United States Code

notes, bonds, and other obligations of such character and maturity, with such security, and in such manner as the legislature may provide. Such notes, bonds, and other obligations shall not be a debt of the United States, or of Guam other than such authority, nor constitute a debt, indebtedness, or the borrowing of money within the meaning of any limitation or restriction on the issuance of notes, bonds, or other obligations contained in any laws of the United States applicable to Guam or to any agency thereof. (Pub. L. 88-171, § 2, Nov. 4, 1963, 77 Stat. 304.)

REFERENCES IN TEXT

The Organic Act of Guam, referred to in the text, is classified to sections 1421-1421f, 1421g-14211, 14221423k, 1424 and 1424b of this title.

§ 1425c. Authorization of loans, conveyances, etc.

The Legislature of Guam may by law assist such authority by furnishing, or authorizing the furnishing of, cash donations, loans, conveyances of real and personal property, facilities, and services, and otherwise, and may by law take other action in aid of urban renewal or housing or related activities. (Pub. L. 88-171, § 3, Nov. 4, 1963, 77 Stat. 304.)

§ 1425d. Ratification of prior act.

Each and every part of Public Law 6-135, approved December 18, 1962, heretofore enacted by the Legislature of Guam dealing with any part of the subject matter of sections 1425a-1425e of this title and not inconsistent therewith is ratified and confirmed. (Pub. L. 88-171, § 4, Nov. 4, 1963, 77 Stat. 304.)

§ 1425e. Additional powers.

Powers granted herein shall be in addition to, and not in derogation of, any powers granted by other law to, or for the benefit or assistance of, any public corporate authority. (Pub. L. 88-171, § 5, Nov. 4, 1963, 77 Stat. 304.)

§ 1426. Repealed. Aug. 2, 1954, ch. 649, title II, § 205, 68 Stat. 622.

Section, acts Apr. 23, 1949, ch. 89, § 2 (b), 63 Stat. 58; June 30, 1953, ch. 170, § 25 (b), 67 Stat. 128, related to purchase of insured mortgage loans by the Federal National Mortgage Association, with respect to property in Guam.

Trust Territory, and is now set out as section 1682 of this title. Act June 31, 1954, ch. 423, § 1, set out as a note under this section, and which related to continuance of civil government for the Trust Territory, is now set out as section 1681 of this title. Section 2 of that act, which provided for annual appropriation authorization, is set out as a note under section 1681 of this title.

Section 1436, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 458, related to auditing transactions of Pacific Trust Territory, and is now set out as section 1683 of this title.

Section 1437, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 458, related to expenditure of funds for administration of Pacific Trust Territory, and is now set out as section 1684 of this title.

Section 1438, act July 9, 1952, ch. 597, title I, § 108, 66 Stat. 460, related to transfer of property or money for administration of Pacific Trust Territory, and is now set out as section 1685 of this title.

Section 1439, act July 31, 1953, ch. 298, title I, § 1, 67 Stat. 274, related to approval by Congress of new activity in Pacific Trust Territory, and is now set out as section 1686 of this title.

Section 1440, Pub. L. 85-77, title I, § 1, July 1, 1957, 71 Stat. 266, related to expenditure of appropriations for Pacific Trust Territory for aircraft and surface vessels, and is now set out as section 1687 of this title.

Chapter 9.-SAMOA, TUTUILA, MANUA, SWAINS ISLAND, AND TRUST TERRITORY OF THE PACIFIC ISLANDS

1472.

limitation of total indebt

edness.

1474.

SS 1431-1440. Transferred.

Section 1431, act Mar. 4, 1925, ch. 563, 43 Stat. 1357, related to sovereignty of United States extended over Swains Island, and is now set out as section 1662 of this title.

Section 1431a, acts Feb. 20, 1929, ch. 281, 45 Stat. 1253; May 22, 1929, ch. 6, 46 Stat. 4, related to islands of Tutuila, Manua, and Eastern Samoa, and is now set out as section 1661 of this title.

