Jurisdiction

SEC. 1867. No justices of the peace in any territory of justices of shall have jurisdiction of any case in which the title to Ibid. land, or the boundary thereof, in anywise comes in question.

the peace.

Chancery and common law jurisdiction. Ibid.

risdiction of supreme court.

Ibid.

SEC. 1868. The supreme court and the district courts respectively, of every territory, shall possess chancery as well as common law jurisdiction.

SEC. 1869. Writs of error, bills of exception, and apAppellate ju peals shall be allowed, in all cases, from the final decisions of the district courts to the supreme court of all the territories, respectively, under such regulation as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in that

Clerk of su

preme court.

court.

SEC. 1870. The supreme court of each territory shall Mont., 26 May, appoint its own clerk, who shall hold his office at the pleasure of the court for which he is appointed.

1864.

trict court. Ibid.

SEC. 1871. Each judge of the supreme court of the respective territories shall designate and appoint one

Clerk of dis- person as clerk of the district over which he presides, where one is not already appointed, and shall designate and retain but one such clerk where more than one is already appointed, and only such district clerk shall be entitled to a compensation from the United States.

Register in

dence and

chancery; resi- SEC. 1872. Every district clerk shall be also the register in chancery, and shall reside and keep his office at the place where the court is held.

office. Ibid.

tricts; how defined.

SEC. 1873. Temporarily, and until otherwise provided by law, the governor of every territory which may be Judicial dis- hereafter established, shall define, by proclamnation, the judicial districts of such territory, and assign the judges appointed for such territory to the several districts, as well as fix the times and places for holding courts in the respective counties or sub-divisions of each judicial district.

Ibid.

SEC. 1874. The judges of the supreme court of each territory are authorized to hold court within their respective districts, in the counties wherein, by the laws of

hear certain

Ibid.

the territory, courts have been or may be established, Judges of sufor the purpose of hearing and determining all matters preme court to and causes, except those in which the United States is a causes. party; but the expense of holding such courts shall be paid by the territory, or by the counties in which the courts are held, and the United States shall in no case be chargeable therewith.

SEC. 1875. There shall be appointed in each territory a person learned in the law to act as attorney for the United States. He shall continue in office for four years, and until his successor is appointed and qualified, unless sooner removed by the president.

District attor

neys.

Ibid.

SEC. 1876. There shall be appointed a marshal for each territory. He shall execute all process issuing from the territorial courts when exercising their jurisdiction as circuit and district courts of the United States. He Marshals. shall have the power and perform the duties, and be sub- Ibid. ject to the regulations and penalties imposed by law on the marshals for the several judicial districts of the United States. He shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the president.

Appointment

SEC. 1877. The governor, secretary, chief justice, and associate justices, attorney, and marshal of every terri- of governor, tory shall be nominated and, by and with the advice and consent of the senate, appointed by the president.

SEC. 1878. The governor and secretary for each territory shall, before they act as such, respectively take an oath before the district judge, or some justice of the peace in the limits of the territory for which they are appointed, duly authorized to administer oaths by the laws. in force therein, or before the chief justice or some asso

&c.

Ibid.

ciate justice of the supreme court of the United States, Oath of office;

to support the constitution of the United States and faith-how qualified. fully to discharge the duties of their respective offices; Ibid. and such oaths shall be certified by the person before whom the same are 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 appointed for any territory, before they act as such, shall take a like oath.

to be paid, &c.

before the governor or secretary, or some judge or justice of the peace of the territory who may be duly commissioned and qualified, and such oath shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as above directed; but after the first qualification of the officers herein specified in the case of a new territory, as well as in all organized territories, the like oath shall be taken, certified, and recorded in such manner and form as may be prescribed by the law of each territory.

SEC. 1879. The annual salary of the chief justice and associate justices of all the territories now organized shall be three thousand dollars each.

SEC. 1880. The salary of the attorney of the United States for each territory shall be at the rate of two hundred and fifty dollars annually.

SEC. 1881. The salary of the marshal of the United States for each territory shall be at the rate of two hundred dollars a year.

SEC. 1882. The salaries provided for in this title, to When salaries be paid to the governor, secretary, chief justices, and associate justices, district attorney, and marshal of the several territories, shall be paid quarter-yearly at the treasury of the Untied States.

Ibid.

Fees of clerks,

&c.

