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Provided, That the total net compensation of collectors as fixed by
this title shall not be thereby increased. Collectors; how All stamps relating to distilled spirits, other than the tax-paid stamps, charged with other shall be charged to collectors; and the books containing such stamps stamps. Reports and books.
may be intrusted by any collector to the gauger of the district, who sball make a daily report to the collector of all such stamps used by him and for whom used; and when all the stamps contained in any such book have been issued, the gauger of the district shall return the
book to the collector, with all the marginal stubs therein": Export stamps;
Provided, That all export stamps issued to collectors shall be charged how charged and to them as representing the value of ten cents for each stamp, and they amount due col- shall collect the amount due for such stamps at the rate of ten cents lected. R. S., \ 3330.
for each stamp issued in such manner and at such time as the Com1874, 'June 9, ch. missioner of Internal Revenue may prescribe, and the Commissioner 259, 2.
may, in his discretion, make assessment therefor. Spirits with SEC. 17. Whenever the owner of any distilled spirits shall desire to drawn from dis- withdraw the same from the distillery warehouse, or from a special tillery or bonded bonded warehouse, he may file with the collector a notice giving a dewarehouse may be regauged.
scription of the packages to be withdrawn, and request that the distilled spirits be regauged; and thereupon the collector shall direct the gauger to regauge the same, and mark upon each package so regauged the number of gauge or wine gallons and proof-gallons therein contained.
If upon such regauging it shall appear that there has been a loss of disAllowance for tilled spirits from any cask or package, without the fault or negligence leakage.
of the distiller or owner thereof, taxes shall be collected only on the quantity of distilled spirits contained in such cask or package at the time of the withdrawal thereof from the distillery warehouse, or special bonded warehouse:
Provided, however, That the allowance which shall be made for such — to what extent loss of spirits as aforesaid shall not exceed one proof.gallon for two made.
months, or part thereof, one and one-half gallons for three and four months, two gallons for five and six months, two and one-half gallons for seven and eight months, three gallons for nine and ten months, three and one-half gallons for eleven and twelve months, four gallons for thirteen, fourteen, and fifteen months, four and one-half gallons for sixteen, seventeen, and eighteen months, five gallons for nineteen, twenty, and twenty-one months, five and one-half gallons for twenty-two, twentythree, and twenty-four months, six gallons for twenty-five, twenty-six, and twenty-seven months, six and one balf gallops for twenty-eight, twenty-nine, and thirty months, seven gallons for thirty-one, thirty-two, and thirty-three months, and seven and one-half gallons for thirty-four, thirty-five, and thirty-six months:
Provided, also, That the foregoing allowance of loss shall apply only to casks or packages of a capacity of forty or more wine-gallops, and that the allowance for loss on casks or packages of less capacity than forty gallons shall not exceed one-half the amount allowed on said fortygallon cask or package;
But no allowance shall be made on casks or packages of less capacity than twenty gallons:
And provided further, That the proof of such distilled spirits shall Computation of not in any case be computed at the time of withdrawal at less than one proof of spirits. hundred per cent.
SEC. 18. That subsection second of section thirty-two hundred and Manufacture of forty-four shall not apply to distillers in registered distilleries who wooden stills by manufacture for their own use wooden stills, but each of said distillregistered distill
ers shall give notice to the collector of the district in which his disers for their own use not subject to tillery is located of each still manufactured before the same is used. special tax. R. S., Ø 3244, par..
SEC. 19. That all acts and parts of acts inconsistent herewith are 2. Repeal.
hereby repealed. [May 28, 1880.]
AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE MILITARY ACADEMY FOR
THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND EIGHTY-
June 1, 1880, 21 Stat. L.;
Secretary of War may assign any Army officer as professor of law at the Military Academy.
Secretary of War in his discretion, assign any officer of the Army as professor of law. Army officer a s
professor of law at [June 1, 1880.]
the Military Acad
R. S., (Ø 1309–
1313. CHAPTER 119.
AN ACT PROVIDING FOR THE REAPPORTIONMENT OF THE MEMBERS OF THE LEGISLA- June 3, 1880. TURES IN THE TERRITORIES OF MONTANA, IDAHO, AND WYOMING.
