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Writs and pro

cesses.

Chickasaw Na

p. 217.

1883, Jan. 6, ch. 13, §2, ante, p. 389.

SEC. 16. That the judge of the court herein established shall have the same authority to issue writs of habeas corpus, injunctions, mandamus, and other remedial process, as exists in the circuit court of the United States.

SEC. 17. That the Chickasaw Nation and the portion of the Choction and part of taw Nation within the following boundaries, to wit: Beginning on Choctaw attached Red River at the southeast corner of the Choctaw Nation; thence to eastern judicial district of Texas. north with the boundary-line between the said Choctaw Nation and R. S., § 533, 548. the State of Arkansas to a point where Big Creek, a tributary of the 1879, Feb. 24, ch. Black Fork of the Kimishi River, crosses the said boundary-line; 97, and note, ante, thence westerly with Big Creek and the said Black Fork to the junction of the said Black Fork with Buffalo Creek; thence northwesterly with said Buffalo Creek to a point where the same is crossed by the old military road from Fort Smith, Arkansas, to Boggy Depot, in the Choctaw Nation; thence southwesterly with the said road to where the same crosses Perryville Creek; thence northwesterly up said creek to where the same is crossed by the Missouri, Kansas and Texas Railway track; thence northerly up the center of the main track of the said road to the South Canadian River; thence up the center of the main channel of the said river to the western boundary-line of the Chickasaw Nation, the same being the northwest corner of the said nation; thence south on the boundary-line between the said nation and the reservation of the Wichita Indians; thence continuing south with the boundary-line between the said Chickasaw Nation and the reservations of the Kiowa, Comanche, and Apache Indians to Red River; thence down said river to the place of beginning; and all that portion of the Indian Territory not annexed to the district. of Kansas by the act approved January sixth, eighteen hundred and eighty-three, and not set apart and occupied by the five civilized tribes, shall, from and after the passage of this act, be annexed to and constitute a part of the eastern judicial district of the State of Texas, for judicial purposes.

Eastern division

of eastern judicial

district of Texas. R. S., § 548.

SEC. 18. That the counties of Lamar, Fannin, Red River, and Delta of the State of Texas, and all that part of the Indian Territory attached to the said eastern judicial district of the State of Texas by 1879, Feb. 24, the provisions of this act, shall constitute a division of the eastern ch. 97, and note, judicial district of Texas;

ante, p. 217.

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- terms of courts.

R. S., §§ 572,

658.

Return of process and prosecuof Lamar, Fannin, Red River and Delta. and trials.

tions in counties

Pending causes.

Clerk at Paris.

In Indian Terri

And terms of the circuit and district courts of the United States for the said eastern district of the State of Texas shall be held twice in each year at the city of Paris on the third Mondays in April and the second Mondays in October; and the United States courts herein provided to be held at Paris shall have exclusive original jurisdiction of all offenses committed against the laws of the United States within the limits of that portion of the Indian Territory attached to the eastern judicial district of the State of Texas by the provisions of this act, of which jurisdiction is not given by this act to the court herein established in the Indian Territory;

And all civil process, issued against persons resident in the said counties of Lamar, Fannin, Red River, and Delta, cognizable before the United States courts shall be made returnable to the courts, respectively, to be held at the city of Paris, Texas:

And all prosecutions for offenses committed in either of said lastmentioned counties shall be tried in the division of said eastern district of which said counties form a part:

Provided, That no process issued or prosecution commenced or suit instituted before the passage of this act shall be in any way affected by the provisions thereof.

SEC. 19. That the judge of the eastern judicial district of the State of Texas shall appoint a clerk of said court, who shall reside at the city of Paris, in the county of Lamar.

SEC. 20. That every person who shall, in the Indian Territory, tory: punishment willfully and maliciously place any obstruction, by stones, logs, or

any other thing, on the track of any railroad, or shall tear up or re- for obstructing, move, burn, or destroy any part of any such railroad, or the works &c., railroads. thereof, with intent to obstruct the passage of any engine, car, or cars thereon, or to throw them off the track, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be sentenced

to imprisonment at hard labor for any time not more than twenty

years:

Provided, That if any passenger, employee, or other person shall-in case a person be killed, either directly or indirectly, because of said obstruction, is killed. tearing up, removing, burning, or destroying, the person causing the

same shall be deemed guilty of murder, and, upon conviction there

of, shall be punished accordingly.

