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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.
SEC. 1879. The annual salary of the chief justice and associate jsstices of all the territories now organized shall be three thousand dollars each.
SEC. 1880. The salary of the attorney for the United States for each territory shall be at the rate of two hundred and fifty dollars annually.
Sec. 1881. The salary of the marshall of the United States for each territory shall be at the rate of two hundred dollars a year.
SEC. 1882. The salaries provided for in this title, to be paid to the governor, secretary, chief justices, and associate justices, district attorney, and marshall of the several territories, shall be paid quarter-yearly at the treasury of the United States.
Sec. 1883. 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, commissoners, and printers in the territories of the United States shall be the same for similar services by such persons as prescribed in chapter 16, title “THE JUDICIARY,” and no other compensation shall be taxed or allowed.
SEC. 1884. When any officer of a territory is absent therefrom, and from the duties of his oflice, 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 proper accounting officer of the treasury, to be filed in his office.
SEC. 1885. The legislative assembly of every territory hereafter organized shall hold its first session at such time and place in the territory as the governor thereof shall appoint and direct; and at the first session of the legislative assembly, or as soon thereafter as it may be deemed expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for the territory at such place as they may think proper; but
; such place shall thereafter be subject to be changed by the governor and legislative assembly.
SEC. 1886. All accounts for disbursements in the territories of the United States, of money, appropriated by congress for the support of government, therein shall be settled and adjusted at the treasury department; and no act, resolution, or order of the legis. lature of any territory, directing the expenditure of the sum, shall be deemed a snfficient authority for such disbursement, but sufficient vouchers and proof for the same shall be required by the accounting officers af the treasury. No payment shall be made or allowed, unless the secretary of the treasury has estimated therefor and the object been approved by congress. No session of the legislature of a territory shall be held until the appropriation for its expenses has been made.
SEC. 1888. No legislative assembly of a territory shall, in any instance or under any pretext, exceed the amount appropriated by congress for its annual expenses.
SEC. 1889. The legislative assemblies of the several territories shall not grant private charters or especial privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits, or the construction or operation of railroads, wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable or scientific association.
SEC. 1890. No corporation or association for religious or charitable purposes shall acquire or hold real estate in any terri- . tory, during the existence of a territorial government, of a greater value than fifty thousand dollars; and all real estate acquired or held by such corporation or association contrary hereto shall be forfeited and escheat to the United States; but existing vested rights in real estate shall not be impaired by the provisions of this section.
SEC. 1891. The constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect in all the organized territories, and in every territory hereafter organized, as elsewhere within the United States.
SEC. 1892. Any penitentiary which has been, or may hereafter be, erected by the United States in an organized territory shall, when the same is ready for the reception of convicts, be placed under the care and control of the marshal of the United States for the territory or district in which said penitentiary is situated, except as otherwise provided in the case of the penitentiaries in Montana, Idaho, Wyoming and Colorado.
SEC. 1893. The attorney general of the United States shall prescribe all needful rules and regulations for the government of such penitentiary, and the marshal having charge thereof shall cause them to be duly and faithfully executed and obeyed, and the reasonable compensation of the marshal and of his deputies for their services under such regulations as shall be fixed by the attorney general.
SEC. 1894. The compensation, as well as the expense incident to the subsistence and employment of offenders against the laws of the United States, who have been, or may hereafter be, sentenced to imprisonment in such penitentiary, shall be chargeable to and payable out of, the fund for defraying the expenses of suits in which the United Staces are concerned, and of prosecutions for offenses committed against the United States; but nothing herein shall be construed to increase the maximum compensation now allowed by law to those officers.
SEC. 1895. Any person convicted by a court of competent jurisdiction in a territory, for a violation of the laws thereof, and sentenced to imprisonment, may, at the cost of such territory, on such terms and conditions as may be prescribed by such rules and regulations, be received, subsisted, and employed in such penitentiary during the term of his imprisonment, in the same manner as if he had been convicted of an offence against the laws of the United States.
