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degree of latitude to the point of beginning: Provided, That the territory mentioned 5 May 1868. in this section shall not become a part of the state of Nevada, until said state shall, Conditions. through its legislature, consent thereto: And provided further, That all possessory rights acquired by citizens of the United States to mining claims, discovered, located and originally recorded, in compliance with the rules and regulations adopted by miners in the Pah-Ranagat, and other mining districts in the territory incorporated by provisions of this act into the state of Nevada, shall remain as valid subsisting mining claims; but nothing herein contained shall be so construed as granting a title in fee to any mineral lands held by possessory titles, in the mining states and territories.
II. LANDS And land ofFICES.
12 Stat. 214.
12. When the land in said territory shall be surveyed, under the direction of the 2 Mar. 1861 ? 14. government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said territory, shall be and the School lands. same is hereby reserved for the purpose of being applied to schools, in the states hereafter to be erected out of the same.
12 Stat. 503.
13. The public lands of the United States in the territory of Nevada shall constitute 2 July 1862 2 1. a land district, to be called the District of Nevada, the office for which shall be established at such place within said district as the president of the United States may, from District of time to time, direct; and the pre-emption laws are hereby extended to said territory. 14. That the president be and he is hereby authorized to appoint, by and with the advice and consent of the senate, a register and receiver for said district, who shall be required to reside at the site of said office, and who shall have the same powers and ceiver. perform the same duties as are now or may hereafter be prescribed by law for other land officers, and whose compensation shall be the same as allowed to such officers by the act approved April 20th 1818, entitled "An act for changing the compensation of receivers and registers of the land offices."(a)
Ibid. 2. Register and re
15. When the settlers in any township or townships, not mineral or reserved by government, shall desire a survey made of the same, under the authority of the surveyorgeneral of the United States, and shall file an application therefor in writing, and deposit in a proper United States depository, to the credit of the United States, a sum sufficient to pay for such survey, together with all expenses incident thereto, without cost or claim for indemnity on the United States, it shall and may be lawful for said surveyor-general, under such instructions as may be given him by the commissioner of the general land office, and in accordance with existing laws and instructions, to survey such township or townships, and make return thereof to the general and proper local land office: Provided, That the townships so proposed to be surveyed are within the range of the regular progress of the public surveys, embraced by existing standard lines or bases for the township and subdivisional surveys.
14 Stat. 85.
16. The appropriation, by the constitution of the state of Nevada, to educational pur- 4 July 1866 § 1. poses, of the five hundred thousand acres of land granted to said state, by the law of September 4th 1841, (b) for purposes of internal improvement, is hereby approved and Lands for inconfirmed.
When surveys to be made for set
17. Land equal in amount to seventy-two entire sections, for the establishment and maintenance of a university in said state, is hereby granted to the state of Nevada.
18. The grant made by law of the second day of July 1862, (c) to each state, of land equal to thirty thousand acres for each of its senators and representatives in congress, Lands for agriis extended to the state of Nevada; and the diversion of the proceeds of these lands in Nevada from the teaching of agriculture and mechanic arts, to that of the theory and practice of mining, is allowed and authorized, without causing a forfeiture of said grant.
19. The president of the United States, by and with the advice and consent of the senate, shall be and he is hereby authorized to appoint a surveyor-general for Nevada, Surveyor-genewho shall locate his office at such place as the secretary of the interior shall, from time ral. to time, direct; whose compensation shall be three thousand dollars per annum, and whose duties, powers, obligations, responsibilities and allowances for clerk-hire, officerent, fuel and incidental expenses shall be the same as those of the surveyor-general of Oregon, under the direction of the secretary of the interior, and such instructions as he may, from time to time, deem it advisable to give him.
20. In extending the surveys of the public lands in the state of Nevada, the secretary of the interior may, in his discretion, vary the lines of the subdivisions from a Surveys of public rectangular form, to suit the circumstances of the country; but in all cases lands valu- lands. able for mines of gold, silver, quicksilver or copper, shall be reserved from sale.
21. Until the state of Nevada shall have received her full quota of lands named in
(a) 1 vol. 468, pl. 51-2.
the first, second and third sections of this act, the public lands in that state shall not be subject to entry, sale or location under any law of the United States, or any scrip be subject to pri- or warrants issued in pursuance of any such law, except the homestead act of May 20th
4 July 1866. When lands to
1862, (a) and acts amendatory thereto, and the acts granting and regulating pre-emp-
27 Feb. 1865 1. 13 Stat. 440. Judicial district. Terms.
Ibid. 3. Jurisdiction of district court.
