GENERAL LAWS OF THE UNITED STATES ENACTED BY THE FORTY-FIFTH CONGRESS-THIRD SESSION IN THE YEARS 1878-1879. NOTE.-The omitted chapters and parts of chapters are private, special, local, or temporary acts not In the margin and in the notes, the letters R. S. refer to the Revised Statutes, and S. L. and STAT. CHAPTER 2. AN ACT ESTABLISHING THE RANK OF THE SENIOR INSPECTOR-GENERAL. Senior Inspector-General to rank as brigadier-general. Dec. 12, 1878. 20 Stat. L., 257. Senior Inspect R. S., § 1131. Be it enacted, &c., That from and after the passage of this act the rank of the senior inspector-general of the United States army shall be brig- or-General to rank as brigadier-genadier-general; but no pay or allowances shall be made to said officer eral. other than from the date of appointment under this act: And provided, That nothing herein enacted shall authorize any increase in the number or the rank of the other officers of the InspectorGeneral's Department as fixed by the first section of the act of June twenty-third, eighteen hundred and seventy-four. [December 12, 1878.] 458, § 1. CHAPTER 5. AN ACT TO CORRECT AN ERROR OF ENROLLMENT IN BILL MAKING APPROPRIATIONS Hot Springs Commission; how appointed, &c. -and bath-houses, &c. Rate of tax per tub. Rights not prejudiced. Limitation of number of bath tubs to be supplied, Free baths. Fraction of lots. Titles on condition. Springs dedicated to United States. Be it enacted, &c., That the sum of twenty-seven thousand five hun dred dollars, or so much thereof as may be necessary, is hereby appropriated to pay for clerk hire, engineering, marshal's fees, salaries, and other expenses of the Hot Springs Commission; Dec. 16, 1878. 20 Stat. L., 258. Appropriation for Hot Springs commission. (391) ch. 108. Hot Springs And the President of the United States be, and he is hereby, authorCommission; how ized to appoint with the advice and consent of the Senate, three disappointed, &c. 1877, March 3, creet, competent, and disinterested persons, who shall constitue a board of commissioners, any two of whom shall constitute a quorum, who shall hold their offices for the period of one year from the date of their appointment, and shall have the same powers and authority in all respects as was provided for the commissioners appointed under the act of Congress approved March third, eighteen hundred and seventy-seven, entitled "An act in relation to the Hot Springs reservation in the State of Arkansas"; which act is hereby revived and continued in full force for the purpose of enabling said board of commissioners to take possession of all records, papers, and proofs, and to determine the claims presented to the board of commissioners appointed under said act, whose term of office has expired, and to do and perform all other acts and duties authorized by said act. Secretary of Interior to give lease of Arlington Hotel. -and bath-houses, &c. 1877, March 3, ch. 108, § 4. 1878, June 20, ch. 359, 1, par. 15. Rate of tax per tub. Rights not prejudiced. Limitation of And the Secretary of the Interior is hereby directed to lease to the present proprietors of the Arlington Hotel or their assigns the grounds, not exceeding one acre, now occupied by them, for a period of ten years, unless otherwise provided by law, at an annual rental of one thousand dollars. And he is further directed to lease the bath-houses of a permanent nature now upon the Hot Springs reservation to the owners of the same, and lease to any person or persons upon such terms as may be agreed on, sites for the building of other bath-houses for the term of five years, unless otherwise provided by law, under such rules and regulations as he may prescribe; And the tax imposed shall not exceed fifteen dollars per tub per annum, including land rent: Provided, That said leases shall in no way prejudice any legal right that any person or persons may have acquired under the act hereby revived and continued, to any improvements on said ground: And provided further, That to prevent monopoly, no bath-house or number of bath- hotel shall be supplied with more than enough water for forty bath-tubs tubs to be sup- of the usual size, unless there shall be more than enough hot-water to plied, &c. supply all other demands for the same, in which case no single establishment shall be allowed more than forty bath-tubs of the usual size: And provided further, That the superintendent shall provide and maintain a sufficient number of free baths for the use of the indigent, and the expense thereof shall be defrayed out of the rentals hereinbefore provided for. Free baths. Fractions of lots. Titles on condition. Springs dedi In cases where fractions of lots are made by straightening, widening or laying out streets, the commissioners shall have power to determine the disposal of the same, giving the preference to the owners of abutting lots: Provided, That all titles given or to be given by the United States shall explicitly exclude the right to the purchaser of the land, his heirs or assigns, from ever boring thereon for hot water; And the Hot Springs, with the reservation and mountain are hereby cated to United dedicated to the United States, and shall remain forever free from sale 1877, March 3, or alienation. [December 16, 1878.] States. ch. 108, § 4. CHAPTER 9. Dec. 21, 1878. 