1882, July 20.ch. At Keokuk on the third Tuesday of January and the third Tuesday 312, ? 7. and note, of June, and post, p. 358. 1888, April 19, ch.127, post, p. 584. 1891, Feb.24, ch. 282, post, p. 895. Processes to be entered at said terms. At Council Bluffs on the fourth Monday of March and the fourth Monday of September in each year. SEC. 2. That all causes, processes, suits, and proceedings now pending or commenced for said terms of court, or hereafter to be commenced, shall be continued or returned in and to said courts at the several times herein specified. [February 9, 1874.] February 24, 1874. 18 Stat. L., 17. Assistant and their title, &c. CHAP. 35.—An act to change the titles of certain naval officers, and for other purposes. Be it enacted, &c., That from and after the passage of this act the passed assistant title of first assistant engineer shall be changed to passed assistant engineers in Navy: engineer, and that the title of second assistant engineer shall be R. S., SS 1390, changed to assistant engineer: Provided, That the regulations of the Navy Department in relation to the examinations and amount of 1877, March 3, sea-service previous to each examinations be complied with. ch. 121, post, p. 148. 1885, March 3, ch. 350, post, p. 350. 1394, 1476, 1556. Cadet engineers; SEC. 2. That from and after the thirtieth day of June eighteen course of instruc- hundred and seventy-four, the course of instruction at the Naval tion of, at Naval Academy for cadet-engineers (1) shall be four years, instead of two as now provided by law; and this provision shall first apply to the class of cadet-engineers entering the academy in the year eighteen hundred and seventy-four, and to all subsequent classes; Academy. 1882, Aug. 5, ch. 391, pars. 1, 2, post, p. 376. 1889, Mar. 2, ch. 396, and note,post, p. 696. Repeal. And that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. [February 24, 1874.] NOTE.-(1) Title changed to naval cadets 1882, Aug. 5, ch. 391, par. 1, post, p. 376. See also 1889, March 3, 1874. 18 Stat. L., 18. La Messilla land CHAP. 43.-An act creating an additional land district in the Territory of New Mexico. Be it enacted, &c., That all that portion of the Territory of New district in New Mexico lying south of the principal base line of said Territory shall Mexico; location constitute a separate land district, to be called the La Messilla landdistrict, the office of which shall be located at such place in said district as the President of the United States may direct, which may be changed from time to time as the public interest may require. of land-office. R. S., § 2256. 1888, Dec. 18, ch. 6, post, p. 637. 1889, Mar. 1, ch. 327, post, p. 660. Register and receiver of, and where to reside. R. S., § 2234. SEC. 2. That the President shall appoint, by and with the advice and consent of the Senate, a register and receiver of public moneys for said district, and said officers shall reside in the place where said land-office is located, and they shall have the same powers, perform the same duties, and receive the same emoluments as are or may be prescribed by law in relation to land offices of the United States in other Territories. [March 3, 1874.] March 4, 1874. 18 Stat. L., 19. Secretary of War Be it enacted, &c., That when, from illness or other cause, the Secmay authorize retary of War is temporarily absent from the War Department, he chief clerk to sign may authorize the chief clerk of the Department to sign requisitions upon the Treasury Department, and other papers requiring the sigR.S.. 177, 179, nature of said Secretary; the same, when signed by the chief clerk during such temporary absence, to be of the same force and effect as 1890, March 5, if signed by the Secretary of War himself. [March 4, 1874.] ch. 26, post, p. 707. CHAP. 44.-An act authorizing the chief clerk of the War Department to sign requsitions on the Treasury during the temporary absence of the Secretary of War. in his absence. 215, 3673. 1882, Aug. 5, ch. 389, par. 4, post, p. 373. CHAP. 46.—An act to amend the fifteenth section of an act approved June eighth, eighteen hundred and seventy-two, entitled "An act to revise, consolidate, and amend the statutes relating to the Post-Office Department." March 5, 1874. 