SEC. 1883. The fees and costs to be allowed to the United States attorneys and marshals, to the clerks of the supreme and district courts, and to jurors, witnesses, commissioners, and printers in the territories of the Uni23 June, 1874. ted States shall be the same for similar services by such persons as prescribed in chapter 16, title "THE JUDICIARY," and no other compensation shall be taxed or allowed.

Salary not to

officer is

sent.

a0

Mont., 26 May,

SEC. 1884. When any officer of a territory is absent be paid when therefrom, and from the duties of his office, no salary shall be paid him during the year in which such absence occurs, unless good cause therefor be shown to the president, who shall officially certify his opinion of such cause to the proper accounting officer of the treasury, to be filed in his office.

1864.

SEC. 1885. The legislative assembly of every territory hereafter organized shall hold its first session at such time and place in the territory as the governor thereof shall appoint and direct; and at the first session of the legislative assembly, or as soon thereafter as it may be deemed expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for the territory at such place as they may think proper; but such place shall thereafter be subject to be changed by the governor and legislative assembly.

the territories;

unless a p

Mont., 26 May,

SEC. 1886. All accounts for disbursements in the territories of the United States, of money appropriated by congress for the support of government therein, shall be settled and adjusted at the treasury department; and no Accounts of act, resolution, or order of the legislature of any terri- no payments tory, directing the expenditure of the sum, shall be proved by condeemed a sufficient authority for such disbursement, but t sufficient vouchers and proof for the same shall be required by the accounting officers of the treasury. No payment shall be made or allowed, unless the secretary of the treasury has estimated therefor and the object been approved by congress. No session of the legislature of a territory shall be held until the appropriation for its expenses has been made.

1864.

Limitation on

SEC. 1888. No legislative assembly of a territory expenses of shall, in any instance or under any pretext, exceed the legislature, amount appropriated by congress for its annual expenses, 1864.

Mont., 26 May,

not to grant

SEC. 1889. The legislative assemblies of the several territories shall not grant private charters or especial Legislatures privileges, but they may, by general incorporation acts, special charpermit.persons to associate themselves together as bodies ters. 2 March, 1867. corporate for mining, manufacturing, and other industrial 10 June, 1872. pursuits, or the construction or operation of railroads, wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable, or scientific association.

SEC. 1890. No corporation or association for religious or charitable purposes shall acquire or hold real estate in any territory, during the existence of the territorial

Limitation on

gious corpora

government, of a greater value than fifty thousand dollars; right of reli- and all real estate acquired or held by such corporation tions to hold or association contrary hereto shall be forfeited and esMont., 26 May cheat to the United States; but existing vested rights in real estate shall not be impaired by the provisions of this section.

real estate.

1864.

Constitution

SEC. 1891. The constitution and all laws of the United and laws of the States which are not locally inapplicable shall have the

United States

made applica

ble to all the same force and effect within all the organized territories, territories. and in every territory hereafter organized, as elsewhere within the United States.

Mont., 26 May, 1864.

SEC. 1892. Any penitentiary which has been, or may hereafter be, erected by the United States in an organized territory shall, when the same is ready for the reception Penitentia- of convicts, be placed under the care and control of the 10 Jan., 1871. marshal of the United States for the territory or district in which such penitentiary is situated, except as otherwise provided in the case of the penitentiaries in Montana, Idaho, Wyoming, and Colorado.

ries.

their

ment.

govern

SEC. 1893. The attorney general of the United States shall prescribe all needful rules and regulations for the Rules for government of such penitentiary, and the marshal having charge thereof shall cause them to be duly and faithfully executed and obeyed, and the reasonable compensation of the marshal and of his deputies for their services under such regulations shall be fixed by the attorney general.

10 Jan., 1871.

Payment of

SEC. 1894. The compensation, as well as the expense incident to the subsistence and employment of offenders marshal, &c., against the laws of the United States, who have been, or penses of sub-may hereafter be, sentenced to imprisonment in such sistence, &c., of penitentiary, shall be chargeable on, and payable out of,

and of ex

offenders.

Ibid.

the fund for defraying the expenses of suits in which the United States are concerned, and of prosecutions for offenses committed against the United States; but nothing herein shall be construed to increase the maximum compensation now allowed by law to those officers.

SEC. 1895. Any person convicted by a court of competent jurisdiction in a territory, for a violation of the laws thereof, and sentenced to imprisonment, may, at