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to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the secretary of the territory shall annually account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended.

Departments.

Ibid. 12.

19. The legislative assembly of the territory of Dakota shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; Seat of governand at said first session, or as soon thereafter as they shall deem expedient, the governor ment. and legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.

Ibid. 13.

20. A delegate to the house of representatives of the United States, to serve during each congress of the United States, may be elected by the voters qualified to elect mem- Delegate to conbers of the legislative assembly, who shall be entitled to the same rights and privileges gress. as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives. The first election shall be held at such time and places, and be conducted in such manner as the governor shall appoint and direct; and at all subsequent elections, the times, places and manner of holding elections shall be prescribed by law; the person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly.

21. The river in said territory heretofore known as the "River aux Jacques," or "James River," shall hereafter be called the Dakota river.

1. Estimates, how made.

2. Ruling and binding for the departments.

3. Oath of allegiance to be administered to clerks, &c. Form of oath. Penalty for refusal.

4. Before whom taken. Violation to be deemed perjury.

2 March 1861

Ibid. 2 20.

Dakota river.

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1. The estimates for the various executive departments shall designate not only the amount required to be appropriated for the next fiscal year, but also the amount of the outstanding appropriation, if there be any, which will probably be required to be used for each particular item of expenditure.

11 Stat 327.

2. All the ruling and binding for the several executive departments shall be exe- 12 June 1858 14. cuted by practical and competent bookbinders, to be appointed by the head of the department.

3. It shall be the duty of the heads of the several departments to cause to be administered to each and every officer, clerk or employé, now in their respective departments, or in any way connected therewith, or who shall hereafter in any way become connected therewith, the following oath, viz. : "I do solemnly swear (or affirm, as the case may be) that I will support, protect and defend the constitution and government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state convention or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever ; and further, that I will well and faithfully perform all the duties which may be required of me by law. So help me God." And each and every such civil officer and employé, Penalty for refuin the departments aforesaid, or in any way connected therewith, in the service or employment of the United States, who shall refuse to take the oath or affirmation herein provided, shall be immediately dismissed and discharged from such service or employment.

sal.

Violation to be

4. The oath or affirmation herein provided for in the first section of this act, may be Ibid. 2. taken before any justice of the peace, or notary public, or other person who is legally Before whom authorized to administer an oath in the state or district where the same may be admin- taken. istered. And any violation of such oath by any person or persons taking the same deemed perjury. shall subject the offender to all the pains and penalties of wilful and corrupt perjury ; who shall be liable to be indicted and prosecuted to conviction for any such offence before any court having competent jurisdiction thereof: And provided further, That such offender shall be forthwith discharged from such service or employment.

15 Stat. 168.

5. In case of the death, resignation, absence or sickness of the head of any execu- 23 July 1868 ? L tive department of the government, the first or sole assistant thereof shall, unless otherwise directed by the president of the United States, as is hereinafter provided,

2 June 1858 3 2.

11 Stat. 30.

Estimates, how

made.

6 Ang. 1861 1.

12 Stat. 326,

Oath of allegiistered to clerks,

ance to be admin

&c.

Form of oath.

23 July 1868. perform the duties of such head, until a successor be appointed, or such absence or sickness shall cease.

Ibid. 2.

Temporary disability, &c., of other officers.

Ibid. § 3. President may designate other officers to per

7. In any of the cases herein before mentioned, it shall be lawful for the president of the United States, in his discretion, to authorize and direct the head of any other executive department or other officer in either of those departments whose appointment

form the duties. is, by and with the advice and consent of the senate, vested in the president, to per

form the duties of the office vacant as aforesaid, until a successor be appointed, or the sickness or absence of the incumbent shall cease: Provided, That nothing in this act shall authorize the supplying, as aforesaid, a vacancy for a longer period than ten days, when such vacancy shall be occasioned by death or resignation; and the officer so performing the duties of the office temporarily vacant shall not be entitled to extra compensation therefor: And provided also, That in case of the death, resignation, absence or sickness of the commissioner of patents, the duties of said commissioner, until a successor be appointed, or such absence or sickness shall cease, shall devolve upon the examiner-in-chief in said office oldest in length of commission.

6. In case of the death, resignation, absence or sickness of the chief of any bureau, or of officer thereof, except commissioner of patents, whose appointment is not in any the head of any executive department, the deputy of such chief or of such officer, or if there be no deputy, then the chief clerk of such bureau shall, unless otherwise directed by the president of the United States, as is hereinafter provided, perform the duties of such chief, or of such officer, until a successor be appointed, or such absence or sickness shall cease. And no appointment, designation or assignment otherwise than as is herein provided, in the cases mentioned in the first, second and third sections of this act, shall be made except to fill a vacancy happening during the recess of the senate.

