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more defendants residing in different divisions, the action may be brought in any division in which either of the defendants resides or may be found. L.-And all cases shall be tried in the division in which the process is returnable as herein provided, unless said judge shall direct such case to be removed to one of the other divisions;

M.-(Repealed).-Provided, However, That the judicial tribunals of the Indian Nations shall retain exclusive jurisdiction in all civil and criminal cases arising in the country in which members of the Nation by nativity or by adoption shall be the only parties; and as to all such cases the laws of the State of Arkansas extended over and put in force in said Indian Territory by this act shall not apply.

Sec. 31.-A.-That certain general laws of the State of Arkansas in force at the close of the session of the general assembly of that state or eighteen hundred and eighty-three, as publishd in eighteen hundred and eighty-four in the volume known as Mansfield's Digest of the Statutes of Arkansas, which are not locally applicable or in conflict with this act or with and law of Congress, relating to the subjects specially mentioned in this section, are hereby extended over and put in force in the Indian Territory until Congress shall otherwise provide; that is to say, the provisions of the General Statutes of Arkansas relating to administration.

Chapter one, and the United States Court in the Indian Territory herein referred to shall have and exercise the powers of courts of probate under said laws; to public administrators.

Chapter two, and the United States Marshal of the Indian Territory shall perform the duties imposed by said chapter on the sheriffs in said state:

To arrest and bail, civil, chapter seven.

To assignment for benefit of creditors, chapter eight.

To attachment, chapter nine.

To attorneys at law, chapter eleven.

To bills of exchange and promissory notes, chapter fourteen.
To civil rights, chapter eighteen.

To Common and Statute Law of England, chapter twenty.

To contempts, chapter twenty-six.

To municipal corporations, chapter twenty-nine, division one.

To costs, chapter thirty.

To descents and distributions, chapter forty-nine.

To divorce, chapter fifty-two, and said court in the Indian Territory shall exercise the powers of the circuit courts of Arkansas under this chapter.

To dower, chapter fifty-two.

To evidence, chapter fifty-nine.

To execution, chapter sixty.

To fees, chapter sixty-three.

To forcible entry and detainer, chapter sixty-seven.

To frauds, statute of; chapter sixty-eight.

To fugitives from justice, chapter sixty-nine.

To gaming contracts, chapter seventy.

To guardians, curators and wards, chapter seventy-three, and said court in the Indian Territory shall appoint guardians and curators.

To habeas corpus, chapter seventy-four.

To injunction, chapter eighty-one.

To insane persons and drunkards, chapter eighty-two, and said court in the Indian Territory shall exercise the powers of the probate courts of Arkansas under this chapter.

To joint and several obligations and contracts, chapter eighty-seven. To judgments and decrees. chapter eighty-eight.

To judgments summary, chapter eighty-nine.

To jury, chapter ninety.

To landlord and tenant, chapter ninety-two.

To legal notices and advertisements, chapter ninety-four.
To liens, chapter ninety-six.

To limitations, chapter ninety-seven.

To mandamus and prohibition, chapter one hundred.

To marriage contracts, chapter one hundred and two.

To marriages, chapter one hundred and three.

To married women, chapter one hundred and four.

To money and interest, chapter one hundred and four.

To mortgages, chapter one hundred and ten.

To notaries public, chapter one hundred and eleven, and said

court

in the Indian Territory shall appoint notaries public under this chapter. To partition and sale of lands, chapter one hundred and fifteen.

To pleadings and practice, chapter one hundred and nineteen.

To recorders, chapter one hundred and twenty-six.

To replevin, chapter one hundred and twenty-eight.

To venue, change of; chapter one hundred and fifty-three.

And to wills and testaments, chapter one hundred and fifty-five.

And wherever in said laws of Arkansas the courts of record of said state are mentioned the said court in Indian Territory shall be substituted therefor.

And wherever the clerks of said courts are mentioned in said laws the clerk of the said court in Indian Territory and his deputies respectively shall be substituted therefor.

And wherever the sheriff of the county is mentioned in said laws the United States marshal of the Indian Territory shall be substituted therefor, for the purpose, in each of the cases mentioned, of making said laws of Arkansas applicable to the Indian Territory.

B.-That no attachment shall issue against improvements on real estate, while the title to the land is vested in any Indian nation, except where such improvements have been made by persons, companies or corporations operating coal or other mines, railroads, or other industries under lease or permission of law of an Indian National Council, or charter, or law of the United States.