CHAP. 818.-An act to prohibit the passage of local or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the legislatures of the Territories of the United States now or hereafter to be organized shall not pass local or special laws in any of the following enumerated cases, that is to say,
Regulating the jurisdiction and duties of justices of the peace, police magistrates and constables.
Providing for changes of venue for civil and criminal cases.
Incorporating cities, towns, or villages, or changing or amending the charter of any town, city, or village.
For the punishment of crimes or misdemeanors.
For the assessment and collection of taxes for territorial, county, township or road purposes.
Summoning and impaneling grand or pettit jurors.
The opening and conducting of any election or designating the place of voting
The sale or mortgage of real estate belonging to minors or others under disability.
The protection of game or fish.
Creating, increasing, or decreasing fees, percentage or allowances of public officers during the term for which said oflicers are elected or appointed.
Changing the law of descent.
Granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purpose.
Granting to any corporation, association or individual any sp or exclusive privilege, immunity, or franchise whatever.
In all other cases where a general law can be made applic no special law shall be enacted in any of the territories of the United States by the territorial legislatures thereof. SEC. 2.
That no territory of the United States now or herea to be organized, or any political or municipal corporation or subdivision of any such territory, shall hereafter make any subscription to the capital stock of any incorporated company, or company or association having corporate powers, or in any manner loan its credit to or use it for the benefit of any such company or association, or borrow any money for the use of any such company or association.
That no law of any territorial legislature shall authorize any debt to be contracted by or on behalf of such territory exin the following cases: To meet a casual deficit in the revenues, to pay the interest upon the territorial debt, to suppress insurrections, or to provide for the public defense, except that in addition to any indebtedness created for such purposes, the legislature may authorize a loan for the erection of penal, charitable or educational iustitutions for such territory, if the total indebtedness of the territory is not thereby made to exceed one per centum upon the assessed value of the taxable property in such territory as shown by the last general assessment for taxation. And nothing in this act shall be construed to prohibit the refunding of any existing indebtedness of such territory or of any political or municipal corporation, county or other sub-division therein.
SEC. 4. That no political or municipal corporation, county, or other sub-division in any of the territories of the United States, shall ever become indebted in any manner or for any purpose to any amount in the aggregate, including existing indebtedness, exceeding four per centum on the value of the taxable property within such corporation, county or sub-division, to be ascertained by the last assessment for territorial and county taxes previous to the incurring of such indebtedness; and all bonds or obligations in excess of such amount given by such corporation shall be void: That nothing in this act contained shall be so construed as
to affect the validity of any act of any territorial legislature heretofore enacted, or of any obligations existing or contracted thereunder, nor to preclude the issuing of bonds already contracted for in pursuance of express provisions of law; nor to prevent any territorial legislature from legalizing the acts of any county, municipal corporation, or sub-division of any territory as to any bonds heretofore issued or contracted to be issued.
SEC. 5. That section eighteen hundred and eighty-nine, title twenty-one, of the revised statutes of the United States be amended to read as follows:
“The legislative assemblies of the several territories shall not grant private charters or special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing and other industrial pursuits, and for conducting the business of insurance, banks of discount and deposit (but not of issue) loan, trust, and guarantee associations, and for the construction or operation of railroads, wagon-roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any other benevolent, charitable or scientific association."
Sec. 6. That nothing in this act contained shall be construed to abridge the power of congress to annul any law passed by a territorial legislature, or to modify any existing law of congress requir. ing in any case that the laws of any territory shall be submitted to congress.
That all acts and parts of acts hereafter passed by any territorial legislature in conflict with the provisions of this act shall be null and void.
Approved July 30, 1886. CHAP. 340.--An act to restrict the ownership of real estate in the territories to American citizens, and so forth.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person or persons not citizens of the United States or who have not lawfully declared their intention to become such citizens, or for any corporation not created by or under the laws of the United States or of some state or territory of the United States, to hereafter acquire, hold, or own real estate so hereafter acquired, or any interest therein, in any of the territories of the United States or in the District of Columbia, except such as may be acquired by inheritance or in good faith in the ordinary course of justice in the collection of debts heretofore created; Provided, That the prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existing treaties to the citizens or subjects of foreign countries, which rights,