26. The amount of land that may be entered under this method is proportionate to the number of inhabitants. One hundred and less than two hundred inhabitants may enter not to exceed 230 acres; two hundred and less than one thousand inhabitants may enter not to exceed 640 acres; and where the inhabitants number one thousand and over, an amount not to exceed 1280 acres may be entered; and for each additional one thousand inhabitants, not to exceed five thousand in all, a further amount of 320 acres may be allowed. When the number of inhabitants of a town is less than one hundred, the townsite shall be restricted to the land actually occupied for town purposes by legal subdivisions. (See section 2389 U. S. R. S.)

27.

Where an entry is made of less than the maximum quantity of land allowed for townsite purposes, additional entries may be made of contiguous tracts occupied for town purposes, which when added to the previous entry or entries, will not exceed 2,460 acres; but no additional entry can be allowed which will make the total area exceed the area to which the town may be entitled by virtue of its population. (See Sec. 4 of the Act of March 3, 1877, 19 State, 392.)

28. The land must be paid for at the government price per acre and proof must be furnished relating-1st, to the municipal occupation of the land; 2nd, number of inhabitants; 3rd, extent and value of town improvements; 4th, date, when land was first used for townsite purposes; 5th, official character and authority of officer making entry; 6th, if an incorporated town, proof of incorporation, which should be a certified copy of the act of incorporaton; and, 7th, that a majority of the occupants or owners of the lots within the town desire that such action be taken. Thirty days' publication of notice of intention to make proof must be made and proof of publication furnished. (See section 2387, U. S. R. S.) 29. All surveys for townsites on said lands shall contain reservations for parks (of substantial equal area if more than one park, and for schools and other public purposes embracing in the aggregate not less than ten or more than twenty acres, and patents for such reservations to be maintained for such purposes, will be issued to the towns respectively when organized as municipalities. (See section 22, Act of May 2, 1890, 26 Stat., 92.)

30. In case any of said lands which may be entered under the homestead laws by a person who is entitled to perfect his title thereto under such laws, are required for townsite purposes, the entryman may apply to the Secretary of the Interior to purchase the land embaced in said homestead, or any part thereof not less than a legal subdivision for townsite purposes. The party must file, in the district office with his application, a plat of the proposed townsite, and evidence of his qualifications to perfect title under the homestead law, and of his compliance with all the requirements of the laws and instructions thereunder, and must deposit with the Secretary of the Interior the sum of ten dollars per acre for all the land embraced in such townsite, except the lands to be donated and maintained for public purposes as mentioned in the preceding paragraph. (See section 22, act of May 2, 1890, 26 Stat., 92.)

Notice is moreover hereby given, that it is by law enacted that no person shall be permitted to occupy or enter upon any of the lands herein referred to, except in the manner prescribed by this proclamation; and any person otherwise occupying or entering upon any of said land shall forfeit all right to acquire any of said lands, and that the officers of the United States will be required to enforce this provision. And further notice is hereby given that four land districts have been established in Oklahoma Territory with boundaries as follows:

The Perry district bounded and described as follows: Beginning at the middle of the main channel of the Arkansas River, where the same is intersected by the northern boundary of Oklahoma Territory; thence

west to the northwest corner of township 20 north, range 2 west of the Indian Meridian; thence south on the range line between ranges 2 and 3 west to the southwest corner of lot 3 of section 31, township 20 north, range 2 west; thence east to the southeast corner of lot 4 of section 36, township 20 north, range 4 east; thence south on the range line between ranges 4 and 5 east to the middle of the main channel of the Cimarron River; thence down said river in the middle of the main channel thereof, to the western boundary of the Creek Country; thence north to the northwest corner of the Creek country; thence east on the northern boundary of the Creek country to the middle of the main channel of the Arkansas River; thence up said river in the middle of the main channel thereof to the place of beginning; the local land office of which will be located at the town of Perry in the County of P.

The Enid district bounded and described as follows: Beginning at the northeast corner of township 20 north, range 3 west of the Indian Meridian; thence west to the northwest corner of township 20, range 8 west; thence south on the range line between ranges 8 and 9 west to the southwest corner of lot 3 of section 31, township 20 north, range 8 west; thence east to the southeast corner of lot 4 of section 36, township 20 north, range 3 west; thence north on the range line between ranges 2 and 3 of which will be. west to the place of beginning; the local land office located at the town of Enid in County O.