18 Stat. L., 19. Oath to be ta General and all Be it enacted, &c., That section fifteen of the act "to revise, consolidate and amend the statutes relating to the Post Office Depart- ken by Postmaster ment," approved June eighth, eighteen hundred and seventy-two, (1) be amended to read as follows: persons in postal service. R. S., § 391. 1884, May 13, ch. "SEC. 15. That before entering upon the duties, and before they shall receive any salary, the Postmaster General, and all persons employed in the postal service, shall respectively take and subscribe 46, post, p. 428. before some magistrate or other competent officer authorized to ad- 820, § 1, post, p. minister oaths by the laws of the United States, or of any State or 791. Territory, the following oath or affirmation: 1890, Aug. 29, ch. "I, A. B. do solemnly swear (or affirm, as the case may be,) that I will faith- —form of. fully perform all the duties required of me and abstain from everything forbidden by the laws in relation to the establishment of post-offices and post-roads within the United States; and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control; ***And I also further swear (or affirm) that I will support the Constitution of the United States; so help me God.' "And this oath or affirmation may be taken before any officer-before what offi civil or military holding a commission under the United States, and cer may be taken. such officer is hereby authorized to administer and certify such oath R. S., § 392. or affirmation." [March 5, 1874.] NOTE. (1) Section fifteen of the act of 1872, ch. 335 (17 Stat. L, 287), here referred to, is incor porated into Revised Statutes, §§ 391, 392. CHAP. 50.—An act making an appropriation to pay the operators of the Government telegraph connecting the Departments with the two Houses of Congress. March 7, 1874. 18 Stat. L., 20. Capitol and De Be it enacted, &c., * * That said lines of telegraph shall be for the use only of Senators, Members of Congress, Judges of the partment TeleUnited States courts, and officers of Congress and of the Executive Departments, and solely on public business. [March 7, 1874.] CHAP. 57.—An act to provide for the issuing and recording of commissions to postmasters appointed by the President by and with the advice and consent of the Senate. (1) graph. 1874, Feb. 4, ch. 22, ante, p. 3; 1874, June 23, ch. 461, post, p. 46; 1879, March 3, ch. 182, par. 5, post, p. 251. March 18, 1874. 18 Stat. L., 23. Commissions of Be it enacted, &c., That hereafter the commissions of all postmasters appointed by the President, by and with the advice and con- Presidential postsent of the Senate, shall be made out and recorded in the Post Office masters to be Department, and shall be under the seal of said Department, and made, sealed, and countersigned by the Postmaster General, any laws to the contrary Office Departnotwithstanding: Provided, That the said seal shall not be affixed to such comany recorded in Post ment. R. S., SS 1794, 3830. mission until after the same shall have been signed by the President 1875, March 3, of the United States. [March 18, 1874.] ch. 131, § 14, post, 1888, Aug. 8, ch. p. 78. NOTE. (1) By R. S., § 1794, all civil commissions for Presidential appointments are to be made out and recorded in the State Department. By § 238, the commissions of revenue officers are made out and recorded in the Treasury Department; by this act, those of postmasters, in the Post-Office Depart- 786, post, p. 605. ment; and by the acts noted in the margin, those of officers under the Secretary of the Interior, in the Interior Department, and of judicial officers, in the Department of Justice. By R. S. § 216, the Secretary of War is directed to perform duties intrusted to him by the President relative to military commissions. March 23, 1874. 18 Stat. L., 23. Jurisdiction of zens of 4125-4130. citi CHAP. 62.