Page:United States Statutes at Large Volume 28.djvu/726

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FIFTY-THIRD CONGRESS. Sess. III. Ch. 145. 1895. 697 him, which bond and oath shall he filed with the clerk in the district for which the appointment is made. Sec. 6. That jurors for each term of said court in each district shall Jumbe selected and summoned in the manner provided by the statute laws of the State of Arkansas now in force in said Territory. Sec. 7. That all prosecutions forcrimes or offenses of which the Hyg? ie l>• United States court in the Indian Territory shall have jurisdiction, shall tense? ° °t °f °£ be had within the district in which said offense shall have been committed, and in the court nearest or most convenient to the locality where it is committed, to be determined by the judge on motion to transfer the trial of the case from one court to another. All civil suits shall be Civii ¤¤i*·¤- brought in the district in which the defendant or defendants reside or may be found; but if there are two or more defendants residing in different districts the action may be brought in any district in which either of the defendants may reside or be found; and if a resident, in the court nearest to his residence. All cases shall be tried in the court to which the process is returnable, unless a change of venue is allowed, Change of vom. in which case the court shall change the venue to the nearest place of holding court, within the district, and any civil cause may be removed to another district for trial if the court shall so order, on the application of either party. SEc. 8. That any person, whether an Indian or otherwise, who shall, e,f¤:}¤l!¤¤*'¤¤h in said Territory, manufacture, sell, give away, or in any manner, or by " h°°°"' any means furnish to anyone, either for himself or another, any vinous, malt, or fermented liquors, or any other intoxicating drinks of any kind whatsoever, whether medicated or not, or who shall carry, or in any manner have carried, into said Territory any such liquors or drinks, or who shall be interested in such manufacture, sale, giving away, furnishing to anyone, or carrying into said Territory any of such liquors or drinks, shall upon conviction thereof, be punished by ilne not exceeding five hundred dollars and by imprisonment for not less than one month nor more than five years. Sec. 9. That the United States court in the Indian Territory shall 1¤¤1¤¤iv• Jumarohave exclusive original jurisdiction of all odenses committed in said "°"°f°°"°‘ Territory, of which the United States court in the Indian Territory now has jurisdiction, and after the first day of September, eighteen hundred and ninety-six, shall have exclusive original jurisdiction of all offenses against the laws of the United States, committed in said Territory, except such cases as the United States court at Paris, Texas, Fort Smith, Arkansas, and Fort Scott, Kansas, shall have acquired jurisdiction of before that time; and shall have such original jurisdiction of civil cases csvn mum. as is now vested in the United States court in the Indian Territory, and appellate jurisdiction of all cases tried before said commissioners, acting as justices of the peace, where the amount of the judgment exceeds twenty dollars. All laws heretofore enacted conferring jurisdiction upon United J :_¤;1i;H¤¤ of States courts held in Arkansas, Kansas. and Texas, outside of the °‘°°' " limits of the Indian Territory, as deiined by law, as to oilenses com mitted in said Indian Territory, as herein provided, are hereby repealed, to take effect on September first, eighteen hundred and ninety-six; and ¤¤·¢*~ the jurisdiction now conferred by law upon said courts is hereby given from and after the date aforesaid to the United States court in the Indian Territory: Provided, That in all criminal cases where said courts Pmuo. outside of the Indian Territory shall have, on September first, eighteen P°"‘“"‘°“°°· hundred and ninety-six, acquired jurisdiction, they shall retain jurisdiction to try and finally dispose of such cases. Every case, civil or criminul, pending in the United States court in the Indian Territory shall be tried and disposed of by the court where the same is pending, unless the venu• therein be changed, as herein provided. Sec. 10. That it shall be the duty of the marshals appointed under <>¤¤¤¤¤¤¤•. ou. this act to provide, under the direction and with the approval of the judge of the district, suitable buildings and rooms for holding said