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And all process issued against defendants residing in the counties of Sabine, San Augustine, Shelby, Nacogdoches, Angelina, Trinity, Houston, Anderson, Cherokee, Panola, Rusk, Smith, Henderson, Vanzandt, Rains, Gregg, and Wood, shall be returned to Tyler;

And all process issued against defendants residing in the counties of Upshur, Harrison, Marion, Cass, Bowie, Red River, Titus, Camp, Hopkins, Morris, and Franklin shall be returned to Jefferson;

And all process issued against defendants residing in the (3) counties of Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval, Nueces, San Patricio, Dimmit, and Maverick shall be returned to Brownsville; And all process issued against defendants residing in the counties of Calhoun, Refugio, Victoria, Goliad, Bee, Live Oak, Karnes, De Witt, Lavaca, Gonzales, Guadalupe, Wilson, Atacosa, McMullen, Bexar, Comal, Kendall, Kerr, Edwards, Bandera, Medina, Frio, La Salle, Zavala, Uvalde, Kinney, Crockett, Tom Green, Pecos, Presidio, and El Paso shall be returned to San Antonio;

And all process issued against defendants residing in the counties of Fayette, Washington, Burleson, Milan, Williamson, Lee, Bastrop, Caldwell, Hays, Travis, Blanco, Gillespie, Burnet, Ĺlano, Mason, Kimball, Menard, Concho, McCulloch, San Saba, and Lampasas shall be returned to Austin;

And that all process issued against defendants residing in any in new county which may hereafter be created by law, shall be returned to ties. the nearest place for holding court in the judicial district within which said county is formed.

coun

ent divisions;

And if there be more than one defendant, and they reside in Suits against different divisions of the district, the plaintiff may sue in either more than one dedivision, and send duplicate writ or writs to the other defendants, fendant in differon which the plaintiff or his attorney shall endorse that the writ where may be thus sent is a copy of a writ sued out of a court of the proper divi- brought. sion of the said district; and the said writs, when executed and 1880, June 14, returned into the office from which they issued, shall constitute one ch. 213, § 1, post, suit, and be proceeded in accordingly.

SEC. 6. [Relates to pending cases. [

p. 297.

SEC. 7. That the present judge of the eastern district of Texas Assignment of be, and he is hereby, assigned to hold said courts in the said eastern present judges. district, and shall exercise the same jurisdiction and perform the same duties within the said district as he now exercises and performs within his present district.

That the present judge of the western district of Texas be, and he is hereby, assigned to hold said courts in the western district of Texas, and shall exercise the same jurisdiction and perform the same duties within the said district as he now exercises and performs within his present district.

And there shall be appointed a district judge for the northern district of Texas, who shall possess the same powers and do and perform all such duties in his district as are now enjoyed, or in any manner appertain to the present district judges for said eastern and western districts of Texas.

And the district judge of such district shall be entitled to the same compensation as by law is provided for the present judges of the eastern and western districts of Texas.

Judge for north

R. S., § 554.

ern district.

1891, Feb. 24, ch.

287, post, p. 896.

SEC. 8. That there shall be appointed one person as district attorney District attorney and one person as marshal for said northern district, whose terms of and marshal for appointment and services, as well as duties and emoluments, shall be northern district. R. S., $$ 767the same with those respectively appertaining to the said offices in the 793, 824, 829. said eastern and western districts of Texas;

And said marshal shall give the same bond that other marshals are

required to give, to be approved and recorded as now directed by law: [Part omitted has expired.]

*

*
*

NOTE. (3) By 1879, June 11, ch. 18, § 2, post, p. 266, process from certain of these counties is returnable at San Antonio.

Present clerks not affected.

Provided further, That it is not intended by this act to work the removal of, or in any manner affect, the clerks of the district courts now holding office in said districts.

Clerk and dep- SEC. 9. The district judge of the northern district shall appoint uty clerks for a clerk of said court, who shall reside at one of the places designorthern district; nated in this act for holding the courts, and two deputies shall be how appointed. 1884, June 3, ch. appointed by the clerk, one of whom shall reside at each of the other 64, § 13, post,p.438. places designated for holding the courts. [February 24, 1879.]

Feb. 25, 1879.

20 Stat. L., 320. Supreme court of District of Co

lumbia to have a
sixth judge.
R. S. of D. C.,
S$ 750, 751.

General term may be held by two judges; division of opinion. R. S. of D. C., § 754. 1877, Feb. 27, ch.69, §2, par. 10, ante, p. 130.

Judge not to sit on appeal from his own decision. 3 Mackey, 66. Two circuit

court terms at

same time.