C. That executions upon judgments obtained in any other than Indian courts shall not be valid for the sale or conveyance of title to improvements, made upon lands owned by an Indian nation, exception in the cases wherein attachments are provided for.

D.-Upon a return of nulla bona, upon an execution upon any judgment against an adopted citizen of any Indian tribe, or against any person residing in the Indian country, and not a citizen thereof, if the judgment debtor shall be the owner of any improvements upon real estate within the Indian Territory in excess of one hundred and sixty acres occupied as a homestead, such improvements may be subjected to the payment of such judgment by a decree of the court in which such judgment was rendered. Proceedings to subject such property to the payment of judgments may be by petition, of which the judgment debtor shall have notice as in the original suit. If on the hearing the court shall be satisfied from the evidence that the judgment debtor is the owner of improvements on real estate, subject to the payment of said judgment, the court may order the same sold, and the proceeds, or so much thereof as may be necessary to satisfy said judgments and costs applied to the payment of said judgment; or if the improvement is of sufficient rental value to discharge the judgment within a reasonable time the court may appoint a receiver, who shall take charge of such property and apply the rental receipts thereor to the payment of such judgment, under such regulations as the court may prescribe. If under such proceeding any improvement is sold only citizens of the tribe in which said property is situate may become the purchasers thereof.

E. The constitution of the United States and all general laws of the United States which prohibit crimes and misdemeanors in any place

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within the sole and exclusive jurisdiction of the United States. except in the District of Columbia, and all laws relating to national banking associations shall have the same force and effect in the Indian Territory as elsewhere in the United States.

F. (Repealed).-But nothing in this act shall be construed so as to deprive any of the courts of the civilized nations of exclusive jurisdiction over all cases arising wherein members of said nations, whether by treaty, blood or adoption, are the sole parties, nor so as to interfere with the right and power of said civilized nations to punish said members for violation of the statutes and laws enacted by their national councils where such laws are not contrary to the treaties and laws of the United States. Sec. 32. A. That the word "county," as used in any of the laws of Arkansas which are put in force in the Indian Territory by the provsions of this act, shall be construed to embrace the territory within the limits of a judicial division in said Indian Territory; and whenever in said laws of Arkansas the word "county" is used the words "judicial division" may be substituted therefor, in said Indian Territory, for the purposes of this act.

B. And whenever in said laws of Arkansas the word "state" or the words "State of Arkansas" are used, the word "territory," or the words "Indian Territory," may be substituted therefor, for the purpose of this act, and for the purpose of making said laws of Arkansas applicable to the said Indian Territory.

C. But all prosecutions therein shall run in the name of the "United States."

Sec. 33. A. That the provisions of chapter forty-five of the said general laws of Arkansas, entitled "Criminal Laws," except as to the crimes and misdemeanors mentioned in the provisions to this section, and the provisions of chapter forty-six of said general laws of Arkansas, entitled "Criminal Procedure," as far as they are applicable, are hereby extended over and put in force in the Indian Territory, and jurisdiction to enforce said provisions is hereby conferred upon the United States court therein. B.-Provided, That in all cases where the laws of the United States and the said criminal laws of Arkansas have provided for the punishment of the same offenses the laws of the United States shall govern as to such offenses.

C.-And Provided Further, That the United States, circuit and district courts, respectively, for the western district of Arkansas and the eastern district of Texas, respectively, shall continue to exercise exclusvie jurisdiction as now provided by law in the Indian Territory as defined in this act, in their respective districts as heretofore established, over all crimes and misdemeanors, against the laws of the United States applicable to the said Territory, which are punishable by said laws of the United States by death or by imprisonment at hard labor, except as otherwise provided in the following sections of this act.

Sec. 34. A. That original jurisdiction is hereby conferred upon the United States court in the Indian Territory to enforce the provisions of title twenty-eight, chapters three and four, of the Revised Statutes of the United States in said Territory, except the offenses defined and embraced in sections twenty-one hundred and forty-two, and twenty-one hundred and forty-three;

B.-Provided, That as to the violation of the provisions of section twenty-one hundred and thirty-nine of said Revised Statutes of the jurisdiction of said court in the Indian Territory shall be concurrent with the jurisdiction exercised in the enforcement of such provisions by the United States courts for the western district of Arkansas and the eastern district of Texas;

C.-Provided, That all violations of said chapters three and four prior to the passage of this act, shall be prosecuted in the said United States courts, respectively, the same as if this act had not been passed.

Sig. 28.

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