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CHAP. 117.-An act to provide for the inspection of the disbursements of appropriations made by officers of the Army.

April 20, 1874.

18 Stat. L., 33. Secretary of

Be it enacted, &c., That it shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, War to make freeconomy, and propriety of all disbursements made by disbursing quent inquiries as officers of the Army, and as to their strict conformity to the law ap- omy, &c., of disto necessity, econpropriating the money; also to ascertain whether the disbursing of- bursements by ficers of the Army comply with the law in keeping their accounts Army officers, &c. and making their deposits; such inquiries to be made by officers of R. S., SS 216, 1131. the inspection department of the Army, or others detailed for that. 1884, July 5, ch. purpose: 217, par. 7, post, p. 457.

Provided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement. SEC. 2. That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. [April 20, 1874.]

CHAP. 127.-An act to establish the Bismarck land district in the Territory of Dakota. Be it enacted, &c., That all that portion of Dakota Territory lying north of the seventh standard parallel and west of the ninth guidemeridian be, and the same is hereby, created into a separate land district, to be known as the Bismarck district; and the land office for said district shall be located at the town of Bismarck, where the North Pacific Railroad intersects the Missouri River.

-to report there

on to Congress annually.

R. S., § 228.

[blocks in formation]

R. S., § 2256. 1880, Jan. 21, ch. 8, post, p. 275. 1882, March 23, ch. 49, post, p. 334. 1883, March 3, ch. 140, post, p. 415. 1890, Sept. 26, ch. 946, post, p. 807. SEC. 2. That a register and a receiver shall be appointed for said - register and redistrict land office, who shall be governed by the same laws and receive the same compensation as prescribed for similar officers in the other land districts of said Territory. [April 24, 1874.]

ceiver of.

R. S., §§ 2234

2247.

May 12, 1874. 18 Stat. L., 45.

Assay-office at Helena, Montana,

established.

CHAP. 168.-An act to establish an assay-office at Helena, in the Territory of Montana. Be it enacted, &c., That the Secretary of the Treasury is hereby authorized and required to establish an assay-office at Helena, in the Territory of Montana, the said assay-office to be conducted under the provisions of the act entitled "An act revising and amending R. S., § 3495the laws relative to the mints, assay-offices, and coinage of the United States," approved February twelfth, eighteen hundred and seventy-three (1).

SEC. 2. [The provisions of this section have been executed.] [May 12, 1874.]

NOTE. (1) The provisions of the act of 1873, ch. 131 (17 Stat. L., 424), here referred to, are incorporate into Revised Statutes, §§ 3495-3562.

3562.

CHAP. 186.-An act to amend an act entitled "An act to provide for the establishment of a military prison and for its government," approved March third, eighteen hundred and seventy-three (1).

May 21, 1874. 18 Stat. L., 48. Military prison

Be it enacted, &c., That said act be, and the same is hereby, so amended that all acts and things therein required to be done and to be at Fort Leav enworth, Kansas, performed at Rock Island, in the State of Illinois, shall be done and instead of at Rock performed on the military reservation at Fort Leavenworth in the Island. State of Kansas:

1879, March 3,

Provided, That the Government buildings now on said military ch. 182, par. 6, reservation at Fort Leavenworth shall be modified and used so far post, p. 251. as practicable for the purposes of said prison. [May 21, 1874.]

NOTE. (1) The act of 1873, ch. 249 (17 Stat. L., 582), here referred to, is incorporated into Revised
Statutes in the sections noted in the margin.

R. S., SS 1344, 1361.

1891, Jan. 19,

ch. 80, post, p. 887.

June 1, 1874.

18 Stat. L., 50. Occupants of

CHAP. 200.-An act for the benefit of occupying claimants.

Be it enacted, &c., That when an occupant of land, having color of land under color of title. in good faith has made valuable improvements thereon, and is, in title adjudged in- the valid, to have rem- proper action, found not to be the rightful owner thereof, such edies, in Federal occupant shall be entitled in the Federal courts to all the rights and courts, for im- remedies, and, upon instituting the proper proceedings, such relief provements. as may be given or secured to him by the statutes of the State or R. S., § 721. Territory where the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made. [June 1, 1874.]

June 5, 1874.

18 Stat. L., 53. In Vermont

at Rutland on first

CHAP. 214.—An act changing the time of holding circuit and district courts in Vermont.

