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CHAP. 30.—An act authorizing the Secretary of the Treasury to appoint a deputy collector at Lake Charles, Louisiana.

Be it enacted, &c., That the Secretary of the Treasury be, and he is hereby, authorized to appoint a deputy-collector at Lake Charles, Calcasieu Parish, State of Louisiana, who shall have power to enter and clear all vessels coming to that port. [February 24, 1880.]

Feb. 24, 1880.

21 Stat. L., 66. Deputy collector of customs at Lake

Charles, La.
R. S., § 2569.

CHAP. 37.-An act to amend section three thousand and twenty of the Revised Statutes.

Be it enacted, &c., That section three thousand and twenty of the Revised Statutes be so amended as to read as follows:

SEC. 3020. Where fire-arms, scales, balances, shovels, spades, axes, hatchets, hammers, plows, cultivators, mowing-machines, and reapers, manufactured with stock or handles made of wood grown in the United States, are exported for benefit of drawback under the preceding section, such articles shall be entitled to such drawback in all cases where the imported material exceeds one-half of the value of the material used.

67.

March 10, 1880. 21 Stat. L., Manufactures of wood, in part

imported and in part native; when entitled to drawback.

R. S., § 3019. Substitute for R. S., § 3020. 1890, Oct. 1, ch. 1244, § 25, post, p. And where cans, manufactured in whole or in part of imported 862. material, filled with products grown or produced in the United States, Cans filled with are exported for benefit of such drawback, the same shall, in all domestic products cases, be entitled to the drawback provided for in the preceding sec- back on export; tion where the imported material used in the manufacture of such when, &c. cans shall equal seventy per centum of the value of all the material used in the manufacture thereof. [March 10, 1880.]

entitled to draw

CHAP. 41.—An act to authorize the Secretary of the Interior to deposit certain funds in the
United States Treasury in lieu of investment.

April 1, 1880.

21 Stat. L., 70. Secretary of Interior may deposit

Indian trust funds
in Treasury.
R. S., § 3659.
1876, June 10,
122, ante, p.

Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized to deposit, in the Treasury of the United States, any and all sums now held by him, or which may hereafter be received by him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds or other stocks and securities belonging to the Indian trust-fund, ch. and all sums received on account of sales of Indian trust lands, 105. and the sales of stocks lately purchased for temporary investment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments;

Interest: how

And the United States shall pay interest semi-annually, from the date of deposit of any and all such sums in the United States Treas- payable; permaury, at the rate per annum stipulated by treaties or prescribed by nent approprialaw, and such payments shall be made in the usual manner, as each may become due, without further appropriation by Congress. [April 1, 1880.]

tion for same.

CHAP. 47.-An act for protection of the Potomac fisheries in the District of Columbia, and for the preservation of shad and herring in the Potomac River.

April 6, 1880. 21 Stat. L., 71. In District of

Columbia certain

Be it enacted, &c., That it shall not be lawful to fish with fyke-net, pound-net, stake-net, weir, float-net, gill-net, haul-seine, or any other contrivance, stationary or floating, in the waters of the Potomac fishing in Potomac River, within the District of Columbia, after the thirtieth day of from May 30 to River prohibited May in any year. (1)

NOTE.-(1) By 1885, March 2, ch. 316, § 1, post, p. 480, and 23 Stat. L.,340, all fishing of the character herein described was prohibited for a term of five years; but that provision expired by its own limitation March 2, 1890.

January 1.

tween sundown

closed, &c.

During fishing SEC. 2. That during the fishing season, namely, from the first day season time be- of January to the thirtieth day of May in every year, there shall be Saturday and mid- observed in each week a closed season, beginning at sundown on night Sunday Saturday evening and ending at midnight on Sunday night, during which time it shall be unlawful to lay out any haul seine or float net, or to fish the same, and all stake-nets, and the leaders of all hedges or pounds, fyke-nets and weirs, shall be lifted clear of the water so as to allow unobstructed passage to the fish: Provided, That in the case of weirs it will be sufficient to remove a section of the hedging next the pound or pen, not less than twelve feet in length.

Black bass or

salmon not to be taken except with hook and line.

Shad or herring not to be sold, &c.,

after June 10.

SEC. 3. That it shall be unlawful for any person to take, in any other manner than by angling, or with the out line, any fish of the species known as "black bass or "salmon ".

SEC. 4. That it shall be unlawful for any person to have in possession or expose for sale in the District of Columbia, after the tenth day of June in any year, fish of the shad or herring species (fresh), 1880. Apr. 24, under a penalty of five dollars for every fish so exposed or found in Res. No. 25, § 2, par. 3. post, p. 303. possession. Penalty; disposition of fines; pay to informer.

