Imágenes de páginas

able for periods not exceeding twelve years, and the persons who may be at such time the owner or owners of improvements erected upon such lands, shall be entitled to such renewed leases, and to continue in possession of such lands, on such conditions as may be agreed upon by him

or them and such councillors; Renewal of And in case they cannot agree upon the conditions of such leases, or leases, continued. the amount of annual rents to be paid, then the said councillors shall

appoint one person, and the other party or parties shall choose one person, as referees to fix and determine the terms of said lease and the amount of annual rent to be paid; and if the two so appointed and chosen cannot agree, they shall choose a third person to act with them, the award of whom, or the major part of whom, shall be final and binding upon the parties;

And the person or persons owning said improvements shall be entitled to a lease of said land and to occupy and improve the same according to the terms of said award, he or they saying rent and otherwise complying with the said lease or said award;

And whenever any lease shall expire after its renewal as aforesaid, it may, at the option of the lessee, his heirs or assigns, be renewed in the

manner hereinbefore provided. Seneca Nation SEC. 4. That said Seneca Nation is hereby authorized, by resolution not owned by indi of its councillors, duly elected according to the laws and system of govviduals.

ernment of said nation, or in such other manner as said nation in council may determine, to lease lands within said villages to which, by the Jaws or customs of said nation, no individual Indian or Indians, or other person claiming under him or them, has or is entitled to the rightful

possession. Survey of vil- Sec. 5. That it shall be the further duty of the said commissioners lage lands now to cause all lands within such villages now leased, as hereinbefore men. leased.

tioned, to be surveyed and defined as near as may be, and to cause the same to be designated upon the maps of such villages hereinbefore men

tioned and provided for. Recording leases. All leases of lands within said villages, whether now existing or here

after to be made under the provisions of this act, shall be recorded in the office of the clerk of said county of Cattaraugus in the same manner and with like effect as similar instruments relating to lands lying in said county outside of said reservations are recorded by the laws of said

State of New York. Assignment, de- All leases herein mentioned or provided for shall pass by assignment vise, and descent of in writing, will, descent, or otherwise in the manner provided by the leases.

laws of said State :

Provided, however, That the rights of Indians in such leases shall

descend as provided by the laws of said Seneca Nation. Rents due Sene- Sec. 6. That all moneys arising from rents under the provisions of ca Nation, how re- this act which shall belong to said Seneca Nation shall be paid to and covered and ap- recoverable by the treasurer of said Seneca Nation, and expended in the plicd.

same manner and for the same purposes as are other revenues or moneys

belonging to said Seneca Nation. Jurisdiction of SEC. 7. That the courts of the State of New York within and for the courts in New county of Cattaraugus, having jurisdiction in real actions, and the cirYork.

cuit and district courts of the United States in and for the northern R. S., 541, 563, district of said State, shall have jurisdiction of all actions for the recov629.

ery of rents and for the recovery of possession of any real property within the limits of said villages, whether actions of debt, ejectment, or other forms of action, according to the practice in said courts; and actions of forcible entry and detainer, or of unlawful detainer arising in said villages, may be maintained in any of the courts of said county

which have jurisdiction of such actions. Laws of New SEC. 8. That all laws of the State of New York now in force concernYork as to laying ing the laying out, altering, discontinuing, and repairing highways and wa’ye, to be in bridges shall be in force within said villages, and may, with the consent force in villages. of said Seneca Nation in council, extend to, and be in force beyond, said villages in said reservations, or in either of them; and all municipal laws and regulations of said State may extend over and be in force within said villages:

Taxation of InProvided, nevertheless, That nothing in this section shall be construed

dians not authorto authorize the taxation of any Indian, or the property of any Indian

ized. not a citizen of the United States. (February 19, 1875.]




Feb. 20, 1875. 18 Stat. L., 332.

Faith of United States pledged to secure payment | Registered bonds may be issued instead of coupon of certain District of Columbia bonds.