Be it enacted, &c., That the term of the circuit court holden at Rutcourts to be held land on the third day of October shall be held on the first Tuesday in Tuesday in Octo- October, and the term of the district court holden at Rutland on the ber, and at Wind- sixth day of October shall be held on the first Tuesday of October. The term of the circuit court holden at Windsor on the fourth Tuesday in July shall be held on the third Tuesday in May, and the term of the district court held at Windsor on the Monday after the fourth Tuesday of July shall be on the third Tuesday in May:

sor on third Tuesday in May.

R. S., §§ 572, 658.

Provided, That this act shall not apply to the next terms of the circuit and district court to be holden at Windsor, but the same shall be held at the times now provided by law. [June 5, 1874.]

June 6, 1874. 18 Stat. L., 58.

Commandant of

CHAP. 216. -An act making appropriations for the naval service for the year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes.

Be it enacted, &c.,

*

* Provided, That the office of comMarine Corps. Re- mandant of the Marine Corps having the rank of a brigadierpeal of law fixing general of the Army shall continue until a vacancy shall occur rank as brigadierin the same, and no longer; (1) and when such vacancy shall general. occur in said office, immediately thereupon all laws and parts of laws creating said office shall become inoperative, and shall, by virtue of this act, from thenceforth be repealed:

R. S., §§ 1596,

1601.

And provided further, That thereafter the commandant of the Marine Corps shall have the rank and pay of a colonel, and shall be Hereafter to be appointed by selection by the President from the officers of said corps. * [June 6, 1874.]

colonel.

June 6, 1874.

18 State. L., 61.

Wilmington to be future name of

San Pedro, Cal.

R. S., $2582.

*

NOTE. (1) The office became vacant November 1, 1876, and the commandant was appointed as pro vided by this act.

CHAP. 218.-An act to change the name of the port of San Pedro, California, to Wilmington.

Be it enacted, &c., That the port of San Pedro, on the Pacific coast, shall be called Wilmington. (1)

[June 6, 1874.]

1882, June 16, ch. 223, ante, p. 346. 1890, April 26, ch. 159, post, p. 716.

NOTE. (1) This act is incorporated into the second edition of the Revised Statutes in § 2582.

CHAP. 219.-An act to equalize pensions in certain cases.

June 6, 1874.

18 Stat. L., 61. Pensioners un

Be it enacted, &c., That all persons entitled to pensions under special acts fixing the rate of such pensions, and now receiving or der special acts to entitled to receive a less pension than that allowed by the general have benefits of pension laws under like circumstances, are, in lieu of their present general law. rate of pension, hereby declared to be entitled to the benefits and R. S., §§ 4715subject to the limitations of the general pension laws entitled "An 1882, July 25,ch. act to revise, consolidate, and amend the laws relating to pensions," 349, §5,post, p. 361. approved March third, eighteen hundred and seventy-three; (1) and that this act go into effect from and after its passage:

4720.

reduced

Provided, That this act shall not be construed to reduce any pen-pensions of, not sion granted by special act. [June 6, 1874.]

NOTE. (1) The provisions of the act of 1873, ch. 234 (17 Stat. L., 566), here referred to, are incorporated into Revised Statutes, with §§ 4692-4785.

thereby.

CHAP. 223.-An act obviating the necessity of issuing patents for certain private land-claims in the State of Missouri, and other purposes.

June 6, 1874.

18 Stat. L., 62. Title of lands in

Be it enacted, &c., That all of the right, title, and interest of the United States in and to all of the lands in the State of Missouri which Missouri confirmhave at any time heretofore been confirmed to any person or persons gress, public offied by acts of Conby any act of Congress, or by any officer or officers, or board or cers, &c., released boards of commissioners, acting under and by authority of any act in fee to equitable of Congress, shall be, and the same are hereby, granted, released, owners. and relinquished by the United States, in fee-simple, to the respec- ch. 422, and note, 1874, June 22, tive owners of the equitable titles thereto, and to their respective post, pp. 40, 41. heirs and assigns forever, as fully and as completely, in every respect whatever, as could be done by patents issued therefor according to

law.

SEC. 2. That nothing contained in the first section of this act shall, in any manner, abridge, divest, impair, injure, or prejudice any valid right, title or interest of any person or persons in or to any portion or part of the lands mentioned in said first section; and this act shall in nowise affect any lands or lots heretofore relinquished to the United States.

98 U. S. R., 203.

without affecting valid rights, &c.