21 Stat. L., 154. SECTION
SECTION 1. Reapportionment of members of legislatures 3. The next legislative assembly.
of Montana, Idaho, and Wyoming on basis 4. Assembling and pay of boards of apportion. of census of 1880.
ment. 2. Election after reapportionment.
5. When act takes effect. Be it enacted, &c.
[SECTION 1], That the governor, and the speaker of the house of rep- Reapportionresentatives and the president of the council during the last session of ment of members the legislatures, in the Territories of Montana, Idaho, and Wyoming, be, of legislatures of and they are hereby, authorized and empowered to act as a board of ap. and Wyoming on portionment in their respective Territories;
basis of census of And when assembled at the capitals of their respective Territories, 1880. they, or a majority of them, shall reapportion the members of the coun
R. S., og 1849,
1922. cil and house of representatives in their respective Territories upon the basis of the population as shown by the returns of the census for the year eighteen hundred and eighty, excluding Indians, and shall make such apportionment strictly in accordance with said census returns, allotting members of each house of the legislative assembly to the different sections of their respective Territories, pro rata, as nearly as practicable, according to the population, and to that end may apportion, when necessary, in joint council districts.
SEC. 2. That the reapportionment so made by said boards shall be Election after reforthwith certified to by the members, or a majority thereof, making the apportionment. same, and filed in the office of the Secretary of the Territory; and within ten days thereafter the governor shall issue his proclamation for an election of such members of the legislature so apportioned as aforesaid, specifying in such proclamation the apportionment so made to the different sections, and which election shall be held at the time and places as provided by law, and the returns to be canvassed as provided by the laws of said Territories respectively.
SEC. 3. That the persons elected under such apportionment shall, The next legiswhen assembled at their respective capitals, at the time provided by law, lative assembly. and when duly qualified and organized, constitute the next legislative assembly in each of said Territories, and shall be empowered to alter or amend the reapportionment for members of the legislature so made, and at any time thereafter reapportion their respective Territories in accordance with the population as the same may vary and change.
SEC. 4. That the members constituting such boards of apportionment Assembling, and shall assemble at the capitals of their respective Territories and com- ray of boards of plete their work on or before the first Monday in September, eighteen apportionment. hundred and eighty, and they shall be allowed the same compensation per diem and mileage as are allowed to the presiding officers of the leg. islatures in such Territories;
Which allowance shall be certified by the Secretary of the Territory to the proper officers of the United States Treasury Department, and
the same shall be paid out of any monėys in the Treasury not otherwise
appropriated. When act takes SEO. 5. That this act shall take effect and be ip force from and after effect.
its passage. (June 3, 1880.]
June 4, 1880. 21 Stat. L., 155.
AN ACT PROVIDING THE TIMES AND PLACES OF HOLDING THE CIRCUIT COURT OF THE
UNITED STATES IN THE DISTRICT OF IOWA, AND FOR OTHER PURPOSES.
to be brought in division where one of de
and central divisions.
Be it enacted, &c. Circuit court for SECTION 1], That the circuit court of the United States in and for Iowa; when and the district of Iowa sball hereafter be held at the times and places prowhere to be held. R.S., 09 572, 658.
vided by law for holding the United States district court in and for said 1874, Feb. 9, ch. district.(1) 24.
