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CHAPTER 186. June 10, 1880.
AN ACT AUTHORIZING THE SECRETARY OF THE NAVY TO INTRODUCE COTTON CORD
AGE INTO THE NAVAL SERVICE OF THE UNITED STATES. 21 Stat. L., 172.
Cotton cordage may be introduced into naval service to test value, &c. Cotton cordage Be it enacted, &c., That the Secretary of the Navy be authorized and may be introduced directed to introduce into the natal service rope and cordage manufacinto naval service tured of cotton according to the recent methods to such an extent as to test value, &c.
will furnish fair test of the value and efficiency thereof as compared with the kinds now in uso:
Provided however, That no person shall have any claim whatever against the United States or any department thereof or receive any compensation therefor. (June 10, 1880.]
June 10, 1880. 21 Stat. L., 172.
AN ACT ABOLISHING THE MILITARY RESERVATIONS OF FORT ABERCROMBIE, FORT
SEWARD, AND FORT RANSOM, ALL IN THE TERRITORY OF DAKOTA, AND AUTHOR-
Forts Abercrombie, Seward, and Ransom, in Da
kota, abolished, and lands open to homestead
Present occupiers; date of settlement.
Forts Abercrom- Be it enacted, &c., That the military reservations of Fort Abercrombie, Seward, and bie, Fort Seward, and Fort Ransom, all in the Territory of Dakota, be, ta, abolished, and and the same are hereby, abolished, and the Secretary of the Interior lands open to is hereby authorized to have the lands embraced therein surveyed and homestead and made subject to homestead and pre-emption entry and sale, the same pre-emption. as other public lands:
R. S., og 2257– 2317. Present occu
Provided, The rights of all actual settlers, entitled to the benefits of piers; date of set- the homestead and pre-emption laws of the United States, who now Tlement.
occupy in good faith any portion of the land einbraced within any of said reservations, shall date from the day of their actual settlement thereon; and in perfecting their titles thereto under the homestead or pre-emption laws, the time such settlers have occupied and improved
their said lands shall be allowed: - to have lines Provided further, That when the lands embraced in said reservations, conform to sure shall be surveyed, the claims of all such actual settlers shall be made veys.
to conform to the lines of the government survey. [June 10, 1880.]
June 10, 1880.
AN ACT TO REGULATE THE COMPENSATION OF NIGHT INSPECTORS OF CUSTOMS. SECTION
SECTION 21 Stat. L., 173.
1. Compensation of night inspectors of customs 2. Repeal.
may be increased.
Be it enacted, &c. Compensation of
[SECTION 1], That hereafter the compensation to inspectors of cusnight inspectors of toms employed under existing law for service at night may be increased customs.
by the Secretrary of the Treasury at such ports as he may think it adR, S., $$ 2733, visable so to do to a sum not exceeding three dollars for each night's 2737.
1878, June 20, ch. service. 359, N 1, par. 7. Repeal.
SEC. 2. That all acts or part of acts being inconsistent with the above act are hereby repealed. June 10, 1880.
vessel to car, &c.
AN ACT TO AMEND THE STATUTES IN RELATION TO IMMEDIATE TRANSPORTATION OF June 10, 1880. DUTIABLE GOODS, AND FOR OTHER PURPOSES.
21 Stat. L., 173. SECTION
SECTION 1. Ports of arrival at which customs entries may - not to be unladen between ports of arrival
be made for transportation in bond to inland and ports of destination. ports.
6. — to be transferred direct from importing 2. Record of merchandise so entered to be kept by collector.
7. Ports at which merchandise may be so transMerchandise to be examined at port of arrival ported in bond. and appraised at port of destination.
if there be necessary officers there. 3. — to be transported by designated common 8. Repeal. carriers only.
9. Merchandise not to be so transported when it Bond of carriers.
has been landed ten days, &c. 4. Quadruplicate invoices of merchandise in. 10. Lien for freight on imported goods ; how so
tended for transportation in bond inland ; how disposed of.
When goods subject to lien are sold by United - no additional fee.
States, freight to be paid. 5. Merchandise in such case; how and in what 11. Act takes effect after July 1, 1880.
form to be transported. Be it enacted, &c.