Section 1432, act June 28, 1906, ch. 3585, 34 Stat. 552, related to acknowledgment of deeds in the islands of Somoa, and is now set out as section 1663 of this title. Section 1433, act June 14, 1934, ch. 523, 48 Stat. 963, related to inapplicability of coastwise shipping laws to Samoa, and is now set out as section 1664 of this title. Section 1434, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 457, related to purchases by governments of Samoa, and is now set out as section 1665 of this title.

Section 1435, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 458, related to purchases by governments of Pacific

1476.

1477.

1478. 1479.

1480. 1480a.

1475.

The source of most sections of this chapter is the Revised Statutes enacted in 1873 and other early statutes. The Revised Statutes can no longer apply to contiguous territory because no such territory now exists. As to noncontiguous territory, Alaska, Guam, Hawaii, Puerto Rico, and the Virgin Islands each has its own organic act, providing a complete system of government, legislative, executive, and judicial. The Canal Zone has its own code of laws. The independence of the Philippine Islands was recognized by 1946 Proc. No. 2695, July 4, 1946, set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse. The other possessions, such as Samoa, are covered by special provisions set out elsewhere in this title.

§ 1451. Rights of Indians not impaired; boundaries.

Nothing in this chapter shall be construed to impair the rights of person or property pertaining to the Indians in any Territory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of any Territory now or hereafter organized until such tribe signifies its assent to the President to be embraced within a particular Territory. (R. S. § 1839.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 2, 9 Stat. 447. Utah, act Sept. 9, 1850, ch. 51, § 1, 9 Stat. 453. Wash., act Mar. 2, 1853, ch. 90, § 1, 10 Stat. 172. Colo., act Feb. 28, 1861, ch. 59, § 1, 12 Stat. 172. Dak., act Mar. 2, 1861, ch. 86, § 1, 12 Stat. 239. Ariz., act Feb. 24, 1863, ch. 56, § 1, 12 Stat. 664. Idaho, act Mar. 3, 1863, ch. 117, § 1, 12 Stat. 808. Mont., act May 26, 1864, ch. 95, § 1, 13 Stat. 85. Wyo., act July 25, 1868, ch. 235, § 1, 15 Stat. 178.

REFERENCES IN TEXT

In the original "this chapter" referred to chapter one of Title XXIII of the Revised Statutes. Said chapter (R. S. §§ 1839-1895) is classified to sections 1451-1455, 1457— 1460a, 1463, 1463a, 1465, 1467-1470, 1480, and 1482-1485 of this title.

§ 1452. Regulation of Indians.

Nor shall anything in this chapter be construed to affect the authority of the United States to make any regulations respecting the Indians of any Territory, their lands, property, or rights, by treaty, law, or otherwise, in the same manner as might be made if no temporary government existed, or is hereafter established, in any such Territory. (R. S. § 1840.)

DERIVATION

REFERENCES IN TEXT

In the original "this chapter" referred to chapter one of Title XXIII of the Revised Statutes. For distribution of that chapter in this Code see note under section 1451 of this title.

§ 1453. Executive power.

The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. He shall reside in the Territory for which he is appointed, and shall be commander in chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the Territory for which he is appointed, and respites for offenses against the laws of the United States till the decision of the President can be made known thereon. He shall commission all officers who are appointed under the laws of such Territory, and shall take care that the laws thereof be faithfully executed. (R. S. § 1841.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 3, 9 Stat. 447. Utah, act Sept. 9, 1850, ch. 51, § 2, 9 Stat. 453. Wash., act Mar. 2, 1853, ch. 90, § 2, 10 Stat. 173. Colo., act Feb. 28, 1861, ch. 59, § 2, 12 Stat. 172. Dak., act Mar. 2, 1861, ch. 86, § 2, 12 Stat. 239. Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665. Idaho, act Mar. 3, 1863, ch. 117, § 2, 12 Stat. 809. Mont., act May 26, 1864, ch. 95, § 2, 13 Stat. 86. Wyo., act July 25, 1868, ch. 235, § 2, 15 Stat. 178; act July 19, 1876, ch. 212, 19 Stat. 91.

