Provided, That this act shall not apply to cases of fraud. And provided further, That nothing in this act shall have the effect to change the present rules of law respecting evidence in any prosecution or suit [May 13, 1876.] CHAPTER 102. AN ACT TO AMEND THE ACT ENTITLED "AN ACT ENTITLED 'AN ACT TO ENCOURAGE EIGHTEEN HUNDRED AND SEVENTY-FOUR. SECTION 1. Claimants to public lands on account of planting, &c., timber, whose trees are destroyed by grasshoppers, allowed extension of rights. Be it enacted, &c. SECTION 2. Planting seeds, nuts, or cuttings deemed com- 3. Trees, &c., may be planted in separate bodies. May 20, 1876. 19 Stat. L., 54. Claimants to [SECTION 1], That section three of the act entitled (1) "An act to amend the act entitled 'An act to encourage the growth of timber on public land on acthe western prairies,"" is hereby amended by adding thereto the follow- count of planting, ing further proviso: &c., timber, whose trees are destroyed by grasshoppers, allowed extension of rights. R. S., § 2317, 2464-2468. Provided, further, That whenever a party holding a claim under the provisions of this act, or whenever making final proof under the same, shall prove by two good and credible witnesses that the trees planted and growing on said claim were destroyed by grasshoppers during any one or more years while holding said claim, said year or years in which 1874, March 13, said trees were so destroyed shall not work any forfeiture of any of the ch. 55. rights or privileges conferred by this act; and the time allowed by this act in which to plant the trees and make final proof shall be extended the same number of years as the trees planted on the said claim were destroyed in the manner specified in this section. 1878, June 3, ch. 152. 1878, June 14, ch. 190, § 2. 1879, July 1, ch. 63, § 2. SEC. 2. That the planting of seeds, nuts, or cuttings shall be consid-Planting seeds, ered a compliance with the provisions of the timber-culture act: nuts, or cuttings to be replanted in Provided, That such seeds, nuts, or cuttings of the kind and for the deemed complipurpose contemplated in the original act shall be properly and well ance with law, but planted, the ground properly prepared and cultivated; and in case such certain cases, &c. seeds, nuts, or cuttings should not germinate and grow, or should be R. S., §§ 2317, destroyed by the depredations of grasshoppers, or from other inevitable 2464-2468. accident, that the ground shall be replanted or the vacancies filled within one year from the first planting: 1874, June 3, ch. 55. Provided, further, That parties claiming the benefit of the provisions 190. of this act shall prove, by two good and credible witnesses, that the ground was properly prepared and planted in such seeds, nuts, or cuttings, and were so destroyed by inevitable accident in such year. SEC. 3. That it shall not be necessary to plant trees, seeds, nuts, or Trees, &c., may cuttings in one body, provided the several bodies, not exceeding four be planted in sepain number, planted by measurement, aggregate the amount required and rate bodies. in the time required by the original and amended act. [May 20, 1876.] 2464-2468. NOTE. (1) The act of 1874, March 13, ch. 55, here referred to, seems to be superseded by the act of 1878, 55. R. S., §§ 2317, 1874, June 3, ch. CHAPTER 103. May 23, 1876. 19 Stat. L., 54. Monuments to be erected to deceased AN ACT RELATING TO INTERMENTS IN THE CONGRESSIONAL CEMETERY. Monuments to be erected to deceased Senators and Representatives interred in Congressional Cemetery. Be it enacted, &c., That hereafter whenever any deceased Senator or Member of the House of Representatives shall be actually interred in Senators and Repthe Congressional Cemetery, so-called, it shall be the duty of the Ser- resentatives ingeant-at-Arms of the Senate, in the case of a Senator, and of the Ser- terred in Congresgeant-at-Arms of the House of Representatives, in the case of a member sional Cemetery. 1848, July 25, ch. 109, § 2 (9 Stat. L., 250). 1858, May 18, ch. 38, § 1(11 Stat. L., 289). of the House, to have a monument erected, of granite, with suitable inscriptions, and the cost of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to whichever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are hereby directed and authorized to be supplied in like manner, and all laws upon the subject of monuments in the Congressional Cemetery are hereby repealed. [May 23, 1876.] May 23, 1876. 