Act does not

SEC. 5. That any person who shall offend against any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon sufficient proof thereof in the Police Court or other court of the District shall be fined not less than ten nor more than one hundred dollars for each offense, and shall forfeit to the District his nets, boats, and other apparatus, which shall be sold and the proceeds of such sales and all fines accruing under this act shall be paid into the Treasury, and therefrom, to the informer, in each case where conviction ensues, shall be paid the sum of ten dollars:

Provided, That nothing in this act shall be construed to prohibit prohibit fishing angling or fishing with the out line, or to prevent the Commissioner with the out line, of Fish and Fisheries, or his agents, from taking from the waters nor prevent Commissioner of Fish- named, in any manner desired, fish of any kind for scientific purposes, or for the purposes of propagation. [April 6, 1880.]

eries taking fish.

April 7, 1880.

21 Stat. L., 71. Postmaster-Gen

dite mail service

CHAP. 48.-An act to provide for a deficiency in the appropriations for the transportation of the mails on Star routes for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes.

Be it enacted, &c. SEC. 2.

* *

That the Postmaster-General eral not to expe- shall not hereafter have the power to expedite the service under any at pay above 50 contract either now existing or hereafter given to a rate of pay per cent. of con- exceeding fifty per centum upon the contract as originally let.

tract.

R. S., § 3961.

131 U. S., 31.

[April 7, 1880.]

* *

April 16, 1880.

21 Stat. L., 74.

in Territories to

appointed.

R. S., § 1856.

CHAP. 56.—An act relating to justices of the peace in the Territories.

Justices of peace Be it enacted, &c., That when from any cause there shall be a vacancy in the office of justice of the peace in any of the Territofill vacancies; how ries of the United States, it shall be lawful to fill such vacancy by appointment or election, in such manner as has been or may be provided by the governor and legislative assembly of such Territory: Provided, That such appointee, or person elected to fill such vasuccessors are cancy, shall hold office only until his successor shall be regularly elected, &c. elected and qualified as provided by law.

-to hold only till

Repeal.

SEC. 2. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed. [April 16, 1880.]

CHAP. 57.-An act to amend an act entitled "An act to provide for taking the tenth and subsequent censuses", approved March third, eighteen hundred and seventy-nine.

* *

April 20, 1880.

21 Stat. L., 75. Information as

Be it enacted, &c. SEC. 2. That the seventeenth section of an act entitled "An act to provide for the taking of the tenth and to naturalization subsequent censuses" be amended by striking out so much thereof not to be taken. as provides that schedule one contain an inquiry as to the naturalization of foreign-born persons, and that schedule four contain an inquiry relating to the ownership of the public debt of the United States, by whom owned, and the respective amounts:

Provided, That the Superintendent of the Census shall collect and collate, as far as possible, by experts and agents and from officers of the government, information in relation to the ownership of the public debt of the United States. (1) [April 20, 1880.]

NOTE.-(1) All the rest of this act is superseded by 1889, March 1, ch. 319, post, p. 653. See note, 1879,
March 3, ch. 195, ante, p. 258.

CHAP. 58.—An act to provide for the establishing of terms of court in the district of Colorado.

Be it enacted, &c., That terms of the circuit and district courts of the United States for the district of Colorado shall be held at the times and places hereinafter designated, namely: [Omitted words superseded 1886, Aug. 3, ch. 848, post, p. 510.]

Inquiries concerning ownership of public debt.

R. S., § 2206, Sched. 1, 4.

April 20, 1880. 21 Stat. L., 76. In Colorado, circuit and district courts; when and where to be held.

1876, June 26, ch. 147, § 1, ante, p. 106. SEC. 2. Whenever the terms of the said circuit and district courts Summons and shall be held at the same time and place, grand and petit jurors sum- attendance of jumoned to attend in either of said courts may serve in the other of 1886, Aug. 3, ch. said courts, and but one grand or petit jury shall be summoned to 848, post, p. 510. attend on said courts at one and the same time;

But this provision shall not prevent either of said courts from procuring the attendance of several panels of jurors successively, as the business of the courts may require.

rors.

Records of dis

SEC. 3. The records of the district court in the several divisions of the district of Colorado, as declared by the act approved Febru- trict courts in diary fifteenth, eighteen hundred and seventy-nine, entitled "An act visions, by whom to provide for holding terms of the circuit and district courts in the to be kept. district of Colorado", shall be kept and retained in the clerk's office 82 (20 Stat. L., 292.) of the district court of Colorado;

1879, Feb. 15, ch.