Be it enacted, &c., That the seventh section of the act of Congress en- Faith of United titled “An act for the government of the District of Columbia, and for States pledged to other purposes”, approved June twentieth, eighteen hundred and sev. secure payment of enty-four, be, and the same is hereby, amended by inserting the words certain District of “do so" after the fortieth word following the first period in said section, 1874, June 20, so that it will read: “And the faith of the United States is hereby ch.337, 9 7. pledged that the United States will, by proper proportional appropria- 1879, March 3,

ch. 182. tions as contemplated in this act, and by causing to be levied upon the

14 Opin. Att'yproperty within said District such taxes as will do so, provide the reve- Gen., 445,544. nues necessary to pay the interest on said bonds as the same may be- 15 Opin. Att'ycome due and payable, and create a sinking fund for the payment of the Gen., 56. principal thereof at maturity":

Provided That registered bonds may be issued in lieu of coupon bonds Registered bonds as provided in said act or exchanged for coupon bonds already issued, may be issued inand the interest of all said bonds shall be payable at the Treasury of stead of coupon

. the United States. (February 20, 1875.]

1875, March 3, ch. 162, § 18.



Feb. 22, 1875. 18 Stat. L., 333.

1. Accounts for costs, &c., of clerks, marsbals,

and district attorneys; how proved, &c., be

fore taxing or allowing. - of commissioners. Accounts and vouchers to be forwarded in

duplicate. 2. Clerk and marshal, when to give increased

bond. 3. Bonds of clerks of Supreme, circuit, and dis

trict courts. Notice to execute now bonds to be given by

district attorneys. Attorney - General may require increased

bonds of clerks of court.


Copies of clerks' bonds to be evidence; dis

position of originals.
4. Mandamus by circuit court to officers to per-

form duties of this act.
5. Clerk of district or circuit court failing to

make any report, &c., to be removed.
- appointment of successor of.

disqualification or removal.
6. - additional punishment.
7. Mileage and expenses of attorneys, marshals,

and clerks, how auditod and paid.
8. Repeal.

Be it enacted, &c.

[SECTION 1], That before any bill of costs shall be taxed by any judge Accounts for or other officer, or any account payable out of the money of the United costs, &c., of States shall be allowed by any officer of the Treasury, in favor of clerks, clerks, marshals, marshals, or district attorneys, the party claiming such account shall and district attorrender the same, with the vouchers and items thereof, to a United States &c., before taxing circuit or district court, and, in presence of the district attorney or his or allowing sworn assistant, whose presence shall be noted on the record, prove in R. S., Ø Ø 824, 828,

829. open court, to the satisfaction of the court, by his own oath or that of other persons having knowledge of the facts, to be attached to such account, that the services therein charged have been actually and neces


sarily performed as therein stated; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be entered of record an order approving or disapproving the

account, as may be according to law, and just. - of commission- United States commissioners shall forward their accounts, duly veri

fied by oath, to the district attorneys of their respective districts, by whom they shall be submitted for approval in open court, and the court

shall pass upon the same in the manner, aforesaid. Accounts and Accounts and vouchers of clerks, marshals, and district attorneys, made in duplicate. duplicate". vouchers to be shall be made in duplicate, to be marked respectively "original” and

And it shall be the duty of the clerk to forward the original accounts and vouchers of the officers above specified, when approred, to the proper accounting officers of the Treasury, and to retain in his office the duplicates, where they shall be open to public inspection at all times.

Nothing contained in this act shall be deemed in any wise to diminish or affect the right of revision of the accounts to which this act applies by the accounting officers of the Treasury, as exercised under the laws

now in force. Clerk and inar- Sec. 2. That whenever the business of the courts in any judicial disshal; when to trict shall make it necessary, in the opinion of the Attorney General, give increased bond.