Office of recor

SEC. 3. That whenever the Secretary of the Interior shall be of the opinion that the public interest no longer requires the continuance der of land titles in Missouri may of the office of recorder of land titles in Missouri, he may close and be discontinued. discontinue the same; (1) and all of the records, maps, plats, field- 1876, July 31.ch. notes, books, papers, and everything else concerning, pertaining, or 246, par. 8, post, p. belonging to said office of recorder, shall be delivered to the State of 115. Missouri:

2222.

Provided, however, That said State shall provide by law for the State to provide reception and safe-keeping of said records, maps, plats, field-notes, for safe-keeping of records, &c. books, papers, and everything else belonging to said office of reR. S., §§ 2218corder, as public records, and for the allowance of free access to the same by the authorities of the United States, for the purpose of taking extracts therefrom, or making copies thereof, without charge of any kind: (2)

And provided further, That when said office of recorder shall be Commissioner of closed and discontinued as aforesaid, the Commissioner of the Gen- General Land Of eral Land-Office shall forever thereafter possess and exercise all of fice to have powthe powers and authority and perform all the duties of said recorder. &c. [June 6, 1874.]

post, p. 115.

NOTES. (1) The office of recorder of land titles for Missouri is abolished by 1876, ch. 246, par. 8, (2) The State of Missouri, by act of April 28, 1877, made provisions for the reception and safe-keeping of the records, maps, &c., of the recorder's office, as by this act required.

ers of recorder,

R. S., § 453, 1876, July 31,ch. 246, par. 8, post, p.

115.

June 8, 1874.

18 Stat. L., 63.

April, 1861, and

CHAP. 256.—An act authorizing corrections to be made in errors of prize-lists.

Prize-money al- Be it enacted, &c., That the second and third paragraphs of the lowed to officers tenth section of the navy-prize law, approved June thirtieth, eighteen serving as division hundred and sixty-four (1), which relates to the shares of comcommanders and manders of divisions and fleet-captains, shall apply to officers serving fleet captains from in those positions from April, eighteen hundred and sixty-one, (the commencement of the late war,) and the shares shall be paid in the R. S., § 4631, manner as provided for division-commanders in said second paragraph, said payments to be made out of the naval pension fund; and all acts inconsistent with the provisions of this act be, and the same are hereby, repealed. [June 8, 1874.]

how paid.

pars. 1, 2.

NOTE (1) The provisions of the act of 1864, ch. 174, § 10 (13 Stat L., 309) here referred to are incor porated into Revised Statutes. § 4631, pars. 1, 2.

house for export

June 9, 1874. 18 Stat. L., 64. Distilled spirits Be it enacted, &c., That whenever the owner or owners of distilled may bewithdrawn spirits shall desire to withdraw the same from any distillery bonded from bonded ware- warehouse for exportation under existing law, such owner or owners by giving trans- may at their option, in lieu of executing an export bond as now provided by law, give a transportation bond with sureties satisfactory R. S., SS 3329, to the collector of internal revenue, and under such rules and regu3330. lations as the Secretary of the Treasury may prescribe, conditioned 1877, March 3, ch. 114, § 5, post, for the due delivery thereof on board ship at a port of exportation to be named therein;

CHAP. 259. An act to facilitate the exportation of distilled spirits, and amendatory of the acts in relation thereto.

portation bond.

p. 140.

1879, March 1, ch. 125, § 10, post, p. 236; 1879, Dec. 20, ch. 1, post, p. 275. 1890, Oct. 1, ch. 1244, § 46. post, p. 867. 16 Opins., 634.

Exporter to no-. And in such case, on arrival of the spirits at the port of export, tify collector of ar- the exporter or owner at that port shall immediately notify the colrival at port of ex- lector of the port of the fact, setting forth his intention to export the same, and the name of the vessel upon which the same are to be laden, and the port to which they are intended to be exported.

port.

-to file exportentry.

-to give bond.

Collector of port to transmit to col

He shall, after the quantity of spirits has been determined by the gauger and inspector, file with the collector of the port an exportentry verified by his oath or affirmation.

He shall also give bond to the United States, with at least two sureties, satisfactory to the collector of customs, conditioned that the principal named in said bond will export the spirits as specified in said entry to the port designated in said entry, or to some other port without the jurisdiction of the United States.

And upon the lading of such spirits, the collector of the port, after lector of internal proper bonds for the exportation of the same have been completed revenue clearance by the exporter or owner at the port of shipment thereof, shall transcertificate and mit to the collector of internal revenue of the district from which gauger's report.

Transportation bond, when to be

canceled.