Ibid. 24. Jurisdiction of circuit court.
25. The circuit court of the United States for the said district of Nevada, and the judge thereof, shall possess the same powers and jurisdiction in said district, which are vested in said court and said judge in the other districts of the tenth circuit.
26. The district judge appointed for the district of Nevada shall receive as his compensation the sum of thirty-five hundred dollars a year, payable in four equal instalments, on the first days of January, April, July and October of each year.
27. The marshal and district attorney of the United States for said district of Nevada, and also for the district of Oregon, shall severally be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the act entitled "An act to regulate the fees and costs to be allowed clerks, marshals and attorneys of the circuit and district courts of the United States, and for other purposes," approved February 26th 1853: (c) Provided, That the aggregate compensation allowed said officers shall not exceed the amount provided for such officers by said act.
28. The 3d, 4th and 5th sections of the act of February 19th 1864, entitled "An act amendatory of, and supplementary to, an act to provide circuit courts for the districts of California and Oregon, and for other purposes," approved March 3d 1863, (d) shall be applicable to the appointment of special sessions of the circuit courts in the district of Clerks of courts. Nevada, and to the appointment of clerks and deputy-clerks of the circuit courts of the
districts of Nevada and Oregon; and the clerk of the circuit court in the districts
Ibid. 25. Salary of judge.
Ibid. 26. Fees of officers.
Ibid. 7. Special courts.
III. CIRCUIT AND DISTRICT COURTS.
22. The state of Nevada shall hereafter constitute one judicial district, and be called the district of Nevada; and for said district a district judge, a marshal and a district attorney of the United States shall be appointed.
23. The said district of Nevada shall be attached to and constitute a part of the tenth circuit: (b) and a term of the circuit court of the United States for the said district shall be held in the city of Carson, in the state of Nevada, on the first Monday of March, and on the first Monday of August, and on the first Monday of December of each year; and a term of the district court of the United States for the said district shall be held at the said city of Carson, on the first Monday of February, and on the first Monday of May, and on the first Monday of October of each year.
24. The district court of the United States for the district of Nevada, and the judge thereof, shall possess the same powers and jurisdiction possessed by the other district courts and district judges of the United States, and shall be governed by the same laws and regulations.
Ibid. 28. Jurisdiction in pending causes.
29. All cases of appeal or writ of error heretofore prosecuted and now pending in the supreme court of the United States, upon any record from the supreme court of the territory of Nevada, may be heard and determined by the supreme court of the United States, and the mandate of execution, or of further proceedings, shall be directed by the supreme court of the United States to the district court of the United States for the district of Nevada, or to the supreme court of the state of Nevada, as the nature of said appeal or writ of error may require, and each of these courts shall be the successor of
(a) Ante 396. pl. 50.
(b) Attached to the ninth circuit, by act 23 July 1866. Ante,
tit. "Circuit Courts," 1.
(c) 1 vo.. 273-6.
(d) Ante 68, pl. 3–5. '
the supreme court of Nevada territory as to all such cases, with full power to hear and 27 February 1865. determine the same, and to award mesne or final process thereon. And from all judgments and decrees of the supreme court of the territory of Nevada, prior to its admission into the Union as a state, the parties to said judgments and decrees shall have the same right to prosecute appeals and writs of error to the federal courts, as they would have had under the laws of the United States, if this act had been passed simultaneously with the act admitting said state into the Union: Provided, That said appeals shall be prosecuted and said writs of errors sued out at any time before the first day of July 1866.(a)
1. District of Newark enlarged.
15 Stat. 273.
1. The district of Newark, in the state of New Jersey, shall be extended so as to 22 Feb. 1869 3 3. embrace all the waters and shores of Newark bay and the rivers and bays tributary thereto, the northern shore of the strait or passage known as Kill Van Kull, and all District of Newark enlarged. that part of the western shore of the strait or passage known as Staten Island sound, or Arthur Kill, which lies north of the northern boundary line of the town of Rahway.
