COLORADO.

CHAP. 147.-AN ACT to further the administration of justice in the State of Colorado.

SECTION 1. United States laws applied in ColoradoDistricts, judges, etc.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when the State of Colorado shall be admitted into the union, according to the provisions of the act entitled "An act, to enable the people of Colorado to form a constitution and State government, and for the admission of said State into the union on an equal footing with the original states," approved, March third, eighteen hundred and seventyfive, the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States, and said State shall constitute one judicial district, to be called the district of Colorado; and for said district a district judge, and a marshal, and a district attorney of the United States shall be appointed by the president, by and with the advice and consent of the senate, with the same rights, powers and duties, provided by law for similar officers in the other states, except as herein otherwise provided; and said district of Colorado shall be attached to, and constitute a part of, the eighth judicial circuit; and a term of the circuit court and district court for said district, shall be held at Denver in said State, on the first Tuesday of July and the first Tuesday of December in each year. And one grand and one petit jury only shall be summoned and serve in both of said courts.

SEC. 2. Powers and jurisdiction.-That the circuit and district courts for the district of Colorado, and the judges thereof respectively, shall possess the same powers and jurisdiction, and perform the same duties possessed and required to be performed, by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations.

SEC. 3. Salary of district judge.-That the district. judge appointed for the district of Colorado, shall receive, as his compensation, the sum of three thousand five hundred dollars a year, payable in four equal installments on the first days of January, April, July and October of each year.

SEC. 4. Marshal-powers, duties and compensation-clerk-district attorney. That the marshal, district attorney, and the clerk of the circuit and district courts of said district of Colorado, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to other similar officers and persons performing similar duties by the laws of the United States, excepting such provisions thereof as are specially applicable to some particular officer or district.

SEC. 5. Appeals from, and writs of error to supreme court of territory-successor to courts of territory.— That in 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 Colorado, or that may hereafter be lawfully prosecuted from said court, may be heard and determined by the Supreme Court of the United States, and the remand of execution, or of further proceedings, shall be directed by the Supreme Court of the United States to the circuit or district court of the district of Colorado, or to the Supreme Court of the State of Colorado, as the nature of the case may require; and each of said last mentioned courts shall be the successor of the Supreme Court of Colorado Territory as to all such cases, with full power to proceed with the same, and to award mesne or final process therein.

SEC. 6.

Right of appeal, and writ of error to supreme court of territory. That from all judgments and

decrees of the Supreme Court of the Territory of Colorado prior to its admission as a State, the parties to such judgments shall have the same rights to prosecute appeals and writs of error to the Supreme Court as they shall have had by law prior to the admission of said State into the Union.

SEC. 7. District judge of Nebraska to act temporarily. That until the judge for said district of Colorado shall be duly appointed and qualified, the district judge of the United States for the district of Nebraska shall act as the district judge of the district of Colorado, and shall have and exercise the same jurisdiction and powers in the district hereby created as he has in the district of Nebraska.

SEC. 8. Transfer of causes from territorial to district and circuit courts.-That in respect to all cases, proceedings, and matters pending in the supreme and district courts of the Territory of Colorado at the time of the admission of said State into the Union, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had said courts existed at the time of the commencement of such cases, the said circuit and district courts, respectively, shall be the successors of said supreme and district courts of said Territory; and all the files, records and proceedings relating thereto shall be transferred to said circuit and district courts, respectively, and the same shall be proceeded with therein in due course of law.

Approved June 26, 1876.

SEC. 551. District judges, appointment and residence. A district judge shall be appointed for each district, except in the cases hereinafter provided. Every such judge shall reside in the district for which he is appointed, and for offending against this provision shall be deemed guilty of a high misdemeanor.

