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SESSION LAWS OF CONGRESS

Relating to Governmentin Montana.

ENACTED SUBSEQUENT TO THE REVISION,

Preamble.

FORTY-THIRD CONGRESS. SESSION I. CHAPTER 80 -An act concerning the practice in territorial courts, and appeals therefrom

WHEREAS, by the organic acts establishing several of the territories of the United States, it is provided that certain courts thereof shall have common law and chancery jurisdiction, and doubts having been entertained whether said jurisdictions must be exercised separately, or whether they may be exercised together in the same proceeding, and whether the codes and rules of practice adopted in said territories which have authorized a mingling of said jurisdictions in the same proceeding, or a uniform course of proceeding in all cases, legal and equitable, are repugnant to the said organic acts respectively: therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that it shall not be necessary in any of the courts of the several territories of the United States to exercise separately the common law and chancery jurisdictions vested

in said courts; and that the several codes and rules of and chancery practice adopted in said territories respectively, in so far jurisdiction of territorial as they authorize a mingling of said jurisdictions, or a

uniform course of proceeding in all cases, whether legal or equitable, be confirmed; and that all proceedings here

tofore had or taken in said courts, in conformity with said Trial by jury, respective codes and rules of practice, so far as relates to

the form and mode of proceeding, be, and the same are hereby, validated and confirmed: Provided, that no party has been or shall be deprived of the right of trial by jury in cases cognizable at common law.

Common law

courts.

how exercised.

SEC. 2. That the appellate jurisdiction of the supreme court of the United States, over the judgments and decrees of said territorial courts in cases of trial by jury, shall be exercised by writ of error, and in all other cases

Appellate

jurisdiction of by appeal, according to such rules and regulations as to supreme court form and modes of proceeding as the said supreme court states has prescribed, or may hereafter prescribe: Provided, that on appeal, instead of the evidence at large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall be made and certified by the court below, and transmitted to the supreme court, together with the transcript of the on appeal. proceedings and judgment or decree; but no appellate proceedings in said supreme court, heretofore taken upon any such judgment or decree, shall be invalidated by reason of being instituted by writ of error or by appeal: And provided further, that the appellate may. make any order in any case heretofore appealed, which may

be necessary to save the rights of the parties; and that this act shall not apply to cases now pending in the supreme court of the United States where the record has already been filed.

Proceedings

Proviso.

Approved April 7, 1874.

IBID. CHAP. 332.-An act to amend the act entitled "an act transferring the control of certain territorial penitentiaries to the several territories in which the same are located," approved January twenty-fourth, eighteen hundred and seventy-three.

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, that the act entitled “an act transferring the control of certain territorial penitentiaries to the several territories Penitentiaries in which the same are located,” approved January twen-Idaho and Wy ty-fourth, eighteen hundred and seventy-three, be, and the same is hereby, amended by striking out the words Montana, Idaho, and Wyoming, wherever the same occur in said act, and the said act shall hereafter have no applicability to the territories of Montana, Idaho, and Wyoming

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ries.

SEC. 2.

That the penitentiaries in the territories of Montana, Idaho, and Wyoming shall continue under the care and control of the marshal of the United States for said territories, under and pursuant to the provisions of

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States marshals.

the act entitled “An act in relation to certain territorial To continue under control penitentiaries," approved January tenth, eighteen hundred of United

and seventy-one; which said last-mentioned act is hereby revived and re-enacted so far as the same applies to the territories of Montana, Idaho, and Wyoming.

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Preamble.

Approved June 20, 1874. FORTY-THIRD CONGRESS. SESSION II, CHAPTER 114. An act to protect all citizens in their civil and legal rights.

WHEREAS, it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the

people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law: therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that all persons within the jurisdiction of the United

States shall be entitled to the full and equal enjoyment Equal enjoy-of the accommodations, advantages, facilities, and priviment of nines leges of inns, public conveyances on land or water, theapublic conveyances, theatres, ters and other places of public amusement; subject only

to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.

SEC. 2. That any person who shall violate the foregoing section by denying to any citizen, except for rea

sons by law applicable to citizens of every race and Forfeit to person aggrieved color, and regardless of any previous condition of servi

enjoy! tude, the full enjoyment of any of the accommodations, ment of inns, advantages, facilities or privileges in said section enumer

ated, or by aiding or inciting such denial, shall, for every

such offense, forfeit and pay the sum of five hundred dolPunishment

lars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall

be imprisoned not less than thirty days nor more than Election of one year: Provided, that all persons may elect to sue for

the penalty aforesaid or to proceed under their rights at common law and by state statutes; and having so elected

by denial of equal

for denying, &c.

coveries.

to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But Effect of rethis proviso shall not apply to criminal proceedings, either under this act or the criminal law of any state : And provided further, that a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution, respectively.

Jurisdiction

under this act.

SEC. 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the several states, cognizance of all crimes and offenses of courts under against, and violations of, the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party; and the district attorneys, marshals, and deputy marshals of the United States, and commissioners appointed by the cir

Duty of discuit and territorial courts of the United States, with pow-trict

attorneys

, ers of arresting and imprisoning or bailing offenders commissioners against the laws of the United States, are hereby specially authorized and required to institute proceedings against every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United States, or territorial court, as by law has cog- Right of civil nizance of the offense, except in respect of the right of action not afaction accruing to the person aggrieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination as in other cases: Provided, that nothing contained in this section shall be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise ; and any district attorney who shall willfully fail to institute and prosecute the proceedings herein required shall, for every such offense, forfeit and pay the sum of five district hundred dollars to the person aggrieved thereby, to be quite to proserecovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars : And provided further, against district that a judgment for the penalty in favor of the party attorney. aggrieved against any such district attorney, or a judgment upon an indictment against any such district attorney, shall be a bar to either prosecution respectively.

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Sec. 4. That no citizen possessing all other qualifica

tions which are or may be prescribed by law shall be from service as disqualified for service as grand or petit juror in any juror. court of the United States, or of any state, on account of

race, color, or previous condition of servitude; and any officer or other person charged with any duty in the

selection or summoning of jurors who shall exclude or Penalty for fail to summon any citizen for the cause aforesaid shall, excluding, &c.

on conviction thereuf, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars.

supreme court.

Sec. 5. That all cases arising under the provisions of Re view in this act in the courts of the United States shall be re

viewable by the supreme court of the United States without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court.

Approved March 1, 1875.

Salaries of

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cers,

when to commence.

FORTY-FOURTH CONGRESS. SESSION I. CHAP. 88. Exterritorial offi- TRACT.

And hereafter payment of salaries of all officers of the territories of the United States appointed by the president, shall commence only when the

person appointed to any such office shall take the proper Oaths, where administered. oath, and shall enter upon the duties of such office in 1 May, 1876.

such territory; and said oath shall hereafter be administered in the territory in which such office is held.

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legislature.

IBID. CHAP. 287. EXTRACT. Territory of Montana: Sessions of*

Provided, that the next legislative assembly 15 Aug., 1876. shall convene at the seat of government of the territory

on the second Monday of January, eighteen hundred and seventy-seven, and biennially thereafter.

CHAP. 107.

FORTY-FOURTH CONGRESS. SESSION II.

Be it enacted by the Senate and House of Representatives Desert lands of the United States of America in Congress assembled, may be purchased. that it shall be lawful for any citizen of the United States,

or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such," and upon payment of twenty-five cents per acre-to file a declaration, under oath, with the register and receiver of the land district in which any desert

Declaration.

a

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