Juries.

CHAP. 99.-An act to create an additional associate justice of the supreme court of the District of Columbia, and for the better administration of justice in said District.

Be it enacted, &c., That there shall be appointed by the President, by and with the advice and consent of the Senate, one additional associate justice of the supreme court of the District of Columbia.

That the said additional associate justice shall have the same power, authority, and jurisdiction as now or hereafter may be exercised by any of the associate justices of the said supreme court, and shall be entitled to receive the same salary, payable in the same

manner.

SEC. 2. Two of the justices, sitting at general term, shall constitute a quorum for the transaction of business; but when the two justices shall be divided in opinion, the same shall be noted upon the minutes of the court, and thereupon and within four days thereafter either party in such cause may file with the clerk of the court a motion in writing to have such cause reargued before three or more justices;

But no justice shall sit in general term to hear an appeal from any judgment or decree or order which he may have rendered at the special term.

SEC. 3. The general term may order two (1) terms of the circuit court to be held at the same time, whenever, in their judgment the business therein shall require it; and they shall designate by an order of the court, the time and places of holding the same, and the justices by whom they shall, respectively, be held; and shall make all necessary orders for a division of the docket between the justices holding such term;

And petit juries shall be drawn therefor, in the same manner as 1889, March 1, is provided for in such circuit court, at least ten days before the commencement of any such sitting.

ch.308, post, p.651.

Repeal.

SEC. 4. [Superseded 1885, March 3, ch. 355, post, p. 485.]

SEC. 5. All acts or parts of acts inconsistent with the provisions of this act [act] are hereby repealed. [February 25, 1879.]

NOTE. (1) By 1874, June 23, ch. 454, ante, p. 41, the justice holding the criminal term may hold sittings of the circuit court; by the above act two terms of the circuit court may be held; by 1880, June 8, ch. 137, § 1, post, p. 291, the justice holding the circuit court may try criminal cases; by 1889, March 1, ch. 308, § 1, post, p. 651, the general term has power to regulate the period and number of all special terms.

Feb. 26, 1879. 20 Stat. L., 322.

Salaries of naval

officers at Balti

more and New Orleans.

R. S.. SS 2655,

2656, 2689.

1874, June 22,

CHAP. 103.-An act to amend section twenty-three of the act approved June twenty-second, eighteen hundred and seventy-four, entitled "An act to amend customs-revenue laws and to repeal moieties."

Be it enacted, &c., That the twenty-third section of an act entitled "An act to amend customs-revenue laws and to repeal moieties" approved the twenty-second day of June, eighteen hundred and seventy-four, be, and the same is hereby, amended, to take effect from that date, as follows:

After the words "to the naval officers of the districts of Boston ch. 391, § 23, ante, and Charlestown, Massachusetts; and San Francisco, California;

p. 35.

and Philadelphia, Pennsylvania," insert the words "and Baltimore, Maryland; and New Orleans, Louisiana";

And after the words "to the surveyors of the ports of Boston, Salaries of surMassachusetts, and San Francisco, California, and Philadelphia, veyors at PortPennsylvania, each five thousand dollars," insert the words land, Baltimore, "Provided, the surveyors at Portland, Maine, and Baltimore, and New Orleans. R. S., §§ 2655, Maryland, shall each receive the sum of four thousand five hundred 2657, 2688, 2689. dollars, and the surveyor at New Orleans, Louisiana, shall receive the sum of three thousand five hundred dollars;" [February 26, 1879.]

CHAP. 105.—An act to promote a knowledge of steam-engineering and iron-ship building among the students of scientific schools or colleges in the United States.

Feb. 26, 1879.

20 Stat. L., 322. Be it enacted, &c., That for the purpose of promoting a knowledge Engineers deof steam-engineering and iron-ship building among the young men tailed as professors of the United States, the President may, upon the application of an in colleges, &c. established scientific school or college within the United States, de- R. S., § 1390. 1888, Sept. 26, tail an officer from the Engineer Corps of the Navy as professor in ch. 1037, post, p. such school or college: 620. 1891, Jan. 13, ch. 70, post, p. 887. Provided, That the number of officers so detailed shall not at any -not exceeding time exceed twenty-five, and such details shall be governed by rules twenty-five, &c. to be prescribed from time to time by the President:

And provided further, That such details may be withheld or with- may be withdrawn whenever, in the judgment of the President, the interests of drawn from dethe public service shall so require. [February 26, 1879.]

tail.

CHAP. 106.-An act to amend an act entitled "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes", approved June twentieth, eighteen hundred and seventy-eight.