Conn., Del., Md., Mass., N. H., N. J., N. Y., Pa., Me., Va., Ky., 24 Sept., 1789, c. 20, s. 3, v. 1, p. 73; 18 Dec., 1812, c. 5, v. 2, p. 788. Ark., 15 June, 1836, c. 100, s. 4, v. 5. p. 51. Cal., 27 July, 1866, c. 280, s. 1, v. 14, p. 300. Fla., 3 Mar., 1845, c. 75, s. 3, v. 5, p. 788; 23 Feb., 1847, c. 20, s. 1, v. 9, p. 131. Ill., 3 Mar., 1819, c. 70, s. 2, v. 3, p. 502; 13 Feb., 1855, c. 96, s. 7, v. 10, p. 607. Ind., 3 Mar., 1817, c. 100, s. 2, v. 3, p. 390. Iowa, 3 Mar., 1845, c. 76, s. 2, v. 5, p. 789. Kans., 29 Jan., 1861, c. 20, s. 4, v. 12, p. 128. La., 27 July, 1866, c. 280, s. 1, v. 14, p. 300. Minn., 11 May, 1858, c. 31, s. 3, v. 11, p. 285. Mo., 16 Mar., 1822, c. 12, s. 2, v. 3, p. 653; 3 Mar., 1857, c. 100, s. 7, v. 11, p. 198. Mich., 1 July, 1836, c. 234, s. 2, v. 5, p. 62; 24 Feb., 1863, c. 54, s. 7, v. 12, p. 661. N. Y., 29 April, 1812, c. 71, s. 1, v. 2, p. 719; 9 April, 1814, c. 49, s 2, v. 3, p. 120; 25 Feb., 1865, c. 54, s. 1, v. 13, p. 438. Nebr., 25 Mar, 1867, c. 7, s. 1, v. 15, p. 5. Nev., 27 Feb., 1865, c. 64, s. 1, v. 13, p. 440. N. C., 4 June, 1790, c. 17, s. 2, v. 1, p. 126; 29 April, 102, C. 31. s. 7, v. 2, p. 162; 4 June, 1872, c. 282, s. 8, v. 17, p. 217. Ohio, 19 Feb., 1803, c. 7, s. 2, v. 2, p. 201; 10 Feb., 1855, c. 73, s. 7, v. 10, p. 605. Oreg.,

3 Mar., 1857, c. 85, s. 2, v. 11, p. 437. Pa., 20 April, 1818, c. 108, ss. 2, 3, v. 3, p. 462; 26 May, 1824, c. 170, v. 4, p. 50. R. I., 23 June, 1790, c 21, s. 2, v. 1, p. 128. Texas, 29 Dec., 1845, c. 1, s. 2, v. 9, p. 1; 21 Feb., 1857, c. 57, s. 5, v. 11, p. 165. Vt., 2 Mar., 1791. c. 12, s. 2, v. 1, p. 197. Va., 3 Feb., 1871, c. 35, s. 8, v. 16, p. 404. W. Va., 11 June, 1864, c. 120, s. 1, v. 13, p. 124. Wis., 6 Aug., 1846, c. 89, s. 4, v. 9, p. 57; 29 June, 1870, c. 175, s. 8, v. 16, p. 172.

SEC. 552. Judges in Alabama, Georgia, Mississippi, North Carolina, South Carolina and Tennessee.-There shall be appointed in each of the States of Alabama, Georgia, Mississippi, South Carolina and Tennessee, one district judge, who shall be district judge for each of the districts included in the State for which he is appointed, and shall reside within some one of the said districts. And for offending against this provision, such judges shall be liable as in the preceding sec

tion.

24 Sept., 1789, c. 20, s. 3, v. 1, p. 73; 18 Dec., 1812, c. 5, v. 2, p. 783. Ala., 21 April, 1820, c. 47, s. 2, v. 3, p. 564; 6 Feb., 1839, c. 20, s. 2, v. 5, p.315; 10 Mar., 1824, c. 28, s. 2, v. 4, p. 9; 7 Aug., 1848, c. 143, s. 1, v. 9, p. 274. Ga., 11 Aug., 1848, c. 151, s. 2, v. 9, p. 280. Miss., 3 April, 1818, c. 29, s. 2, v. 3, p. 413; 18 June, 1838, c. 115, s. 2, v. 5. p. 247. S. C., 21 Feb., 1823, c. 11, v. 3, p. 726. Tenn., 31 Jan., 1797, c. 2, s. 2, v. 1, p. 496; 18 June, 1838, c. 118, s. 3, v. 5, p. 250; 18 Jan., 1839, c. 3, s. 1, v. 5, p. 313.

SEC. 553. District judge of southern district of Florida. The district judge for the southern district of Florida shall reside at Key West.

23 Feb., 1847, c. 20, s. 1, v. 9, p. 131.

SEC. 554. Salaries of district judges.-District judges are entitled to receive yearly salaries at the following rates, payable quarterly from the treasury: The judge of the district of California five thousand dollars; the judge of the district of Louisiana four thousand five hundred dollars; the judges of the district of Massachusetts; the northern, southern and eastern districts of New York; the eastern and western districts of Pennsylvania; the district of New Jersey; the district of Maryland; the southern district of Ohio, and the northern district of Illinois, four thousand dollars. The judges of all other districts three thousand five hundred dollars. No