Page:United States Statutes at Large Volume 34 Part 1.djvu/314

284 FIFTY-NINTH CONGRESS. Sess. I. Ch. 3335. 1906. “{,‘:,“,f,*§,f,°,{{;,“°'°°“’°’ year in each of said circuit and district courts. The circuit and dis- ' trict courts for said districts, and the judges thereof, respectively, shall ~ possess the same powers and jurisdiction and perform the same duties re uired to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. The marshal, district attorney, and clerks of the circuit and district courts of said districts, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and r uired to be performed by similar officers in other districts of theelllnited States, and shall, for the services they may perform, receive the fees and compensation now allowed by law. to officers performing similar services for the United States in the Territories of Arizona and New Mexico, respectively. pe‘:*3fm;f;“p*;:,‘; mfg Sec. 38. That all cases of appeal or writ of error heretofore prosewas iifmm-. cuted and now nding in the Supreme Court of the United States upon any recordcfrom the supreme court of either of said Territories, or that may hereafter lawfull * be prosecuted upon any record from said courts, may be heard and, determined by said Supreme Court of the United States. And the mandate of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district courts, respectively, hereby established within the said State or to the supreme court of such State, as the nature of S“°°°“‘°“°’°°“"·‘· the case may re uire. And the circuit, district, and State courts herein named shgll, respectively, be the successors of the supreme courts of the said Territories as to all such cases arising within the · limits of embraced within the jurisdiction of such courts, respectively, U_ with full power to proceed with the same and award mesne or final P€*,§l,;E“c;,,,‘j_°°·- "‘ process therein; and that from all judgments and decrees of the _ supreme courts of the said Territories mentioned in this Act, in any case arising within the limits of the proposed State prior to admission, the parties to such judgment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the United States or to the circuit court of appeals as they shall have had by law prior to the admission of said State into the Union. ,,.;,';*,f‘_’j*g,{,‘j,Q,}‘°"‘**”¥ Sec. 39. That in respect to all cases, proceedings, and matters now pendin in the supreme or district courts of the said Territories at the time cfg the admission into the Union of the said State, and arising within the limits of such State, whereof the circuit or district courts by this Act established might have had jurisdiction under the laws of the United States had such courts existed at the time of the commence ’ ment of such cases, the said circuit and district courts, respectively, shall be the successors of said supreme and district courts of said Ter- °‘*‘°'°°·’°”· ritories, respectively; and in respect to all other cases, proceedings, and matters pending in the supreme or district courts of the said Territories at the time of the admission of such Territories into the Union, arising within the limits of said State, the courts established by such State shall, respectively, be the successors of said supreme and district Territoria courts; and all the files, records, indictments, and proceedings relating to any such cases shall be transferred to such _ circuit, district, and State courts, respectively, and the same shall u{;*'£,m*g,lf'°°‘*°"'“8” be proceeded with therein in due course of law; but no writ, action, indictment, cause, or proceeding now pending, or that prior to the admission of the State shall be pending, in any Territorial court in said Territories shall abate by the admission of such State into the Union, but the same shall be transferred and proceeded with in the Pr W pgoper United States circuit, district, or State court, as the case may m'§,,,;;mm;e,,,0 ; Prmizded, }z0we21e1·, That in all civil actions, causes, and proceed F**d°¤’·‘ °°“'“‘~ ings in which the United States is not a party transfers shall not bc