SEC. 21. That any person aforesaid who shall, in the Indian Ter--for injury to telritory, willfully and intentionally destroy, injure or obstruct any egraph, &c., lines. telegraph or telephone line, or any of the property or materials thereof, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be fined in any sum not more than five hundred dollars and imprisoned for any time not more than one year.

SEC. 22. That every person aforesaid who shall, in the Indian -for disturbing Territory, maliciously or contemptuously disturb or disquiet any religious worship. congregation or private family assembled in any church or other place for religious worship, or persons assembled for the transaction of church business, by profanely swearing or using indecent gestures, threatening language, or committing any violence of any kind to or upon any person so assembled, or by using any language or acting in any manner that is calculated to disgust, insult, or interrupt said congregation, shall, upon conviction thereof, be sentenced to imprisonment for any time not exceeding sixty days, or to a fine not exceeding one hundred dollars, or both such fine and imprisonment.

SEC. 23. That every person aforesaid who shall, in the Indian country, feloniously, willfully, and with malice aforethought assault any person with intent to rob, and his counselors, aiders, and abettors, shall, on conviction thereof, be imprisoned at hard labor for a time not less than one nor more than fifteen years.

SEC. 24. That every person who shall, in the Indian Territory, knowingly mark, brand, or alter the mark or brand of any animal the subject of larency, the property of another, or who shall knowingly administer any poison to or maliciously expose any poisonous substance with the intent that the same shall be taken by any of the aforesaid animals, or shall willfully and maliciously, by any means whatsoever, kill, maim, or wound any of the aforesaid animals, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be sentenced to imprisonment for a period of not more than six months, or a fine of not more than two hundred dollars, or both such fine and imprisonment; and in case the animal shall have been killed or injured by said malicious mischief, the jury trying the case shall assess the amount of damages which the owner of the animal shall have sustained by reason thereof, and, in addition to the sentence aforesaid, the court shall render judgment in favor of the party injured for threefold the amount of the damages so assessed by the jury, for which said amount execution may issue against the defendant and his property.

SEC. 25. That if any person, in the Indian country, assault another with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant disposition, he shall be adjudged guilty of a misdemeanor, and, on conviction shall be fined in any sum not less than fifty nor exceeding one thousand dollars and imprisoned not exceeding one year.

for assault with intent to rob.

§ 27, post, p. 676.

for injuries to animal property. § 27, post, p. 676.

for assault.

§ 27, post, p. 676.

SEC. 26. That if any person shall maliciously and willfully set on -for setting fire fire any woods, marshes, or prairies, in the Indian Territory, with the to woods, &c.

Certain sections

offenses between Indians.

intent to destroy the fences, improvements, or property of another, such person shall be fined in any sum not exceeding five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court.

SEC. 27. That sections five, twenty-three, twenty-four, and twentynot to apply to five of this act shall not be so construed as to apply to offenses committed by one Indian upon the person or property of another Indian. $$ 5, 23, 24 25, ante, pp. 671, 675. Repeal.

March 2, 1889.

25 Stat. L., 790. Port of Mem

phis, Tenn., ex

tended.
R. S., § 2568.

SEC. 28. That all laws and parts of laws inconsistent with the provisions of this act be, and the same are hereby, repealed. [March 1, 1889.]

CHAP. 358. An act to extend the limits of the port of Memphis, Tennessee. Be it enacted, &c., That the limits of the present port of Memphis, Tennessee, be extended from Beale street southward to Jackson street, and that the east line of the present port be extended southward until it intersects said Jackson street. [March 2, 1889.]

March 2, 1889. 25 Stat. L., 793. Texas: Collec

tion district of

CHAP. 368.-An act to amend section twenty-five hundred and seventy-nine of the Revised
Statutes of the United States.

Be it enacted, &c., That the first clause or subdivision of section Galveston; col- twenty-five hundred and seventy-nine of the Revised Statutes of the lector, deputy col- United States is hereby amended so as to read:

lectors, and surveyor.

Substitute for R. S., § 2579, par. 1.

"SEC. 2579. There shall be in the collection districts in the State of Texas the following officers:

In the district of Galveston, a collector, who shall reside at Galveston;

A deputy collector, who shall reside at Sabine Pass, and said deputy collector shall have power to enter and clear all vessels coming to that port and exercise such other powers as the Secretary of the Treasury may prescribe in pursuance of law;

A surveyor, who shall reside at Velasco, and a surveyor who shall reside at Houston." [March 2, 1889.]