19 Stat. L., 55. Pre-emptors whose crops have CHAPTER 104. AN ACT TO EXTEND THE TIME TO PRE-EMPTORS ON THE PUBLIC LANDS Pre-emptors whose crops have been destroyed by grasshoppers within past two years allowed further time to make proof and payment. Be it enacted, &c., That whenever any pre emptor on public lands or been destroyed by Indian reservations shall make satisfactory proof, at the local land office, grasshoppers with- under rules and regulations to be prescribed by the Secretary of the in past two years allowed further Interior, that the crops upon the lands occupied by him have been detime to make proof stroyed by grasshoppers within two years prior to the passage of this and payment. act, the time within which such pre-emptor is required to make final 1877, March 3, proof and payment is hereby extended two years. [May 23, 1876.] ch. 127. CHAPTER 105. May 23, 1876. 19 Stat. L., 55. AN ACT EXTENDING THE TIME WITHIN WHICH HOMESTEAD ENTRIES UPON CERTAIN Unoccupied lands of Ottawa and Chippewa Indians; patents to issue for part, and remainder subject to homestead entry. Unoccupied, &c., Be it enacted, &c., That section one (1) of an act entitled "An act to lands of Ottawa amend an act entitled 'An act for the restoration to market of certain and Chippewa In- lands in Michigan,' approved June tenth, eighteen hundred and seventyissue for part, and two,"(1) approved March third, eighteen hundred and seventy-five, be, remainder subject and hereby is, amended so as to read as follows: dians; patents to try. 2316. to homestead en- That the act approved June tenth, eighteen hundred and seventyR. S., §§ 2313- two, entitled "An act for the restoration to market of certain lands in Michigan," be, and is hereby, amended so as to authorize the Secretary 1875, March 3, of the Interior to cause patents to be issued to three hundred and twenty ch. 188, § 1. members of the Ottawas and Chippewas of Michigan for the selections found to have been made by them, but which were not, prior to the passage of said act, regularly reported and recognized by the Secretary of the Interior and Commissioner of Indian Affairs; and the remainder of said lands not disposed of, and not valuable mainly for pine timber, shall be subject to entry under the homestead laws. [May 23, 1876.] NOTE. (1) The act of 1872, ch. 224 (17 Stat. L., 381), here referred to, is incorporated into Revised June 10, 1876. 19 Stat. L., 58. Treasurer of SECTION CHAPTER 122. AN ACT TRANSFERRING THE CUSTODY OF CERTAIN INDIAN TRUST-FUNDS 1. Treasurer of United States to be custodian -to collect and pay over to Secretary of In- SECTION Treasurer of United States to make future purchases and sales. -without affecting supervisory power of Secretary of Interior. Be it enacted, &c., That all stocks, bonds, or other securities or eviUnited States to be dences of indebtedness now held by the Secretary of the Interior in trust for the benefit of certain Indian tribes shall, within thirty days custodian of Indian trust securities. from the passage of this act, be transferred to the Treasurer of the United States, who shall become the custodian thereof; R. S., § 3659. 1874, June 20, ch. 388, par. 2; 1880. April 1, ch. 41. 1880, May 11, ch. 85, § 6. Treaurer to col And it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, &c., and deposit the same in the Treasury of lect interest and the United States, and to issue certificates of deposit therefor, in favor pay over to Secreof the Secretary of the Interior, as trustees for various Indian tribes. tary of Interior. R. S., §§ 2095 And the Treasurer of the United States shall also become the custodian -to make future of all bonds and stocks which may be purchased for the benefit of any purchases and sales. Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases and sales of bonds and stocks authorized by 2097, 3659. treaty-stipulations or by acts of Congress when requested so to do by the Secretary of the Interior: without affect Provided, That nothing in this act shall in any manner impair or affect the supervisory and appellate powers and duties in regard to Indian ing supervisory affairs which may now be vested in the Secretary of the Interior as powers of Secretary of Interior. trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as herein before mentioned. [June 10, 1876.] CHAPTER 133. AN ACT TO AMEND IN SECTION FIFTY-TWO HUNDRED AND SEVENTY-ONE OF THE June 19, 1876. 