-An act to authorize the President to accept for citizens of the United States the jurisdiction of certain tribunals in the Ottoman dominions, and Egypt, established, or to be established, under the authority of the Sublime Porte and of the government of Egypt. Be it enacted, &c., That .whenever the President of the United courts of Ottoman States shall receive satisfactory information that the Ottoman govgovernment and Egypt over ernment, or that of Egypt, has organized other tribunals on a basis United likely to secure to citizens of the United States, in their dominions, States may be ac- the same impartial justice which they now enjoy there under the cepted, and that of judicial functions exercised by the minister, consuls, and other funcconsular courts tionaries of the United States, pursuant to the act of Congress apsuspended. by President. proved the twenty-second of June, eighteen hundred and sixty, entiR. S., § 4083- tled "An act to carry into effect provisions of the treaties between 4091, 4098-4121, the United States, China, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States in those countries, and for other purposes," (1) he is hereby authorized to suspend the operations of said acts as to the dominions in which such tribunals may be organized, so far as the jurisdiction of said tribunals may embrace matters now cognizable by the minister, consuls, or other functionaries of the United States in said dominions, and to notify the government of the Sublime Porte, or that of Egypt, or either of them, that the United States, during such suspension will, as aforesaid accept for their citizens the jurisdiction of the tribunals aforesaid over citizens of the United States which has heretofore been exercised by the minister, consuls, or other functionaries of the United States. (2) 1878, June 14, ch. 193, post, p.180. 1882, Aug. 5, ch. 399, post, p. 379. hold immovable Law ceding right SEC. 2. That the President is hereby authorized for the benefit of to foreigners to American citizens residing in the Turkish dominions, to accept the property in Tur- recent law of the Ottoman Porte ceding the right of foreigners poskey may be accept- sessing immovable property in said dominions. (3) [March 23, 1874.] ed by President for citizens of United States. NOTES. (1) The provisions of the act of 1860, ch. 179 (12 Stat. L., 72), here referred to, are incorporated into Revised Statutes in the sections noted in the margin. (2) The President issued his proclamation March 27, 1876, under this provision, suspending the jurisdiction of consular courts, as therein provided. See proclamation, 19 Stat. L., 652. (3) The President issued his proclamation under this section October 29, 1874, accepting the law of the Ottoman Porte ceding the right of foreigners possessing immovable property in the Turkish do minions, which, with the protocol and law, may be found in 18 Stat. L. 850. March 24, 1874. 18 Stat. L. 24. Sec'y of Treas to take seals on CHAP. 64.-An act to amend the act entitled "An act to prevent the extermination of furbearing animals in Alaska," approved July first, eighteen hundred and seventy. Be it enacted, &c., That the act entitled "An act to prevent the exury may fix time termination of fur-bearing animals in Alaska," approved July first, Saint Paul and eighteen hundred and seventy, (1) is hereby amended so as to authorize Saint George Is the Secretary of the Treasury, and he is hereby authorized, to desiglands, and umber. nate the months in which fur-seals may be taken for their skins on R. S., SS 1960- the islands of Saint Paul and Saint George, in Alaska, and in the waters adjacent thereto, and the number to be taken on or about ch. 415, §3.post, p. each island respectively. [March 24, 1874.] 1972. 1889, March 2, 701. NOTE. (1) The act of 1870, ch. 189, (16 Stat. L., 180), is incorporated into Revised Statutes in sections 1891, March 3, referred to in the margin. ch. 561, § 14 post, p. 945. March 24, 1874. 18 Stat. L., 24. Bonded ware- Be it enacted, &c., That from and after the passage of this act imhouses for storing, porters' bonded warehouses, to be used for the storage and cleansing &c., imported rice; of imported rice intended for exportation to foreign countries, may may be established at ports of entry. be established at any port of entry in the United States, under such rules and regulations as the Secretary of the Treasury may prescribe. [March 24, 1874.] CHAP. 65.—An act to establish bonded warehouses for the storing and cleansing of rice intended for exportation. R. S., §§ 2954, 2961, 2971. CHAP. 72.-An act to approve an act of the legislative assembly of the District of Columbia relating to parishes of the protestant episcopal church. (1) March 28, 1874. 18 Stat. L., 25. Approval of act Be it enacted, &c., That the act of the legislative assembly of the District of Columbia entitled "An act for the relief of parishes of the of District of Columbia relating to Protestant Episcopal Church in the District of Columbia," approved Protestant EpiscoJune twenty-sixth, eighteen hundred and seventy-three, be, and the pal Churches. same is hereby, approved; and that all acts now in force in the District of Columbia, inconsistent therewith, be, and the same are hereby repealed. [March 28, 1874.] R. S. of D. C., $$ 583-544. 