dred dollars; pay of assistant engineer of same, seven hundred and twenty dollars; pay of five firemen, two thousand two hundred dollars; in all, four thousand eight hundred and forty dollars.

For increase and expense of library, books, magazines, periodicals, and binding, two thousand dollars.

For pay of librarian's assistant, one thousand dollars.

For contingencies for superintendent of the academy, one thousand dollars.

For furniture for cadet hospital, and repairs, one hundred dollars; printing catalogue for library, seven hundred dollars; renewing furniture in academic section rooms and offices, one thousand dollars; papers and periodicals for cadet hospital, sixty dollars; and for carpeting and repairs to chapel for cadets, officers' families, and visitors, one thousand dollars; in all, two thousand eight hundred and sixty dollars.

For repairing and opening roads and walks, five hundred dollars. For continuing superstructure of the new hospital for cadets, thirty thousand dollars.

For continuing construction of sewerage from barracks and quarters, three thousand dollars.

For repairs to reservoirs and increasing capacities, five hundred dollars.

For construction of school-house for soldiers' children, and furniture for same, eight thousand dollars.

For parapet wall on the road leading along the cliff to south wharf, five hundred dollars.

Approved, March 3, 1875.

Grounds.

Hospital.

Sewerage.

Reservoirs.

CHAP. 136.-An act restricting the refunding of custom duties and prescribing certain regulations of the Treasury Department

March 3, 1875.

Duties on im

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no moneys collected as duties on imports, in accordance with any decision, ruling, or direction ports, when and previously made or given by the Secretary of the Treasury, shall, except how refunded. as hereinafter provided, be refunded or repaid, unless in accordance with the judgment of a circuit or district court of the United States giving construction to the law, and from which the Attorney-General shall certify that no appeal or writ of error will be taken by the United States; or unless in pursuance of a special appropriation for the particular refund or repayment to be made: Provided, That whenever the Proviso; refund Secretary shall be of opinion that such duties have been assessed and in cases of error collected under an erroneous view of the facts in the case, he may au- of fact. thorize a re-examination and reliquidation in such case, and make such refund in accordance with existing laws as the facts so ascertained shall, in his opinion, justify; but no such reliquidation shall be allowed unless protest and appeal shall have been made as required by law: Provided Cases of personal further, That the restrictive provisions of this act shall not apply to and household efsuch personal and household effects and other articles, not merchandise, as are by law exempt from duty: And provided also, That this act shall not affect the refund of excess of deposits based on estimated duties nor prevent the correction of errors in liquidation, whether for or against its on estimated the Government, arising solely upon errors of fact discovered within one duties. year from the date of payment, and, when in favor of the Government, brought to the notice of the collector within ten days from the date of discovery.

fects.

Excess of depos

Decisions of Sec

retary of Treasury

on customs duties,

SEC. 2. That no ruling or decision once made by the Secretary of the Treasury, giving construction to any law imposing customs duties, shall be reversed or modified adversely to the United States, by the same not to be modified or a succeeding Secretary, except in concurrence with an opinion of the by same or succeedAttorney-General recommending the same, or a judicial decision of a ing Secretary, excircuit or district court of the United States conflicting with such ruling cept, &c.

or decision, and from which the Attorney-General shall certify that no Secretary may appeal or writ of error will be taken by the United States: Provided, require appeal That the Secretary of the Treasury may in his discretion, decline to from judgment of acquiesce in the judgment, decision, or ruling of an inferior court upon any question affecting the interests of the United States, when, in his opinion, such interests require a final adjudication of such question by the court of last resort.

inferior court.

Regulations in pursuance of this

act.

} Annual state

refunded.

SEC. 3. That the Secretary of the Treasury shall have power to make such regulations, not inconsistent with law, as may be necessary to carry this act into effect.

SEC. 4. That the Secretary of the Treasury shall, in his annual report ment of moneys to Congress, give a detailed statement of the various sums of money refunded under the provisions of this act or of any other act of Congress relating to the revenue, together with copies of the rulings under which Appeals to Su- repayments were made: Provided, That in all cases where the Secrepreme Court on re- tary of the Treasury shall so request the Attorney-General shall take an quest of Secretary. appeal to the Supreme Court.

Approved, March 3, 1875.

March 3, 1875.

with State courts.

States.

States.

diction.