§ 1453a. Same; establish temporarily judicial districts and assign judges.

Temporarily, and until otherwise provided by law, the governor of every Territory which may be hereafter established shall define, by proclamation, the judicial districts of such Territory, and assign the judges appointed for such Territory to the several districts as well as fix the times and places for holding courts in the respective counties or subdivisions of each judicial district. (R. S. § 1873.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 16, 9 Stat. 452. Utah, act Sept. 9, 1850, ch. 51, § 16, 9 Stat. 458. Wash., act Mar. 2, 1853, ch. 90, § 18, 10 Stat. 179. Colo., act Feb. 28, 1861, ch. 59, § 15, 12 Stat. 176. Dak., act Mar. 2, 1861, ch. 86, § 15, 12 Stat. 243. Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665. Idaho, act Mar. 3, 1863, ch. 117, § 15, 12 Stat. 814. Mont., act May 26, 1864, ch. 95, § 15, 13 Stat. 91. Wyo., act July 25, 1868, ch. 235, § 15, 15 Stat. 183.

§ 1454. Secretary.

There shall be appointed a secretary for each Territory, who shall reside within the Territory for which he is appointed, and shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. In case of the death, removal, resignation, or absence of the governor from the Territory, the secretary shall execute all the powers and perform all the duties of governor during such vacancy or absence or until another governor is appointed and qualified. (R. S. § 1843.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 4, 9 Stat. 448. Utah, act Sept. 9, 1850, ch. 51, § 3, 9 Stat. 452. Wash., act Mar. 2, 1853, ch. 90, § 3, 10 Stat. 173. Colo., act Feb. 28, 1861, ch. 59, § 3, 12 Stat. 172. Dak., act Mar. 2, 1861, ch. 86, § 3, 12 Stat. 240. Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665. Idaho, act Mar. 3, 1863, ch. 117, § 3, 12 Stat. 809. Mont., act May 26, 1864, ch. 95, § 3, 13 Stat. 86. Wyo., act July 25, 1868, ch. 235, § 3, 15 Stat. 179.

§ 1455. Same; duties.

The secretary shall record and preserve all the laws and proceedings of the legislative assembly, and

all the acts and proceedings of the governor in the executive department; he shall transmit one copy of the laws and journals of the legislative assembly, within thirty days after the end of each session thereof, to the President, and two copies of the laws, within like time, to the President of the Senate, and to the Speaker of the House of Representatives, for the use of Congress. He shall transmit one copy of the executive proceedings and official correspondence semiannually, on the 1st day of January and July in each year, to the President. He shall prepare the acts passed by the legislative assembly for publication, and furnish a copy thereof to the public printer of the Territory, within ten days after the passage of each act. (R. S. § 1844.)

DERIVATION

Act Aug. 29, 1842, ch. 259, § 2, 5 Stat. 541. N. M., act Sept. 9, 1850, ch. 49, § 4, 9 Stat. 448. Utah, act Sept. 9, 1850, ch. 51, § 3, 9 Stat. 452. Wash., act Mar. 2, 1853, ch. 90, § 3, 10 Stat. 173. Colo., act Feb. 28, 1861, ch. 59, § 3, 12 Stat. 172. Dak., act Mar. 2, 1861, ch. 86, § 3, 12 Stat. 240. Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665. Idaho, act Mar. 3, 1863, ch. 117, § 3, 12 Stat. 809. Mont., act May 26, 1864, ch. 95, § 3, 13 Stat. 86. Wyo., act July 25, 1868, ch. 235, § 3, 15 Stat. 179; act June 20, 1874, ch. 328, 18 Stat. 99.

COPIES TO SURVEYOR-GENERAL

The Secretary of each Territory was required to furnish to the Surveyor-General a copy of every act of the legislature incorporating any city or town, by a provision of act Mar. 3, 1877, ch. 113, § 3, 19 Stat. 392, which provision was superseded by the prohibition of the passage by the legislatures of the Territories of special acts incorporating cities or towns, by section 1471 of this title. § 1456. Repealed. Sept. 12, 1950, ch. 946, title III, § 301 (106), 64 Stat. 844.

