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Writs of error
93 U. S., 465.
Judge of any dis
been heretofore rendered and remain unexecuted; but this provision
A writ of error from the Supreme Court of the United States to the
Whenever the condition of the business in the district court of any trict may have as- district is such that the judge of the district is unable to do the same, sistance of other he may request the judge of either of the other districts to assist him, judges. and, upon such request made, the judge so requested may hold the whole or part of any term, or any branch thereof, and his acts as judge shall be of equal force as if he were duly assigned to hold the courts in such district.
Jury-list, how prepared, &c. 98 U. S., 153.
Drawing and summoning jury.
-names drawn not to be returned until, &c.
- additional jurors during term time.
SEC. 4. That within sixty days after the passage of this act, and in the month of January annually thereafter, the clerk of the district court in each judicial district, and the judge of probate of the county in which the district court is next to be held, shall prepare a jury list from which grand and petit jurors shall be drawn, to serve in the district courts, of such district, until a new list shall be made as herein provided, Said clerk and probate judge shall alternately select the name of a male citizen of the United States who has resided in the district for the period of six months next preceding, and who can read and write in the English language; and, as selected, the name and residence of each shall be entered upon the list, until the same shall contain two hundred names, when the same shall be duly certified by such clerk and probate judge; and the same shall be filed in the office of the clerk of such district court, and a duplicate copy shall be made and certified by such officers, and filed in the office of said probate judge.
Whenever a grand or petit jury is to be drawn to serve at any term of a district court, the judge of such district shall give public notice of the time and place of the drawing of such jury, which shall be at least twelve days before the commencement of such term; and on the day and at the place thus fixed, the judge of such district shall hold an open session of his court, and shall preside at the drawing of such jury; and the clerk of such court shall write the name of each person on the jury lists returned and filed in his office upon a separate slip of paper, as nearly as practicable of the same size and form, and all such slips shall, by the clerk in open court, be placed in a covered box, and thoroughly mixed and mingled; and thereupon the United States marshal, or his deputy, shall proceed to fairly draw by lot from said box such number of names as may have previously been directed by said judge; and if both a grand and petit jury are to be drawn, the grand jury shall be drawn first; and when the drawing shall have been concluded, the clerk of the district court shall issue a venire to the marshal or his deputy, directing him to summon the person so drawn, and the same shall be duly served on each of the persons so drawn at least seven days before the commencement of the term at which they are to serve; and the jurors so drawn and summoned shall constitute the regular grand and petit juries for the term for all cases.
And the names thus drawn from the box by the clerk shall not be. returned to or again placed in said box until a new jury-list shall be made.
If during any term of the district court any additional grand or petit jurors shall be necessary, the same shall be drawn from said box by the United States marshal in open court; but if the attendance of those drawn cannot be obtained in a reasonable time, other names may be drawn in the same manner.
Each party whether in civil or criminal cases, shall be allowed three peremptory challenges except in capital cases where the prosecution and the defense shall each be allowed fifteen challenges.
In criminal cases, the court, and not the jury, shall pronounce punishment under the limitation prescribed by law.
The grand jury must inquire into the case of every person impris oned within the district on a criminal charge and not indicted; into the condition and management of the public prisons within the district; and into the willful corrupt misconduct in office of public officers of every description within the district; and they are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge of all public records within the district.
Court and not jury to pronounce punishment.
Grand jury, duties and powers.
SEC. 5. That there shall be appointed by the governors of said Ter- Notaries public ritory one or more notaries public for each organized county, whose term to be appointed by of office shall be two years, and until their successors shall be appointed governor, &c. and qualified.
