Eastern district. man, Knox, Baylor, Haskell, Throckmorton, Young, Stephens, Shackelford, Jones, Taylor, Callahan, Eastland, Brown, Coleman, Runnels, Greer, Nolan, Fisher, Stonewall, King, Cottle, Childress, Collingsworth, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Gray, Donley, Hall, Motley, Dickens, Kent, Scurry, Mitchell, Howard, Borden, Dawson, Gaines, Martin, Andrews, Garza, Crosby, Floyd, Briscoe, Armstrong, Carson, Hutchinson, Hansford, Sherman, Moore, Potter, Randall, Swisher, Hale, Lubbock, Lynn, Terry, lockley, Lamb, Castro, Deaf Smith, Oldham, Hartley, Dallam, Palmer, Bayley, Cochran, and Yoakum. SEC. 2. That from and after the passage of this act, the territory em1879, June 11, ch. braced in the following-named counties, as now constituted, shall com18, §§ 1, 3. pose the eastern judicial district, namely: Adjourned terms. where to be re turned. Matagorda, Wharton, Brazoria, Fort Bend, Colorado, Austin, Waller, Harris, Galveston, Chambers, Jefferson, Orange, Hardin, Liberty, New. ton, Jasper, Tyler, Polk, San Jacinto, Montgomery, Walker, Grimes, Madison, Trinity, Angelina, San Augustine, Sabine, Shelby, Nacogdoches, Cherokee, Houston, Anderson, Henderson, Smith, Rusk, Panola, Harrison, Gregg, Upshur, Wood, Vanzandt, Rains, Hopkins, Camp, Titus, Marion, Cass, Bowie, Franklin, Morris, and Red River. SEC. 3. That from and after the passage of this act, the territory embraced in the following-named counties, as now constituted, shall comPose the western judicial district of said State, namely: Calhoun, (1)Jackson, Victoria, Goliad, Refugio, Bee, San Patricio, Nueces, Cameron, Hidalgo, Starr, Zapata, Duval, Encinal, Webb, La Salle, McMullen, Live Oak, De Witt, Lavaca, Gonzales, Wilson, Karnes, Atascosa, Frio, Dimmit, Zavala, Maverick, Kinney, Uvalde, Medina, Bexar, Guadalupe, Caldwell, Fayette, Washington, Lee, Burleson, Milan, Williamson, Bastrop, Travis, Hays, Comal, Kendall, Blanco, Burnett, Llano, Gillespie, Kerr, Bandera, Edwards, Kimball, Mason, Menard, Ei Paso, Presidio, Tom Green, Crockett, Pecos, Concho, McCulloch, San Saba, and Lampasas. SEC. 4. That the courts in the northern judicial district shall be held twice in each year, at Waco, Dallas, and at Graham, in Young County; And the courts in the eastern judicial district shall be held twice in each year, at Galveston, Tyler, and Jefferson; And the courts in the western judicial district shall be held twice in each year, at Brownsville, San Antonio, and Austin. The courts shall be held In the city of Waco on the first Mondays in April and October; In the city of Galveston, on the first Mondays in November and March; At the city of Brownsville on the first Mondays in January and July; And the district judge of each of said districts shall have power to fix adjourned terms at all of said places, so as to dispose of the whole of the business of said courts. Process against SEC. 5. That all process issued against defendants residing in the defendants in the counties of Brazos, Robertson, Leon, Limestone, Freestone, McLennan, different counties; Falls, Bell, Coryell, Hamilton, Comanche, Erath, Hood, Bosque, Somerville, Hill, Brown, Coleman, and Runnels shall be returned to Waco; Aud all process issued against defendants residing in the counties of Navarro, Johnson, Ellis, Kaufman, Dallas, Rockwall, Hunt, Lamar, Fannin, Grayson, Collin, Denton, Cooke, Montague, Wise, Tarrant, Parker, Delta, and Clay shall be returned to Dallas; NOTE.-(1) By act of 1879, June 11, ch. 18, § 1, Jackson County is transferred to eastern district; and by the act of 1880, June 11, § 2, Aransas County is added to the western district. And all process issued against defendants residing in the counties of Processes, where Eastland, Stephens, Young, Archer, Wichita, Wilbarger, Baylor, Throck- to be returned, &c. morton, Shackelford, Callahan, Taylor, Jones, Haskell, Knox, Hardeman, Greer, Nolan, Mitchell, Howard, Martin, Andrews, Gaines, Dawson, Borden, Scurry, Fisher, Stonewall, Kent, Garza, Lynn, Terry, Yoakum, Cochran, Hockley, Lubbock, Crosby, Dickens, King, Cottle, Motley, Floyd, Hale, Lamb, Bayley, Palmer, Castro, Swisher, Brisco, Hall, Childress, Collingsworth, Donley, Armstrong, Deaf