The Alva district, bounded and described as follows: Beginning at 9 west of the Indian the northeast corner of township 29 north, range Meridian; thence west to the northwest corner of township 29 north; range 16 west; thence south on the range line between ranges 16 and 17 west to the southwest corner of lots 3 of section 31, township 20 north, range 16 west; thence east to the southeast corner of lot 4 of section 35, township 20 north, range 9 west; thence north on the range line between ranges 8 and 9 west to the place of beginning; the local land office of which will be located at the town of Alva, in County M.

The Woodward land district bounded and described as follows: Beginning at the northeast corner of township 29 north, range 17 west of northwest corner of township the Indian Meridian; thence west to the

29 north, range 26 west; thence south to the southwest corner of lot 3 26 east the west; thence to of section 32, township 20 north, range southeast corner of lot 4, section 36, township 20 north, range 17 west; thence north on the range line between ranges 16 and 17 west to the place of beginning: the local land office of which will be at the town of Woodward in County N.

And further notice is hereby given that the line of ninety-seven and one-half degrees west longitude, named herein for the purpose of disposing of the land hereby opened to settlement is held to fall on the west line of sections two, eleven, fourteen, twenty-three and twenty-six and thirtyfive of townships in range three west of the Indian Meridian, and the line of ninety-eight and one-half degrees of west longitude is held to fall on the line running due north and south through the centers of sections four, nine, sixteen, twenty-one, of the thirty-three twenty-eight and of the townships in range twelve west of the Indian Meridian, and said lines have been so laid down upon the township plats on file in the General Land Office.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this nineteenth day of August in the year of our Lord, one thousand eight hundred and ninety-three and of the Independence of the United States the one hundred and eighteenth. (SEAL) GROVER CLEVELAND.

By the President:

W. Q. GRESHAM, Secretary of State.

CREATING ADDITIONAL JUDGES IN INDIAN

TERRITORY

MARCH 1, 1895.

Sec. I. Defining boundaries of districts, styling them the Northern District, the Central District and the Southern District.

Sec. II. Appointment of judges to be made by President-Judicial power-Providing court officers and salaries. Clerks their duties and salaries.

Sec. III.

Sec. IV.

Sec. V.

U. S. Commissioners-Arkansas law to be applicable.
Constables.

Sec. VI. Jurors.

Sec. VII. Jurisdiction, procedure, process and pleadings.

An Act to provide for the appointment of additional judges of the United States Court in the Indian Territory, and • for other purposes. (March 1, 1895.)

in

Section 1. Be it enacted, etc., That the Territory known as the Indian Territory now within the jurisdiction of the United States court said Territory, is hereby divided into three judicial districts, to be known as the northern central and southern districts and at least two terms of the United States Court in the Indian Territory shall be held each year at each place of holding court in each district at such regular times as the judge for such district shall fix and determine.

The Northern district shall consist of all the Creek country, all of the Seminole Country, all of the Cherokee country, all of the country occupied by the Indian tribes in the Quapaw Indian agency, and the townsite of the Miami Townsite Company, and the places of holding courts in said district shall be at Vinita, Miami, Tahlequah and Muskogee. The Central district shall consist of all the Choctaw country, and the places of holding courts in said districts shall be at South McAlester, Atoka, Antlers and Cameron.

The Southern district shall consist of all the Chickasaw country, and the places of holding courts in said district shall be at Ardmore, Purcell, Pauls Valley, Ryan, and Chickasha,

Sec. 2. That there shall be appointed by the President, by and with the consent of the Senate, two additional judges of the United States court in said Indian Territory, who shall hold their respective offices for the term of four years, from the date of their appointment unless sooner removed as provided by law, one of whom shall be the judge of the

Northern district, and the other shall be the judge of the Southern district; and the judge of the United States court now in office shall, from and after said appointments, be the judge of the Central district, and shall hold his office for the term for which he was appointed, and during the period of their service said judges shall reside in the judicial districts for which they are appointed; and said judges of the Northern and Southern districts shall each take the oath of office required by law to be taken by the judges of the district courts of the United States. The judge for each district shall be paid a salary of five thousand dollars per annum, and allowed his necessary expenses when holding court away from home, the same to be paid from the treasury of the United States in like manner as the salaries and allowances of the Judges of the United States district courts.

If the appointment of said judges, or any of them, shall not be made during the present session, the President of the United States shall be and is hereby, empowered to make such appointment during the recess of the Senate, by granting commissions which shall expire at the end of the next session.