CHAP. 137.-An act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Original jurisdic- States of America in Congress assembled, That the circuit courts of the tion of circuit United States shall have original cognizance, concurrent with the courts courts, concurrent of the several States, of all suits of a civil nature at common law or in Cases under laws, equity, where the matter in dispute exceeds, exclusive of costs, the sum &c., of United or value of five hundred dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States are plaintiffs or Between citizens petitioners, or in which there shall be a controversy between citizens of of different States. different States or a controversy between citizens of the same State Lands under claiming lands under grants of different States, or a controversy between grants of different citizens of a State and foreign states, citizens, or subjects; and shall Exclusive juris- have exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, except as otherwise provided by law, and concurrent jurisdiction with the district courts of the crimes and No arrest in one offenses cognizable therein. But no person shall be arrested in one disdistrict for trial in trict for trial in another in any civil action before a circuit or district Suit only in court. And no civil suit shall be brought before either of said courts district where de- against any person by any original process or proceeding in any other fendant is inhabit- district than that whereof he is an inhabitant, or in which he shall be ant, or is found, ex- found at the time of serving such process or commencing such proceeding, except as hereinafter provided; nor shall any circuit or district court Suit on contracts have cognizance of any suit founded on contract in favor of an assignee, by assignees; how unless a suit might have been prosecuted in such court to recover thereon limited. if no assignment had been made, except in cases of promissory notes Appeal from dis- negotiable by the law merchant and bills of exchange. And the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions prescribed by law.

another.

cept, &c.

trict court.

What causes re

whom.

SEC. 2. That any suit of a civil nature, at law or in equity, now pendmovable from State ing or hereafter brought in any State court where the matter in dispute court to circuit exceeds, exclusive of costs, the sum or value of five hundred dollars, courts, and by and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States shall be plaintiff or petitioner, or in which there shall be a controversy between citizens of different States, or a controversy between citizens of the same State claiming lands under grants of different States, or a controversy between citizens of a State and foreign

States, citizens, or subjects, either party may remove said suit into the circuit court of the United States for the proper district. And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different States, and which can be fully determined as between them, then either one or more of the plaintiffs or defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.

Petition for re

When petition

Bond of peti

tioner for removal.

State court to

Cause to proceed in circuit court;

how.

Removal of cases

SEC. 3. That whenever either party, or any one or more of the plaintiffs or defendants entitled to remove any suit mentioned in the next pre- moval. ceding section shall desire to remove such suit from a State court to the circuit court of the United States, he or they may make and file a petition in such suit in such State court before or at the term at which said to be filed. cause could be first tried and before the trial thereof for the removal of such suit into the circuit court to be held in the district where such suit is pending, and shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such circuit court, on the first day of its then next session, a copy of the record in such suit, and for paying all costs that may be awarded by the said circuit court, if said court shall hold that such suit was wrongfully or improperly removed thereto, and also for there appearing and entering special bail in such suit, if special bail was originally requisite therein, it shall then be the duty of the State court to accept said petition and bond, and proceed no further in such suit, and any bail that may have proceed no further, been originally taken shall be discharged; and the said 'copy being entered as aforesaid in said circuit court of the United States, the cause shall then proceed in the same manner as if it had been originally commenced in the said circuit court; and if in any action commenced in a State court the title of land be concerned, and the parties are citizens of the same State, and the matter in dispute exceed the sum or value of five hundred dollars, exclusive of costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit, if the court require it, that he or they claim and shall rely upon a right or title to the land under a grant from a State, and produce the original grant, or an exemplification of it, except where the loss of public records shall put it out of his or their power, and shall move that any one or more of the adverse party inform the court whether he or they claim a right or title to the land under a grant from some other State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he or they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond as herein before mentioned in this act, remove the cause for trial to the circuit court of the United States next to be holden in such district; and any one of either party removing the cause shall not be circuit court. allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim, and the trial of issues of fact in the circuit courts shall, in all suits except those of equity and of admiralty and maritime jurisdiction, be by jury.

concerning title to

land between citizens of same State;

proceedings.

Proof of title in

Continuation of

&c.

SEC. 4. That when any suit shall be removed from a State court to a circuit court of the United States, any attachment or sequestration of attachments, the goods or estate of the defendant had in such suit in the State court bonds, injunctions, shall hold the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as by law they would have been held to answer final judgment or decree had it been rendered by the court in which such suit was commenced; and all bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual, notwithstanding said removal; and all injunctions, orders, and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be removed.

court.

Dismissal or re- SEC. 5. That if, in any suit commenced in a circuit court or removed manding, by cir- from a State court to a circuit court of the United States, it shall appear cuit court, of causes improperly to the satisfaction of said circuit court, at any time after such suit has brought in or re- been brought or removed thereto, that such suit does not really and moved to circuit substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed as Review, in Su- justice may require, and shall make such order as to costs as shall be preme Court, of just; but the order of said circuit court dismissing or remanding said order dismissing or remanding cause to the State court shall be reviewable by the Supreme Court on writ of error or appeal, as the case may be.

cause.

Circuit court to SEC. 6. That the circuit court of the United States shall, in all suits proceed as if cause removed under the provisions of this act, proceed therein as if the suit originally brought had been originally commenced in said circuit court, and the same proceedings had been taken in such suit in said circuit court as shall have been had therein in said State court prior to its removal.

there.

court.

