delegate to conmembers of the legislative assembly, who shall be entitled to the same rights and gress. privileges as are exercised and enjoyed by the delegates from the several other territories of the United States in the said house of representatives. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections the time, place and manner of holding elections shall be prescribed by law. The person having the greatest number of votes of the qualified electors as herein before provided, shall be declared by the governor elected, and a certificate thereof shall be accordingly given.
15. Sections numbered sixteen and thirty-six in each township in said territory shall Ibid. & 14. be, and the same are hereby reserved for the purpose of being applied to public schools School lands. in the state or states hereafter to be erected out of the same.
members of as
ted States extended over.
25 July 1868 & 16. 16. The constitution and all laws of the United States, which are not locally inapLaws of the Uni- plicable, shall have the same force and effect within the said territory of Wyoming as
elsewhere within the United States. Ibid. & 17.
17. This act shall take effect from and after the time when the executive and judicial
officers herein provided for shall have been duly appointed and qualified : Provided, Authority of
That all general territorial laws of the territory of Dakota in force in any portion of said territory of Wyoming, at the time this act shall take effect, shall be and continue in force throughout the said territory, until repealed by the legislative authority of said territory, except such laws as relate to the possession or occupation of mines or mining claims.
la ws of Dakota.
Agents to be appointed for, 281, & 36.
Suits against takers of, to be removable to the circuit court, 115, & 16.
Of receiving officers, to be settled monthly, 25, & 1.
Except by congress, or the courts, 26, & 6.
Duties on imported, 230, & 36 ; 233, 8 40; 236–7, & 40, 247, 8 72.
Judges and clerk of court of claims may take, 148, 8 4.
Conveyances, &c., of vessels to be acknowledged, 535, & 14.
Where transitory actions to be brought, 511, 1.
Possessory actions on mining titles, 511, $ 3.
Number of pamphlet laws to be delivered to executive departments, 25, 8 6.
His duties, 28, 3.
Department of, organized, 37, & 8.
ADMIRAL. See Rear-Admirals; Vice-Admiral.
One to be appointed, 434, 8 37.
Secretary, 448, & 138.
To be appointed for captured property, &c., 281, % 36.
Foreign insurance agents, 349, % 234.
Stamp duties on, 377, 8 356.
On renewals of, 380, 8 371.
Department of, established, 29, & 1.
Bonds, 29, 84.
In the fifth judicial circuit, 111, 1.
Selma annexed to district of Mobile, 30, & 3.
Laws of the United States extended over, 30, 8 1.
Secretary to prescribe regulations, 31, 9.
Terms of circuit court at, 467, % 3.
Warehouse act may be extended to, 469, % 18.
Collection district, in North Carolina, 469, & 1.
Salary of collector, 469, % 1.
Aliens honorably discharged from the military service, to be naturalized, on proof of one year's
residence, 32, % 1.
Exceptions, 283, 8 49.
When to be granted on divorce, in the District of Columbia, 196, § 173.
When to be forfeited, &c., 196, § 176.
Salaries of, 33, & 5.