19 Stat. L., 59. Evidence in cases of complaint, &c., for extradition of fugitives from jus Evidence in cases of complaint, &c., for extradition of fugitives from justice from foreign countries. Be it enacted, &c., That section fifty-two hundred and seventy-one of the Revised Statues be amended so as to read as follows: (1) "In every case of complaint and of a hearing upon the return of the warrant of arrest, any depositions, warrants, or other papers offered in tice from foreign evidence, shall be admitted and received for the purpose of such hearing countries. Substiif they shall be properly and legally authenticated so as to entitle them tute for. to be received as evidence of the criminality of the person so apprehended, by the tribunals of the foreign country from which the accused party shall have escaped, and copies of any such depositions, warrants or other papers, shall, if authenticated according to the law of such foreign country, be in like manner received as evidence; And the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any such deposition, warant or other paper, or copy thereof, is authenticated in the manner required by this section." [June 19, 1876.] NOTE.-(1) This act has been incorporated into the second edition of the Revised Statutes in § 5271. R. S., § 5271. 7 Blatch., 345. CHAPTER 134. AN ACT TO AMEND "AN ACT FOR THE RELIEF OF CERTAIN SETTLERS ON THE PUBLIC Time extended to pre-emptors, &c., for making proof where crops have been destroyed by grasshoppers. Act extended to settlers under act to encourage June 19, 1876. 19 Stat. L., 59. Be it enacted, &c., That all the rights and privileges granted by "An Time extended to act for the relief of certain settlers on the public lands, approved De- pre-emptors, &c., cember twenty-eight, one thousand eight hundred and seventy-four, are where crops have for making proof hereby extended for one year after the expiration of the time named in been destroyed by said act. grasshoppers. 1874, Dec. 28, ch. 10. Act extended to to encourage And all the rights and privileges extended by this act to homestead settlers under act and preemption settlers, shall apply to, and include, the settlers under growth of timber. an act entitled "An Act to encourage the growth of timber on western R. S., § 2317, prairies," approved March third, eighteen hundred and seventy-three and the acts amendatory thereof.(1) [June 19, 1876.] 2464-2468. 63. 1879, July 1, ch. NOTE.-(1) The act of 1873, ch. 277 (17 Stat. L., 605), here referred to, is incorporated in the Revised June 20, 1876. 19 Stat. L., 60. cuted by one mem CHAPTER 136. AN ACT RELATING TO THE EXECUTION OF CUSTOM-HOUSE BONDS. Bonds of partnerships for payment of customs duties may be executed by one member in name of firm. Bonds of partBe it enacted, &c., That when any bond is required by law to be exenerships for pay- cuted by any firm or partnership for the payment of duties upon goods, ment of customs wares or merchandise, imported into the United States by such firm or duties may be exe- partnership, the execution of such bond by any member of such firm or ber in name of firm. partnership, in the name of said firm or partnership, shall bind the other R. S., § 2776- members or partners thereof, in like manner and to the same extent, as 2778, 2825, 2842, if such other members or partners had personally executed the same. And any action or suit may be instituted on such bond against all the members or partners of such firm, as if all of the members or partners had executed the same. [June 20, 1876.] 2925. CHAPTER 137. AN ACT ESTABLISHING CHEBOYGAN, IN THE STATE OF MICHIGAN, A PORT OF DE- Cheboygan made port of entry instead of Duncan City. Be it enacted, &c., That Cheboygan, in the State of Michigan, being within the collection district of Michigan, be, and the same hereby is, declared a port of delivery instead of Duncan City; and the office of deputy collector now located at Duncan City be, and the same is hereby, removed to Cheboygan. And all acts and parts of acts declaring Duncan City a port of entry are hereby repealed. [June 20, 1876.] June 26, 1876. 