Time for filing SEC. 7. That in all causes removable under this act, if the term of record in circuit the circuit court to which the same is removable, then next to be holden, shall commence within twenty days after filing the petition and bond in the State court for its removal, then he or they who apply to remove the same shall have twenty days from such application to file said copy of record in said circuit court, and enter appearance therein; and if done within said twenty days, such filing and appearance shall be taken Refusal of clerk to satisfy the said bond in that behalf; that if the clerk of the State of State court to court in which any such cause shall be pending, shall refuse to any one furnish copy of or more of the parties or persons applying to remove the same, a copy record. of the record therein, after tender of legal fees for such copy, said clerk so offending shall be deemed guilty of a misdemeanor, and, on conviction thereof in the circuit court of the United States to which said action, or proceeding was removed, shall be punished by imprisonment not more than one year, or by fine not exceeding one thousand dollars, or both in the discretion of the court.

Punishment.

Certiorari to

turn record.

And the circuit court to which any cause, shall be removable under State court to re- this act shall have power to issue a writ of certiorari to said State court commanding said State court to make return of the record in any such cause removed as aforesaid, or in which any one or more of the plaintiffs or defendants have complied with the provisions of this act for the removal of the same, and enforce said writ according to law; and if it shall be impossible for the parties or persons removing Proceedings any cause under this act, or complying with the provisions for the rewhen record not moval thereof, to obtain such copy, for the reason that the clerk of said filed by reason of State court refuses to furnish a copy, on payment of legal fees, or for refusal of clerk, any other reason, the circuit court shall make an order requiring the prosecutor in any such action or proceeding to enforce forfeiture or recover penalty as aforesaid, to file a copy of the paper or proceeding by which the same was commenced, within such time as the court may determine; and in default thereof the court shall dismiss the said action or proceeding; but if said order shall be complied with, then said circuit-court shall require the other party to plead, and said action, or proceeding shall proceed to final judgment; and the said circuit court may make an order requiring the parties thereto to plead de novo; and the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid.

&c.

How absent de

force or remove

SEC. 8. That when in any suit, commenced in any circuit court of the fendants brought United States, to enforce any legal or equitable lien upon, or claim to, in in suits to en- or to remove any incumbrance or lien or cloud upon the title to real or liens, &c., on prop- personal property within the district where such suit is brought, one or more of the defendants therein shall not be an inhabitant of, or found within, the said district, or shall not voluntarily appear thereto, it shall

erty.

Proceedings after

be lawful for the court to make an order directing such absent defendant or defendants to appear, plead, answer, or demur, by a day certain to be designated, which order shall be served on such absent defendant or defendants, if practicable, wherever found, and also upon the person or persons in possession or charge of said property, if any there be; or where such personal service upon such absent defendant or defendants is not practicable, such order shall be published in such manner as the court may direct, not less than once a week for six consecutive weeks; and in case such absent defendant shall not appear, plead, answer, or demur within the time so limited, or within some further time, to be allowed by the court, in its discretion, and upon proof of the service or publication of said order, and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdic- publication, &c. tion, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; but said adjudication shall, as regards said absent Effect of judgdefendant or defendants without appearance, affect only the property ment, &c., against which shall have been the subject of the suit and under the jurisdiction absent defendant. of the court therein, within such district. And when a part of the said Where property, real or personal property against which such proceeding shall be taken partly in one and shall be within another district, but within the same State, said suit may partly in another district of same be brought in either district in said State; Provided, however, That any State. defendant or defendants not actually personally notified as above provided may, at any time within one year after final judgment in any suit mentioned in this section, enter his appearance in said suit in said circuit court, and thereupon the said court shall make an order setting aside the Judgment to be judgment therein, and permitting said defendant or defendants to plead set aside within therein on payment by him or them of such costs as the court shall deem fendant not actujust; and thereupon said suit shall be proceeded with to final judgment ally notified. according to law.

one year when de

SEC. 9. That whenever either party to a final judgment or decree which Death of party has been or shall be rendered in any circuit court has died or shall die to final judgment, before the time allowed for taking an appeal or bringing a writ of error for appeal or writ &c., before time has expired, it shall not be necessary to revive the suit by any formal of error expired. proceedings aforesaid. The representative of such deceased party may file in the office of the clerk of such circuit court a duly certified copy of his appointment and thereupon may enter an appeal or bring writ of error as the party he represents might have done. If the party in whose favor such judgment or decree is rendered has died before appeal taken or writ of error brought, notice to his representatives shall be given from the Supreme court, as provided in case of the death of a party after appeal taken or writ of error brought.

SEC. 10. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Approved, March 3, 1875.

Repeal of conflicting acts.

March 3, 1875.

Manslaughter,

CHAP. 138.-An act relating to the punishment of the crime of manslaughter. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whoever shall hereafter be convicted of the crime of manslaughter, in any court of the United punishment for. States, in any State or Territory, including the District of Columbia, shall be imprisoned not exceeding ten years, and fined not exceeding one thousand dollars: Provided, That this act shall not affect or apply to any prosecution now pending, or the prosecution of any offence already committed.

SEC. 2. That all acts or parts of acts inconsistent with this act are hereby repealed: Provided, That said acts shall remain in force for the punishment of all persons who have heretofore committed the crime of manslaughter.

Approved, March 3, 1875.

Repeal of inconsistent acts.