[SECTION 1], That when any merchandise, other than explosive arti- Ports of arrival cles, and articles in bulk not provided for in section four(1) of this act, at which customs imported at the ports of New York, Philadelphia, Boston, Baltimore, made for transporPortland and Bath, in Maine, Chicago, Port Huron, Detroit, New Or- tation in bond to leans, Norfolk, Charleston Savannah, Mobile, Galveston, Pensacola, inland ports. Florida, Cleveland, Toledo, and San Francisco, shall appear by the in- 16 Opin. Att'yvoice or bill of lading and manifest of the importing vessel to be con.
1880, June 14, ch. signed to and destined for either of the ports specified in the seventh 214. section of this act, the collector at the port of arrival shall allow the 1881, Feb. 28, ch. said merchandise to be shipped immediately after the entry prescribed 92, in section two of this act has been made.
1881, March 3,
ch. 156. SEC. 2. That the collector at the port of first arrival shall retain in his Record of meroffice a permanent record of such merchandise so to be forwarded to the chandise so on. port of destination, and such record shall consist of a copy of the invoice tered to be kept by
collector. and an entry whereon the duties shall be estimated as closely as possible on the merchandise so shipped, but no oaths shall be required on the said entry.
Such merchandise shall not be subject to appraisement and liquida- Merchandise to tion of duties at the port of first arrival, but shall undergo such exam- be examined at ination as the Secretary of the Treasury shall deem necessary to verify port of arrival, and the invoice; and the same examination and appraisement thereof shail appraised at port
. be required' and had at the port of destination as would have been required at the port of first arrival if such merchandise had been entered for consumption or warehouse at such port.
SEC. 3. That such merchandise shall be delivered to and transported to be transportby common carriers, to be designated for this purpose by the Secretary ed by designated
carriers of the Treasury, and to and by none others; and such carriers shall be
only. responsible to the United States as common carriers for the safe delivery of such merchandise to the collector at the port of its destination;
And before any such carriers shall be permitted to receive and trans- Bond of carriers. port any such merchandise, they shall become bound to the United States in bonds of such form and amount, and with such conditions, not incon. sistent with law, and such security as the Secretary of the Treasury shall require.
SEC. 4. That sections twenty eight hundred and fifty-three and twenty- Quadruplicate ineight hundred and fifty-five of the Revised Statutes of the United States voices of merchanbe, and the same are hereby, so amended as to require that all invoices dise intended for of merchandise imported from any foreign country and intended to be bond inland; how transported without appraisement to any of the ports mentioned in the disposed of. seventh section of this act, shall be made in quadruplicate;
R. S., Ø Ø 2853,
2855. And that the consul, vice-consul, or commercial agent, to whom the same shall be produced, shall certify each of said quadruplicates under his hand and official seal in the manner required by section twenty-eight hundred and fifty-five of the Revised Statutes, and shall then leliver to NOTE.—(1) Four is changed to five by act of June 14, 1880, ch. 214.
the person producing the same two of the quadruplicates, one to be used in making entry at the port of first arrival of the merchandise in the United States, and one to be used in making entry at the port of destination, file another in his office, there to be carefully preserved and as soon as practicable transmit the remaining one to the collector or sur
veyor of the port of final destination of the merchandise: no additional Provided, however, That no additional fee shall be collected on account fee for.
of any service performed under the requirements of this section. Merchandise in SEC. 5. That merchandise transported under the provisions of this act such case; how and shall be conveyed in cars, vessels, or vehicles securely fastened with locks in what form to be or seals, under the exclusive control of the officers of the customs; transported.
And merchandise may also be transported under the provisions of this act by express companies, on passenger trains, in safes and trunks, which shall be of such size, character, and description, and secured in such manner as shall be from time to time prescribed by the Secretary,
And in cases where merchandise shall be imported in boxes or packages too large to be included within the safes or trunks so prescribed, such merchandise may be transported, under the provisions of this act, by such express companies, in a separate compartment of the car, secured in such manner as shall from time to time be prescribed by the Secretary of the Treasury;
And merchandise such as pig-iron, spiegel-iron, scrap.iron, iron ore, railroad-iron, and similar articles commonly transported upon platform or flat cars, may be transported, under the provisions of this act, upon such platform or flat cars, and the weight of such merchandise so transported shall be ascertained in all cases before shipment, and ordinary railroad-scales may be used for such purposes;
And inspectors shall be stationed at proper points along the designated routes, or upon any car, vessel, vehicle, or train at the discretion of the Secretary of the Treasury, and at the expense of the companies,
respectively. - not to be un- Such merchandise shall not be unladen or transshipped between the laden between ports of first arrival and final destination, unless authorized by the reg. ports of arrival ulations of the Secretary of the Treasury in cases which may arise from and ports of destination.