1883, March 3, ch. 124, post, p. 407. 1884, April 23, ch. 28, post, p. 425. 3 Mackey, 579. NOTE. (1) The act of the District legislature, here referred to, 1873, ch. 57, is as follows: Qualification for vot ing and holding office. Provided, That in the case of a newly organized parish all mal members of any church or congre- -in case of newly orgation in communion with the Protestant Episcopal Church in the District of Columbia, of full age ganized parishes." and uniting in the organization of such new parish, shall be qualified to vote at the first election of vestrymen thereof. SEC. 2. That hereafter vestries of the Protestant Episcopal Church shall not be obliged to meet on any Vestries not required stated days or at any particular place, but only at such times and places as they may find most conven- to meet on stated days, ient; and if any vacancy shall happen in vestries after their election, or any person elected a vestryman &c. shall refuse to serve, then the other vestrymen shall have power to appoint a person or persons, as the vacancies in, how case may be, to serve until the next succeeding election; and any parish, by a vote of the majority of filled. its qualified voters may at any parish meeting provide that the wardens of such parish shall be elected in the same manner as vestrymen, and be members of the vestry; and vestries shall have power to make all rules and regulations respecting the temporal government and support of their respective parishes, not inconsistent with public law. SEC. 3. That vestries now existing shall be regarded as legally constituted, notwithstanding irregu larities in their election or defect of qualifications in the voters by whom they were elected, and are hereby confirmed in their offices until the period appointed by law for the next election of vestries. SEC. 4. That all acts or parts of acts now in force in the District of Columbia respecting the right and privileges of associate rector in parishes of the Protestant Episcopal Church in said District be and the same are hereby repealed. [June 26, 1873.] Warden, how may be elected. Power of vestries. Organization of existing vestries firmed con Laws as to rights, &c., of associate rectors repealed. CHAP. 80.—An act concerning the practice in territorial courts, and appeals therefrom. Whereas, by the organic acts establishing several of the Territories of the United States, it is provided that certain courts thereof shall have common-law and chancery jurisdiction, and doubts have been entertained whether said jurisdictions must be exercised separately, or whether they may be exercised together in the same proceeding, and whether the codes and rules of practice adopted in said Territories which have authorized a mingling of said jurisdictions in the same proceeding, or a uniform course of proceeding in all cases legal and equitable, are repugnant to the said organic acts respectively: Therefore, April 7, 1874. 18 Stat. L., 27. Preamble. common law and chancery and Be it enacted, &c., That it shall not be necessary in any of the courts In Territorial of the several Territories of the United States (1) to exercise separately courts, the common-law and chancery jurisdictions vested in said courts; jurisdiction need and that the several codes and rules of practice adopted in said Ter- not be exercised ritories respectively, in so far as they authorize a mingling of said separately; jurisdictions or a uniform course of proceeding in all cases whether codes, rules, &c., legal or equitable, be confirmed; and that all proceedings heretofore mingling, had or taken in said courts in conformity with said respective codes R. S., §§ 1866and rules of practice, so far as relates to the form and mode of pro- 1868, 1907, 1908. ceeding, be, and the same are hereby, validated and confirmed: Provided, That no party has been or shall be deprived of the right of trial by jury in cases cognizable at common law. confirmed. same Right of trial by jury preserved. Appellate jurisdiction of Supreme SEC. 2. That the appellate jurisdiction of the Supreme Court of the United States (2) over the judgments