Feb. 26, 1879.

20 Stat. L., 323.

Be it enacted, &c., That the act entitled "An act making appro- Restrictions as priations for sundry civil expenses of the government for the fiscal to binding not to year ending June thirtieth, eighteen hundred and seventy-nine, and apply to library of for other purposes", approved June twentieth, eighteen hundred and Patent Office and seventy-eight, be, and the same is hereby, amended by adding to the State Department. clause of said act relating to the binding of books for the depart- R. S., SS 3785, ments of the government, after the words "Congressional Library", 1878, June 20,ch. the following words: "nor to the Library of the Patent Office", nor 359, par. 1, ante, to the Library of the Department of State. [February 26, 1879.]

3790.

p. 201.

CHAP. 112.—An act extending the limits of the port of New York.

Feb. 28, 1879.

20 Stat. L., 324. Collection dis

Be it enacted, &c., That the collection-district of the port of New York shall hereafter include, in addition to the other territory em- trict of city of New braced therein, all that part of the county of Hudson, in the State York to include of New Jersey, and the waters adjacent, now within the collection- part of Hudson district of Newark, New Jersey, east of Newark Bay and the Hack- County, N. J. ensack River. [February 28, 1879.]

R. S., §§ 2535, 2541.

CHAP. 125.-An act to amend the laws relating to internal revenue.

March 1, 1879.

20 Stat. L., 327. Collector of in

Be it enacted, &c., That any collector of internal revenue, or any deputy collector or other employee of, or person acting for, such tern al revenue,

payment, guilty

&c.

&c., issuing collector, who shall issue any stamp or stamps indicating the paystamps before ment of any internal-revenue tax, before payment in full therefor of misdemeanor, has been made to the officer or person issuing the same, shall be deemed guilty of a misdemeanor, and shall be fined for each stamp thus issued an amount equal to the face value thereof, in addition to the liability of the collector on his official bond on account of such stamp; and such collector, deputy collector, or employee shall be dismissed from office.

R. S., § 3169.

1875, Feb. 8.ch. 36, § 23, ante, P.

61.

Clerks of circuit

SEC. 2. That the Revised Statutes of the United States be amended

and district courts as follows, namely:

at close of each quarter to make

[R. S., § 797.] That section seven hundred and ninety-seven be

report to Commis- amended by adding thereto the following:

sioner of Internal

"He shall also, at the close of each quarter or within ten days Revenue of money thereafter, report to the Commissioner of Internal Revenue all monpaid in suits on collectors' bonds, eys paid into court on account of cases arising under the internalrevenue laws, as well as all moneys paid on suits on bonds of collectors of internal revenue.

&c.

R. S., § 767.

1875, Feb. 22, ch.

The report shall show the name and nature of each case, the date 95, §§ 5, 6, ante, of payment into court, the amount paid on account of debt, tax, or penalty, and also the amount on account of costs.

p. 66.

Collectors of in

ternal revenue to give bonds, &c.

R. S., § 3143. 1888, Aug. 8, ch. 787, post, p. 605. 99 U. S.. 229. 100 U. S., 8. 17 C. Cls., 44. 3 Hughes, 231. 1 Fed. Rep., 104. 24 Fed. Rep.348.

-to renew, &c.,

bonds, &c.,

-to file bonds

If such money, or any portion thereof, has been paid by the clerk to any internal-revenue officer or other person, the report shall show to whom each of such payments was made; and if to an internal-revenue officer, it shall be accompanied by the receipt of such officer.” That section thirty-one hundred and forty-three of the United States Revised Statutes be amended to read as follows:

[R. S.] SEC. 3143. Every collector, before entering upon the duties of his office, shall execute a bond for such amount as may be prescribed by the Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury, with not less than five sureties, to be approved by the Solicitor of the Treasurer, conditioned that said collector shall faithfully perform the duties of his office according to law, and shall justly and faithfully account for and pay over to the United States, in compliance with the order or regulations of the Secretary of the Treasury, all public moneys which may come into his hands or possession;

And he shall, from time to time, renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct, with such further conditions as the said commissioner shall prescribe;

And he shall execute a new bond whenever required so to do by the Secretary of the Treasury, with such conditions as may be required by law or prescribed by the Commissioner of Internal Revenue, with not less than five sureties; which new bond shall be in lieu of any former bond or bonds of such collector in respect to all liabilities accruing after the date of its approval by the Solicitor of the Treasury.

Said bonds shall be filed in the office of the First Comptroller of with First Comp- the Treasury."

troller.