Causes removed from any court of the State of Iowa into said circuit court within said district shall be removed to the circuit court in the division in which such State court is held, unless the parties thereto
shall otherwise agree, or the court, for good cause, shall otherwise order. Civil suits in cir- SEC. 2. That all civil suits not of a local nature which shall be here. cuit or district after brought in the circuit or district court of the United States in said court of lowa to district must be brought in the division of the district where the defendvision where one ant or defendants reside; but if there are two or more defendants residof defendants re- jpg in different divisions the plaintiff may sue in either one of the divissides.
jons in which a defendant resides. R. S., 0740. Issues of fact; All issues of fact triable in either of said courts shall be tried in the where tried.
division where the defendant or one of the defendants resides, unless by
consent of both parties the case shall be removed to some other division. Non-resident de- Where the defendant is a non-resident of the district suit may be fendants.
brought in any division where property or the defendant is found. Northern divis- SEC. 3. That the northern division of said district shall contain the ion; boundaries of. following counties: Alamakee, Winneshiek, Howard, Mitchell, Floyd, R. S., $ 537.
Chickasaw, Fayette, Clayton, Butler, Bremer, Grundy, Blackhawk,
Clinton. Southern divis- The southern division shall contain the counties of Cedar, Scott, Mus. ion.
catine, Louisa, Washington, Keokuk, Mahaska, Monroe, Wapello, JefR. S., 537. ferson, Henry, Des Moines, Lee, Van Buren, Davis, and Appanoose.
Western divis- The western division shall contain the counties of Monona, Crawford, ion.
Carroll, Guthrie, Audubon, Shelby, Harrison, Pottawattamie, Cass, R. S., 537.
Adair, Union, Adams, Montgomery, Mills, Fremont, Page, Taylor, and
Ringgold. Central division. The central division shall contain the remaining counties of the State. R.S., $ 537. Clerk.
SEC. 4. That the clerk of the district court shall be the clerk of the R. S., 560.
circuit court at all the places where the same is held in said district ex
cept at Des Moines. Repeal.
SEC. 5. That all acts and parts of acts inconsistent with this act are hereby repealed. (June 4, 1880.]
NOTE.-(1) The times and places for holding the conrts are: At DUBUQUE on the third Tuesday in April and November; at KEOKUK on tho third Tuesday in Jannary and Juno; at DES MOINES on the second Tuesday in May and the third Tuesday in October; at Council Bluffs on the fourth Mondays of March and September.—Revised Statutcs, $ 572, and act of 1874, February 9, ch. 24.
AN ACT MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE GOVERN
MENT OF THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR ENDING JUNE
June 4, 1880. 21 Stat. L., 155.
Columbia to be trustee of Reform
Asylum of District of Columbia.
United States Treasury, except, &c.; how drawn.
Be it enacted, dc.
[Par. 1.] That one of the Commissioners of the District of Columbia, One of Commisto be selected by the Board of Commissioners, shall be a trustee, with sioners of District all the powers, privileges, and duties of other trustees of said Reform Reform School. School.
1876, May 3, ch.
90, $ 1. [Par. 2.) That one of the commissioners of the District of Columbia, of Columbia to be selected by the Board of Commissioners, shall be a trustee of said Hospital and Ly
ing-in Asylum. Hospital and Lying-in Asylum, with all the powers, privileges, and
1872, June 10, ch. duties of other trustees of the same.
415 (17 Stat. L.,
360). SEC. 2. That all moneys appropriated by this act, together with all All revenues of revenues of the District of Columbia from taxes or otherwise, shall be District to be dedeposited in the Treasury of the United States as required by the pro- States Treasury, visions of section four of an act approved June eleventh, eighteen hun. except, &c.; how dred and seventy-eight, and shall be drawn therefrom only on requisi- drawn. tion of the Commissioners of the District of Columbia (except that the 1878, June 11, ch. moneys appropriated for interest and the sinking fund shall be drawn 180, 9.4.
1879, March 3, therefrom only on the requisition of the Treasurer of the United States), ch. 182, Ø 3, par. 3. such requisition specifying the appropriation upon which the same is drawn;
And'in no case shall such appropriation be exceeded either in requisi- - appropriation tion or expenditure, and the accounts for all disbursements of the Com. not to be exceeded missioners of said District shall be made monthly to the accounting
in expenditures. officers of the Treasury by the auditor of the District of Columbia, on vouchers certified by the Commissioners as now required by law:
Provided, That said Commissioners shall not make requisitions upon Commissioners the appropriations from the Treasury of the United States for a larger limited in making amount during said fiscal year than they make on the appropriations
requisitions. arising from the revenues of said District:
And provided further, That they shall submit their annual estimates -. to submit annuto the Secretary of the Treasury by the first day of October of each al estimates to See
retary of Treasury. year. (June 4, 1880.]