20 Stat. L., 259. AN ACT CHANGING THE TIME OF HOLDING THE TERMS OF THE UNITED STATES CIR- Circuit court to be held at Parkersburg, W. Va., in January and June. Circuit court to Be it enacted, &c., That hereafter the Circuit Court of the United be held at Parkers- States for the district of West Virginia shall be held at Parkersburg on burg, W. Va., in January and June. the tenth days of January and June. R. S., § 658. And when either of said dates shall fall on Sunday the term shall commence on the following Monday. And all pending cases, process, rules, and proceedings shall be conducted in the same manner and with the same effect as to time as if this act had not passed. [December 21, 1878.] Pending cases. CHAPTER 19. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE MILITARY ACADEMY FOR Jan. 20, 1879. 20 Stat. L., 260. Adjutant at Military Academy; pay of. Be it enacted, &c., That For pay of adjutant, in addition to pay as first lieutenant, three hun- ̧ Adjutant at Mildred dollars: itary Academy. Provided, That the sum paid to said officer shall not exceed one thou- —pay of. sand eight hundred dollars per annum. R. S., § 1335. * [January 20, 1879.] CHAPTER 20. AN ACT TO DIVIDE THE WESTERN DISTRICT OF MISSOURI INTO TWO DIVISIONS, AND SECTION 1. Missouri; western judicial district divided into eastern and western divisions. 2. Jurisdiction of offenses; jurors. 3. of civil suits. Be it enacted, &c. SECTION 4. Deputy clerk of circuit and district court; 5. Suits; how transferred. [SECTION 1], The western district of Missouri is hereby divided into two divisions, which shall be known as the eastern and western divisions of the western district of Missouri. Jan. 21, 1879. 20 Stat. L., 263. Missouri: West ern judicial dis trict divided into- 51. The western division shall include the counties of Andrew, Atchison, western divisBarton, Bates, Buchanan, Caldwell, Carroll, Cass, Chariton, Clay, Clin- ion. ton, Daviess, De Kalb, Gentry, Grundy, Harrison, Holt, Jackson, Jasper, La Fayette, Linn, Livingston, Mercer, Nodaway, Platte, Putnam, Kay, Saline, Sullivan, Vernon, and Worth; And a term of the district court and circuit of the United States for said district shall be held therein at the city of Kansas on the third Monday in May and the third Monday in October of each year. courts where to be held. R. S., §§ 572, 658. The remaining counties embraced in said district shall constitute the eastern division, eastern division thereof and the terms of the district and circuit courts and where courts of the United States for said district shall be held therein at the times to be held. and place now prescribed by law. R. S., §§ 572, 658. SEC. 2. All offenses hereafter committed in either of said divisions shall be cognizable and indictable within the division where committed; offenses; jurors. and all grand and petit jurors summoned for service in each division shall be inhabitants thereof. And all offenses heretofore committed within said district shall be prosecuted and tried as if this act had not passed. SEC. 3. All civil suits not of a local character which shall be here--of civil suits. after brought in the district or circuit courts of the United States for the western district of Missouri in either of said divisions, against a single defendant, or where all the defendants reside in the same division of said district, shall be brought in the division in which the de fendant or defendants reside; but if there are two or more defendants residing in different divisions, such suit may be brought in either division, and all mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or both of the divisions. SEC. 4. The clerks of the circuit and district courts for said district Deputy clerk of circuit and district shall each appoint a deputy clerk at the place where their respective court for each dicourts are required to be held in the division of the district in which vision; how apsuch clerk shall not himself reside, each of whom shall, in the absence pointed. of the clerk, exercise all the powers and perform all the duties of clerk within the division for which he shall be appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall be respectively appointed, and may be annulled by such court at its pleasure. And the clerk shall be responsible for the official acts and neglects of all such deputies. R. S., §§ 558, 624. 