March 2, 1889.

25 Stat. L., 793.

CHAP. 370.-An act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and ninety, and for other purposes.

Be it enacted, &c., * *

Fees for distress of personal prop[Par. 1.] That hereafter the fees and erty for taxes to cost of proceeding, collected by the collector of taxes under the act be deposited in U. of March third, eighteen hundred and seventy-seven, for making S. Treasury. distress and sale of property for personal taxes in arrears, shall be 1877 Mar. 3, ch. deposited by said collector in the Treasury of the United States as 117, § 7, ante, P. other revenues of the District are deposited.

144.

overseers and in

* *

Temporary [Par. 2.] (1) That overseers and inspectors, temporarily required in spectors of work connection with sewer, street, or road work, or the construction and on sewers, streets, repair of buildings and bridges, or any work done under contracts. &c.; how paid, authorized by appropriations, and all expenses incidental to or necesnumber of, to be sary for the proper execution of said work, shall be paid out of the reported to Con- sums appropriated for said work and for the time actually engaged 1891, Mar. 3, ch. thereon; and the Commissioners of the District, in their annual re546, par. 4, post, port to Congress shall report the number of such overseers and inspectors, and their work, and the sums paid to each, and out of what appropriation.

gress.

p. 931.

* *

NOTE.-(1) This paragraph is perhaps superseded by the one noted in the margin.

Street cars may

1878, June 11,

[Par. 3.] That any company authorized by law to run cars propelled by horses within the District of Columbia is hereby authorized be run by electricto substitute for horses electric power by storage or independent ity or cables. electrical batteries or underground wire, or underground cables ch. 180, § 5, ante, moved by steam power, on the whole or any portion of its roadway, p. 177. with authority to purchase and use any terminal grounds and facili- 1890, Aug. 6, ch. ties necessary for the purpose; and any such street railway company 724, § 3, post, p. electing to substitute such power on any part of its tracks or roadbeds on the streets of the District of Columbia shall, before doing so, cause such part of its road-beds to be laid with a flat grooved rail and made level with the service of the streets upon each side of said tracks or road-beds, so that no obstruction shall be presented to vehicles passing over said tracks:

Grooved rails to

Provided, That in the event said companies or either of them shall fail for the period of two years from the passage of this act to be used. exercise the powers and privileges hereinbefore given, such companies are hereby required to cause said rails and road beds to be relaid with the flat grooved rail hereinbefore mentioned, so as to be level with the surface of the streets upon each side of said tracks or road beds and the cost of making the changes herein before required shall be paid by the corporations or persons owning or operating said street railroads, and if, after being notified by the Commissioners of the District of Columbia in writing to comply with the terms of this act, the said corporations or either of them shall not within ninety days thereafter begin the work required and complete the same within a reasonable time, not more than twelve months from the expiration of said period of ninety days it shall be the duty of the Commissioners to cause the necessary changes in said rails and road-beds to be made as soon as practicable; and shall issue to make change certificates of indebtedness against the property, real or personal, of on neglect of comsuch railway company, which certificates shall bear interest at the rate of ten per centum per annum until paid, and which, until they are paid, shall remain and be a lien upon the property on or against which they are issued, together with the franchise of said company; and if the said certificates are not paid within one year the said Commissioners of this District of Columbia may proceed to sell the property against which they are issued, or so much thereof as may be necessary to pay the amount due, such sale to be first duly advertised daily for one week in some newspaper published in the city of Washington, and to be sold at public auction to the highest bidder:

Commissioners

pany.

No other rail to be used.

Provided further, That after the passage of this act no other rail than that herein mentioned shall be laid by any street railway company in the streets of Washington and Georgetown, and all companies granted franehises or extensions by the Fiftieth Congress shall have extension of one year's time within which to lay their tracks. So much of the charters of the street railway companies of the District of Columbia as is inconsistent with this section is hereby repealed. Provided further, That the foregoing requirements as to motive- Requirements as power, rails and road-bed shall not apply to street railroads outside to motive power the city of Georgetown and the Boundary limits of the city of not applicable out of city limits. Washington:

And provided, That the authority hereinbefore granted in each All authority and every particular shall be exercised only with the approval of the subject to approv Commissioners of the District of Columbia, expressed by resolution al of Commission

of said board. * *

ers.