Jurisdiction of

Pending action

And the district court sitting at the places mentioned in this act respectively, shall have jurisdiction of actions, civil and criminal, district court. heretofore brought and now pending at any such place. Actions, suits, and proceedings pending and undetermined in the district court for the southern and western divisions, as declared by in southern and said act, of which a circuit court has jurisdiction exclusive of the district court, may be certified into the circuit court sitting at the same place, for further proceedings therein and for final hearing or trial thereof.

SEC. 4. [Repeals act of 1879, Feb. 15, ch. 82, 20 Stat. L., 292.] [April 20, 1880.]

CHAP. 71.-An act for the establishment of a land-office in the Territory of Montana.

western divisions.

April 30, 1880.

21 Stat. L., 81. Yellowstone

Montana.

Be it enacted, &c., That all that portion of the Territory of Montana which lies east of the twenty-seventh range east of the princi- land district in pal meridian which is not now or hereafter may be included in any Indian reservation, be, and the same is hereby, designated as the district of the Yellowstone, and constituted a separate land district, with a United States land-office at Miles City, within said district.

SEC. 2. The President shall appoint a register and receiver for said office, who shall be entitled to such compensation as is now provided by law, which compensation shall be paid from the fund appropriated for such purposes. [April 30, 1880.]

R. S., § 2256.
1874, June 20,

ch. 342, ante, p. 26.
1890, April 1, ch.
60, post, p. 710.
- register and re-
ceiver for.

R. S., § 2234.

May 3, 1880.

21 Stat. L., 86.

CHAP. 73.—An act making appropriations for the Naval service for the fiscal year ending
June thirtieth, eighteen hundred and eighty-one, and for other purposes.

In Navy rations Be it enacted, &c., * * That the Secretary of the Navy may Secretary of Navy substitute for the ration of "two ounces of desiccated potatoes" six may substitute desiccated toma- ounces of desiccated tomatoes if he shall believe such substitution toes for dessicated to be conducive to the health and comfort of the Navy, and not to potatoes. be more expensive to the government than the present ration, proR. S., § 1580. vided the same shall be acceptable to the men. [May 3, 1880.]

* *

May 11, 1880.

CHAP. 85.-An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and eighty-one, and for other purposes.

21 Stat. L., 131, 132. Be it enacted, &c. * Secretary of In* [Par. 1.] That the Secretary of the Interior may pur- terior be, and he is hereby, authorized, whenever it can be done chase articles advantageously, to purchase for use in the Indian service, from made at Indian Indian manual and training schools, in the manner customary among training schools. individuals such articles as may be manufactured at such schools, and which are used in the Indian service. Accounts of such transactions shall be kept in the Indian Bureau and in the training schools, and reports thereof made from time to time.

R. S., § 2083.

Limitation of an

* *

[Par. 2.] That teachers and Indians employed at agencies in any nual expenditures capacity shall not be construed as part of agency employees named at Indian agencies in section five of the act making appropriations for the Indian servnot to apply to ice for the fiscal year ending June thirtieth, eighteen hundred and sums paid teachers and Indians. seventy-six, approved March third, eighteen hundred and seventy1875, March 3,ch. five. *

132, $5,ante, p. 79.

Indians not to

* SEC. 4.

*

That all officers and agents of the Army and Indian be granted per- Bureaus are prohibited, except in a case specially directed by the mits to go into President, from granting permission in writing or otherwise to any Texas; officers Indian or Indians on any reservation to go into the State of Texas under any pretext whatever; and any officer or agent of the Army or Indian Bureau who shall violate this provision shall be dismissed from the public service.

liable to dismissal for violation.

-Secretary of In

And the Secretary of the Interior is hereby directed and required terior to prevent to take at once such other reasonable measures as may be necessary Indians going in connection with said prohibition to prevent said Indians from entering said State. [May 11, 1880.]

there.

* *

May 14, 1880.

21 Stat. L., 140.

timber culture

CHAP. 89.-An act for the relief of settlers on public lands.

On relinquish- Be it enacted, &c., That when a pre-emption, homestead, or timment of pre-emp- ber culture claimant shall file a written relinquishment of his claim tion, homestead or in the local land-office, the land covered by such claim shall be held claim, land open to as open to settlement and entry without further action on the part of the Commissioner of the General Land Office. R. S., §§ 2257-2288, 2289-2317, 2464-2668. 1891, March 3, ch. 561, §§ 1, 4, post, p. 940. In case of can

entry.

cellation of entry, contestant to be notified.

