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domestic, that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God;" which said oath so taken and signed, shall be preserved among the files of the court, house of congress, or department to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offence, shall be deprived of his office and rendered incapable forever after of holding any office or place under the United States.

APPROVED, July 2, 1862.

AN ACT

IN RELATION TO COURTS, AND THE HOLDING OF THE TERMS THEREOF IN THE SEVERAL TERRITORIES IN THE UNITED STATES.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the judges of the supreme court of each territory of the United States are hereby authorized to hold court within their respective districts in the counties wherein, by the laws of said territories, courts have been, or may be established, for the purpose of hearing or determining all matters and causes except those in which the United States is a party: Provided, That the expenses thereof shall be paid by the territories, or by the counties in which said courts may be held, and the United States shall, in no case, be chargeable therewith.

APPROVED, June 14th, 1858.

AN ACT

TO SECURE FREEDOOM TO ALL PERSONS WITHIN THE TERRITORIES OF THE UNITED STATES.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passage of this act, there shall be neither slavery nor involuntary servitude in any of the terri

tories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in the punishment of crimes whereof the party shall have been duly convicted. APPROVED, June 19th, 1862.

AN ACT

IN RELATION TO THE COMPETENCY OF WITNESSES, AND FOR OTHER PURPOSES.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws of the state in which the court shall be held, shall be the rules of decision as to the competency of witnesses in the courts of the United States, in trials at common law, in equity, and admiralty.

SEC. 2. And be it further enacted, That so much of section twenty-nine of an act entitled "An act to establish [the] judicial courts of the United States," approved September twentyfourth, seventeen hundred and eighty-nine, as requires, in cases punished with death, twelve petit jurors to be summoned from the county where the offence was committed, be, and the same is hereby repealed.

APPROVED, July 16, 1862.

AN ACT

TO DEFINE THE PAY AND EMOLUMENTS OF CERTAIN OFFICERS OF THE ARMY, AND FOR OTHER PURPOSES.

SECTION 21. And be it further enacted, That any alien of the age of twenty-one years and upwards, who has enlisted, or who

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PAY AND EMOLUMENTS OF CERTAIN OFFICERS.

shall enlist in the armies of the United States, either the regular or volunteer forces, and has been or shall be hereafter honorably discharged, may be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become a citizen of the United States, and that he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and that the court admitting such alien shall, in addition to such proof of residence and good moral character as is now provided by law, be satisfied competent proof of such person having been honorably discharged from the service of the United States as aforesaid.

APPROVED, July 17, 1862.

STATUTES

OF THE

TERRITORY OF IDAHO.

TITLE I.

AN ACT to regulate proceedings in Civil Cases in the Courts of Justice of the Territory of Idaho.

CHAPTER I.

OF THE FORM OF CIVIL ACTIONS, AND OF THE PARTIES THERETO.

SEC. 1. Only one form of action.

2. Parties designated.

3. Question of fact.

4. Action, in whose name.

5. Set-off when not prejudiced.

6. Action by executor.

7. When married woman is party, exceptions.

9. Infant and guardian.

11. Injury to child, etc.

12. Plaintiff, who may be joined.

13. Defendant, who may be made.

SEC. 14. Parties. who to be joined.

15. Separately liable, may be joined.

16. Death of party, or transfer of interest.

17. Controversy, when court to determine.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. There shall be in this territory but one form of civil action for the enforcement or protection of private rights, and the redress or prevention of private wrongs, which shall be the same at law and in equity.

SEC. 2. In such action the party complaining shall be known as the plaintiff, and the adverse party as the defendant.

SEC. 3. When a question of fact, not put in issue by the pleadings, is to be tried by the jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried; and such order shall be the only authority necessary for a trial.

SEC. 4. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this act; but in suits brought by the assignee of an account, unliquidated demand, or thing in action not arising out of contract, the assignor shall not be a witness on behalf of the plaintiff.

SEC. 5. In the case of an assignment of the thing in action, the action by the assignee shall be without prejudice to any set-off or other defense, existing at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note, or bill of exchange, transferred in good faith, and upon good consideration, before due.

SEC. 6. An executor or administrator, trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another.

SEC. 7. When a married woman is a party, her husband shall be joined with her; except, that when the action concerns her separate property, she may sue alone; when the action is between herself and her husband, she may sue or be sued alone.

SEC. 8. If a husband and wife are sued together, the wife may defend for her own right.

SEC. 9. When an infant is a party, he shall appear by

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