Everglade Statutes

THE CODE OF THE LAWS

OF

EVERGLADE TERRITORY

OF A GENERAL AND PERMANENT CHARACTER

IN FORCE

FEBRUARY 16, 1899

CONSOLIDATED, CODIFIED, SET FORTH, AND PUBLISHED IN 1899, IN THE FIRST YEAR OF THE TERRITORY, AT ITS FIRST SESSION BY THE FIRST LEGISLATURE.

CONTENTS

PREFACE……………………………………………………………………………….……………III

TABLE OF TITLES AND CHAPTER HEADINGS………………..…………….…..IV

TEXT OF STATUTES…………………………………………………………………………..V

PREFACE

TABLE OF TITLES AND CHAPTER HEADINGS

TITLE 1 – PENAL CODE

Chapter 1. General Provisions

§1.01. Definitions

1. In this code:

1. “Act” means a bodily movement, whether voluntary or involuntary, and includes speech.
2. “Bodily injury” means physical pain, illness, or any impairment of physical condition.
3. “Deadly weapon” means:

1. a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
2. anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

4. “Government official” means a person elected, employed, or appointed as a government official under XXX or YYY
5. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

§1.02. Territorial Jurisdiction

1. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:

1. either the conduct or a result that is an element of the offense occurs inside this state;
2. the conduct outside this state constitutes an attempt to commit an offense inside this state;
3. the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state

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Chapter 2. Criminal Offenses

§2.01. Infractions

§2.02. Misdemeanor Offenses

§2.03. Felony Offenses

TITLE 2 – ECONOMIC CRIMES

Chapter 1. General Provisions

§3.01. Definitions

2. In this code:

1. “Forgery” means creating, altering, or signing any document, record, or instrument with intent to deceive another person.
2. “Fraud” means knowingly obtaining money, property, or services through false representation or deception.
3. “Business Record” means any ledger, invoice, receipt, contract, or written record used in the operation of a lawful business.
4. “False Statement” means any written or spoken claim known to be untrue, made for financial or personal gain.
5. “Financial Gain” means any money, goods, property, or service obtained through dishonest means.

Chapter 2. Category C Offenses

§2.01. Fraud

1. Knowingly deceiving another person or business for financial gain
2. Punishment

Chapter 3. Category B Offenses

§3.01. Fraud in Excess of $500

1. Knowingly deceiving another person or business for financial gain

Chapter 4. Category A Offenses

§4.01. Fraud in Excess of $750.

1. Knowingly deceiving another person or business for financial gain

TITLE 3 – JUDICIARY AND JUDICIAL CODE

Chapter 1. Judicial Establishment.

§4.01. Authority.

1. The District Court of Everglade Territory must establish and promulgate Rules of Evidence and Court Rules of Procedure.
2. The District Court of Everglade Territory must establish, promulgate, and maintain State Bar licensure requirements.
3. The District Court of Everglade Territory may establish hiring practices and recruit Court officials.

§4.02. Structure.

1. The District Court of Everglade Territory shall consist of at least (2) judges, one of which shall serve as Chief Judge.

Fed. Constitution

Article IV

Article IV  

• Section 3 New States and Federal Property

• Clause 2 Territory and Other Property
• The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Bill of Rights

Bill of Rights

Congrefs OF THE United States,

Began and held at the City of New York, on

Wednesday, the fourth of March, one thousand seven hundred and eighty nine.

First Amendment (1791) —

Second Amendment (1791) —

Fourth Amendment (1791) —

Fifth Amendment (1791) —

Sixth Amendment (1791) —

Eighth Amendment (1791) —

U.S. Code of Laws

THE CODE OF THE LAWS

OF THE

UNITED STATES OF AMERICA

OF A GENERAL AND PERMANENT CHARACTER

IN FORCE

MARCH 4, 1899

CONSOLIDATED, CODIFIED, SET FORTH, AND PUBLISHED IN 1899, IN THE ONE HUNDRED AND TWENTY-THIRD YEAR OF THE REPUBLIC, AT ITS FIRST SESSION BY THE FIFTY-SIXTH CONGRESS

EVERGLADE TERRITORY ORGANIC ACT

SEC 1. That the executive power of the Territory of Everglade shall be vested in a governor, who shall hold office for four years, and until a successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory; shall be commander-in-chief of the militia thereof; he may grant pardons for offenses against the laws of said Territory, and reprieves for offenses -against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed.

SEC 2. That the legislative power and authority of said Territory shall be vested in the governor and legislative assembly.

SEC 3. Every bill which shall have passed the council and the house of representatives of said Territory shall, before it becomes a law, be presented to the governor of the Territory. If he approve he shall sign it, but if not, he shall return it with his objections to the house in which it originated,

         SEC 4. That the judicial power of said Territory shall be vested in a district court. The district court shall consist of a chief-judge and two associate judges, any two of whom shall constitute a quorum. The jurisdiction of the several courts herein provided for, both appellate and original. The supreme court shall define said judicial districts, and shall fix the times and places at each county seat in each district where the district court shall be held and designate the judge who shall preside therein. Each of the said courts shall have and exercise, exclusive of any court heretofore established, the same jurisdiction over all cases arising under the Constitution and laws of the United States as is vested in the circuit and district courts of the United States. In addition to the jurisdiction otherwise conferred by this act said courts shall have and exercise exclusive original jurisdiction over all offenses against the laws of the United States committed within Indian Territory.