I. LEGISLATIVE POWER.
15 Stat. 239.
1. Every bill which shall have passed the council and house of representatives of the 27 July 1868 1. said territory shall, before it becomes a law, be presented to the governor of the territory; if he approve, he shall sign it, but if he do not approve it, he shall return it with Governor's veto his objections to the house in which it originated, who shall enter the objections at large upon their journal, and proceed to reconsider it; if after such reconsideration, two-thirds of that house shall pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by twothirds of that house, it shall become a law, the governor's objections to the contrary notwithstanding; but in such cases, the votes of both houses shall be determined by yeas and nays, and entered upon the journal of each house respectively. And if the governor shall not return any bill presented to him for approval, after its passage by both houses of the legislature, within three days (Sundays excepted), after such presentation, the same shall become a law in like manner as if the governor had approved it: Provided, however, That the assembly shall not have adjourned sine die, during the three days prescribed as above, in which case it shall not become a law.
II. LAND OFFICE.
11 Stat. 292.
2. The public lands in the territory of New Mexico, to which the Indian title shall 24 May 1858 & L have been extinguished, shall constitute a land district to be called the "District of New Mexico," the office for which shall be established at such place within said district District of New as the president of the United States may, from time to time, direct. (b)
Ibid. § 2.
3. For the purpose of carrying this act into effect, the president shall be and he is hereby authorized to appoint, by and with the advice and consent of the senate, or Register and during the recess thereof, a register and receiver for the district hereby created; who receiver. shall be required to reside at the site of the office, and whose powers, duties, obligations and responsibilities shall be the same as are now prescribed by law for other land officers, so far as they apply to these officers.
11 Stat. 325.
4. The register of the land office and receiver of public moneys in the territory of 12 June 1858 1. New Mexico shall receive the same compensation now allowed by law to the same class of officers in Washington territory: Provided, Their compensation, including fees, shall Compensation. not exceed three thousand dollars each per annum.
(a) See Freeborn v. Smith, 2 Wall. 160.
(b) By order of the president the land office has been located at Santa Fe.
3 March 1863 1. 12 Stat. 761.
District of Paso del Norte.
Ibid. 2. Jurisdiction of district court.
2 March 1867 @ 1. 14 Stat. 546.
Ibid. 22. How act to be enforced.
27 July 1868 ? 2. 15 Stat. 240.
Secretary to be of public build
III. COLLECTION DISTRICT.
5. That the tenth section of an act entitled "An act making appropriations for the legislative, executive and judicial expenses of the government for the year ending 30th of June 1858," approved March 3d 1857, be and the same is hereby repealed; and the act entitled "An act creating a collection district in Texas and New Mexico," approved August 2d 1854, is hereby revived and re-enacted: Provided, That the collector shall reside at El Paso, Texas, instead of Frontera.
6. The jurisdiction of the district court of New Mexico shall extend over the citizens of El Paso county, Texas, only in cases not instituted by indictment; and the trial and proceedings for violations of the revenue laws in said district court of New Mexico shall be the same as in other district courts of the United States invested with admiralty powers.(b)
IV. MISCELLANEOUS PROVISIONS.
7. The holding of any person to service or labor, under the system known as peonage, is hereby declared to be unlawful, and the same is hereby abolished and for ever prohibited in the territory of New Mexico, or in any other territory or state of the United States; and all acts, laws, resolutions, orders, regulations or usages of the territory of New Mexico, or of any other territory or state of the United States, which have heretofore established, maintained or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, be and the same are hereby declared null and void; and any person or persons who shall hold, arrest or return, or cause to be held, arrested or returned, or in any manner aid in the arrest or return of any person or persons to a condition of peonage, shall, upon conviction, be punished by fine not less than one thousand nor more than five thousand dollars, or by imprisonment not less than one nor more than five years, or both, at the discretion of the court.
9. The secretary of the territory of New Mexico shall be ex officio superintendent of public buildings and grounds, and shall have all control and management of all public buildings now erected, in progress of erection, or to be hereafter erected, and of all grounds pertaining thereto; and he shall be under the direction of the secretary of the interior, who shall establish such rules in relation to said public buildings and grounds as in his judgment he may devise; and for his services as such superintendent shall receive an annual salary of one thousand dollars, to take effect from and after the passHow members of age of this act. And it shall be the duty of the secretary of said territory, upon the
the legislature to be sworn.
convening of the legislature thereof, to administer the oath of office to the members elect of the two houses and the officers thereof when chosen; and no other person shall be competent to administer said oath, save in the absence of the secretary; in which case any one member of either house may administer the oath to the presiding officer elect, and he shall administer the same to the members and other officers: Provided, That the annual salary of the secretary of said territory shall be two thousand dollars per annum, from and after the first day of February 1867.