1878, June 11, ch. 180, 03,
1881, March 3, ch.
134, Ø 1, par. 5. CHAPTER 129.
June 8, 1880.
AN ACT TO AUTHORIZE THE PRESIDENT TO APPOINT AN OFFICER OF THE NAVY OR
THE MARINE CORPS TO PERFORM THE DUTIES OF SOLICITOR AND JUDGE-ADVO-
21 Stat. L., 164.
Judge-Advocate-General of Navy to be appointed. | Office of, to be in Department; his duties.
Be it enacted, &c., That the President of the United States be, and he Judge-Advocateis hereby, authorized to appoint, for the term of four years, by and with General of Navy to the advice and consent of the Senate, from the officers of the Navy or
R. S., $ 416.
the Marine Corps, a judge-advocate-general of the Navy, with the rank, pay, and allowances of a captain in the Navy or a colonel in the Marine
Corps, as the case may be. Office of, to be in And the office of the said judge-advocate general shall be in the Navy Department; his Department, where he shall, under the direction of the Secretary of the duties, &c.
Navy, receive, revise, and have recorded the proceedings of all courtsmartial, courts of inquiry, and boards for the examination of officers for retirement and promotion in the naval service, and perform such other duties as have heretofore been performed by the solicitor and naval judge-advocate.general. [June 8, 1880.]
June 8, 1880. 21 Stat. L., 166.
AN ACT TO PROVIDE FOR ISSUING PATENTS FOR PUBLIC LANDS CLAIMED UNDER THE
PRE-EMPTION AND FOMESTEAD LAWS IN CASES WHERE THE CLAIMANTS HAVE
Homestead and pre-emption settlers becoming insane; how claims perfected. Homestead and Be it enacted, &c., That in all cases in which parties who regularly pre-emption set initiated claims to public lands as settlers thereon according to the protlers becoming in- visions of the pre-emption or homestead laws, have become insane or sane; how claims shall hereafter become insane before the expiration of the time during
R. S., 5) 2257- which their residence, cultivation, or improvement of the land claimed 2288.
by them is required by law to be continued in order to entitle them to R S., $$_2289- make the proper proof and perfect their claims, it shall be lawful for the 2317.
required proof and payment to be made for their benefit by any person who may be legally authorized to act for them during their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the General Land Office that the parties complied in good faith with the legal requirements up to the time of their becoming insane, and the requirement in homestead entries of an affidavit of allegiance by the applicant in certain cases as a prerequisite to the issuing of the patents shall be dispensed with so far as regards such insane parties. (June 8, 1880.]
June 8, 1880. 21 Stat. L., 166.
AN ACT TO FURTHER AMEND THE ACT ENTITLED “AN ACT TO REORGANIZE THE
COURTS OF THE DISTRICT OF COLUMBIA, AND FOR OTHER PURPOSES", APPROVED
cuit conrt may bold sittings for trial of
within a year.
- when persons drawn as jurors do not serve,
their names to be returned to box. 3. Repeal.
Be it enacted, &c. In District of Co- (SECTION 1], That any justice of the supreme court of the District of lumbia, a judge Columbia holding a term of the circuit court for said District (whenever holding circuit the condition of the business in such circuit court and in the criminal tings for trial of court, in the opinion of the general term of said supreme court, may criminal cases.
render it proper and expedient so to do), may hold sittings for the trial R. S. of Dist. of such criminal cases depending in the criminal court as the justice preCol., j$ 753–759.
siding therein may assign for that purpose, and may employ the petit juries drawn for such circuit court for such trials; and such sittings may be held during the regular sessions of the criminal court, or, in the recess thereof, during the term of such circuit court; and the business