a difference in the gauge of railroads, or from accidents, or from legal intervention, or when by reason of the length of the route the cars, after due inspection by customs officers, shall be considered unsafe or unsuitable to proceed further, or from low water, ice, or other unavoidable obstruction to navigation;
And in no case shall there be permitted any breaking of the original
packages of such merchandise. - to be transferred SEC. 6. That merchandise so destined for immediate transportation directly from im- shall be transferred, under proper supervision, directly from the importporting vessel to
ing vessel to the car, vessel, or vehicle in which the same is to be trans
ported to its final destination. Ports at which SEC. 7. That the privilege of immediate transportation shall extend merchandise may to the ports of New York and Buffalo, in New York; Burlington, in be so transported Vermont; Boston, in Massachusetts; Providence and Newport in Rhode in bond.
Island; New Haven, Middletown, and Hartford in Connecticut; Philadelphia and Pittsburgh, in Pennsylvania; Baltimore, Crisfield and An. napolis in Maryland ; Wilmington, and Seaford, in Delaware; Salem, Massachusetts; Georgetown in the District of Columbia ; Norfolk, Richmond and Petersburgh, in Virginia; Wilmington and Newberne, in North Carolina; Charleston and Port Royal, in South Carolina; Savannah and Brunswick, in Georgia; New Orleans, in Louisiana; Portland and Bath, in Maine; Portsmouth, in New Hampshire; Chicago, Cairo, Alton, and Quincy, in Illinois; Detroit, Port Huron, and Grand Haven in Michigan; Saint Louis, Kansas City, and Saint Joseph in Missouri; Saint Paul, in Minnesota; Cincinnati, Cleveland, and Toledo, in Ohio; Milwaukee, and La Crosse, in Wisconsin; Louisville, in Kentucky; San Francisco, San Diego and Wilmington in California; Portland, in Oregon; Memphis, Nashville and Knoxville, in Tennessee; Mobile, in
Alabama; and Evansville, in Indiana; and Galveston, Houston, Browns-
Provided, That the privilege of transportation herein conferred shall - if there be the not extend to any place at which there are not the necessary officers for necessary officers
there, the appraisement of merchandise and the collection of duties.
SEC. 8. That sections twenty-nine hundred and ninety, twenty-nine Repeal of hundred and ninety-one, twenty-nine hundred and ninety-two, twenty-R, S., DO 2990–
2997. nine hundred and ninety-three, twenty-nine hundred and ninety-four,
See 1876, March twenty-nine hundred and ninety-five, twenty-nine hundred and ninety- 14, ch. 23. six, and twenty-nine hundred and ninety-seven of the Revised Statutes 1878, May 25, ch. be, and the same are hereby, repealed.
109. SEC. 9. That no merchandise shall be shipped under the provisions of Merchandise not this act after such merchandise shall have been landed ten days from to be so transportthe importing vessel, and merchandise not entered within such time been landed ten shall be sent to a bonded warehouse by the collector as unclaimed, and days, &c. held until regularly entered and appraised.
SEC. 10. That section twenty-nine hundred and eighty-one of the Revised Statutes be amended so as to read as follows:
That whenever the proper officer of the customs shall be duly notified Lien for freight in writing of the existence of a lien for freight upon imported goods, on imported goods; wares or merchandise in his custody, he shall, before delivering such how secured, goods, wares, or merchandise to the importer, owner, or consignee R. S., 5 2981. thereof, give seasonable notice to the party or parties claiming the lien; 16 Opin. Att'y
And the possession by the officers of customs shall not affect the dis- Gen., 74. charge of such lien, under such regulations as the Secretary of the Treasury may prescribe; and such officer may refuse the delivery of such merchandise from any public or bonded warehouse or other place in which the same shall be deposited, until proof to his satisfaction shall be produced that the freight thereon has been paid or secured;
But the rights of the United States shall not be prejudiced thereby, nor shall the United States or its officers be in any manner liabie for losses consequent upon such refusal to deliver.