The act of the legislative assembly of the Territory of Utah entitled Approval of ter"An act concerning notaries public" approved January seventeenth, ritorial act in part. eighteen hundred and sixty-six, is hereby approved, except the first section thereof, which is hereby disapproved: Provided, That wherever, in said act, the words "probate judge" or "clerk of the probate court" are used, the words "secretary of the Territory" shall be substituted
SEC. 6. That the supreme court of said Territory is hereby authorized to appoint commissioners of said court, who shall have and exercise all the duties of commissioners of the circuit courts of the United States, and to take acknowledgments of bail; and, in addition, they shall have the same authority as examining and committing magistrates in all cases arising under the laws of said Territory as is now possessed by justices of the peace in said Territory
to be appointed by
SEC. 7. That the act of the territorial legislature of the Territory of Utah entitled "An act in relation to marshals and attorneys," approved disapproved. March third, eighteen hundred and fifty-two, and all laws of said Territory inconsistent with the provisions of this act, are hereby disapproved.
R. Š., §§ 823–856,
The act of the Congress of the United States entitled (2) "An act Fees of clerks, to regulate the fees and costs to be allowed clerks, marshals, and attor- marshals, and atneys of the circuit and district courts of the United States, and for torneys. other purposes," approved February twenty-sixth, eighteen hundred and 984, 1883. fifty-three, is extended over and shall apply to the fees of like officers in said Territory of Utah.
But the district attorney shall not by fees and salary together receive District attormore than thirty-five hundred dollars per year; and all fees or moneys ney's salary limreceived by him above said amount shall be paid into the Treasury of ited. the United States. [June 23, 1874.]
NOTE. (2) The act here referred to, 1853, ch. 80 (10 Stat. L., 161), is incorporated into Revised Statutes in the sections noted in the margin.
R. S., § 1881.
AN ACT PROVIDING FOR THE SALE OF THE KANSAS INDIAN
ACTUAL SETTLERS, AND FOR THE DISPOSITION OF THE PROCEEDS OF THE SALE.
1. Settlers on Kansas Indian trust-lands may pay appraised value in instalments. Purchasers of timber-land to give bond not to commit waste, and give notes to secure purchase-money.
2. Remainder of trust-lands, &c., subject to entry.
Payment of appraised value.
LANDS IN KANSAS TO
June 23, 1874. 18 Stat. L., 272.
Whereas, the Secretary of the Interior, in pursuance of an act approved May eighth, eighteen hundred and seventy-two has caused to be appraised the lands heretofore owned by the Kansas tribe of Indians, in the State of
1872, ch. 141 (17 Stat. L., 85).
Settlers on Kan
sas Indian trustlands may pay appraised valne in instalments, &c. 1876, July 5, ch.
1880, March 16,
Kansas, which by the terms of the treaty made by the United States and said Indians, and proclaimed November seventeenth, eighteen hundred and sixty, were to be sold for the benefit of said Indians; which appraisement also includes all improvements on the same, and the value of said improvements distinguishing between improvements made by members of said Indian tribe, the United States, and white settlers; and whereas the appraisement thus made was so high that neither settlers nor purchasers were able to pay the same, and the said land has remained unsold from the passage of the act, Therefore,
Be it enacted, &c.
[SECTION 1], That each bona fide settler on any of the trust-lands embraced in said act, heretofore reported as such by the commissioners appointed to make said appraisement, and the rejected claimants as bona fide settlers, who were recommended as such by Andrew C. Williams, acting under instructions to Superintendent Hoag, from the Indian Office, dated October twenty-fourth, eighteen hundred and seventy-two, be permitted to make payment of the appraised value of their lands to the local land office at Topeka, Kansas, under such rules as the Commissioner of the General Land Office may adopt, in six equal annual instalments; the first instalment payable on the first of January, eighteen hundred and seventy-five, and the remaining instalments payable annually from that time, and drawing interest at six per centum per annum until paid:
Provided, That where there is timber on any of the lands to be sold timber land to give under the provisions of this act, the Secretary of the Interior shall rebond not to com- quire the purchaser to enter into bond, with approved security, that he mit waste, and give notes to se- shall commit no waste on the timber, or otherwise, on said land until cure purchase the last payment is made, and give his notes to secure the purchase money thereof on the terms aforesaid.