for the clerk or marshal to furnish greater security than the official bond R. S., 99 783,795. now required by law, a bond in a sum not to exceed forty thousand dol

lars shall be given when required by the Attorney General, who shall

fix the amount thereof. Bonds of clerks SEC. 3. That the clerks of the Supreme Court and the circuit and disof Supreme, cir: trict courts, respectively, shall each, before he enters upon the execution cuit, and district of his office, give bond, with sufficient sureties, to be approved by the courts. R. S., 795. court for which he is appointed, to the United States, in the sum of not

less than five, and not more than twenty thousand dollars, to be determined and regulated by the Attorney-General of the United States, 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; Notice toexecute And it shall be the duty of the district attorneys of the United States, new bonds to be upon requirement by the Attorney General, to give thirty days notice given by district of motion in their several courts that new bonds, in accordance with attorneys.

the terms of this act, are required to be executed; and upon failure of

any clerk to execute such new bonds, his office shall be deemed vacant. Attorney-Gen- The Attorney General may at any time, upon like notice through the eral may require district attorney, require a bond of increased amount, in his discretion, clerks of courts.

from any of said clerks within the limit of the amount above specified; and the failure of the clerk to execute the same shall in like manner

vacate his office. Copies of clerks' All bonds given by the clerks shall, after approval, be recorded in bonds to be evi- their respective offices, and copies thereof from the records, certitied by dence; disposition the clerks respectively, under seal of court, shall be competent evidence of originals.

in any court. The original bonds shall be filed in the Department of

Justice. Mand a mus by SEC. 4. That the circuit courts of the United States, for the purposes circuit court to of- of this act, shall have power to award the writ of mandamus, according ficers to perform to the course of the common law, upon motion of the Attorney-General

or the district attorney of the United States, to any officer thereof, to compel him to make the returns and perform the duties in this act re

quired. Clerk of district SEC. 5. That if any clerk of any district or circuit court of the United or circuit court States shall willfully refuse or neglect to make any report, certificate, failing to make any statement, or other document required by law to be by him made, or report, &c., to be removed.

shall willfully refuse or neglect to forward any such report, certificate, R. S., 90 797, 798. statement, or document to the department, officer, or person to whom, 1879; March 1, by law, the same should be forwarded, the President of the United ch. 125, \ 2.

States is empowered, and it is hereby made his duty, in every such case, to remove such clerk 80 offending from office by an order in writing for that purpose.

And upon the presentation of such order, or a copy thereof, authenticated by the Attorney-General of the United States, to the judge of the court whereof such offender is clerk, such clerk shall thereupon be deemed to be out of office, and shall not exercise the functions thereof.

And such district judge, in the case of the clerk of a district court, – appointment of shall appoint a successor; and in the case of the clerk of a circuit court, successor. the circuit jadge shall appoint a successor.

And such person so removed shall not be eligible to any appointment – disqualification as clerk or deputy clerk for the period of two years next after such re- on removal. moval.

SEC. 6. That if any clerk mentioned in the preceding section shall -- additional pun. willfully refuse or neglect to make or to forward any such report, cer- ishment.

R.S., \ 797. tificate, statement, or document therein mentioned, he shall be deemed

1879, March 1, guilty of a misdemeanor, and shall be punished by a fine not exceeding ch. 125,9 2. one thousand dollars, or by imprisonment not exceeding one year, in the discretion of the court; but a conviction under this section shall not be necessary as a condition precedent to the removal from office provided for in this act.

SEC. 7. That the proviso in the sixth paragraph of the act entitled Mileage and ex“An act making appropriations for the support of the army for the fis- penses of attorcal year ending June thirtieth, eighteen hundred and seventy-five, and and clerks; how for other purposes," approved June sixteenth, eighteen hundred and audited and paid. seventy-four, shall not be construed to apply or to have applied to attor. R. S., \ \ 827, 828,

830. neys, marshals, or clerks of courts of the United States, their assistants

1874, June 16, or deputies.

ch. 285, And all accounts of said attorneys, marshals, and clerks, for mileage 1875, March 3, and for expenses incurred subsequent to the first day of July, eighteen ch, 133, 5.1, par.1, hundred and seventy-four, and prior to the first day of January, eighteen

15 Opin. Att’yhundred and seventy five, shall and may be audited, allowed, and paid 16' Opin. Att'y

Gen., 108. at the Treasury Department of the United States in the same manner Gen., 165. as if said act had not been passed.

