« AnteriorContinuar »
by any person or corporation, be, and the same is hereby, repealed; and the Secretary of the Treasury is hereby directed to revoke and annul all contracts for the collection of such taxes made under and by authority
of said act. Claims under ex- SEC. 2. That the Court of Claims shall have no authority to consider isting contracts or decide upon any claims for damages by reason of the discontinuance not to be enforced. of the contracts aforesaid, or for any profits or per-centages under them.
(June 22, 1874.]
June 22, 1874. AN ACT TO LEGALIZE ENTRIES OF PUBLIC LANDS UNDER THE HOMESTEAD LAWS IN
CERTAIN CASES. 18 Stat. L., 192.
Certain entries of public lands not made in strict 1 Adverse right not impaired, &c.
conformity to homestead laws, legalized. Certain entries Be it enacted, &c., That in all cases of entries of public lands heretoof public lands not fore made under the act entitled (1) “An act to secure homesteads to made in strict con- actual settlers on the public domain," approved May twentieth, eighteen stead Yaws, legal hundred and sixty-two, where the affidavit required by section two of ized.
said act was made before the clerk of the county of the residence of the R. S., Ø 2290- person making the entry, without having first made the settlement and 2294.
improvement required by the provisions of section three of the act entitled (1) “An act amendatory of the homestead law, and for other purposes, approved March twenty first, eighteen hundred and sixty-four, said affidavits be, and the same are hereby, legalized and confirmed, so as to have the same force and validity as if the provisions of said last
named act had been strictly complied with: Adverse right
Provided, That nothing in this act shall have the effect or be connot impaired, &c. strued to impair the valid and paramount adverse rights of any person
or corporation to any of such lands, except in so far as the right of
NOTE.-(1) The provisions of the act of 1862, ch. 75 (12 Stat. L., 392), and of the act of 1804, ch. 38 (13
June 22, 1874. 18 Stat. L., 193.
AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE PAYMENT OF
HORSES AND OTHER PROPERTY LOST OR DESTROYED IN THE MILITARY SERVICE
service not to bo denied because horses
Be it enacted, &c. Claims for horses [SECTION 1], That the first section of the act of March third, eightlost by officers in een hundred and forty-nine, (1) providing for the payment for horses military
and equipments lost by officers or enlisted men in the military service, not to be denied brcanso horses shall not be construed to deny payment to such officers or enlisted men, were purchased in for horses which may have been purchased by them in States in insurStates in insurrec- rection; and payment in any case shall not be refused where the loss R. S., $ 3482.
resulted from any exigency or necessity of the military service, unless See Thomas's case,
it was caused by the fault or negligence of such officers or enlisted men. 16 Ct. Cls.,
NOTE.—(1) The section of the act of 1849, ch. 129 (9 Stat. L., 414), here referred to, is incorporated into Revised Statutes, 9 3482, noted in the margin.
SEC. 2. That no claims under said section or this amendment thereto - not to be alshall be considered unless presented prior to the first day of January, sented before Janeighteen hundred and seventy-six. (June 22, 1874.)
R. S., 0 3482
AN ACT CONFERRING JURISDICTION UPON THE CRIMINAL COURT OF THE DISTRICT OF
COLUMBIA, AND FOR OTHER PURPOSES.
June 22, 1874. 18 Stat. L., 193.
take bail, &c.
Be it enacted, &c.
(SECTION 1], That the criminal court of the District of Columbia District of Coshall have jurisdiction of all crimes and misdemeanors committed in lumbia; criminalsaid District, not lawfully triable in any other court, and which are
R. S., vol. 2 Dist. required by law to be prosecuted by indictment or information. Col., Ø 760-771,
1049. SEC. 2. That (1) the provisions of the thirty-third section of the - courtsin, to have judiciary act of seventeen hundred and eighty-nine shall apply to power to cause arcourts created by act of Congress in the District of Columbia. (Juner.'s., vol. 2 Vist: 22, 1874.)
Col., 03 760-771, NOTE.-(1) The provisions here referred to, of the judiciary act of 1789, ch. 20, S33 (1 Stat. L., 91), are
1049, 1050. incorporated into Revised Statutos, $$ 727, 879, 1014, 2015, 1016.
AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO ESTABLISH A WESTERN JUDI
CIAL DISTRICT OF NORTH CAROLINA."
June 22, 1874. 18 Stat. L., 193.
Marshal for western district of North Carolina.
Be it enacted, &c., That (1) section eight of the act of June fourth, Marshal for eighteen hundred and seventy-two entitled "An act to establish
western district of
North Carolina. western judicial district of North Carolina,” be amended by adding R. S., 776. thereto the following: “There shall also be appointed a marshal of the United States for said western district of North Carolina, who shall be entitled to a salary of two hundred dollars per annum; payment to be made quarterly out of the Treasury of the United States, and in addition thereto the fees of office affixed by law. (June 22, 1874.)
NOTE.-(1) Section 8 of act of 1872, ch. 282 (17 Stat. L., 217), provided only for the appointment of a judge and district attorney.