[Par.4.] That hereafter the Commissioners in making purchases School sites to of sites for schools or other public buildings shall do so without the be purchased without employ employment of agents or through other persons not regular dealers ing agents. in real estate in the District of Columbia, or through such regular dealers who have not had the property for sale continuously from the date of the passage of this act, and in no case shall commission

Certain institu

ers.

p. 464.

1890, Aug. 6. ch. 724, par. 6, post,

be paid to more than one person or firm greater than the usual commission * *

[Par. 5.] That hereafter the several institutions (1) included under tions to report to the heads of asylums, reformatories, industrial schools, and charithe Commission- ties named in this act, and in former and succeeding appropriation 1884, July 5, ch. acts for the support of the District of Columbia shall report to the 227, par. 2, ante, Commissioners of the District, on or before the first day of October of each year, a full and detailed account of receipts and expenditures, and all their operations, and said Commissioners shall transmit the same to Congress at the beginning of each regular session, with such suggestions and recommendations as they may deem pertinent, together with estimates for maintaining the same. Money appro- All sums of money heretofore appropriated by Congress or which priated for real may hereafter be appropriated and expended in aid of the purchase estate for charita- of real estate shall (subject to any trust deed, mortgage, or other be a lien in event security or incumbrance existing on such property at the time of its

p. 778.

of dissolution.

purchase, or created at the time of its purchase) be a lien upon such property, and in case of the dissolution of any such corporation as in the preceding paragraph is mentioned, owning such property, or in case of the disposal of such property by such corporation, entitle the United States to reimbursement in proportion to any other contributions or funds used in the purchase of such property. The acceptance of any sum of money by any such corporation as is in this act appropriated for its benefits shall be deemed an acceptance of and agreement to this provision.

* *

Money received SEC. 3. That hereafter all moneys received from the sales of anifrom sales of old mals or material of any sort, purchased under appropriations made material to be paid for the District of Columbia since July first, eighteen hundred and into U. S. Treas- seventy-eight, other than for the water department, shall be paid 1883, March 3, into the Treasury of the United States, to the credit of the United ch. 95, par. 2, ante. States and the District in equal parts;

ury.

p. 401.

years.

1874, June 20,

And all balances of appropriations that have been heretofore or Balances of that shall be hereafter made for the District of Columbia under secappropriations to be covered into tion three of the act of June eleventh, eighteen hundred and seventyTreasury after two eight, entitled "An act providing a permanent form of government for the District of Columbia," heretofore or hereafter remaining unexpended at the end of two years from the close of the fiscal year for which such appropriations have been or shall be made, shall be covered into the Treasury, one-half to the credit of the surplus fund and one-half to the credit of the general fund of the District of Columbia. * * [March 2, 1889.]

ch. 328, § 5, ante,

p. 18.

NOTE. (1) The institutions named in the act are The Temporary Home for Soldiers and Sailors, Grand Army of the Republic. Young Woman's Christian Home, Woman's Christian Temperance Union, Columbia Hospital for Women and Lying-in Asylum, Woman's Christian Association, National Association for Destitute Colored Women and Children, Christian Hospital, Saint Ann's Infant Asylum, St. Rose Industrial School, German Orphan Asylum Association, Church Orphanage Associa tion of Saint John's Parish, Washington Hospital for Foundlings, Association for Works of Mercy, National Homeopathic Hospital Association, House of the Good Shepherd, and National Temperance

Home.

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Bureau of Pro

CHAP. 371.—An act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and ninety, and for other purposes.

Be it enacted, &c. * * It shall be the duty of the Bureau of Provisions and Cloth- visions and Clothing to cause property accounts to be kept of all the ing in Navy to supplies pertaining to the naval establishment, and to report annusupplies on hand ally to Congress the money value of the supplies on hand at the vaand report to Con- rious stations at the beginning of the fiscal year, the dispositions thereof, and of the purchases, and the expenditures of supplies for 1879, Feb. 14, ch. the year, and the balances remaining on hand at the end thereof. 68, par. 1, ante, p. [March 2, 1889.] 216. 1891, March 2, ch. 494, par. 1, post, p. 900.

gress.

R. S., § 419.

* *

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