19 Stat. L., 61. Number of assist CHAPTER 146. AN ACT TO REDUCE THE NUMBER AND INCREASE THE EFFICIENCY OF THE MEDICAL Number of assistant surgeons in Army. Additional grade of surgeons established. Be it enacted, &c., That the number of assistant surgeons now allowed ant surgeons in Ar- by law shall be reduced to one hundred and twenty-five; my. R. S., § 1168. Medical storekeepers abolished. Additional grades of surgeons established. That the office of medical storekeeper is hereby abolished; That from and after the passage of this act, in addition to the grades now allowed by law, there shall be four surgeons with the rank, pay, and emoluments of colonel; eight surgeons with the rank, pay and emoluments of lieutenant-colonels, to be promoted by seniority from the medical officers of the Army; That this shall not be construed to deprive any medical officer or storekeeper now in office of his commission in the United States Army. [June 26, 1876.] CHAPTER 147. AN ACT TO FURTHER THE ADMINISTRATION OF JUSTICE IN THE STATE OF COLORADO. SECTION 1. Colorado: subject to laws of United States. -circuit and district courts in, when and 2. Jurisdiction of circuit and district courts in. 3. Salary of district judge. 4. Marshal, district attorney, clerk of courts, and other officers of courts in. Be it enacted, &c. SECTION 5. Appeals from, and writs of error in Supreme Succession to supreme court of Territory. 6. Judgment of supreme court of Territory; how 7. District judge of Nebraska to act tempora- 8. Transfer of cases from Territorial courts to June 26, 1876. 19 Stat. L., 61. 1875, March 3, [SECTION 1], That when the State of Colorado shall be admitted into Colorado subject the Union, according to the provisions of the act entitled "An act to to laws of United enable the people of Colorado to form a constitution and State govern- States. ment, and for the admission of said State into the Union on an equal ch.139. footing with the original States," approved March third, eighteen hundred and seventy-five, (1) the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States; And said State shall constitute one judicial district, to be called the district of Colorado; and for said district a district judge and a marshal and a district attorney of the United States shall be appointed by the President, by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for similar officers in the other States, except as herein otherwise provided; --- 4 Dillon, 251. -to constitute a judicial district, with a judge, marshal, and district attorney. 82. R. S., § 530. And said district of Colorado shall be attached to, and constitute a part of eighth part of, the eighth judicial circuit; And a term of the circuit court and district court for said district shall be held at Denver in said State on the first Tuesday of July and the first Tuesday of December in each year. And one grand jury and one petit jury only shall be summoned and serve in both of said courts. judicial circuit. when and where circuit and district courts in. SEC. 2. That the circuit and district courts for the district of Colorado, and the judges thereof respectively, shall possess the same powers and jurisdiction, and perform the same duties possessed and required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. SEC. 3. That the district judge appointed for the district of Colorado shall receive as his compensation the sum of three thousand five hun- judge. dred dollars a year, payable in four equal installments on the first days of January, April, July, and October of each year. SEC. 4. That the marshal, district attorney, and the clerk of the circuit and district courts of said district of Colorado, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to other similar officers and persons performing similar duties by the laws of the United States, excepting such provisions thereof as are specially applicable to some particular officer or district. Salary of district R. S., § 554. Marshal, district attorney, clerk of courts, and other officers of courts in. R. S., §§ 555, 619, 627,776, 824-829. SEC. 5. That all cases of appeal or writ of error heretofore prose- Appeals from and cuted and now pending in the Supreme Court of the United States writs of error in upon any record from the supreme court of the Territory of Colorado, United States. Supreme Court of or that may hereafter be lawfully prosecuted from said court, may be R. S., § 702. heard and determined by the Supreme Court of the United States, and the remand of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district NOTE. (1) The President issued his proclamation August 1, 1876, hereinafter printed, 1876, No. 6, declaring the admission of Colorado as a State into the Union. |