Remainder of SEC. 2. That all the remainder of the trust-lands and of the undisposed trust-lands, &c., portion of the diminished reserve shall be subject to entry at the local subject to entry. land office at Topeka, Kansas, in tracts not exceeding one hundred and 1880, March 16, ch. 39, § 2. sixty acres, unless a legal subdivision of a section shall be fractional and found to contain a greater number of acres, by actual settlers, under such rules and regulations as the Commissioner of the General Land Office may prescribe.
Payment of appraised value.
And the parties making such entries shall be required to make payment of the appraised value of the land entered and occupied by each, in the following manner: One-fourth at the time that the entry is made, and the remainder in three equal annual payments, drawing interest at six per centum per annum, which payments shall be secured by notes payable to the United States, and the Secretary of the Interior, shall withhold title until the last payment is made;
And the Secretary of the Interior, where there is timber on the lands, timber-land to give shall, in addition, compel the purchaser to enter bond, with approved bond, &c. security, to commit no waste by the destruction of timber, or otherwise, on the premises, until final payment has been made; and the Secretary of the Interior shall cause patents in fee simple to be issued to all parties who shall complete purchases under the provisions of this act: Persons failing Provided, That if any person or persons applying to purchase land to make payment under the provisions of this act shall fail to make payment, or to perform to forfeit rights, and lands to be any other conditions required by the provisions of this act, or by rules again sold. and regulations that may be prescribed in the execution hereof, within 1880, March 16, ninety days after such payment shall become due, or performance be ch. 39, § 3. required by the terms hereof, or by the rules and regulations which may be prescribed in execution hereof, such person or persons shall forfeit all rights under the provisions of this act, and all claim or right to reimbursement or compensation for previous action or payment by said person or persons under the provisions hereof; and the land proposed to be purchased by such person or persons shall again be subject to sale, as though no action had been had in regard to the same:
And provided, That all of the lands not taken within twelve months Lands after one after the passage of this act may be sold in amounts not to exceed one year may be sold hundred and sixty acres to any one person, at the appraised price in the at appraisal. land district in which they are situated.
taken before nota
SEC. 3. That in preparing or giving their testimony, all settlers or Testimony of setpurchasers of land under the provisions of this act may have such tes- tlers and purtimony taken, after due and legal notice to the opposing party in inter- chasers may be est, before any notary public or person qualified to administer an oath, ries public, &c. and may forward such testimony with their application to the land offices or parties authorized to dispose of said lands, which testimony shall be received as if taken before the officers of such land office.
tribe in common;
SEC. 4. That the net proceeds arising from such sales, after defraying Net proceeds of the expenses of appraisement and sale, which have heretofore or may sales to belong to hereafter be incurred, and also the outstanding indebtedness, principal how held and used, and interest, of said Kansas tribe of Indians, which has heretofore been &c. incurred under treaty stipulations, shall belong to said tribe in common, and the residue not so required shall be placed to their credit on the books of the Treasury, and bear interest at the rate of five per centum, per annum and be held as a fund for their civilization, the interest of which and the principal, when deemed necessary by the President of the United States, may be used for such purpose. [June 23, 1874.]
AN ACT TO FURTHER PROVIDE FOR THE SALE OF CERTAIN INDIAN LANDS IN KANSAS
1. Settlers on Miami Indian lands may make payment in three instalments.
Be it enacted, &c.
2. Purchasers of New York Indian lands. Kan-
June 23, 1874.
18 Stat. L., 273.
Settlers on Mi
ami Indian lands may make payment in three in
[SECTION 1], That those persons who by the provisions of the second section of the act entitled "An act to abolish the tribal relations of the Miami Indians, and for other purposes," approved March third, eighteen hundred and seventy-three, are entitled to purchase, for cash, the stalments. land occupied by them at the appraised value thereof, be permitted to 1873, ch. 332 (17 make payment for said lands at the land office at Topeka, Kansas, under Stat. L., 631). such regulations as may be prescribed by the Secretary of the Interior, in three equal annual instalments; the first instalment to be payable on or before the thirtieth day of October, eighteen hundred and seventyfour, and the remaining two instalments annually thereafter, with interest at the rate of six per centum per annum, from the thirtieth day of October, eighteen hundred and seventy-four.