1878, June 19, ch. 329, § 1, par. 15. Pending suits; SEC. 5. All civil suits and proceedings now pending in the circuit or district court of said western district of Missouri, and which would, if how transferred. instituted after the passage of this act, be required to be brought in the western division of said district, may be transferred, by consent of all the parties, to said western division of said district, and there disposed of in the same manner and with like effect as if the same had been there instituted; And all process, writs, and recognizances relating to such suits and proceedings so transferred shall be considered as belonging to the term of the court in the western division of said district, in the same manner and with like effect as if they had been issued or taken in reference thereto originally. [January 21, 1879.] CHAPTER 21. AN ACT AUTHORIZING THE CHANCELLOR OF THE SMITHSONIAN INSTITUTION TO AP- Acting Secretary of Smithsonian Institution; how appointed. Jan. 24, 1879. 20 Stat. L., 264. Acting Secreta R. S., § 5582. Be it enacted, &c., That in case of the death, resignation, sickness, or absence of the Secretary of the Smithsonian Institution, the Chancellor Institution; how thereof shall be, and he is hereby, authorized to appoint some person appointed. as acting secretary, who for the time being shall be clothed with all the powers and duties which by law are devolved upon the Secretary, and he shall hold said position until an election of Secretary shall be duly made, or until the Secretary shall be restored to his health, or, if absent, shall return and enter upon the duties of his office. [January 24, 1879.] CHAPTER 22. AN ACT FOR THE PROTECTION OF DAIRYMEN, AND TO PREVENT DECEPTION IN SALES Jan. 25, 1879. 20 Stat. L., 264. [SECTION 1], That every person who shall manufacture for sale, or In District of who shall offer or expose for sale, any article or substance in semblance Columbia, butter of butter or cheese, not the legitimate product of the dairy, and not and cheese made made exclusively of milk or cream, but into which the oil or fat of ani- of fat, &c., to have packages stamped mals, not produced from milk, enters as a component part, or into which Öleo-Margarine. melted butter, or any oil thereof, has been introduced to take the place of cream, shall distinctly and durably stamp, brand, or mark upon every tub, firkin, box or package of such article or substance, the word OleoMargarine, in plain Roman letters, not less than half an inch square placed horizontally in proper order thus: OLEO-MARGARINE. And in case of retail sales of such article or substance in parcels the Oleo-Margarine: seller shall in all cases deliver therewith to the purchaser a written or sale of, to be acprinted label bearing the plainly written or printed word Oleo-Margarine, companied with in type or letters as aforesaid; And every sale of such article or substance not so stamped, branded, marked, or labeled shall be void,, and no action shall be maintained for the price thereof. possession contrary to act. SEC. 2. That every person who shall sell, or offer to sell, or have in his Penalty for sellor her possession with intent to sell, contrary to the provisions of this ing or having in act, any of the said article or substance required by the first section of this act to be stamped, marked, or labeled as therein stated, not so stamped, marked, or labeled, or in case of a retail sale without delivery of a label required by section one of this act, shall, for each such offense, forfeit and pay a fine of one hundred dollars, to be recovered by indictment in any court of the District of Columbia of competent jurisdiction for the trial of misdemeanors, and the one-half of such fine when paid to go to the informer, and the residue to be paid into the treasury of the District of Columbia. SEC. 3. That every person who shall sell, or offer or expose for sale, for selling with or who shall cause or procure to be sold, or offered or exposed for sale, out label. any article or substance required by the first section of this act to be marked, branded, stamped, or labeled, not so marked, branded, stamped, or labeled, shall be guilty of a misdemeanor, and, on trial for such misdemeanor, proof of the sale or offer or exposal alleged shall be presumptive evidence of knowledge of the character of the article so sold or offered. [January 25, 1879.] CHAPTER 23. AN ACT TO PROVIDE THAT ALL PENSIONS ON ACCOUNT OF DEATH, OR WOUNDS RE- SECTION 1. Pensions on account of death, wounds, &c., in 2.-rule to be adopted by Commissioner. 3. Requirement that claims shall not be prose cuted after five years from date of filing, except, &c., repealed. Be it enacted, &c. SECTION 4. Agents, &c., not to receive pay for making Jan. 25, 1879. 20 Stat. L., 265. [SECTION 1], That all pensions which have been granted under the Pensions on acgeneral laws regulating pensions, or may hereafter be granted, in conse- count of death, quence of death from a cause which originated in the United States late rebellion; wounds, &c., in service during the continuance of the late war of the rebellion, or in when to comconsequence of wounds, injuries, or disease received or contracted in mence. said service during said war of the rebellion, shall commence from the R. S., § 4692date of the death or discharge from said service of the person on whose account the claim has been or shall hereafter be granted, or from the termination of the right of the party having prior title to such pension: 4791. 1879, March 3, ch. 187. 16 Opin. Att'yGen., 374, 639. |