SEC. 2. In all cases where any person has contested, paid the landoffice fees, and procured the cancellation of any pre-emption, homestead, or timber-culture entry, he shall be notified by the register of the land-office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands:

Provided, That said register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not

Settlers on pub to be reported.

lic lands allowed

SEC. 3. That any settler who has settled, or who shall hereafter settle, on any of the public lands of the United States, whether sur

tions.

veyed or unsurveyed, with the intention of claiming the same under time to file homethe homestead laws, shall be allowed the same time to file his home- stead applicastead application and perfect his original entry in the United States R. S., SS 2289land-office as is now allowed to settlers under the pre-emption laws 2317. to put their claims on record, and his right shall relate back to the date of settlement, the same as if he settled under the pre-emption laws. [May 14, 1880.]

CHAP. 95.-An act to abolish all tolls at the Louisville and Portland Canal.

May 18, 1880.

Canal.

Be it enacted, &c., (1) That after the first day of July, eighteen Tolls not to be hundred and eighty, no tolls shall be charged or collected at the charged on LouisLouisville and Portland Canal, but the Secretary of War shall be ville and Portland authorized to draw his warrant from time to time upon the Secretary Expenses, how of the Treasury to pay the actual expenses of operating and keeping paid. said canal in repair. [May 18, 1880.]

NOTE. (1) R. S. § 5255 provides for the assumption of control of this canal by the United States at a reduced rate of tolls. By act of 1874, May 11, ch. 165 (18 Stat. L., 43), provision was made for payment of the bonds of the Canal Company, for a reduction of tolls, and for management by the Secretary of War. By 1884, July 5, ch. 229, §7 (23 Stat. L., 148), authority is given to the Secretary of War to make, post, and enforce regulations for the use of the canal. By 1886, May 1, ch. 70 (24 Stat. L., 17), partition was allowed of certain adjoining land. By 1888, Sept. 30, ch. 1041 (25 Stat. L., 497), the before-mentioned act of 1884, ch. 229, § 7, was re-enacted. By 1890, Sept. 30, ch. 1130 (26 Stat. L., 554), the use of a part of the property by private parties was permitted, and conditions fixed for its termi nation. While this act is local, it is included herein because it modifies a section of the Revised Statutes.

1882, Aug. 2, ch. 375, post, p. 369. 16 Opins., 557.

CHAP. 100.-An act to create an additional land district in the State of Kansas.

May 24, 1880. 21 Stat. L., 141. Northern land

Be it enacted, &c., That all that portion of the northwestern land district in the State of Kansas, lying and being situated west of the district in Kansas. third guide meridian west of the sixth principal meridian, be, and R. S., § 2256, 2d hereby is, constituted a new land district, to be called the northern land district.

SEC. 2. That the President, by and with the advice and consent of the Senate, is hereby authorized to appoint a register and a receiver for said district, who shall discharge like and similar duties, and receive the same amount of compensation allowed to other officers discharging like duties in the other land-offices of said State. [May 24, 1880.]

ed., p. 409.

1874, June 20, ch. 340, ante, p. 25. 1881, March 3, ch. 146, post, p. 326.

[ocr errors]

- register and receiver for. R. S., §§ 2234

2247.

CHAP. 105.-An act to construe and define "An act to cede to the State of Ohio the unsold lands in the Virginia military district in said State," approved February eighteenth, eighteen hundred and seventy-one, and for other purposes.

May 27, 1880. 21 Stat. L., 142.

Act ceding to

defined.

Be it enacted &c., That the act ceding to the State of Ohio the lands remaining "unsurveyed and unsold" in the Virginia military Ohio certain lands district, in the State of Ohio, had no reference to lands which in Virginia district were included in any survey or entry within said district founded 1871, ch. 56 (16 upon military warrant or warrants upon Continental establish- Stat. L.,416). ment; and the true intent and meaning of said act was to cede to 1882, Aug. 7, the State of Ohio only such lands as were unappropriated, and not ch. 444, post, p. included in any survey or entry within said district, which survey 113 U. S., 562. or entry was founded upon military warrant or warrants upon Continental establishment.

384.

123 U.S., 117.

SEC. 2. That all legal surveys returned to the land office on or Surveys returned before March third, eighteen hundred and fifty-seven, on entries to land office by made on or before January first, eighteen hundred and fifty-two, and March 3, 1857, defounded on unsatisfied Virginia military Continental warrants, are hereby declared valid.

clared valid.

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