AN ACT TO ADMIT FREE OF DUTY MERCHANDISE SUNK FOR TWO YEARS AND AFTER- June 22, 1874. WARD RECOVERED.
18 Stat. L., 194. Merchandise in vessels sunken two years and abandoned, when raised may be admitted duty free.
Be it enacted, &c., That whenever any ship or vessel, laden with mer. Merchandise in chandise in whole or in part subject to duty, shall have been sunk in vessels sunken two any river, harbor, bay, or waters subject to the jurisdiction of the United years and aban, States and within its limits, and shall have remained so sunk for the may be admitted period of not less than two years, and shall be abandoned by the owners duty free. thereof, any person or persons, who may raise any portion of the cargo
R. S., Ø 2507. of such ship or vessel, shall be permitted to bring the merchandise so
recovered into the port nearest to the place where such ship or vessel was
June 22, 1874. AN ACT FOR THE RELIEF OF SAVINGS INSTITUTIONS HAVING NO CAPITAL STOCK, AND
DOING BUSINESS SOLELY FOR THE BENEFIT OF DEPOSITORS. 18 Stat. L., 194.
Savings banks having no capital stock, &c., exempt from internal revenue tax. Savings banks Be it enacted, &c., That no farther collection of internal revenue taxes having no capital shall be made on the earnings of savings banks or institutions for sav. from internal-revings, having no capital stock and doing no other business than receiving
deposits to be loaned or invested for the sole benefit of the parties R. S., \ 3408. making such deposits, without profit or compensation to the association 1874, June 18, or company, whether the earnings of the same have been or may here'1819, March 1, after be divided annually, semi-annually or at other periods. (June 22, ch. 125, $ 22.
Be it enacted, &c., That in the adjustment of all railroad land grants, nies relinquishing whether made directly to any railroad company or to any State for railgrants entered for road purposes, if any of the lands granted be found in the possession pre-emption of an actual settler whose entry or filing has been allowed under the homestead may se- pre-emption or homestead laws of the United States subsequent to the lect oth r lands in time at which, by the decision of the land office, the right of said road
R. S., No 2259, was declared to have attached to such lands, the grantees, upon a proper
relinquishment of the lands so entered or filed for, shall be entitled to
title the same as though originally granted.
Grant to com- Provided, That nothing herein contained shall in any manner be so panies
en- construed as to enlarge or extend any grant to any such railroad or to larged.
extend to lands reserved in any land grant made for railroad purposes: Act not to be
And provided further, That this act shall not be construed so as in any construed as confirming certain
de manner to confirm or legalize any decision or ruliug of the Iuterior De. cisions of Interior partment under which lands have been certified to any railroad comDepartment. pany when such lands have been entered by a pre-emption or homestead
settler after the location of the line of the road and prior to the notice
AN ACT RELATING TO CIRCUIT COURTS OF THE UNITED STATES FOR THE DISTRICTS
6. Terms of circuit and district courts in Ala
June 22, 1874.
18 Stat. L., 195. SECTION 1. Circuit court in Alabama ; northern and mid- Appellate and revisory powers of circuit dle districts established.
court, under bankrupt law restricted. 2. Powers and jurisdiction of.
Certain provisions as to appellate jurisdiction - under bankrupt law.'
in Alabama repealed. 3. Clerks of, their oaths, bonds, duties, and fees. Marshals and district attorneys to act for cir. cuit courts.
7. Certain laws respecting appeals, &c., ro4. Transfer of original dockets, records, and
8. Repeal. 5. Circuit court for southern district of Ala
bama. Be it enacted, &c.
(SECTION 1], That there shall be, and is hereby, established a circuit Circuit court in court of the United States for the middle district of Alabama, as said Alabama; northdistrict is now constituted by law, to be held in the city of Montgomery, er and middle dis
tricts established. and a like court for the northern district of Alabaina, as said district is
R. S., Ø 608. now constituted by law, to be held in the city of Huntsville.
SEC. 2. That said circuit courts shall have and exercise, within their - powers and jurespective districts, the same original powers and jurisdiction as are or risdiction of. may be conferred by law upon the circuit court of the United States for
R. S., ☺ ☺ 634,
4979, 4986. the southern district of Alabama at Mobile, and shall have and exercise appellate and revisory jurisdiction over the decrees and judgments of the district courts of the United States for the said middle and northern districts, respectively, under the laws of the United States regulating the jurisdiction, powers, and practice of the circuit courts, and the judges thereof, in cases removed into said courts by appeal or writ of error;
And said courts, and the judges thereof, shall have the general super. - under bankrupt intendence and jurisdiction over all cases and questions arising in said law. district courts, respectively, under the act approved March second
R. S., 4972
5132. eighteen hundred and sixty-seven entitled (1) "An act to establish a
74, ch. 390. uniform system of bankruptcy throughout the United States” as is pro- 1078, ch. 160. vided for in the second sectiop of said act.
SEC. 3. That there shall be appointed for each of said circuit courts Clerks of; their for said middle and northern districts, by the circuit judge of the circuit, oaths, bonds, dua clerk who shall take the oath and give the bond required by law of ties, and fees.
