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diction 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.
TO HAVE POWERS OF OREGON JUSTICES OF PEACE. Such commissioners shall exercise all the duties and powers, civil and criminal, now conferred on justices of the peace under the general 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.
AND PROBATE JURISDICTION, SEAL, &c. 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 authen. tication of their official acts.
MAY GRANT WRITS OF HABEAS CORPUS; PROCEEDINGS. They shall also have power to grant writs of babeas
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.
TO HAVE POWERS OF NOTARY PUBLIC. Said commissioners shall also have the powers of notaries public, and shall keep a record of all deeds and other instruments of writing acknowledged before them and relating to the title to or transfer of property within said district, which record shall be subject to public inspection.
ACCOUNTS. 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.
GOVERNOR TO INVESTIGATE OPERATIONS OF ALASKA SEAL AND FUR CO. The governor appointed under the provisions of this act shall, from 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.
MARSHAL'S POWERS. 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.
TO EXECUTE PROCESS, &c. 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.
TO APPOINT 4. DEPUTIES; LOCATION AND DU. TIES. R. S., Sec. 788. 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.
LAWS OF OREGON ADOPTED. 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.
IMPRISONMENT. And the sentence of imprisonment in any criminal case shall be carried out by confinement in the jail or penitentiary hereinafter provided for.
DISTRICT COURT, EXCLUSIVE JURISDICTION, WHAT. But the said district court shall have exclusive jurisdiction in all 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.
CIVIL CASES. 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 COMMISSIONERS, WHEN TO LIE. And an appeal shall lie in any case, civil or criminal, from the judgment of said commissioners to the said district court where the 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 IN CRIMINAL CASES FROM CIRCUIT COURT OF OREGON. Writs of error in crim. inal cases shall issue to the said district court from the United States Circuit Court for the district of Oregon in the cases provided in chapter one hundred and seventy-six (2) of the laws of eighteen hundred and seventy-nine; and the jurisdiction thereby conferred upon circuit courts is hereby given to the circuit court of Oregon.
FINAL JUDGMENT REVIEWED BY SUPREME COURT U. S. And the final judgments or decrees of said circuit and district court may be reviewed by the Supreme Court of the United States as in other cases (3).
LAND DISTRICT, WITH OFFICE AT SITKA. Sec. 8. That the said district of Alaska is hereby created a land district, and a United States land office for said district is hereby located at Sitka.
REGISTER AND SURVEYOR-GENERAL. The commissioner provided for by this act to reside at Sitka shall be ex officio register of said land office, and the clerk provided for by this act shall be ex officio receiver of public moneys, and the marshal provided for by this act shall be ex officio surveyorgeneral of said district.
MINING LAWS TO APPLY. And the laws of the United States relating to mining claims, and the rights inci. dent thereto, shall, from and after the passage of this act, be in full force and effect in said district, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved by the President.
PERSONS IN POSSESSION OF LANDS NOT TO BE DISTURBED, &c. Provided, That the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or 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.
MINING LOCATORS MAY PERFECT CLAIMS. And Provided further, That parties who have located mines or min. eral privileges therein under the laws of the United States applicable to the public domain, or who have occupied and im
proved 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.
MISSIONARY STATIONS CONFIRMED. 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.
GENERAL LAND LAWS NOT TO APPLY. But nothing contained in this act shall be construed to put in force in said district the general land laws of the United States.
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 four years, and until their successors are appointed and qualified.
FEES. They shall severally receive the fees of office established by law for 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.
SALARIES. 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.
TRAVELING EXPENSES. The district judge, marshal, and District Attorney shall be paid their actual, necessary expenses when traveling in the discharge of their official duties.
ACCOUNTS. A detailed account shall be rendered of such
expenses under oath and as to the marshal and district attorney such account shall be approved by the judge, and as to his expenses by the Attorney-General.
FEES OF COMMISSIONERS. The commissioners shall receive the usual fees of United States commissioners and of justices of the peace for Oregon, and such fees for recording instruments as are allowed by the laws of Oregon for similar services, and in addition a salary of one thousand dollars each.
SALARY OF DEPUTY MARSHALS. The deputy mar shals, in addition to the usual fees of constables in Oregon, shall receive each a salary of seven hundred and fifty dollars, which salaries shall also be payable quarterly out of the Treasury of the United States.
OATH OF OFFICE. NO LEGISLATURE OR DELEGATE TO CONGRESS. Each of said officials shall, before entering on the duties of his office, take and subscribe an oath that he will faithfully execute the same, which said oath may be taken before the judge of said district or any United States district or circuit judge. That all officers appointed for said district, before entering upon the duties of their offices, shall take the oaths required by law and the laws of the United States, not locally inapplicable to said district and not inconsistent with the provisions of this act are hereby extended thereto; but there shall be no legislative assembly in said district, nor shall any Delegate be sent to Congress therefrom.
BOND OF CLERK. And the said clerk shall execute a bond, with sufficient sureties, in the penalty of ten thousand dollars, for the faithful performance of his duties, and file the same with the Secretary of the Treasury before entering on the duties of his office.
OF COMMISSIONERS. And the commissioners shall each execute a bond, with sufficient sureties, in the penalty of three thousand dollars, for the faithful performance of thair duties, and file the same with the clerk before entering on the duties of their office.
PUBLIC BUILDINGS. Sec. 10. That any of the public buildings in said district not required for the customs service or military purposes shall be used for court rooms and offices of the civil government; and the Secretary of the Treasury is hereby directed to instruct and authorize the custodian of said