CHAP. 52.—An act to prevent and punish the counterfeiting within the United States of notes, bonds, or other securities of foreign Governments. May 16, 1884. ments, how pun 23 Stat. L., 22. Be it enacted, &c., That every person who, within the United Counterfeiting States or any Territory thereof, with intent to defraud, falsely notes, bonds, &c, makes, alters, forges, or counterfeits any bond, certificate, obliga- of foreign governtion, or other security in imitation of, or purporting to be an imita- ished." tion of, any bond, certificate, obligation, or other security of any R. S., § 5431. foreign Government, issued or put forth under the authority of such 1891, Feb. 10, foreign Government, or any treasury note, bill, or promise to pay post, pp. 890. ch. 127, SS 2-5, issued by such foreign Government, and intended to circulate as money, either by law, 'order, or decree of such foreign Government, and any person who causes or procures to be so falsely made, altered. forged, or counterfeited, or who knowingly aids or assists in making, altering, forging, or counterfeiting, any such bond, certificate, obligation, or other security, or any such treasury note, bill, or promise to pay, intended as aforesaid to circulate as money, shall, upon conviction thereof in any circuit or district court of the United States, be punished by a fine of not more than five thousand dollars and by imprisonment at hard labor not more than five years. Passing such SEC 2. That every person who knowingly, and with intent to defraud, utters, passes, or puts off, in payment or negotiation, within forged bonds, &c. the United States or any Territory thereof, any such false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, or promise to pay, as mentioned in the first section of this act, whether the same was made, altered, forged, or counterfeited within the United States or not, shall, upon conviction as aforesaid, be punished by a fine of not more than three thousand dollars and by imprisonment at hard labor not more than three years. Counterfeiting SEC. 3. That every person who shall, with intent to defraud, falsely, within the United States or any Territory thereof, make, notes of banks of alter, forge, or counterfeit, or shall cause or procure to be so made, foreign countries. altered, forged, or counterfeited, or shall knowingly aid and assist in the false making, altering, forging, or counterfeiting, of any bank note or bill issued by a bank or other corporation of any foreign country, and intended by the law or usage of such foreign country to circulate as money, such bank or corporation being authorized by the laws of such country shall, upon conviction in any circuit or district court of the United States, be punished by a fine not exceeding two thousand dollars, and by imprisonment at hard labor not more than two years. Passing such counterfeit bank SEC. 4. That every person who shall, within the United States or any Territory thereof, utter, pass, put off, or tender in payment, notes, &c. with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill, as mentioned in the preceding section, knowing the same to be so false, forged, altered, and counterfeited, whether the same was made, altered, forged, and counterfeited within the United States or not, shall, upon conviction as aforesaid, be punished by a fine of not more than one thousand dollars and by im prisonment at hard labor not more than one year. SEC. 5. That every person who, within the United States or any Having such Territory thereof, shall have in his possession any such false, forged, forged bonds, or counterfeit bond, certificate, obligation, security, treasury note, notes, &c., in posbill, promise to pay, bank note, or bill issued by a bank or other session. corporation of any foreign country, with intent to utter, pass, or put off the same, or to deliver the same to any other person with intent that the same may thereafter be uttered, passed, or put off as true, or who shall knowingly deliver the same to any other person with such intent, shall, upon conviction as aforesaid, be punished by a fine of not more than one thousand dollars and by imprisonment at hard labor not more than one year. SEC. 6. That every person who, within the United States or any Having unlawTerritory thereof, having control, custody, or possession of any plate, fully in possession engraving or us or any part thereof, from which has been printed or may be printed ing plates for such any counterfeit note, bond, obligation, or other security, in whole or bonds, notes, &c. in part, of any foreign Government, bank, or corporation, except by lawful authority, or who uses such plate, or knowingly permits or suffers the same to be used, in counterfeiting such foreign obligations, or any part thereof, and every person who engraves, or Printing, &c., causes or procures to be engraved, or assists in engraving, any plate from such plates. in the likeness or similitude of any plate designed for the printing of the genuine issues of the obligations of any foreign Government, bank, or corporation, and every person who prints, photographs, or in any other manner makes, executes, or sells, or causes to be printed, photographed, made, executed, or sold, or aids in printing, photographing, making, executing, or selling any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign Government, bank, or corporation, or who brings into the United States or any Territory thereof any counterfeit plate, engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign Government, bank, or corporation, shall be punished by a fine of not more than five thousand dollars, or by imprisonment at hard labor not more than five years, or both. [May 16, 1884.] May 17, 1884. 