Export bond,

celed.

the said spirits were withdrawn for exportation, a clearance certificate and a detailed report of the gauger, which report shall show the capacity of each cask in wine-gallons, and the contents thereof in wine-gallons, proof-gallons, and taxable gallons.

Upon receipt of the certificate and report, and upon payment of tax on deficiency, if any, the collector of internal revenue shall cancel the transportation bond.

The bond required to be given for the landing at a foreign port of when to le can- distilled spirits shall be cancelled upon the presentation of satisfactory proof and certificates that said distilled spirits have been landed at the port of destination named in the bill of lading or any other port without the jurisdiction of the United States or upon satisfactory proof that after shipment the same were lost at sea without fault or neglect of the owner or shipper thereof.

cents.

SEC. 2. That on and after the first day of July, eighteen hundred Expense of and seventy-four, for the expense of providing and affixing the stamp to be ten stamps to each cask containing distilled spirits for exportation, there shall be charged ten cents for each stamp instead of twenty-five cents as now required by law. [June 9, 1874.]

R. S., § 3330. 1880, May 28,ch. 108, 16, post, p. 288.

CHAP. 275.-An act making appropriations for the consular and diplomatic service of the Government for the year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes.

June 11, 1874.

18 Stat. L.,66.

senger at Paris

Be it enacted, &c. [Par. 1.] And the Secretary of State is author- Secretaries of ized to allow and pay to the secretary of legation and to the legation and messecond secretary of legation and to the messenger of the legation in to have allowance Paris, from the moneys collected at the legation for the transmission from moneys colof consular invoices, an amount not to exceed in the aggregate six lectedfortransmishundred dollars in any one year, to be divided and distributed as the Secretary of State may direct, (1) provided that the surplus receipts are sufficient for that purpose.

sion of invoices. R. S., § 1687.

consuls to be such

[Par. 2.] The bonds which consular officers who are not compen- Sureties on sated by salaries are required by the thirteenth section of the act of bonds of certain August eighteenth, eighteen hundred and fifty-six, (2) to enter into, as Secretary of shall hereafter be made with such sureties as the Secretary of State State may approve shall approve.

SEC. 3. That the President shall be, and is hereby, authorized to appoint interpreters to the consulates at Shanghai, Tien Tsin, Fowchow, and Kanagawa, and to allow them salaries not to exceed, in either case, the rate of two thousand dollars a year;

And to appoint interpreters to the consulates at Hankow, Amoy, Canton, and Hong-Kong, and to allow them salaries not to exceed, in either case, the rate of seven hundred and fifty dollars a year;

R. S., § 1697. Interpreters to consulates in

China and Japan; appointment and salary.

R. S., § 1692.

1885, Feb. 25,ch.

479.

And also to allow, at his discretion, a sum not exceeding the rate of five hundred dollars for any one year to any one consulate in 150, par. 4, post, p. China or Japan, respectively, not herein named, for expenses of interpretation; and that section six of the act entitled "An act to regulate the diplomatic and consular systems of the United States," approved August eighteenth, eighteen hundred and fifty-six, is hereby repealed. (3)

Time of transit

sular officers to be

SEC. 4. That the Secretary of State shall, as soon as practicable, establish and determine the maximum amount of time actually neces- allowed to diplosary to make the transit between each diplomatic and consular post matic and conand the city of Washington, and vice versa, and shall make the established by Secsame public. He may also, from time to time, revise his decision in retary of State, this respect; but in each case the decision is to be in like manner &c. made public. R.S.. § 1742. And the allowance for time actually and necessarily occupied by Allowance of each diplomatic and consular officer who may be entitled to such time not to be exallowance shall in no case exceed that for the time thus established and determined, with the addition of the time usually occupied by the shortest and most direct mode of conveyance from Washington to the place of residence in the United States of such officer.

SEC. 5. That from and after the first day of July next, the annual salary of consular clerks who shall have remained continuously in service as such for the period of five years and upward shall be one thousand two hundred dollars.

NOTES. (1) Under this provision the Secretary of State directed the money to be divided equally among the three persons named.

(2) The provisions here referred to of the act of 1856, ch. 127 (11 Stat. L., 52), are incorporated into Revised Statutes in the sections noted in the margin.

(3) Section 6 of the act of 1856, ch. 127 (11 Stat. L., 55) here repealed, forms § 1692 of the Revised Statutes, which therefore seems to be superseded or repealed by the provisions of this act.

ceeded, &c.

Salary of con

sular clerks after

five years' service. R. S., § 1704.

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