R. S., Ø 619. clerks of circuit courts, and who shall discharge all the duties and be
1878, June 20, entitled to all the fees and emoluments prescribed by law for clerks of ch. 320, par. 15. circuit courts;
And the United States marshals for said middle and northern dis- Marshals and tricts shall, respectively, act as marshals for said circuit courts, and the district attorneys United States district attorney for said districts shall discharge the to act for circuit
courts. duties of district attorney in said circuit courts for said middle and
R. S., 767, 776. northern districts.
SEC. 4. That the clerks of said district courts for said middle and Transfer of orignorthern districts shall transfer to the clerks of the said circuit courts inal dockets, recrespectively all the original dockets, records and files of papers in all ords, and files. common-law and equity causes which might have been brought and would have been originally cognizable in a circuit court, and which were either disposed of or pending in said district courts while the same were vested with circuit-court powers.
SEC. 5. That the circuit court of the United States held at Mobile, Circuit court for Alabama, shall be designated and known as the circuit court of the southern district. United States for the southern district of Alabama;
R. S., ♡ 608. And its appellate and revisory power, upon appeal or writ of error, – appellate and or by bill or petition, or otherwise, under the second section of said act, revisory powers of, entitled (1) “An act to establish a uniform system of bankruptcy through under bankrupt out the United States” is hereby restricted to judgments and decrees ren
R. S., Ø 4986. dred (rendered] or causes and questions arising in the district court of R. S., O O 4972the United States for said southern district;
5132. NOTk.-(1) The bankrupt act, 1867. ch. 176 (14 Stat. L., 517) is incorporated in Revised Statutes in the sections noted in the margin, but the whole law is repealed by act of 1878, June 7, ch. 160.
Certain provis- And that the (2) fourth section of the act approved March third, ions as to appellate eighteen hundred and seventy-three, entitled, “An act relating to the jurisdiction in Al- circuit and district courts of the United States for the middle and northabana repealed. R. S., Ø 634.
ern districts of Alabama" be, and the same is hereby repealed. Terms of circuit SEC. 6. That terms of the circuit and district courts for the several and district courts districts of Alabama shall be held as follows: in Alabama. R. S., 09 572, 658. For the southern district, the terms of the circuit and district courts
shall commence on the fourth Monday of December and the first Monday of June in each year;
For the middle district, on the first Monday of May and the first Monday of November in each year;
For the northern district, on the first Monday of April and the second
Monday of October in each year. Certain laws re- SEC. 7. That (3) the fifth section of the act approved February twentyspecting appeals, second, eighteen hundred and thirty-eight entitled, “An act to abolish &c., repealed.
the circuit wourt at Huntsville in the State of Alabama and for other R.S., 0 608, 634.
purposes” and the act approved August fourth, eighteen hundred and forty-two, entitled (3) “An act to regulate appeals and writs of error from the district court of the United States for the northern district of
Alabama" be and the same are hereby, repealed. Repeal.
SEC. 8. That all laws and parts of laws, inconsistent with the provisions of this act, be and the same are hereby repealed. (June 22, 1874.]
NOTES.—(2) Section 4 of act of 1873, ch. 223 (17 Stat. L., 484), here referred to, is the same as R. S., $ 634 noted in the margin.
(3) The provisions here referred to, of 1838, ch. 12, § 5, and 1842, ch. 123 (5 Stat. L., 210, 504), are not incorporated into the Rovised Statutes, and seem to have been superseded by the act of 1873, ch. 223 (17 Stat. L., 485), as incorporated into the Revised Statutes, 59 608, 634.
AN ACT TO CONSTITUTE MONTGOMERY, IN THE STATE OF ALABAMA, A PORT OF DEJune 22, 1874. 18 Stat. L., 196.
Montgomery, Ala., to be port of delivery, and have deputy collector.
Be it enacted, &c., That Montgomery, in the State of Alabama, shall Montgomery, be, and is hereby, constituted a port of delivery, within the collectionAla., to be port of district of Mobile; delivery.
R. S., Ø 2564. And there shall be appointed a deputy collector of customs, to reside - to have deputy &C said port, who shall receive a salary, to be determined by the Secrecollector.
tary of the Treasury, not exceeding one thousand five hundred dollars R. S., 2564, 2565.
per annum. [June 22, 1874.]
AN ACT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS THE MISSISSIPPI June 22, 1874. RIVER AT OR NEAR THE CITY OF LA CROSSE, IN THE STATE OF WISCONSIN. 18 Stat. L., 197.
Bridge across Mississippi River, between La Not more than $3 a car to be charged for trane
portation of freight-cars.
Toxt of former act in note. - works for security, &c., of, to be constructed. Bridge a cross Be it enacted, &c., That the Milwaukee and Saint Paul Railway ComMississippi River between LaCrosse, pany may construct and maintain a bridge across the Mississippi River Wis., and Houston, at a point heretofore selected by said company between the county of Minn.
La Crosse, in the State of Wisconsin, and the county of Houston, in the
Provided, That the Secretary of War shall convene a board of engi. peer officers, whose duty it shall be to ascertain and report whether a bridge at the location selected by said company can be constructed and