do, and whenever the public interests will not suffer

thereby.

SEC. 14. It shall be the imperative duty of the chief clerks of the senate and council, to act as the custodians of the books and papers of the senate and council. They shall each be personally responsible for the safe keeping of every bill, joint resolution, memorial, report, message or other document or paper pertaining to legislation, which shall come. to their hands or to the hands of their assistant clerks, from any member, committee, or officer of the National Council, or either branch thereof; and shall keep a record of all such bills and other papers pertaining to legislation; which record shall show the disposition made of the same.

SEC. 15. As soon as the senate and the council shall have effected a permanent organization, they or either branch thereof, shall notify the Principal Chief of the same, and the Principal Chief shall immediately transmit to the president of the senate, such election returns as he may have in his possession, made by law returnable to the National Council; which returns shall be opened, examined and passed upon by the senate and council in joint session, as hereinbefore provided, before the transaction of any other public business: provided, however, that election returns for Principal and Assistant Principal Chiefs, shall be examined first; and such chiefs elect shall at once be installed as hereinbefore provided.

SEC. 16. Members not present at the regular organization of the National Council, and those elected to fill

vacancies, may be installed at any time by taking the constitutional oath.

SEC. 1. The courts established under the govern

ment of this Nation, shall have cognizance of all suits arising under the constitution and laws of the Cherokee Nation, and of cases originating under the laws and usages of the Eastern Cherokees, existing previous to their removal, and of those under the laws and usages in existence among the Western Cherokees, prior to the Act of Union, dated the 12th day of July, 1839; and the adjudication of all questions, shall be according to the provisions of the respective laws under which they originated.

SEC. 2. The commencement of all suits shall be by summons, obtained from the clerk of the district in which the party sued shall be resident (except in cases

expressly provided for otherwise by law,) which summons shall, as exactly as practicable, describe the property sued for, or state the amount claimed, and also, for the proper understanding of the issue by the defendant, and the court shall concisely state the nature of the case, and the principal grounds upon which the claim is founded. Such summons must be served by some lawful officer, at least thirty days before the holding of the court having jurisdiction of the cause, and be returned to the clerk at or before the commencement of the term next following of such court. And the court shall give judgment as the right of the matter in law shall appear, without regarding any formal defect or verbal imperfection in such summons.

Sec. 3. Every summons shall run in the name of the Cherokee Nation, in the following form, to-wit:

CHEROKEE NATION,)

DISTRICT.

And shall be directed and issued substantially in the following form, or to the like effect:

TO ANY LAWFUL OFFICER, GREETING:

You are hereby commanded to summon (here insert the name of defendant,) to appear at the lawful place of holding court in said district, on the (here insert on what Monday of the month, and what year, court time shall commence,) there and then to answer the demand of (here insert the name of plaintiff,) who claims the right (or right of possession,) to certain property now in defendant's possession, to-wit: (here describe the property sued for, sufficiently clear for indentification,) such property being worth, at a moderate estimation, in cash (here insert probable or appraised value at length,) and for cause of action, plaintiff alleges, that (here state the nature of the case and ground of claim, in clear and

concise language, so that the opposite party may acquire information of the main and essential facts, upon which plaintiff intends to rely, to establish his right.)

SEC. 4. If the claim is for a definite sum of money, insert after "who claims," in above form, the words, "a certain sum of money, to-wit:" (then state the sum demanded, with interest, if any,) and for ground of such demand, alleges that (state nature of case as required in above form.)

SEC. 5. If for any indefinite sum, state the largest amount plaintiff can expect to recover, and add, "or so much thereof as the court shall adjudge to be due," and close as before, with a statement of cause of action. SEC. 6. After the nature of the case is stated, as required, the summons shall conclude as follows:

Fail not to execute this summons within the time, and return as required by law. Given under my hand and seal of office, on this the- -day ofA. D.

18-.

SEC. 7. Any person, instituting a suit at law, when obtaining a summons for that purpose, shall file a bond, to the satisfaction of the clerk, for the payment of all the cost of that suit, conditioned upon the successful prosecution of such suit.

SEC. 8. The form of plaintiff's bond for cost, shall be substantially as follows:

Know all men by these presents, That we (insert name of plaintiff,) principal, and (insert name of sureties) sureties, do hereby bind ourselves, our heirs, administrators and assigns, to pay to (insert name of clerk,) clerk of―――district, or successor in office, a