Page:United States Statutes at Large Volume 26.djvu/148

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94 FIFTYJFIRST CONGRESS. Sess. I. Ch. 182. 1890. and in accordance with the laws of such tribe or nation, and such Validity, enfmeo- contracts shall be deemed valid and enforced b such courts; and in "‘""·°“" all cases over whiclraidjurisdiction is conferred by this act or may 1-i¤¤*¤¤¤¤· · hereafter be conferr by act of Congress; and the provisions of this s act hereinafter set forth shall apply to said Indian erritory only. we-msczccun. Sm. 30 That for the purpose of holding terms of said court, said Jgme d*'*¤*¤¤= <¤’°· Indian Territory is here y ivided into three divisions, to be known r·1ism1vm¤¤;c¤m- as the first, second, and t ird division. The iirst division shall con- ’°““‘°”· sist of the country occupied by the Indian tribes in the Quapaw Indian Agency an all t at part of the Cherokee country east of the ninety- ixth meridian and all of the Creek country; and the g__*::jg¤:;',_,°u_ place for holding said court therein shall be at Muskogee. The compesxuou. ’ second division shall consist of the Choctaw count , and the place S¤¤*r M¤A1*¤¤¤r- for holding said court therein shall be at South lUcAlister. The w'·;,¥{§f,‘§,f’*'*‘*°”* °°'”‘ third division shall consist of the Chickasaw and Seminole countries, Amvnvn. and the place for holding said court therein shall be at Ardmore. That the Attorney-General of the United States may, if in his judg- Asumnnewmey. ment it shall be necessary, appoint an assistant attorney for said www °l¤¤*¤· court. And the clerk of said court shall appoint a deputy clerk in each of said divisions in which said clerk does not himself reside at ifhedplaceinsuch division where the terms of said court are to be Power; mum hel Such deputy clerk shall keep his office and reside at the place appointed for holding said court in the division of such residence, an shall keep the records of said court for such division, and in the _ absence of the clerk may exercise all the official powers of the clerk A"°""°· within the division for which he is a pointed: Provided, That the t, °}.l,',‘°,,,_°°° mointment of such deputies shall he approved by said United •*°- tes court in the Indian Temmmd may be annulled by said cout at its pleasure, and the clerk s be responsible for the odicial Judge- acts and negligence of his respective deputies. The judge of said 'l‘¤¤¤• M ·=¤¤¤. court shall o d at least two terms of said court each year in each of the divisions aforesaid, at such regular times as said judge shall mrnvuvngupuea. fix and determine, and shall be paid his actual travelingcexpenses ' and subsistence while attending and holding court at p es other ·l“’°'°· than Muscogee. And jurors for each term of said court, in each division, shall be selected and summoned in the manner provided in ·¥¤*‘.v¢°¤¤¤¤*¤¤*¤¤¤¤¤- said act, three jury commissioners to be selected by said court for each division, who shall possess all the cpialitications and perform in v¤1.¤¤,pp.vs¢,m. said division all the duties required of the jury commissioners pro- Prosecutions vided for in said act. All (prosecutions for crimes or offenses hereafter committed in said In ian Territory shall be cognizable within the division in which such crime or offense shall have been commit- °*'¤'““'— ted. And all civil suits shall be brought in the division in which the defendant or defendants reside or may be found; but if there be two or more defendants residing in different divisions, the action may be brought in any division in which either of the defendants "¤·¤¤‘*•*>¤¤·•°¤- resides or may be found. And all cases shall be tried in the division in which the process is returnable as herein provided, unless said _ judge shall direct such case to be removed to one of the other divis-

  • "‘{””°·, f In ions: Provided, however, That the judicial tribunals of the Indian

.u{,,;¤.;;,;.§;°{',;p§°¤.,;.[ nations shall retain exclusive juris iction in all civil and criminal cases arising in the countr in which members of the nation by na- Um“***°¤· tivity or by adoption shall, be the only parties; and as to all such cases the laws of the State of Arkansas extended over and put in force in said Indian Territory by this act shall not aplply. 1-¤w¤ vt Mmm Sec. 31. That certain general laws of the State of Ar ansas in force m°°°°”h°°u° at the close of the session of the general assembly of that State of eighteen hundred and eighty-three, as published in eighteen hundred and eighty-four in the volume known as Mans6eld’s Digest of the Statutes of Arkansas, which are not locally inapplicable or in conilict with this act or with any law of Congress, re ating to the subjects