and decrees of said Territorial Court of United courts in cases of trial by jury shall be exercised by writ of error, States, how exerand in all other cases by appeal according to such rules and regula- cised. tions as to form and modes of proceeding as the said Supreme Court have prescribed or may hereafter prescribe: NOTES. (1) As to courts in Alaska, see 1884, May 17, ch. 53, §§ 3, 7, post, pp. 431, 432: Indian Territory, 1889, March 1, ch. 333, post, p. 670, and 1890, May 2, ch. 182, §§ 29-42, post, p.731; Oklahoma, 1890, May 2, ch. 182, $9. post, p. 723. (2) Appeal or writ of error, when to Supreme Court or circuit court of appeals, 1891, March 3, ch. 517, $ 13, 15, post, p. 905. R. S., SS 702, 703, 1909, 1911. Proceedings on appeal. R. S., § 698. 99 U. Š., 610. 105 U. S., 235. 119 U. S., 236. 132 U. S., 509. Provided, That on appeal, instead of the evidence at large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall be made and certified by the court below, and transmitted to the Supreme Court together with the transcript of the proceedings and judgment or decree; but no appellate proceedings in said Supreme Court, heretofore taken upon any such judgment or decree, shall be invalidated by reason of being instituted by writ of error or by appeal: * * [Remainder of act relates to pending cases.] [April 7, 1874.] April 17, 1874. 18 Stat. L., 30. Enrollment and northern waters, CHAP. 106.-An act to amend the act entitled "An act relating to the enrollment and license of certain vessels." Be it enacted, &c., That the provisions of the act relating to the license of vessels enrollment and license of vessels navigating the western rivers and on western and the waters on the northern, northeastern, and northwestern frontiers how may be issued of the United States, otherwise than by sea, approved February or renewed in dis- twenty-eighth, eighteen hundred and sixty-five (1), are hereby tricts other than extended to include all vessels of the United States navigating the waters of the United States. [April 17, 1874.] where owned. R. S.,§ 4328. NOTE. (1) The provisions of the act of 1865, ch. 69, (13 Stat. L., 444), here referred to, are incorporated into Revised Statutes in § 4328. April 17, 1874. 18 Stat. L., 30. Aliens, in certain serve on vessels. CHAP. 107.-An act to authorize the employment of certain aliens as engineers and pilots. Be it enacted, &c., That any alien who, in the manner provided cases, may be li- for by law, has declared his intention to become a citizen of the censed as engineers and pilots to United States, and who shall have been a permanent resident of the steam- United States for at least six months immediately prior to the granting of such license, may be licensed, as if already naturalized, to R. S., SS 4131, serve as an engineer or pilot upon any steam-vessel subject to inspec1884, June 26, tion under the provisions of the act entitled "An act to provide for ch. 121, § 1, post, the better security of life on board of vessels propelled, in whole or in part, by steam, and for other purposes," approved February twentyeighth, eighteen hundred and seventy-one (1). [April 17, 1874.] 4438, 4441, 4442. p. 440. NOTE. (1) The provisions of the act of 1871, ch. 100 (16 Stat. L., 440), here referred to, are incorporated into Revised Statutes in §§ 4399-4500. April 18, 1874. 18 Stat. L., 31. Certain canal CHAP. 110.-An act to amend the act entitled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same," passed February eighteen, seventeen hundred and ninety-three (1). Be it enacted, &c., That the act to which this is a supplement shall boats exempt from not be so construed as to extend the provisions of the said act, to canal enrollment and license, and from boats or boats employed on the internal waters or canals of any State; customs fees. and all such boats, excepting only such as are provided with sails or R. S., SS 4220, propelling machinery of their own adapted to lake or coastwise navigation, and excepting such as are employed in trade with the Canadas, shall be exempt from the provisions of the said act, and from the payment of all customs and other fees under any act of Congress. [April 18, 1874.] 4311-4390. 15 Opins., 52. 16 Opins., 247. 6 Fed. R., 636. NOTE. (1) The provisions of the act of 1793, ch. 8 (1 Stat. L., 305), here referred to, are incorporated into Revised Statutes within §§ 4311-4385. |