Section, acts June 20, 1874, ch. 328, § 1, 18 Stat. 99; June 10, 1921, ch. 18, § 215, 42 Stat. 23, made it the duty of the secretary of each Territory to furnish annual estimates for expenses to the Secretary of the Treasury.

SAVINGS CLAUSE

Jurisdiction or responsibility of any agency or officer over any function or organizational unit, referred to in this former section, as affected by its repeal, see note under former sections 582-591 of Title 31, Money and Finance.

§ 1457. Extra compensation to officers.

No law of any Territorial legislature shall be made or enforced by which the governor or secretary of a Territory, or the members or officers of any Territorial legislature are paid any compensation other than that provided by the laws of the United States. (R. S. 1855.)

DERIVATION

Act Jan. 23, 1873, ch. 48, § 4, 17 Stat. 416.

§ 1458. Other officers.

All township, district, and county officers, except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of each Territory; and all other officers not herein otherwise provided for, the governor shall nominate, and by and with the advice and consent of the legislative council of each Territory, shall appoint; but, in the first instance, where a new Territory is hereafter created by Congress, the governor alone may appoint all the officers referred to in this section and assign them to their respective townships, districts, and counties; and the officers so appointed shall hold

their offices until the end of the first session of the legislative assembly. (R. S. § 1857.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 8, 9 Stat. 449; Utah, act Sept. 9, 1850, ch. 51, § 7, 9 Stat. 455; Wash., act Mar. 2, 1853, ch. 90, § 7, 10 Stat. 175; Colo., act Feb. 28, 1861, ch. 59, § 7, 12 Stat. 174; Dak., act Mar. 2, 1861, ch. 86, § 7. 12 Stat 241; Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665; Idaho, act Mar. 3, 1863, ch. 117, § 7, 12 Stat. 811; Mont., act May 26, 1864, ch. 95, § 7, 13 Stat. 88; Wyo., act July 25, 1868, ch. 235, § 7, 15 Stat. 180.

SECTION AS A GENERAL STATUTE

The Attorney General of Alaska, commenting on this section under date of June 9, 1927, doubts whether R. S. § 1857, constituting the section is a general statute. He says:

"This section is an exact copy of section 1857 R. S. But in the Revised Statutes it erroneously appears as a general statute, whereas in fact it was only a special statute in this that it was made a part of the Organic Act of each Territory separately and successively organized. While thus the provisions of this section were a part of the law governing each Territory, it could not be said to be such a general law as would govern the future Territories unless embodied in the Organic Act of the Territories thereafter created. It was not embodied in the Organic Act of Alaska and has been treated as not applicable to this Territory for the reasons above stated and it would not seem to me that at present it applies to this or any other Territory.

"Not only on account of the fact that this statute is a special enactment for the Territories severally, but on account of the fact that it refers to a legislative 'Council' does it seem to be inapplicable to the present Territories. The legislative assembly of the present Territories is divided into a 'Senate' and 'House of Representatives.' The 'Council' of the earlier Territories cannot be said to be tantamount to or identical with a 'Senate' of the modern Territories. The present Senates are continuous bodies one-half of the membership of which is elected every two years for a term of four years, while the members of the Council of the old Territories were elected every two years for a term of two years the same as were the members of the House of Representatives."

§ 1459. Vacancies, how filled.

In any of the Territories, whenever a vacancy happens from resignation or death, during the recess of the legislative council, in any office which, under the organic act of any Territory, is to be filled by appointment of the governor, by and with the advice and consent of the council, the governor shall fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislative council. (R. S. § 1858.)

DERIVATION

Act June 8, 1872, ch. 344, 17 Stat. 335.

§ 1460. Qualification of voters; holding office.