23 Stat. L., 24. Alaska. A civil trict. CHAP. 53.—An act providing a civil government for Alaska (1). Be it enacted, &c., That the territory ceded to the United States and judicial dis- by Russia by the treaty of March thirtieth, eighteen hundred and R. S., SS 1954 sixty-seven and known as Alaska, shall constitute a civil and judicial 1976. Treaty, 15 district, the government of which shall be organized and adminStat. L., 240. istered as hereinafter provided. 19 Opins., 700. Seat of government at Sitka. Governor to be appointed. -powers and duties. -may grant reprieves. -to be com of militia. The temporary seat of government of said district is hereby established at Sitka. SEC. 2. That there shall be appointed for the said district a governor, who shall reside therein during his term of office and be charged with the interests of the United States Government that may arise within said district. To the end aforesaid he shall have authority to see that the laws enacted for said district are enforced, and to require the faithful discharge of their duties by the officials appointed to administer the same. He may also grant reprieves for offenses committed against the laws of the district or of the United States until the decision of the President thereon shall be made known. He shall be ex officio commander-in-chief of the militia of said mander-in-chief district, and shall have power to call out the same when necessary to the due execution of the laws and to preserve the peace, and to cause all able-bodied citizens of the United States in said district to enroll and serve as such when the public exigency demands; And he shall perform generally in and over said district such acts as pertain to the office of governor of a territory, so far as the same may be made or become applicable thereto. He shall make an annual report, on the first day of October in each year, to the President of the United States, of his official acts and doings, and of the condition of said district, with reference to NOTE. (1) For other laws subsequent to the date of the Revised Statutes, relating specially to Alaska see 1874, March 24, ch. 64, ante, p. 6, to prevent extermination of fur-bearing seals; 1889, March 1, ch. 319, § 17, post, pp. 657, 658, and 1890, March 19, Res. No. 12, post, p. 883, making special provisions as to census in Alaska; 1889, March 2, ch. 415, post, p. 701, providing for the protection of the salmon fisheries, and declaring the construction of Rev. Stat., § 1956; 1891, March 3, ch. 552, post, p. 937, establishing ports of delivery; 1891, March 3, ch. 561, §§ 11-15, post, pp. 944, 945, providing for the disposition and reservation of the public lands in Alaska. its resources, industries, population, and the administration of the civil government thereof. re And the President of the United States shall have power to review subject to and to confirm or annul any reprieves granted or other acts done by view by President. him. SEC. 3. That there shall be, and hereby is, established a district. District court: court for said district, with the civil and criminal jurisdiction of jurisdiction. district courts of the United States, and the civil and criminal juris- 629-649. diction of district courts of the United States exercising the jurisdiction of circuit courts, and such other jurisdiction, not inconsistent with this act, as may be established by law; And a district judge shall be appointed for said district, who shall during his term of office reside therein and hold at least two terms of said court therein in each year, one at Sitka, beginning on the first Monday in May, and the other at Wrangel, beginning on the first Monday in November. He is also authorized and directed to hold such special sessions as may be necessary for the dispatch of the business of said court, at such times and places in said district as he may deem expedient, and may adjourn such special session to any other time previous to a regular session. He shall have authority to employ interpreters, and to make allowances for the necessary expenses of his court. of Judge and terms court. 22 C. Cls., 317. 