3 Mar. 1863 11. 12 Stat. 741.

1. Compensation for collections under the revenue laws.

2. For defending suits against collectors, &c. Payment of

District Attorneys.

damages recovered.

3. To defend suits against officers. To make annual reports.

1. There shall be taxed and paid to district attorneys two per centum upon all moneys collected or realized in any suit or proceeding arising under the revenue laws, conducted by them, in which the United States is a party. (a) The act in relation to costs,

Compensation for collections

under the reve approved February 26th 1853, shall not apply to such allowances, and the same shall be

nue laws.

in lieu of all costs and fees in such suit or proceedings.

2. In all suits or proceedings against collectors or other officers of the revenue for any act done by them, or for the recovery of any money exacted by or paid to such suits against col officer and by him paid into the treasury of the United States, (b) in the performance of

Ibid. 12. For defending

his official duty, in which any district or other attorney shall be directed to appear on behalf of such officer, by the secretary or solicitor of the treasury, or by any other proper officer of the government, such attorney shall be allowed such compensation for his services therein as shall be certified by the court in which such suit or proceedings shall be had, to be reasonable and proper, and approved by the secretary of the treasury.

Ibid. 13. To defend suits against officers.

Payment of dam- And where a recovery shall be had in any such suit or proceedings, and the court shall

ages recovered.

certify that there was probable cause for the act done by the collector or other officer, or that he acted under the directions of the secretary of the treasury, or other proper officer of the government, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment, be provided for and paid out of the proper appropriation from the treasury.

3. In all suits or proceedings against collectors, or other officers of the revenue, for any act done by them, or for the recovery of any money exacted by or paid to such officers, which shall have been paid into the treasury of the United States, it shall be the duty of the respective district attorneys within the district where such suit or proceedings shall be had, unless otherwise instructed by the secretary of the treasury, to appear

To make annual on behalf of such officers. And it shall be the duty of the several district attorneys,

reports.

on the first of October of each year, to make returns to the solicitor of the treasury, of the number of proceedings and suits commenced, pending and determined within his district, during the fiscal year next preceding the date of such returns; which returns

(a) Where a proceeding in rem, under the internal revenue laws, is directed to be discontinued on the payment, by the claimant, of the legal costs which have accrued, the district attorney, under this act, is entitled to charge two per cent. on the value of the property. 11 Opin. 329. But a district attorney cannot be allowed to retain two per cent. of any moneys realized in a suit under the revenue laws, without a previous taxation of his

account by the court. 11 Opin. 393. He is entitled to the amount given by this act, in addition to the maximum compensation allowed by the act of 1853. 11 Opin. 88.

(b) See act 28 July 1866, 8, extending the provisions of this section to suits against all persons for acts done under the aban doned property acts. Tit."Circuit Courts," 16.

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DISTRICT ATTORNEYS.-DISTRICT OF COLUMBIA.

175

shall show the date when such proceedings or suits in each case commenced; and if for 3 March 1863. any reason the determination of such proceedings or suits shall have been delayed or continued beyond the usual or reasonable period, such reasons shall be set forth, together with a statement of the measures taken by the district attorneys to press such proceedings or suits to a close. And the returns hereby directed shall be embraced in a report by the solicitor to the secretary of the treasury, to be by him annually transmitted to congress, with a statement of all moneys received by the solicitor, and by each district attorney under the provisions of this act.

District Courts.

[See CRIMES, 59.]

1. Holding of courts, in case of vacancy in the office of district judge.

12 Stat. 318.

in case of vacan

1. In case of a vacancy in the office of district judge of any judicial district of the 6 August 1861 31. United States in any state in which there are two judicial districts, it shall be lawful for the district judge of the other district in said state to hold the district court or circuit Holding of courts court, in case of sickness or the absence of the circuit judge, and discharge all the judi- cy in the office cial duties of the district judge of such vacant district, so long as such vacancy shall of district judge. continue; and all the acts and proceedings in said courts, or by or before the said district judge of the adjoining district, shall have the same force, effect and validity as if done and transacted by and before a judge appointed for such district.

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3 March 1863 2 1. 12 Stat. 762. Supreme court.

General and special terms.

Ibid. 2.

Clerk.

Ibid. 3.

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I. COURTS.

1. There shall be established in the District of Columbia a court to be called the Supreme Court of the District of Columbia, which shall have general jurisdiction in law and equity. It shall consist of four justices, one of whom shall be denominated as chief justice; these justices shall be appointed by the president, by and with the advice and consent of the senate, and shall hold their offices during good behavior; each justice, before he enters upon the duties of his office, shall take the oath prescribed to be taken by judges of the courts of the United States. Any three of said justices may hold a general term, and any one of them may hold a special term or circuit court, as hereinafter provided: a special term may be held at the same time with a circuit court and by the same justice.