At all elections subsequent to the first election, in any Territory hereafter organized by Congress, as well as at all elections in Territories already organized, the qualifications of voters and of holding office shall be such as may be prescribed by the legislative assembly of each Territory; subject, nevertheless, to the following restrictions on the power of the legislative assembly, namely:

First. The right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and by those above that age who have declared on oath, before a competent court of record, their intention to become such and have taken an oath to support

the Constitution and Government of the United States.

Second. There shall be no denial of the elective franchise or of holding office to a citizen on account of race, color, or previous condition of servitude.

Third. No officer, soldier, seaman, mariner, or other person in the Army or Navy, or attached to troops in the service of the United States, shall be allowed to vote in any Territory, by reason of being on service therein, unless such Territory is, and has been for the period of six months, his permanent domicile.

Fourth. No person belonging to the Army, Navy, Marine Corps, or Coast Guard shall be elected to or hold any civil office or appointment in any Territory, except officers and enlisted men of the Army, the Navy, the Marine Corps, or the Coast Guard on the retired list, and except officers of the Coast Guard who heretofore have been, or hereafter may be, appointed as United States Commissioners or United States Deputy Marshals in and for the Territory of Alaska. (R. S. § 1860; Mar. 3, 1883, ch. 134, 22 Stat. 567; July 31, 1939, ch. 399, 53 Stat. 1143.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 9, 9 Stat. 449; Utah, act Sept. 9, 1850, ch. 51, § 8, 9 Stat. 455; Wash., act Mar. 2. 1853, ch. 90, § 8, 10 Stat. 175; Colo., act Feb. 28, 1861, ch. 59, § 8, 12 Stat. 174; Dak., act Mar. 2, 1861, ch. 86, § 8, 12 Stat. 241; Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665; Idaho, act Mar. 3, 1863, ch. 117, § 8, 12 Stat. 811; Mont.. act May 26, 1864, ch. 95, § 8, 13 Stat. 88; Wyo., act July 25. 1868, ch. 235, § 8, 15 Stat. 180.

AMENDMENTS

1939-Act July 31, 1939, added the references to the Marine Corps and the Coast Guard and the second "except" clause in cl. fourth.

1883-Act Mar. 3, 1883, added the exception as to officers of the Army on the retired list in cl. fourth.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out as a note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but that Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

§ 1460a. Members of legislature; restrictions.

No member of the legislative assembly of any Territory now organized shall hold or be appointed to any office which has been created, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall not be applicable to members of the first legislative assembly in any Territory hereafter organized; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of any Territory. (R. S 1854; Feb. 22, 1889, ch. 180, 25 Stat. 676; Nov. 11, 1889, No. 8, 26 Stat. 1552, 1553.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 9, 9 Stat. 449; Utah, act Sept. 9, 1850, ch. 51, § 8, 9 Stat. 455; Wash., act Mar. 2, 1853, ch. 90, § 8, 10 Stat. 175; Colo., act Feb. 28, 1861, ch. 59, § 8, 12 Stat. 174; Dak., act Mar. 2, 1861, ch. 86, $ 8, 12 Stat. 241; Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665; Idaho, act Mar. 3, 1863, ch. 117, § 8, 12 Stat. £11; Mont., act May 26, 1864, ch. 95, § 8, 13 Stat. 88; Wyo., act July 25, 1868, ch. 235, § 8, 15 Stat. 180. CODIFICATION

As originally enacted this section contained an additional sentence which provided that the exception of postmasters should not apply in the Territory of Washington. The sentence was omitted in view of act Feb. 22, 1889, which provided for creation of the State of Washington, and of 1889 Proc. No. 8, which provided for the admission of that State into the Union.

§ 1461. Same; bigamist.

No polygamist, bigamist, or any person cohabiting with more than one woman, and no woman cohabiting with any of the persons described as aforesaid in this section, in any Territory or other place over which the United States has exclusive jurisdiction, shall be entitled to vote at any election held in any such Territory, or other place, or be eligible for election or appointment to or be entitled to hold any office or place of public trust, honor, or emolument in, under, or for any such Territory or place, or under the United States. (Mar. 22, 1882, ch. 47, § 8, 22 Stat. 31.)

