Title 25 — Indians
Chapter 15 — Constitutional Rights of Indians
§ 1325. Abatement of actions
Statutory text
Pending actions or proceedings; effect of cession
No action or proceeding pending before any court or agency of the United States immediately prior to any cession of jurisdiction by the United States pursuant to this subchapter shall abate by reason of that cession. For the purposes of any such action or proceeding, such cession shall take effect on the day following the date of final determination of such action or proceeding.
Criminal actions; effect of cession
No cession made by the United States under this subchapter shall deprive any court of the United States of jurisdiction to hear, determine, render judgment, or impose sentence in any criminal action instituted against any person for any offense committed before the effective date of such cession, if the offense charged in such action was cognizable under any law of the United States at the time of the commission of such offense. For the purposes of any such criminal action, such cession shall take effect on the day following the date of final determination of such action.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 90–284 title IV § 405 · 82 Stat. 73
Enacted · 25 U.S.C. § 1325
(Pub. L. 90–284, title IV, § 405, Apr. 11, 1968, 82 Stat. 80.)
Source evidence
Code source credit
(Pub. L. 90–284, title IV, § 405, Apr. 11, 1968, 82 Stat. 80.)Enacted provision · exact public law section
Sec. 405. actions not to abate (a) No action or proceeding pending before any court or agency of the United States immediately prior to any cession of jurisdiction by the United States pursuant to this title shall abate by reason of that cession. For the purposes of any such action or proceeding, such cession shall take effect on the day following the date of final determination of such action or proceeding. (b) No cession made by the United States under this title shall deprive any court of the United States of jurisdiction to hear, determine, render judgment on, or impose sentence in, any criminal action instituted against any person, for any offense committed before the effective date of such cession, if the offense charged in such action was cognizable under any law of the United States at the time of the commission of such offense. For the purposes of any such criminal action, such cession shall take effect on the day following the date of final determination of such action.
1 of 1 references resolved to an enrolled provision