Page:United States Statutes at Large Volume 26.djvu/272

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218; FIFTY-FIRST CONGRESS. Sess. I. Ch. 656. 1890. P¤*¤¤» ¤*¤·» <>* °¤· The marshal, district attorney, and clerks of the circuit and district °°°" co1u·ts of said district, and all other officers and persons performing duties in the administration of jpstice therein, shall severally possess the powers and perform the duties lawfully dpossessed and required to be performed by similar officers in other 1str1cts of the United States; and shall, for the services they may perform, receive nqm. the fees and compensation allowed by law to other similar officers and persons rforming similar duties in the State of Oregon. · c¤»¤¤pe¤<1i¤z*¤*l*° Sec. 17. That all cases of appeal or writ of error hereto ore prose- °“l""‘”°°'"`°‘ cuted and now pending in the Supreme Court of the United tates upon any recor from the supreme court of said Territoizpor that may hereafter lawfully be prosecuted upon any record m said court, may be heard and determined by said Supreme Court of the linupmmumgs. 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 court hereb established within the said State from or to the supreme court ofy such State, as the nature of

 ¤¤1¤¤¤¤M the case may require. And the circuit, district, and State courts

syen·¤umu¤¤·1c¢,s¤4 herein named shall, respectively, be the successors of the supreme S°¤*°°°“"*- court of the Territory, as to all such cases arising within the imits embraced within the jurisdiction of such courts, respectively, with full power to pmceed with the same, and award mesne or iinal process I·l¤¤v¤¤¤r¤ v¤¤¤·¤¤ therein; and t from all judgments and decrees of the supreme . court of the Territory mentioned in this act, in any case arising ‘ within the limits of the ppoposed State prior to admission, the parties to such judgment shall ve the same right to prosecute appeals and writs of error to the Supreme Court of the [nited States as they piall have had by law prior to the admission of said State into the n10n. Transfer-ot mmm Sec. 18. That in respect toall cases, proceedin , and matters now “°*°““*°°°‘ pending in the supreme or district courts of th; said Territory at the time of the admission into the Union of the State of Idaho and circus: and enum arising within the limits of such State, whereof the circuit or district mm 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 commencement of such cases, the said circuit and district courts, respectively, shall be the successors of said supreme and district sum, ,,0,,m_ courts of said Territoréy; and in respect to all other cases, proceedings, and matters pen ing in the supreme or district courts of said Territory at the time of the admission of such Territory into the Union, arising within the limits of said State. the courts established by such State shall, respectively, be the successors of said supreme mwuamm and district Territorial courts; and all the files, records, indictments, °"*"·°‘°· and proceedings relating to any such cases shall be transferred to such circuit, istrict, and State courts, respectively, and the same wsu, exc., mo to shall 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 an; Territorial court in said Territory, shall abate b the admission o such State into the Union, but the same shall be transferred and proceeded within the proper United States circuit, district, or State court as hmm, the case may be: Provided, however, That in all civil actions. causes, and proceedings in which the United States is not a party transfers Request sor um in shal not be made to the circuit and district courts of the United F°d°““°°‘""“·°°"· States, except upon written request of one of the parties to such action or procee ing Hled in the proper court; and in the absence of suchtrequest such cases shall be proceeded with in the proper State uour s. ope-menu: United Sec. 19. That from and after the admission of said State into the sm'" l‘“`“· Union, in pursuance of this act. the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States. ·