Smith, Oldham, Potter, Carson, Gray, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Hutchinson, Hansford, Sherman, Moore, Hartley, Palo Pinto, Jack, and Dallam shall be returned to Graham; And all process issued against defendants residing in the counties of Jackson, Matagorda, Brazoria, Wharton, Colorado, Fort Bend, Austin, Harris, Galveston, Chambers, Jefferson, Órange, Hardin, Liberty, Montgomery, Waller, Grimes, Madison, Walker, San Jacinto, Polk, Tyler, Jasper, and Newton shall be returned to Galveston; 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; For alteration see And all process issued against defendants residing in the counties of Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval, Nueces, San 1879, June 11, ch. 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; 18, §§ 2, 3. And all process issued against defendants residing in the counties of For alteration see Fayette, Washington, Burleson, Milan, Williamson, Lee, Bastrop, Cald- 1879, June 11, ch. well, Hays, Travis, Blanco, Gillespie, Burnet, Llano, Mason, Kimball, 18, §§ 2, 3. Menard, Concho, McCulloch, San Saba, and Lampasas shall be returned to Austin; And that all process issued against defendants residing in any county which may hereafter be created by law, shall be returned to the nearest place for holding court in the judicial district within which said county is formed. - in new counties. Suits against fendant in differ And if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may sue in either division, and send more than one deduplicate writ or writs to the other defendants, on which the plaintiff or ent divisions; his attorney shall endorse that the writ thus sent is a copy of a writ sued where may be out of a court of the proper division of the said district; and the said brought. writs, when executed and returned into the office from which they issued, 213, 1. shall constitute one suit, and be proceeded in accordingly. 1880, June 14, ch. Transfer of pend SEC. 6. Actions or proceedings now pending at Brownsville, Austin, Galveston, and Tyler, which under this act, would be brought in some ing causes. other district, may, on the application of either party, be transferred to the proper court of said district; and in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the office of the clerk of such court, and the same shall proceed in all respects as though originally commenced in said court. SEC. 7. That the present judge of the eastern district of Texas be, Assignment of and he is hereby, assigned to hold said courts in the said eastern dis. present judges. trict, 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, Judge for northern district to be appointed. R. S., § 554. District attorney northern 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. 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. SEC. 8. That there shall be appointed one person as district attorney and marshal for and one person as marshal for said northern district, whose terms of appointment and services, as well as duties and emoluments, shall be the same with those respectively appertaining to the said offices in the said eastern and western districts of Texas; Present district attorneys, marshals, and clerks. 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: Provided, That the present district attorneys for the eastern and western districts of Texas shall still hold their offices respectively in said districts, and shall retain charge of all suits already commenced until the final termination, unless the President of the United States shall otherwise direct; and the present marshals for said eastern and western districts shall continue to be the marshals for said districts during their respective official terms: 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 a uty clerks for clerk of said court, who shall reside at one of the places designated in northern district; this act for holding the courts, and two deputies shall be appointed by how appointed. the clerk, one of whom shall reside at each of the other places designated for holding the courts. [February 24, 1879.] Feb. 25, 1879. 