2. The said court shall have power to appoint a clerk, who shall take the oath and give a bond, with sureties, in the manner prescribed by law for clerks of district courts of the United States.

3. The supreme court organized by this act shall possess the same powers and exer

3 March 1863.

cise the same jurisdiction as is now possessed and exercised by the circuit court of the District of Columbia; and the justices of the court so to be organized shall severally Jurisdiction. possess the powers and exercise the jurisdiction now possessed and exercised by the judges of said circuit court. Any one of said justices may hold a district court of the District court. United States for the District of Columbia, in the same manner and with the same powers and jurisdiction possessed and exercised by other district courts of the United States. Any one of said justices may also hold a criminal court for the trial of all Criminal court. crimes and offences arising within said district, which court shall possess the same powers and exercise the same iurisdiction now possessed and exercised by the criminal court of the District of Columoia.、u,

4. General terms of the said supreme court shall be held at the same times at which Ibid. 4. terms of the circuit court of the District of Columbia are now required to be held, and Terms of the at the same place. District courts and criminal courts shall also be held by one of said courts. justices at the several times when such courts are now required by law to be held, and at the same place.

Ibid. 25.

5. Special terms of said supreme court shall be held by one of said justices, at such time or times as the said court, in general term, shall appoint; non-enumerated Business at spemotions, in all suits and proceedings at law and in equity, shall first be heard and deter- cial ternis. mined at such special terms; suits in equity, not triable by jury, shall also be heard and determined at such special terms; but the justice holding such special term may, in his discretion, order any such motion or suit to be heard, in the first instance, at a general term. Any party aggrieved by any order, judgment or decree, made or pro- Appeals to genenounced at any such special term, may, if the same involve the merits of the action or proceeding, appeal therefrom to the general term of said supreme court, and upon such appeal the general term shall review such order, judgment or decree, and affirm, reverse or modify the same, as shall be just.

ral term.

Ibid. 26.

6. The said court, in general term, shall adopt such rules as it may think proper, to regulate the time and manner of making appeals from the special term to the general Rules of practice. term, and may prescribe the terms and conditions upon which such appeals may be made; such court may also establish such other rules as it may deem necessary, for regulation of the practice of the several courts organized by this act, and from time to time, revise and alter such rules; it may also determine by rule, what motions shall be heard at a special term, as non-enumerated motions, and what motions shall be heard at a general term in the first instance.

Ibid. 7.

7. All issues of fact triable by a jury, or by the court, shall be tried before a single justice; when the trial is by jury, at a circuit court; and when the trial is without a Trial of issues. jury, at a circuit cour or special term; issues of law may be tried at a circuit court or special term. At any time after issue, and at least ten days before the sitting of the court, either party may give notice of trial; the party giving the notice shall furnish the clerk, at least four days before the sitting of the court, with a note of the issue, containing the title of the action, the names of the attorneys, and the time when the last pleading was served; and the clerk shall thereupon enter the cause upon a calendar, according to the date of the issue.

Ibid. § 8.

8. If, upon the trial of a cause, an exception be taken, it may be reduced to writing at the time, or it may be entered on the minutes of the justice, and afterwards settled Bills of excepin such manner as may be provided by the rules of the court, and then stated in writing tion. in a case or bill of exceptions, with so much of the evidence as may be material to the questions to be raised; but such case or bill of exceptions need not be sealed or signed.(b) The justice who tries the cause may, in his discretion, entertain a motion, to be made New trials. on his minutes, to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages: Provided, That such motion be made Appeals. at the same term or circuit at which the trial was had; when such motion is made and heard upon the minutes, an appeal to the general term may be taken from the decision, in which case a bill of exceptions or case shall be settled in the usual manner.

Ibid. 9.

9. A motion for a new trial on a case, or bill of exceptions, and an application for judgment on a special verdict, or a verdict taken subject to the opinion of the court, Hearing of rules shall be heard in the first instance at a general term.

for new trial, &c Ibid. 10.

10. Writs and process issued out of the court hereby organized may be tested in the name of any justice of said court.

11. Any final judgment, order or decree of said court may be re-examined and reversed, or affirmed in the supreme court of the United States, upon writ of error or appeal, in the same cases and in like manner as is now provided by law in reference to

(a) The supreme court is a different one from the criminal court, though held by one of the same judges. Ex parte Bradley, 7 Wall. 304.

Ibid. § 11.

Jurisdiction of supreme court of

United States. (b) This does not dispense with a regular bill of exceptions. Thompson v. Riggs, 5 Wall. 663.

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