§ 1462. Subordinate officers of legislature.

The subordinate officers of each branch of said Territorial legislatures shall consist of one chief clerk, who shall receive a compensation of $6 per day; one enrolling and engrossing clerk at $5 per day; sergeant at arms and doorkeeper, at $5 per day; one messenger and watchman, at $4 per day each; and one chaplain, at $1.50 per day. Said sums shall be paid only during the sessions of said legislatures; and no greater number of officers or charges per diem shall be paid or allowed by the United States to any Territory. (June 19, 1878, ch. 329, § 1, 20 Stat. 193.) CODIFICATION

Section, as originally enacted, contained an additional sentence, reciting the repeal of R. S. § 1861, and the substitution of this section in lieu thereof, which has been omitted as executed.

§ 1463. Chancery and common-law jurisdiction.

The supreme court and the district courts, respectively, of every Territory, shall possess chancery as well as common-law jurisdiction. (R. S. § 1868.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 10, 9 Stat. 449. Utah, act Sept. 9, 1850, ch. 51, § 9, 9 Stat. 455. Wash., act Mar. 2, 1853, ch. 90, § 9, 10 Stat. 175. Colo., act Feb. 28, 1861, ch. 59, § 9, 12 Stat. 174. Dak., act Mar. 2. 1861, ch. 86, § 9, 12 Stat. 241. Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665. Idaho, act Mar. 3, 1863, ch. 117, § 9, 12 Stat. 811. Mont., act May 26, 1864, ch. 95, § 9, 13 Stat. 88. Wyo., act July 25, 1860, ch. 235, § 9, 15 Stat. 180; act Apr. 7, 1874, ch. 80, 18 Stat. 27.

§ 1463a. Supreme Court; justices; appointment and tenure of office.

The supreme court of every Territory shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and they shall hold their offices for four years, and until their successors are appointed and qualified. They shall hold

N. M., act Sept. 9, 1850, ch. 49, § 10, 9 Stat. 449. Utah, act Sept. 9, 1850, ch. 51, § 9, 9 Stat. 455. Wash., act Mar. 2, 1853, ch. 90, § 9, 10 Stat. 175. Colo., act Feb. 28, 1861, ch. 59, § 9, 12 Stat. 174. Dak., act Mar. 2, 1861, ch. 86, § 9, 12 Stat. 241. Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665. Idaho, act Mar. 3, 1863, ch. 117, § 9, 12 Stat. 811. Mont., act May 26, 1864, ch. 95, § 9, 13 Stat. 88. Wyo., act July 25, 1868, ch. 235, § 9, 15 Stat. 180.

§ 1464. Same; exercise under codes.

It shall not be necessary in any of the courts of the several Territories of the United States to exercise separately the common-law and chancery jurisdictions vested in said courts; and the several codes and rules of practice adopted in said Territories respectively, insofar as they authorize a mingling of said jurisdictions or a uniform course of proceeding in all cases whether legal or equitable, are confirmed; and all proceedings heretofore had or taken in said courts in conformity with said respective codes and rules of practice, so far as relates to the form and mode of proceeding, are hereby validated and confirmed: Provided, That no party has been or shall be deprived of the right of trial by jury in cases cognizable at common law. (Apr. 7, 1874, ch. 80, § 1, 18 Stat.

27.)

§ 1465. Oath of office.

The governor and secretary for each Territory shall, before they act as such, respectively take an oath before the district judge, or some justice of the peace in the limits of the Territory for which they are appointed, duly authorized to administer oaths by the laws in force therein, or before the Chief Justice or some Associate Justice of the Supreme Court of the United States, to support the Constitution of the United States and faithfully to discnarge the duties of their respective offices; and such oaths shall be certified by the person before whom the same are taken; and such certificates shall be received and recorded by the secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers appointed for any Territory, before they act as such, shall take a like oath before the governor or secretary, or some judge or justice of the peace of the Territory who may be duly commissioned and qualified, and such oath shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as above directed; but after the first qualification of the officers herein specified in the case of a new Territory, as well as in all organized Territories, the like oath shall be taken, certified, and recorded in such manner and form as may be prescribed by the law of each Territory. (R. S. § 1878.)

