Chapter 182. providing for two additional associate justices of supreme court of the Territory of Dakota, one additional associate justice of the supreme court of the Territory of Washington and for other purposes
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CHAP. 182.— An Act providing for two additional associate justices of supreme court of the Territory of Dakota, one additional associate justice of the supreme court of the Territory of Washington and for other purposes.July 4, 1884.Supremo court of Territories of Dakota and Washington to consist of chief justice and five associate justices.Appointment of two additional associate justices.Term of office.Judicial districtsTerms of court. Residence.Counties constituting the fifth judicial district.Second and fourth judicial districts. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That hereafter the supreme court of the Territory of Dakota shall consist of a chief justice and five associate justices, any five of whom shall constitute a quorum.
Sec. 2. That it shall be the duty of the President to appoint two additional associate justices of said supreme court, in manner now Provided by law, who shall hold their offices for the term of four years, and until their successors are appointed and qualified. Sec. 3. That the said Territory shall be divided into six judicial districts, and a district court shall be held in each district by one of the justices of the supreme court, at such time and place as maybe prescribed by law.
Each judge, after assignment, shall reside in the district to which he.is assigned. Sec. 4. That until changed by the legislative assembly of said Territory, the fifth district of said Territory shall consist of the following counties, namely: Brookins, Kingsbury, Beadle, Deuel, Hamlin, Grant, Codington, Clark, Day, Spink, Brown, Hand, Hyde, Hughes, Sully, Edmunds, Faulk, McPherson, Potter,Campbell, Roberts,and Walworth, and the Sisseton and Wahpeton Indian Reservation. And the second district and the fourth district shall consist of the remainder of the Territory which now constitutes said second district and fourth district, respectively as defined by the statutes of said Territory. 102 FORTY-EIGHTH CONGRESS.
SESS. I. CHS. 182. 1884. Sec. 5. That until changed by the legislature of said Territory, theCountries constituting the sixth judicial district. sixth district shall consist of the following counties, namely: Bowman, Villard, Billings, Dunn, McKenzie, Allred, Buford, Flannery, Wallace, Monntraille, Williams, Start, Hettinger, Morton, Mercer, McLean, Stevens, Renville, Wynn, Bottineau, McHenry, Sheridan, Burleigh, Emmons, McIntosh, Logan, Kidder, Wells, De Smet, Rolette, Towner, Benson, Foster, Stutsman, La Moure, Deckey, Griggs, Steel, and Barnes.
Sec. 6. That temporarily, and until otherwise ordered by law, theAssignment of associate justices. additional associate justices to be appointed under this act are hereby assigned to said fifth and sixth districts, and the time and place as now fixed by the statutes of said Territory for holding court therein shall remain until changed by law. Sec. 7. That the district court for said fifth judicial district shallJurisdiction. have no jurisdiction to try, hear, or determine any matter or cause wherein the United States is a party, and no United States grand or petit jury shall be summoned in said court, but said fifth district is hereby attached to and made a part of the second judicial district for the purpose of hearing and determining all matters and causes arising within said fifth district in which the United States is a party.
Sec. 8. That the district court for said sixth judicial district shallJurisdiction in sixth judicial district. have and possess jurisdiction to try, hear, and determine all matters and causes that the court of any district in said Territory now possesses. And Terms of court at Bismarck.for such purposes two terms of said court shall be held annually in the city of Bismarck, in the county of Burleigh, Grand and petitjury.and a grand and petit jury shall be summoned thereon in the manner now required by law in the United States courts in said Territory.
Sec. 9. That hereafter the supreme court of the Territory of WashingtonSupreme court of the Territory of Washington to consist of, etc. shall consist of a chief justice and three associate justices, any three of Quorum.whom shall constitute a quorum, but no justice shall act as a member of the Justice not to act as a member of the supreme court, when.supreme court in any action or proceeding brought to such court by writ of error, bill of exceptions, or appeal from a decision, judgment or decree rendered by him as judge of a district court.
Sec. 10. That it shall be the duty of the President to appoint one additional associateAppointment of one additional associate justice. justice of said supreme court, in manner now provided by law, who shall hold his office for the term of four years, and until his successor is appointed and qualified. Sec. 11. That the said Territory shall be divided into four judicial districts, andJudicial districts. a district court shall be held in each district by one of the justices of District courts.the supreme court thereof at such time and place as may be Residence of judges.prescribed by law.
Each judge, after assignment, shall reside in the district to which he is assigned. Sec. 12. That until changed by the legislative assembly of said Territory,Counties constituting first district. the first district of said Territory shall consist of the counties of Wallwalla, Columbia, Garfield, Assotian, Franklin, Adams, Whitman, and Spokane; the second, of the counties of Pierce, Thurston, Mason, Chehalis, Lewis, Pacific, Wahkiakum, Cowlitz, and Clarke; the third of the counties of King, Kitsap, Jefferson, Clallam, Island, San Juan, Whatcom, Skagit and Snohomish, and the fourth of the counties of Skamania, Klickitat, Yakima, Kittitas, Douglas, Lincoln, and Stevens.
Sec. 13. That temporarily, and until otherwise ordered by law, theAssignment of additional associate justice. additional associate justice to be appointed under this act is hereby assigned to said fourth district thereof and the time and place as now fixed by the statutes of said Territory for holding court therein shall remain until changed by law. Sec. 14. That all offenses committed before the passage of this actProcedure. shall be prosecuted, tried, and determined in the same manner and with the same effect (except as to the number of judges) as if this act had not been passed.
Approved, July 4, 1884.