The judges shall have, within the judicial districts for which they are appointed all such authority, both in term time and vacation, as to all matters and causes, both criminal and civil, pending, or that may be brought in siad districts, and shall have the same superintending control over commissioners courts therein, and the same authority in the judicial districts, to issue writs of habeas corpus and prohibition, injunction, mandamus, certiorari, and other remedial and final process as is now by law vested in the judge of the United States court in the Indian Territory, or in the circuit and district courts of the United States.

The judge of each district is authorized and empowered to hold court in any other district, for the trial of any cause which the judge of said other district is disqualified from trying, and the disqualifications under this act shall be the same as are provided by the laws of the State of Arkansas to disqualify the circuit judges of that State, except that no judge shall be disqualified by the filing of an affidavit of his prejudice. And whenever, on account of sickness, or for any other reason, the judge of any district is unable to perform the duties of his office, either of the other judges may act in his stead, in term time or in vacation.

Until the appointment and qualification of said judges of the Northern and Southern districts, respectively, the judge of the United States court in the Indian Territory shall continue to perform all the duties and exercise all the authority that is now, or hereafter may be conferred upon him as such judge.

There shall be appointed by the President an attorney and marshal for said court in each of said districts, who shall continue in office for four years, and until their successors shall be duly appointed and qualified, and they shall discharge the like duties as other United States attorney and marshals.

Each of said marshals shall appoint one or more deputies, who shall have the same powers, perform the like duties, and be removable in like manner as other deputy United States marshals.

The United States attorney for the Indian Territory shall be the District attorney for the Northern district as herein created, and the marshal of said Central district after this Act goes into effect.

Each of the district attorneys in said Territory shall receive a salary of one thousand two hundred dollars per annum and his reasonable and necessary expenses of travel and subsistence while on duty, to be approved by the judge for the district for which he is appointed:

PROVIDED, That, in case of emergency, either of said judges may authorize the appointment of as many deputy marshals as he may deem

necessary for the enforcement of law and the suppression of crime, and such deputies shall receive the same rate of pay and expenses of travel for the time they may serve as regular deputy marshals:

And provided further, That the Attorney General of the United States may, if in his judgment it shall be necessary, appoint an assistant attorney, for each of said districts.

Sec. 3. That the clerk of the United States court, in the Indian Territory now in office, shall be clerk of the southern district, and the clerks of the Central and Northern districts shall be appointed by the respective judges thereof, and the clerk of each district shall reside and keep his office at one of the place of holding court in his district.

He shall perform the same duties and be subject to the same liabilities, as clerks of district courts of the United States. and, before entering upon his duties, he shail give bond in the sum of five thousand dollars, with two or more securities, to be approved by the judge of the district conditioned that he will faithfully discharge his duties as required by law. Each of said clerks shall appoint a deputy clerk for each court in his district where he himself does not reside.

Each deputy clerk shall keep his office and reside at the place appointed for holding the court for which he is apponted, and shall keep the records of said court and shall receive a salary of one thousand and two hundred dollars per annum:

Provided, That the appointment of such deputy shall be approved by the judge of the district, and may be annulled by said judge for cause which shall be stated on the records of the court, and the clerk shall be responsible for the official acts and negligence of his deputies.

Each of the clerks in said Territory shall receive a salary of three thousand dollars per annum.

Sec. 4. That each judge of siad court shall have the powers conferred by law upon the United States circuit courts to appoint commissioners within the district in which he presides, who, at the time of their appointment, shall be duly enrolled attorneys of some court of record of the United States or of some state, and shall be competent and of good standing, and shall be known as United States Commissioners, but not exceeding six commissioners shall be appointed for any district hereinbefore constituted:

Provided, That the present commissioners shall be included in that number and shall hold office under their existing appointments, subject to removal by the judge of the district where said commissioners reside for causes prescribed by law.

The judge for each district may fix the place where, or the time when each commissioner shall hold his regular terms of court.

The order appointing such commissioners shall be in writing and shall be spread upon the records of one of the courts of the district for which they are appointed; and such order shall designate, by metes and bounds, the portion of the district for which they are appointed.

They shall have all the powers of commissioner of the circuit courts of the United States. They shall be ex-officio justices of the peace within and for the portion of the district for which they are appointed, and shall have the power as such to solemnize marriages.

The provisions of chapter forty-five of Mansfield's Digest of the General Laws of Arkansas, entitled "Criminal Law," except as to crimes and misdemeanors mentioned in the proviso of this section, and Chapter forty-six of said laws of Arkansas, contained in said Digest entitled "Criminal Procedure," and chapter ninety-one of said general laws, regulating the jurisdiction and procedure before justices of the peace in civil cases, he, and they are hereby extended to and put in force in the Indian