INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY-FOURTH CONGRESS—SECOND SESSION, 1897.
CHAP. 29 | CHAP. 70 | CHAP. 109 | CHAP. 136 | CHAP. 265

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Chapter 70
Section 2

Margin Notes
Chap. 70 Indian Territory. Deputy marshals; appointments, oaths, and services validated.
Chap. 70 Accounts, how approved.
Sec. 2 Marshal’s bond $20,000.
Sec. 2 not exceeding $50,000 may be required.

{Page 83}

Chapter 70
    Jan. 20, 1897. | 20 Stat., 493.
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An act to validate the appointments, acts, services of certain deputy United States marshals in the Indian Territory, and for other purposes.

Be it enacted, &c., That the appointmentsa of deputy United States marshals in the Indian Territory made by the marshal in either district of said Territory since the first day of March, eighteen hundred and ninety-five, and prior to April fifteenth, eighteen hundred and ninety-six, and all oaths taken by such deputy United States marshals in good faith, and all acts and services rendered by such deputy United States marshals in pursuance of law and in good faith, are hereby ratified and validated.


aAs to authority to appoint deputies, see 1895, March 1, chapter 145, section 2' (ante 71). This same act provides, in case of emergency, for as many deputy marshals as the marshal deems necessary for the enforcement of law and the suppression of crime (ante p. 72.)

The necessity for this provision is stated in the letter of the Attorney-General which is found in Senate Report No. 909, Fifty-fourth Congress, first session, a portion of which is as follows:

“Section 782 of the Revised Statutes of the United States provides that United States deputy marshals shall take a certain oath before the district judge. It provides further that in case a person who is appointed deputy marshal resides and is more than 20 miles from the place where the district judge resides and is, he may take the oath before certain officials therein named, and that such oath shall be valid only when certified to the district judge by the official who administered it.

“It appears that quite a number of oaths were administered to deputy marshals by officers named in the section referred to when it does not appear that the judge was away from the place where the appointment was made, and such oaths have not been certified to the district judge. In many cases it is impossible to remedy this defect at this late date. It appears that a large number of oaths were administered to deputy marshals by the clerk of the court, who is not named in the section referred to as being authorized to administer oaths to deputy marshals when the judge is away.”

Provision for the future is made by 1896, December 22, chapter 3 (29 stat, 479)


All accounts for the payment of such deputy United States marshals shall be subject to the approval of the Attorney-General.

SEC. 2

That hereafter United States marshals in said Territory shall give bond, with two or more sureties to be approved by the judge of said district, in the sum of twenty thousand dollars,b conditioned as by law required in regard to the bond of other United States marshals:


bThe bond of the marshal is fixed at $10,000 by 1895, March 1, chapter 145, section 2 (ante p. 71).

Provided, That whenever the business of the courts in said Territory shall make it necessary, in the opinion of the Attorney-General, for the United States marshal of any district therein to furnish greater security than the official bond herein required, a bond in the sum not exceeding fifty thousand dollars shall be given by said marshal when required by the Attorney-General, who shall fix the amount thereof. [January 20, 1897.]


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