If merchandise so subject to a lien regarding which notice has been When goods subfiled, shall be forfeited to the United States and sold, the freight due ject to lien are sold
by United States, thereon shall be paid from the proceeds of such sale in the same man
freight to be paid. ner as other charges and expenses authorized by law to be paid therefrom are paid.
SEC. 11. That this act shall take effect and be in force from and after Act to take effect the first day of July, anno Domini eighteen hundred and eighty. [June after 1st July,
1880. 10, 1880.]
AN ACT TO ESTABLISH A DISTRICT AND CIRCUIT COURT AT CHATTANOOGA TENNES
SEE, AND TO ADD THE COUNTY OF GRUNDY TO THE EASTERN DISTRICT OF TEN-
June 11, 1880. 21 Stat. L., 751.
southern divisions. 4. Clerks, marshal, and attorney for eastern dis.
trict; duties. - shall each appoint deputy at Chattanooga. 6. Saits to be brought in division of district
where one of defendants resides.
- issues of fact; where to be tried.
Service of process in either division.
Be it enacted, &c. Grundy County, [SECTION 1], That the county of Grundy heretofore composing a part Tenn., transferred of the middle district of Tennessee be transfer red to, and henceforth to eastern judicial district.
form a part of, the eastern district of Tennessee. R.S., 0547.
Courts to be held SEC. 2. A term of the circuit court and of the district court for the at Chattanooga. eastern district of Tennessee shall be held at Chattanooga in said state R. S., 09 572, 658.
in each year on the first Mondays of April and October, after the pas
sage of this act. Eastern district ŠEC. 3. Said eastern district shall be and hereby is divided into two divided into morth divisions, to be known as the Northern and Southern divisions of the divisions.
eastern district of Tennessee,
The southern division shall consist of the following counties, to wit, Hamilton, James, Polk, McMinn, Bradley, Meigs, Rhea, Marion, Sequatchie, Bledsoe, Grundy, and Cumberland,
And the northern division shall consist of the remaining counties in said district.
But no additional clerk or marshal shall be appointed in said district. Clerks, marshal, SEC. 4. That the clerks of the district and circuit courts for the eastand attorney for ern district of Tennessee, and the marshal and district attorney for said eastern district; district, shall perform the duties appertaining to their offices respectively duties.
for said courts. - shall each ap- And the said clerks and marshals shall each appoint a deputy to repoint deputy at side and keep their offices in the city of Chattanooga, and who shall, in Chattanooga.
the absence of their principals, do and perform all the duties appertain
ing to their offices respectively. Suits to be SEC. 5. All suits not of a local nature in the circuit and district courts brought in divis- against a single defendant, inhabitant of said state, must be brought ion of district in the division of the district where he resides; but if there are two or where one of defendants reside.
more defendants residing in different divisions of the district, such suits R. S., 0 740. may be brought in either division. -- issues of fact; All issues of fact in said suits shall be tried at a term of the court where to be tried. held in the division where the suit is so brought.
Prosecution for SEC. 6. All prosecutions for crimes or offences hereafter committed in crimes; where cog- either of the sub-divisions shall be cognizable within such division; and nizable.
all prosecutions for crimes, or offences heretofore committed within said county taken as aforesaid from the middle district or committed in the eastern district as hitherto constituted, shall be commenced and pro
ceeded with as if this act had not been passed. Residence of ju- SEC. 7. All grand and petit jurors summoned for service in each divis.
ion shall be residents of such division. Service of proc- All mesne and final process subject to the provisions herein before ess in either divis- contained, issued in either of said divisions may be served and executed .
in either or both of the divisions. Removal of suits SEC. 8. In all cases of removal of suits from the courts of the State of from State courts; Tennessee to the courts of the United States in the eastern district of to which division. Tennessee such removal shall be to the United States courts in the
division in which the county is situated from which the removal is made; and the time within which the removal shall be perfected in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts
in such division. Building for SEC. 9. That each of said courts shall be held in a building to be procourts.
vided for that purpose by the State or municipal authorities and without
expense to the United States. When act takes SEC. 10. This act shall be in force from and after the first day of July effect.
anno Domini eighteen hundred and eighty; and all acts and parts of Repeal.
acts inconsistent herewith are hereby repealed. (June 11, 1880).