SEC. 2. That those persons who, by the provisions of the act entitled Purchasers of "An act to provide for the sale of certain New York Indian lands in New York Indien Kansas," approved February nineteenth, eighteen hundred and seventy. lands in Kansas may make paythree, are entitled to enter and purchase, for cash, the lands in said act ment in two anset forth, be permitted to make payment for the same at the land office nual instalments. at Independence, Kansas, under such regulations as the Secretary of 1873, ch. 167 (17 the Interior may prescribe, in two equal instalments; the first instal. Stat. L., 466). ment to be payable on or before the thirtieth day of September, eighteen hundred and seventy-five, and the remaining instalment within one year thereafter, with interest at the rate of six per centum per annum from said thirtieth day of September, eighteen hundred and seventyfive.
Provided, however, That this act shall only apply to actual settlers on the land so purchased. [June 23, 1874.]
Act to apply only to actual settlers.
June 23, 1874.
18 Stat. L., 275.
Bridge across Niagara River de
clared a lawful structure and a post-route.
AN ACT TO DECLARE THE BRIDGE ACROSS THE NIAGARA RIVER, AUTHORIZED BY THE
Bridge across Niagara River declared a lawful structure and a post-route.
Be it enacted, &c., That the modifications in the plans of the bridge authorized by the act approved on the thirtieth day of June, eighteen hundred and seventy, as stated in the report of the board of engineers of the War Department, dated February seventh, eighteen hundred and 1870, ch. 176 (16 seventy-one are hereby approved; and said bridge as constructed is Stat. L., 173). hereby declared to be a lawful structure, and an established post-route R. S., vol. 2, Post- for the mail of the United States. [June 23, 1874.]
Roads, p. 1.
June 23, 1874.
18 Stat. L., 275.
Work on public buildings may be suspended by Sec
AN ACT TO AUTHORIZE THE SECRETARY OF THE TREASURY TO SUSPEND WORK UPON
1. Work on public buildings may be suspended
Unexpended balances available until comple-
-to be covered into Treasury after comple-
Be it enacted, &c.
2. Selection of sites for public buildings. -commissioners for, to file certain affidavits before expenditure of money; and on failure selection void.
[SECTION 1], That the Secretary of the Treasury be, and he is hereby, authorized and directed to defer operations on any public buildings that retary of Treasury. are authorized by existing laws but not actually commenced, or to proceed with the same, as may, in his opinion, be for the best interests of the public service:
Unexpended balances available until completion.
to be covered
into Treasury after completion.
Selection of sites
Provided, That all moneys heretofore appropriated for the construction of public buildings and now remaining to the credit of the same on the books of the Treasury Department, or which may hereafter be appropriated for such buildings, shall remain available until the completion of the work for which they are, or may be, appropriated;
And upon the final completion of each or any of said buildings, and the payment of all outstanding liabilities therefor, the balance or balances remaining shall be immediately covered into the Treasury.
SEC. 2. That in the selection of a site for any public building not yet for public build- commenced, reference shall be had to the interest and convenience of ings. the public, as well as to the best interests of the Government; and the R. S., § 3734. 1875, March 3, Secretary of the Treasury shall have power, and it shall be his duty, to ch. 130, § 1, par. 14. set aside any selection which in his opinion has not been made solely with reference thereto.
commissioners No expenditure shall be made upon any building, a site for which has for, to file certain been selected, and work upon which has not been commenced, until affidavits before such of the persons who acted as commissioners in selecting such site expenditure of money, and on fail- shall make and file with the Secretary of the Treasury an oath or affirure selection void. mation that he is not at the time of making the affidavit, and was not
at the date of making the selection of such site, directly or indirectly interested in the property selected for the same, and a similar affidavit shall be made and filed by each and every person hereafter appointed as such commissioner, before any site shall be finally adopted. In either case a failure on the part of any commissioner to make and file such an affidavit shall render the selection void. [June 23, 1874.]