FEDERAL JUDICIARY ACT

SEC 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the supreme court of the United States shall consist of a chief justice and five associate justices[….]

SEC 2. And be it further enacted, That the United States shall be, and they hereby are divided into fourteen districts, to be limited and called as follows, to wit: one to consist of that part of the State of Massachusetts which lies easterly of the State of New Hampshire, and to be called Maine District; one to consist of the State of New Hampshire, and to be called New Hampshire District; one to consist of the remaining part of the State of Massachusetts, and to be called Massachusetts district; one to consist of the State of Connecticut, and to be called Connecticut District; one to consist of the State of New York, and to be called New York District; one to consist of the State of New Jersey, and to be called New Jersey District; one to consist of the State of Pennsylvania, and to be called Pennsylvania District; one to consist of the State of Delaware, and to be called Delaware District; one to consist of the State of Maryland, and to be called Maryland District; one to consist of the State of Virginia, except that part called the District of Kentucky, and to be called Virginia District; one to consist of the remaining part of the State of Virginia, and to be called Kentucky District; one to consist of the State of South Carolina, and to be called South Carolina District; one to consist of the State of Georgia, and to be called Georgia District; and one to consist of the District of Everglade.

SEC 3. And be it further enacted, that there be a court called a District Court, in each of the aforementioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and shall be called a District Judge[....]

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SEC 7. And be it [further] enacted, That the Supreme Court, and the district courts shall have power to appoint clerks for their respective courts, and that the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the following oath or affirmation, to wit: "I, A. B., being appointed clerk of , do solemnly swear, or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God." Which words, so help me God, shall be omitted in all cases where an affirmation is admitted instead of an oath. And the said clerks shall also severally give bond, with sufficient sureties, (to be approved of by the Supreme and district courts respectively) to the United States, in the sum of two thousand dollars, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments and determinations of the court of which he is clerk.

SEC 8. And be it further enacted, That the justices of the Supreme Court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit: "I, A. B., do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution, and laws of the United States. So help me God."

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SEC 27. And be it further enacted, That a marshal shall be appointed in and for each district for the term of four years, but shall be removable from office at pleasure, whose duty it shall be to attend the district and circuit courts when sitting therein, and also the Supreme Court in the District in which that court shall sit. And to execute throughout the district, all lawful precepts directed to him, and issued under the authority of the United States, and he shall have power to command all necessary assistance in the execution of his duty, and to appoint as there shall be occasion, one or more deputies, who shall be removable from office by the judge of the district court, or the circuit court sitting within the district, at the pleasure of either; and before he enters on the duties of his office, he shall become bound for the faithful performance of the same, by himself and by his deputies before the judge of the district court to the United States, jointly and severally, with two good and sufficient sureties, inhabitants and freeholders of such district, to be approved by the district judge, in the sum of twenty thousand dollars, and shall take before said judge, as shall also his deputies, before they enter on the duties of their appointment, the following oath of office: "I, A. B., do solemnly swear or affirm, that I will faithfully execute all lawful precepts directed to the marshal of the district of ... under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marshal (or marshals deputy, as the case may be) of the district of ... , during my continuance in said office, and take only my lawful fees. So help me God."

SEC 28. And be it further enacted, That in all causes wherein the marshal or his deputy shall be a party, the writs and precepts therein shall be directed to such disinterested person as the court, or any justice or judge thereof may appoint, and the person so appointed, is hereby authorized to execute and return the same. And in case of the death of any marshal, his deputy or deputies shall continue in office, unless otherwise specially removed; and shall execute the same in the name of the deceased, until another marshal shall be appointed and sworn: And the defaults or misfeasances in office of such deputy or deputies in the mean time, as well as before, shall be adjudged a breach of the condition of the bond given, as before directed, by the marshal who appointed them; and the executor or administrator of the deceased marshal shall have like remedy for the defaults and misfeasances in office of such deputy or deputies during such interval, as they would be entitled to if the marshal had continued in life and in the exercise of his said office, until his successor was appointed, and sworn or affirmed: And every marshal or his deputy when removed from office, or when the term for which the marshal is appointed shall expire, shall have power notwithstanding to execute all such precepts as may be in their hands respectively at the time of such removal or expiration of office; and the marshal shall be held answerable for the delivery to his successor of all prisoners which may be in his custody at the time of his removal, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody until his successor shall be appointed and qualified as the law directs.

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SEC 35. And be it further enacted, That in all courts of the United States, the parties may plead and manage their own causes personally or by assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein. And there shall be appointed in each district a meet person learned in the law to act as attorney for the United States in such district, who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all delinquents for crimes and offences, cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned, except before the supreme court in the district in which that court shall be holden. And he shall receive as compensation for his services such fees as shall be taxed therefor in the respective courts before which the suits or prosecutions shall be. And there shall also be appointed a meet person, learned in the law, to act as attorney-general for the United States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compensation for his services as shall by law be provided.

Frederick Augustus Muhlenberg, Speaker of the House of Representatives

John Adams, Vice-President of the United States, and President of the Senate

APPROVED, September the Twenty fourth, 1789.

George Washington, President of the United States