son learned in the law to act as attorney for the United States. He shall continue in office for four years and until his successor is appointed and qualified, unless sooner removed by the president.

SEC. 1876. There shall be appointed a marshal for each territory. He shall execute all process issuing from the territorial courts when exercising their jurisdiction as circuit and district courts of the United States. He shall have the power and perform the duties and be subject to the regulations and penalties imposed by law on the marshals for the several judicial districts of the United States. He shall hold his office for four years and until his successor is appointed and qualified, unless sooner removed by the president.

SEC. 1877. The governor, secretary, chief justice and associate justices, attorney and marshal of every territory shall be nominated, and by and with the advice and consent of the senate, appointed by the president.

SEC. 1878. 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 discharge 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.

Hereafter 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. [Part of act approved May 1, 1876.]

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SEC. 1879. The annual salary of the chief justice and associate justices of all the territories now organized shall be three thousand dollars each.

SEC. 1880. The salary of the attorney of the United States for each territory shall be at the rate of two hundred and fifty dollars annually.

SEC. 1881. The salary of the marshal 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 marshal of the several territories, shall be paid quarter-yearly at the treasury of the United States.

SEC. 1935. There shall be appropriated annually one thousand dollars, to be expended by the respective governors, to defray the contingent expenses of New Mexico, Utah, Colorado, Dakota, Arizona, Idaho, Montana and Wyoming, including the salary of the clerk in the executive departments of those territories.

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, commissioners 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 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 proper accounting officer of the treasury, to be filed in his office.

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 legislature of any territory, directing the expenditure of the sum, shall be deemed a sufficient authority for such disbursement, but sufficient vouchers and proof for the same shall be required by the accounting officers of 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. 1939. There shall be appropriated respectively for the territories of New Mexico, Utah, Colorado, Dakota, Arizona and Wyoming annually a sufficient sum, to be expended by the secretary of each territory herein named, upon an estimate to be made by the secretary of the treasury, to defray the expenses of the legislative assembly and other incidental expenses; and the secretary of each territory above specified shall annually account to the secretary of the treasury for the manner in which such sum has been expended.

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 special privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, banking manufacturing or other industrial pursuits, or the construction and operation of railroads, wagon roads, canals, or 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.

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Be it enacted, etc., That the words "the legislative assemblies of the several territories shall not grant private charters or especial privileges" in section eighteen hundred and eighty-nine of the revised statutes of the United States, shall not be construed as prohibiting the legislative assemblies of the several territories of the United States from creating towns, cities, or other municipal corporations, and providing for the government of the same, and conferring upon them the corporate powers and privileges, necessary to their local administration, by either general or special acts; and that all general and special acts of such legislative assemblies heretofore passed creating and providing for the government of towns, cities or other municipal corporations, and conferring such rights, powers and privileges upon the same, as were necessary their local administration, be, and the same are hereby, ratified and confirmed and declared to be valid, any law to the contrary notwithstanding, subject, however, to amendment or repeal hereafter by such territorial assemblies. But nothing herein shall have the effect to create any private right, except that of holding and executing municipal offices, or to divest any such right, or to make valid or invalid any contract or obligation heretofore made by or on behalf of any such town, city, or other municipal corporation, or to authorize any such corporation to incur hereafter any debt or obligation other than such as shall be necessary to the administration of its internal affairs. [Approved, June 8, 1878.]

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SEC. 1890. No corporation or association for religious or charitable purposes shall acquire or hold real estate in any territory, during the existence of the 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 within 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 such 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 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 on, and payable out of, the fund for defraying the expenses of suits in which the United States 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 offense against the laws of the United States.

That the legislative assemblies of the several territories of the United States may make such provision for the care and custody of such persons as may be convicted of crime under the laws of such territory as they shall deem proper, and for that purpose may authorize and contract for the care and custody of such convicts in any other territory or state, and provide that such person or persons may be sentenced to confinement accordingly, in such other territory or state, and all existing legislative enactments of any of the territories for that purpose are hereby legalized; Provided, That the expense of keeping such prisoners shall be borne by the respective territories, and no part thereof shall be borne by the United States. [Part of act approved June 16, 1880.]

SEC. 1944. The seat of Government of the territories of New Mexico, Utah, Washington, Colorado, Dakota, Arizona and Wyoming may be changed by the governors and legislative assemblies thereof, respectively.

SEC. 1946. Sections numbered 16 and 36 in each township of the territories of New Mexico, Utah, Colorado, Dakota, Arizona, Idaho, Montana and Wyoming shall be reserved for the purpose of being applied to schools in the several territories herein named, and in the states and territories hereafter to be erected out of the same.

That if any timber cut on the public lands shall be exported from the territories of the United States, it shall be liable to seizure by United States authority, wherever found. [Part of Act approved April 30, 1878.]

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Resolved, etc., That the secretary of war is hereby authorized to cause to be issued to the territories, and the states bordering thereon, such arms as he may deem necessary for their protection, not to exceed one thousand to said states each; Provided, That such issues shall only be from arms owned by. the government, which have been superseded and no longer issued to the army; Provided, however, That said arms shall be issued only in the following manner and upon the following conditions, namely: Upon the requisition of the governors of said states or territories, showing the absolute necessity of arms for the protection of the citizens and their property against Indian raids into said states or territories; also that militia companies are regularly organized and under control of the governors of said states or territories, to whom said arms are to be issued, and that said governor or governors shall give a good and sufficient bond for the return of said arms or the payment of the same at such time as the secretary of war may designate. [Resolution approved July 3, 1876.]

Resolved, etc., That the joint resolution approved July third, eighteen hundred and seventy-six, authorizing the secretary of war to issue arms to the territories and the states bordering thereon, be and the same is hereby amended by inserting after the words "each of said territories," the words "and ammunition for the same, not to exceed fifty ball cartridges for each arm." [Approved, March 3, 1877.]

Be it enacted, etc., That a joint resolution, approved July third, eighteen hundred and seventy-six, entitled "Joint resolution authorizing the secretary of war to issue arms," be amended as follows: By inserting in the fifth line, after the word "states," and before the word "each," the words "and territories," and by striking out after the word "each," in said fifth line, and before the word "provided," in sixth line, the words "and not more than five hundred to each of said territories;" Provided, That the quota to the states now authorized by law shall not hereby be diminished. [Approved, May 16, 1878.]

Be it resolved, etc., That the secretary of war is hereby authorized to cause to be issued to each of the territories of the United States (in addition to arms and ammunition, the issue of which