Page:United States Statutes at Large Volume 72 Part 1.djvu/391

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[72 Stat. 349]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 349]

72 S T A T. ]

PUBLIC LAW 8 5 - 5 0 8 - J U L Y 7, 1958

349

(o) The last paragraph of section 1963 of title 28, United States Code, is repealed; (p) Section 2201 of title 28, United States Code, is amended by striking out the words: "and the District Court for the Territory of (q) Section 4 of the Act of July 28, 1950 (64 Stat. 380; 5 U.S.C. sec. 341b) is amended by striking out the word: "Alaska,". SEC. 13. No writ, action, indictment, cause, or proceeding pending continuation of in the District Court for the Territory of Alaska on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided. All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska. SEC. 14. All appeals taken from the District Court for the Terri- Appeals, tory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this Act had not been passed. All cases in which final judgment has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United states district court for said district, as the case may require: Provided, That the time allowed by existing law for appeals from the district court for said Territory shall not be enlarged thereby. SEC. 15. All causes pending or determined in the District Court „.!/.• " • ^ • ' *»' for the Territory of Alaska at the time of the admission of Alaska cases. as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final dis)osition and enforcement in the same manner as is now provided by aw with reference to the judgments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be transferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such transferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in

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