141 U. S., 174. Special sessions. Expenses of court. Clerk, district marshal. SEC. 4. That a clerk shall be appointed for said court, who shall be ex officio secretary and treasurer of said district, a district attor- attorney, and ney, and a marshal, all of whom shall during their terms of office reside therein. The clerk shall record and preserve copies of all the laws, proceedings, and official acts applicable to said district. He shall also receive all moneys collected from fines, forfeitures, or in any other manner except from violations of the custom laws, and shall apply the same to the incidental expenses of the said district court and the allowances thereof, as directed by the judge of said court, and shall account for the same in detail, and for any balances on account thereof, quarterly, to and under the direction of the Secretary of the Treasury. Clerk's duties. accounts. He shall be ex officio recorder of deeds and mortgages and certifi- to be recorder cates of location of mining claims and other contracts relating to of deeds, &c. real estate and register of wills for said district, and shall establish secure offices in the towns of Sitka and Wrangel, in said district, for the safekeeping of all his official records, and of records concerning the reformation and establishment of the present status of titles to lands, as hereinafter directed: established. Provided, That the district court hereby created may direct, if it Separate recordshall deem it expedient, the establishment of separate offices at the ing offices may be settlements of Wrangel, Oonalashka, and Juneau City, respectively, for the recording of such instruments as may pertain to the several natural divisions of said district most convenient to said settlements, the limits of which shall, in the event of such direction, be defined by said court; and said offices shall be in charge of the commissioners respectively as hereinafter provided. SEC. 5. That there shall be appointed by the President four commissioners in and for the said district who shall have the jurisdiction and powers of commissioners of the United States circuit courts in any part of said district, but who shall reside, one at Sitka, one at Wrangel, one at Oonalashka, and one at Juneau City. Such commissioners shall exercise all the duties and powers, civil and criminal, now conferred on justices of the peace under the eral laws of the State of Oregon, so far as the same may be applicable in said district, and may not be in conflict with this act or the laws of the United States. gen Commissioners, 4, to be appointed. R. S., § 627, 1014. to have powers of Oregon justices of peace. -and probate jurisdiction, seal, &c. -may grant writs of habeas corpus; -proceedings. R. S., §§ 751, 752. to have powers of notaries public. R. S., § 1778. They shall also have jurisdiction, subject to the supervision of the district judge, in all testamentary and probate matters, and for this purpose their courts shall be opened at stated terms and be courts of record, and be provided with a seal for the authentication of their official acts. They shall also have power to grant writs of habeas corpus for the purpose of inquiring into the cause of restraint of liberty, which writs shall be made returnable before the said district judge for said district; and like proceedings shall be had thereon as if the same had been granted by said judge under the general laws of the United States in such cases. Said commissioners shall also have the powers of notaries public, and shall keep a record of all deeds and other instruments of writing 1876, Aug. 15, acknowledged before them and relating to the title to or transfer of ch. 304, ante, p. property within said district, which record shall be subject to public inspection. 123. - accounts. Governor to in tions of Alaska Said commissioners shall also keep a record of all fines and forfeitures received by them, and shall pay over the same quarterly to the clerk of said district court. The governor appointed under the provisions of this act shall, from vestigate opera- time to time, inquire into the operations of the Alaska Seal and Fur Company, and shall annually report to Congress the result of such inquiries and any and all violations by said company of the agreement existing between the United States and said company. Seal and Fur Co. Marshal's pow ers. R. S., §§ 776, 787, 788. to execute process, &c. -to appoint 4 de- Laws of Oregon adopted. 29 Fed. Rep., 689. Imprisonment. District Court, SEC. 6. That the marshal for said district shall have the general authority and powers of the United States marshals of the States and Territories. He shall be the executive officer of said court, and charged with the execution of all process of said court and with the transportation and custody of prisoners, and he shall be ex officio keeper of the jail or penitentiary of said district. He shall appoint four deputies, who shall reside severally at the towns of Sitka, Wrangel, Oonalashka, and Juneau City, and they shall respectively be ex officio constables and executive officers of the commissioners' courts herein provided, and shall have the powers and discharge the duties of United States deputy marshals, and those of constables under the laws of the State of Oregon now in force. SEC. 7. That the general laws of the State of Oregon now in force are hereby declared to be the law in said district, so far as the same may be applicable and not in conflict with the provisions of this act or the laws of the United States; And the sentence of imprisonment in any criminal case shall be carried out by confinement in the jail or penitentiary hereinafter provided for. But the said district court shall have exclusive jurisdiction in all exclusive jurisdic- cases in equity or those involving a