And from and after the first day of January, eighteen hundred and seventy-five, no such officer or person shall become entitled to any allowance for mileage or travel not actually and necessarily performed under the provisions of existing law.

SEC. 8. That all acts inconsistent with the provisions of this act are Repeal. hereby repealed. (February 22, 1875.]




Feb. 23, 1875.

18 Stat. L., 334. Purchasers of lands in Missouri as swamp lands to have priority to pre-empt or homestead if lands

not in fact swamp. Be it enacted, &c., That in all cases in the State of Missouri where Purchasers of lands have heretofore been selected and claimed as swamp and over- lands in Missouri flowed lands by said State, and the various counties therein, by virtue have priority to of any act of Congress, and said lands have been withheld from market pre-empt or homein consequence thereof by the General Government, and the said State stead if lands not and counties have sold said lands to actual settlers, and said settlers in fact swamp;

R. S., $ 2257, have improved the same to the value of one hundred dollars; said set

2289. tlers, their heirs, assigns, and legal representatives, who have continued to reside thereon, shall have priority of right to preëmpt or homestead all such lands as may be rejected by the United States as not being in fact swamp and overflowed lands; And it shall be the duty of the Secretary of the Interior to make such

etary rules and regulations as may be necessary to carry into effect the provisions of this act:


Prorided, That nothing herein contained shall prejudice the rights of any person who may have made actual settlement upon such lands under the preëmption or homestead laws prior to the passage of this act. (February 23, 1875.]



March 1, 1875. 18 Stat. L., 335.


Preamble; equity of rights.
1. All persons to have equal rights in inns, pub.

lic conveyances, theaters, and places of

publio amusement. 2. Persons violating

provisions liable to penalty.
Election of remedies by persons aggrieved."

Judgment on one bars both remedies.
3. Jurisdiction of courts.
District attorneys, marshals, and commission-

crs to instituto proceedings against persons
violating act.


Rights of civil actions not affected.
Failure of district attorney to prosecuto.

Effect of judgment against district attorney. 4. Jurors not to be excluded on account of race

or color. 5. Supreme Court may reviow all cases under

this act.

Equality of Whereas, it is essential to just government we recognize the equality of rights.

all men before the law, and hold that it is the duty of government in its Const. 14th

Amend. dealings with the people to mete out equal and exact justice to all, of whatR. S., DO 19771991.

ever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law : Therefore,

Be it enacted, &c. All persons to (SECTION 1], That all persons within the jurisdiction of the United havo.equal rights States shall be entitled to the full and equal enjoyment of the accom. in inns, public conveyances, theaters,

modations, advantages, facilities, and privileges of inns, public convey. and places of pub- ances on land or water, theaters, and other places of public amusement; lic amusement. subject only to the conditions and limitations established by law, and R.S., ) 1977.

applicable alike to citizens of every race and color, regardless of any

previous condition of servitude. Persons violat. SEC. 2. That any person who shall violate the foregoing section by ing provisions lia- denying to any citizen, except for reasons by law applicable to citizens ble to penalty. of every race and color, and regardless of any previous condition of R. S., \ 1980.

servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such of fense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than

one year : Election of rein- Provided, That all persons may elect to sue for the penalty aforesaid edies by, persons or to proceed under their rights at common law and by State statutes ; aggrieved.

and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso 'shall not apply to criminal proceedings, either under this act or the

criminal law of any State: Judgmenton one And provided further, That a judgment for the penalty in favor of the bars both reme- party aggrieved, or a judgment upon an indictment, shall be a bar to dies.

either prosecution respectively. Jurisdiction of SEC. 3. That the district and circuit courts of the United States shall courts.

have, exclusively of the courts of the several States, cognizance of all R. S., $ 563, par. crimes and offenses against, and violations of, the provisions of this act; 12.

R. 8., 9 629, pars. and actions for the penalty given by the preceding section may be pros16, 17.

ecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party;

« AnteriorContinuar »