Page:United States Statutes at Large Volume 25.djvu/829

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T8} FIFTIETH CONGRESS. Sess. II. Ch. 333, 1889. cavu causes Sec. 6. That the court hereby established shall have jurisdiction 111 all civil cases between citizens of the United States who are residents of the Indian Territory, or between citizens of the United States, or of any State or Territory therein, and any citizen of or person or persons residing or found in the Indian Territory, and when the value of the thing in controversy, or damages or money claimed shall emacs. amount to one hundred dollars or more: Provided, That nothing d,§,§‘Si‘“ b°""°°“ 1** herein contained shall be so construed as to give the court jurisdiction over controversies between persons of Indian blood on y: And ccarmmmgieases. provided further, That all laws having the effect to prevent the Cherokee, Choctaw, Creek, Chickasaw and Seminole Nations, or either of them, from lawfully entering into leases or contracts for mining coal for a period not exceeding ten years, are hereby repealed; and said court shall have jurisdiction over all controversies arising out of said mining leases or contracts and of all questions of mining rights or invasions thereof where the amount involved exceeds the sum of one hundred dollars. —

   0h_ That the provisions of chapter eighteen, title thirteen, of the Revised

18,p.1¢?· Statutes of the _United States shall govern such court, so far as ap- §§’,}’f,"’,‘};,,,y,,i,hA,_ pl1cable:_ Prouzded, That the practice, pleadings, and forms of prok¤¤¤¤¤ P¤¤¤<=<·>· ceeding in civil causes shall conform, as near as may be, to the practice, pleadings, and forms of roceeding existing at the time in like causes in the courts of recordp of the State of Arkansas, any rule of court to the contrar notwithstanding; and the plaintiff shall be entitled to like remedlies by attachment or other process against the ' property of the defendant, and for like causes, as now provided by the laws of said State. ,,,,§.}f§,.'°§§f gg,;? The 5113] judgment or decree of the court hereby established, in $1,000: ’ " cases where the value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds one thousand dollars may be reviewed and reversed or affirmed in the Supreme Court of the United States upon writ of error or appeal, in the same manner and under the same regulations as the final judgments and decrees of a circuit court. Terms SEG 7. That two terms of said court shall be held each year at Muscogee, in said Territory, on the first Monday in April and September, and such special sessions as may be necessary for the dispatch of the business in said court at such times as the judge may eem expedient; and he may adjourn such special sessions to any other time previous to a regular term; and the marshal shall procure suitable rooms for the use and occupation of the court hereby created. mhF*¤¤°¤di¤8¤i¤E¤8· SEG 8. That all proceedings in said court shall be had in the En- ` glish language; an bona-ide male residents of the Indian Territory, over twenty-one years of age, and understanding the English language sufficiently to comprehend the (proceedings of the court, shall e competent to serve as jurors in said court but shall be subject to exemptions and challenges as provided by law in regard to jurors in the district court for the western district of Arkansas. $°*°°**°¤ °U¤¤‘¤¤- _ Sec. 9. That the jlurors shall be selected as follows: The court at its regular term sha 1 select three jury commissioners, possessing the i quali cations prescribed for jurymen, and who have no suits in court requiring the intervention of a jury; and the same persons shall 11ot act as jury commissioners more than once in the same year. The judge shall administer to each commissioner the following oath: mmcgf wr com- ‘f You do swear to discharge faithfully the duties required of you _ as jury commissioner; that you will not knowingly select any one as juryman whom you believe unfit and not qualified; that you will not ma e known to any one the name of any juryman selected by you and reported on your list to the court until after the commencement of the next term of this court; that you will not, directly or indirectly, converse with any one selected by you as a juryman concerning the