(a) See United States v. Hart, 6 Wall. 770.
8. It shall be the duty of all persons in the military or civil service in the territory of New Mexico to aid in the enforcement of the foregoing section of this act; and any person or persons who shall obstruct or attempt to obstruct, or in any way interfere with, or prevent the enforcement of this act, shall be liable to the pains and penalties hereby provided; and any officer or other person in the military service of the United States who shall so offend, directly or indirectly, shall, on conviction before a court martial, be dishonorably dismissed the service of the United States, and shall thereafter be ineligible to reappointment to any office of trust, honor or profit under the government.
I. CIRCUIT AND DISTRICT courts.
12 Stat. 3.
1. That the third section of the act entitled "An act to increase and regulate the 24 Mar. 1860 2 1. terms of the circuit and district courts for the northern district of the state of New York," approved July 7th 1838, (a) be and the same is hereby repealed.
2. Instead of the times now fixed by law for holding district courts of the United States for the northern district of New York, the said court shall hereafter be held at the following times and places, that is to say: at the city of Albany, on the third Tuesday of January; at the city of Utica, on the third Tuesday in March; at the city of Rochester, on the second Tuesday in May; at the city of Buffalo, on the third Tuesday in August; at the city of Auburn, on the third Tuesday in November; and in the discretion of the judge of said court, one term annually, at such time and in such place, within the counties of St. Lawrence, Clinton, Jefferson, Oswego or Franklin, as the judge of said district shall, from time to time, appoint, by a notice, of at least twenty days, to be published in the state paper of the state of New York, and also in one newspaper published at the place where the said court is to be held, which term shall be held only for the trial of issues of fact arising within the said counties: but nothing herein contained shall prevent the judge of said court from holding special terms thereof at the places above specified, or at any other places in said district, in addition to said regular terms, he shall deem necessary.
4 July 1864 31.
13 Stat. 385.
Terms of district district.
court in northern
Terms of circuit
3. Instead of the times and places now provided by law for holding the terms of the circuit court of the United States for the northern district of New York, the said circuit court shall be held at the times and places following, that is to say: at the village court in northern of Canandaigua, on the third Tuesday in June; at the city of Albany, on the second Tuesday in October; and the term of said court appointed by this act to be held at the city of Albany in October, shall, when it is adjourned, be adjourned to meet in the city of Albany, the third Tuesday in January, and the adjournment of said adjourned term shall be further adjourned, to meet at the city of Utica, on the third Tuesday in March, and the said adjourned term shall be held for the transaction of civil business only; and no jury shall be drawn for service therein exclusively, but the jury drawn to serve in the district court, at the same time and place of the said adjourned terms of said circuit, shall be used for the trial of issues of fact arising in civil causes in said circuit court; and the verdicts of said jury and all proceedings upon the trial of said issues shall be as valid and of the same effect, as if the said jury had been drawn to serve in the said circuit court.
4. In place and in lieu of the salary now paid to the judge of the district court of the United States for the northern district of New York, there shall be allowed and Salary of district paid quarterly to said judge, out of the treasury of the United States, the sum of three judge. thousand five hundred dollars per year.
13 Stat. 438.
5. The counties of Kings, Queens, Suffolk and Richmond, in the state of New York, 25 Feb. 1865 1. with the waters thereof, are hereby constituted a separate judicial district of the United States, to be styled the eastern district of New York. The president of the United Eastern district. States, by and with the advice and consent of the senate, shall appoint a district judge District judge. for said district, who shall reside therein, and who shall possess the same powers and perform the same duties within said district, which are now possessed and performed by the district judge of the southern district of New York; the said judge shall also Salary. receive the same compensation as is by law provided for the judge of said southern district. District and circuit courts for the trial of causes shall be held in the city of Brooklyn, on the first Wednesday of every month; the courts so to be held shall have Terms of district the same jurisdiction as is now or may hereafter be vested in other district and circuit (a) 1 vol. 699, pl. 13.
and circuit courts.