[blocks in formation]

That section thirty-one hundred and forty-four of the Revised Statutes be amended so as to read:

[R. S.] "SEC. 3144. It shall be the duty of collectors of internal revenue to act as disbursing agents of the Treasury for the payment of all expenses of collection of taxes and other expenditures for the internal-revenue service within their respective districts, under regulations and instructions from the Secretary of the Treasury, on giving good and sufficient bond, with such sureties, in such form, and in such penal sum, as shall be prescribed by the First Comptroller of the Treasury, and approved by the Secretary of the Treasury, for the faithful performance of their duties as such disbursing agents;

But no additional compensation shall be paid to collectors for such services."

"That section thirty-one hundred and forty-nine be amended by Who to act in striking out all excepting the number thereof, and inserting in lieu thereof the following:

[R. S., § 3149.] "In case of the sickness or absence of a collector, or in case of his temporary disability to discharge his duties, they shall devolve upon his senior deputy, unless he shall have devolved them upon another of his deputies; and for the official acts or defaults of such deputies the collector and his sureties shall be held responsible to the United States.

absence or disability of collector. Substitute for R. S., § 3149.

In case of a vacancy occurring in the office of collector, the dep--in case of vauties of such collector shall continue to act until his successor is cancy. appointed;

And until a successor is appointed, the deputy of such collector senior in service shall discharge all the duties of collector, and also the duties of disbursing agent;

And of two or more deputies appointed on the same day, the one residing nearest the residence of the collector when the vacancy occurred shall discharge the said duties until another collector is appointed.

When it appears to the Secretary of the Treasury that the interest of the government so requires, he may, by his order, direct the said duties to be performed by such other one of the said deputies as he may designate.

13 C. Cls., 347. 99 U. S., 10.

Collector's bond

For the official acts and defaults of the deputy upon whom said duties are devolved, remedy shall be had on the official bond of the liable for deputy acting. collector, as in other cases; and for the official acts and defaults of such deputy as acting disbursing agent, remedy shall be had on the official bond of the collector as disbursing agent.

representatives.

And any bond or security taken from a deputy by a collector, Deputy's bond pursuant to (1) section twelve of 'An act to amend existing customs while acting availand internal-revenue laws, and for other purposes', approved Febru- able to collector's ary eighth, eighteen hundred and seventy-five, shall be available to R. S.. § 3148. his legal representatives and sureties to indemnify them for loss or damage accruing from any act or omission of duty by the deputy so continuing or succeeding to the duties of such collector."

That section thirty-one hundred and sixty-three be amended by striking out all after the number thereof, and inserting in lieu thereof the following:

[R. S., § 3163.] "Every collector within his collection-district and every internal-revenue agent shall see that all laws and regulations relating to the collection of internal taxes are faithfully executed and complied with, and shall aid in the prevention, detection, and punishment of any frauds in relation thereto.

Collectors and revenue agents to

see that laws are enforced. Substitute for R. S., § 3163. 1876, Aug. 5, ch. pars. 6, 8,

287,

ante, pp. 119, 120.

Collectors to report delinquen

And it shall be the duty of every collector and of every internalrevenue agent to report to the Commissioner in writing any neglect cies, &c., to Comof duty, incompetency, delinquency, or malfeasance in office of any missioner. internal-revenue officer or agent of which he may obtain knowledge, with a statement of all the facts in each case, and any evidence sustaining the same.

"The Commissioner may also transfer any inspector, gauger, storekeeper, or storekeeper and gauger, from one distillery or other place of duty, or from one collection-district, to another." That section thirty-one hundred and fifty-two of the Revised Statutes be amended by striking out all after the number thereof, and inserting in lieu thereof the following:

1885, March 3,

Commissioner

may transfer in

spector, gauger,

or storekeeper, &c. 1876, Aug. 15, ch. 287, pars. 7, 8, ante, pp. 119, 120. ch. 343, post, p. 484.

ternal-revenue

agents.

[R. S., § 3152.] "The Commissioner of Internal Revenue may, may appoint inwhenever in his judgment the necessities of the service so require, employ competent agents, not exceeding at any time (2) thirty-five in number, to be paid such compensation as he may deem proper, not exceeding in the aggregate any appropriation made for that purpose;

NOTES (1) A substitute for § 12 of the act of 1875, Feb. 8, ch. 36 (18 Stat. L., 309), is found in the same section of this act, post, p. 224.

(2) Reduced to 20 by 1884, July 5, ch. 331, post, p. 468.

Substitute for R. S., § 3152. 1882, Aug. 5, ch. 389, par. 2, post, p. 373.

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