question of title to land, or mining rights, or the constitutionality of a law, and in all criminal offenses which are capital. tion, what. Civil cases. when to lie. In all civil cases, at common law, any issue of fact shall be determined by a jury, at the instance of either party; Appeal from And an appeal shall lie in any case, civil or criminal, from the commissioners, judgment of said commissioners to the said district court where the 30 Fed. Rep.,113. amount involved in any civil case is two hundred dollars or more, and in any criminal case where a fine of more than one hundred dollars or imprisonment is imposed, upon the filing of a sufficient appeal bond by the party appealing, to be approved by the court or commissioner. Writs of error Writs of error in criminal cases shall issue to the said district in criminal cases court from the United States circuit court for the district of Oregon from circuit court of Oregon. in the cases provided in chapter one hundred and seventy-six (2) of the 1879, March 3, laws of eighteen hundred and seventy-nine; and the jurisdiction ch. 176 (20 Stat. thereby conferred upon circuit courts is hereby given to the circuit court of Oregon. L., 354). 27 Fed. Rep.,351. Final judgment And the final judgments or decrees of said circuit and district court may be reviewed by the Supreme Court of the United States reviewed by Supreme Court U. S. as in other cases (3). with office at Sit SEC. 8. That the said district of Alaska is hereby created a land Land district, district, and a United States land-office for said district is hereby ka located at Sitka. The commissioner provided for by this act to reside at Sitka shall Register and be ex officio register of said land office, and the clerk provided for surveyor-general. R. S., SS 2232, by this act shall be ex officio receiver of public moneys, and the mar- 2252. shal provided for by this act shall be ex officio surveyor-general of R. S., §§ 2318said district 2352. Mining laws to apply. Persons in pos And the laws of the United States relating to mining claims, and the rights incident thereto, shall, from and after the passage of this 1891, March 3, act, be in full force and effect in said district, under the administra- ch. 561, §§ 11-15, tion thereof herein provided for, subject to such regulations as may post, p. 944. be made by the Secretary of the Interior, approved by the President: Provided, That the Indians or other persons in said district shall session of lands not be disturbed in the possession of any lands actually in their use not to be disor occupation or now claimed by them but the terms under which such persons may acquire title to such lands is reserved for future. legislation by Congress: turbed, &c. Mining locators perfect claims. And provided further, That parties who have located mines or mineral privileges therein under the laws of the United States appli- may cable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid: And provided also, That the land not exceeding six hundred and forty acres at any station now occupied as missionary stations among the Indian tribes in said section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which said missionary stations respectively belong until action by Congress. But nothing contained in this act shall be construed to put in force in said district the general land laws of the United States. Missionary sta tions confirmed. General land laws not to apply. Officers-their appointments. SEC. 9. That the governor, attorney, judge, marshal, clerk, and commissioners provided for in this act shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall hold their respective offices for the term of -term of office. four years, and until their successors are appointed and qualified. R. S.,SS 823-857. They shall severally receive the fees of office established by law for -fees. the several offices the duties of which have been hereby conferred upon them, as the same are determined and allowed in respect of similar offices under the laws of the United States, which fees shall be reported to the Attorney-General and paid into the Treasury of the United States. They shall receive respectively the following annual salaries. The governor, the sum of three thousand dollars; the attorney, the sum of two thousand five hundred dollars; the marshal, the sum of two thousand five hundred dollars; the judge, the sum of three thousand dollars; and the clerk, the sum of two thousand five hundred dollars, payable to them quarterly from the Treasury of the United States. NOTES. (2) The act of 1879, March 3, ch. 176 (20 Stat. L., 354), "to give circuit courts appellate jurisdiction in certain criminal cases," here referred to, is omitted from this volume, as repealed by the provision of 1891, March 3, ch. 517, § 4, post, p. 903, "that no appeal, whether by writ of error or otherwise, shall hereafter be taken or allowed from any district court to the existing circuit courts, and no appellate jurisdiction shall hereafter be exercised or allowed by said existing circuit courts." (3) In accordance with the provisions of 1891, March 3, ch. 517, § 15, post, p. 905, Alaska has been assigned to the Ninth Judicial Circuit. 129 U. S. 707. -salaries. |