DERIVATION

N. M., act Sept. 9, 1850, ch. 49, § 12, 9 Stat. 450. Utah, act Sept. 9, 1850, ch. 51, § 11, 9 Stat. 456. Wash., act Mar. 2, 1853, ch. 90, § 11, 10 Stat. 176. Colo., act Feb. 28, 1861, ch. 59, § 11, 12 Stat. 175. Dak., act Mar. 2, 1861, ch. 86, § 11, 12 Stat. 242. Ariz., act Feb. 24, 1863, ch. 56, § 2, 12 Stat. 665. Idaho, act Mar. 3, 1863, ch. 117, § 11. 12 Stat. 812. Mont., act May 26, 1864, ch. 95, § 11, 13 Stat. 90. Wyo., act July 25, 1868, ch. 235, § 11, 15 Stat. 181; act May 1, 1876, ch. 88, 19 Stat. 43.

CROSS REFERENCES

Oaths to be administered by notaries public appointed in any Territory, by clerks and prothonotaries of courts of record of any Territory and their deputies, and by all magistrates authorized by laws of that Territory, see section 92a of Title 5, Executive Departments and Government Officers and Employees.

§ 1466. Commencement of salaries of officers.

Payment of salaries of all officers of the Territories of the United States appointed by the President shall commence only when the person appointed to any such office shall take the proper oath, and shall enter upon the duties of such office in such Territory; and said oath shall hereafter be administered in the Territory in which such office is held. (May 1, 1876, ch. 88, 19 Stat. 43.)

CODIFICATION

This was a provision of the deficiency appropriation act for the fiscal year 1876.

§ 1467. Fees.

The fees and costs to be allowed to the United States attorneys and marshals, to the clerks of the supreme and district courts, and to jurors, witnesses, commissioners, and printers, in the Territories of the United States shall be the same for similar services by such persons as prescribed in chapter sixteen, Title "The Judiciary," and no other compensation shall be taxed or allowed. (R. S. § 1883.)

DERIVATION

Act June 23, 1874, ch. 469, § 7, 18 Stat. 256.

REFERENCES IN TEXT

The reference to chapter sixteen, Title "The Judiciary", means chapter sixteen of Title XIII of the Revised Statutes. That chapter was composed of sections 832857 of those statutes. Of these, sections 823, 824, 828, 829, 832-834, 838, 846, 848-855 and 857 were classified to former Title 28 of the Code. In the revision of that Title 28, they were all repealed, except sections 853 and 854. The provisions of those repealed sections, with the exception of those contained in sections 832, 851 and 857, were incorporated in sections 507, 509, 550, 551, 553, 751, 1821, 1823, 1825, 1871, 1914, 1921, 1923 and 1929 of present Title 28, Judiciary and Judicial Procedure. Sections 853 and 854 of the Revised Statutes are now classified to sections 325 and 326, respectively, of Title 44, Public Printing and Documents.

§ 1468. Salary not paid when officer absent.

When any officer of a Territory is absent therefrom, and from the duties of his office, no salary shall be paid him during the year in which such absence occurs, unless good cause therefor be shown to the President, who shall officially certify his opinion of such cause to the Comptroller General, to be filed in his office. (R. S. § 1884; June 10, 1921, ch. 18, § 304, 42 Stat. 24.)

DERIVATION

Act June 15, 1852, ch. 49, § 1, 10 Stat. 10.

AMENDMENTS

1921-Act June 10, 1921, substituted "Comptroller General" for "proper accounting officer of the Treasury." That Act, transferring to the General Accounting Office, all powers and duties of Comptroller of Treasury and other officers is set out as section 44 of Title 31, Money and Finance.

§ 1469. Accounts and disbursements of Territories.

All accounts for disbursements, in the Territories of the United States, of money appropriated by Congress for the support of government therein, shall

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Libros

United States Code, Volumen10