20 Stat. L., 320. Supreme court of District of Columbia to have a sixth judge. R. S. of Dist. Col., §§ 750, 751. General term may be held by two judges; proceedings on divis. ion of opinion. Judge not to sit СНАРТER 99. AN ACT TO CREATE AN ADDITIONAL ASSOCIATE JUSTICE OF THE SUPREME COURT OF SECTION 1. Supreme court of District of Columbia to 2. General term may be held by two judges; Judge not to sit on hearing appeal from his Be it enacted, &c. [SECTION 1], 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 on hearing appeal judgment or decree or order which he may have rendered at the special from his own de- term. cision. Two circuit same time. SEC. 3. The general term may order two terms of the circuit court to be held at the same time, whenever, in their judgment the business court terms at 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 is provided for in such circuit court, at least ten days before the commencement of any such sitting. SEC. 4. The final judgment or decree of the supreme court of the District of Columbia in any case where the matter in dispute, exclusive of costs, exceeds the value of twenty-five hundred dollars, may be reexamined and reversed or affirmed in the supreme court of the United States, upon writ of error or appeal in the same manner and under the same regulations as are provided in cases of writs of error on judgments or appeals from decrees rendered in a circuit-court. SEC. 5. All acts or parts of acts inconsistent with the provisions of this act [act] are hereby repealed. [February 25, 1879.] Cases of $2,500 may be reviewed by Supreme Court of United States. R. S., §§ 691 701. 98 U.S., 398. 147. Repeal. CHAPTER 102. AN ACT TO AUTHORIZE THE ISSUE OF CERTIFICATES OF DEPOSIT IN AID OF THE Certificates of deposit of $10 each, with interest at Application of the money. 4 per cent., convertible into bonds, to be issued. Feb. 26, 1879. 20 Stat. L., 321. Certificates of deposit of $10 each, with interest at 4 per cent., convert Be it enacted, &c., That the Secretary of the Treasury is hereby authorized and directed to issue, in exchange for lawful money of the United States that may be presented for such exchange, certificates of deposit, of the denomination of ten dollars, bearing interest at the rate ible into bonds, to of four per centum per annum, and convertible at any time, with ac- be issued. crued interest, into the four per centum bonds described in the refund- 1870, ch. 256 (16 Stat. L., 272). ing act; Application of And the money so received shall be applied only to the payment of the bonds bearing interest at a rate of not less than five per centum in the money. the mode prescribed by said act, and he is authorized to prescribe suitable rules and regulations in conformity with this act. [February 26, 1879.] CHAPTER 103. AN ACT TO AMEND SECTION TWENTY-THREE OF THE ACT APPROVED JUNE TWENTY- Salaries of naval officers at Baltimore and New -of surveyors at Portland, Baltimore, and New Feb. 26, 1879. 20 Stat. L., 322. Salaries of naval 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 officers at Baltithe twenty-second day of June, eighteen hundred and seventy four, be, more and New Orand the same is hereby, amended, to take effect from that date, as R. S., §§ 2655, follows: 2656, 2689. After the words "to the naval officers of the districts of Boston and 1874, June 22, ch. Charlestown, Massachusetts; and San Francisco, California; and Phila- 391, § 23. delphia, Pennsylvania," insert the words "and Baltimore, Maryland; and New Orleans, Louisiana”; And after the words "to the surveyors of the ports of Boston, Masveyors at Port- sachusetts, and San Francisco, California, and Philadelphia, Pennsylland, Baltimore, vania, each five thousand dollars," insert the words Salaries of sur and New Orleans. 2657, 2688, 2689. R. S., § 2655, "Provided, the surveyors at Portland, Maine, and Baltimore, Maryland, shall each receive the sum of four thousand five hundred dollars, 1874, June 22, ch. and the surveyor at New Orleans, Louisiana, shall receive the sum of 391, § 23. three thousand five hundred dollars;" [February 26, 1879.] CHAPTER 105. Feb. 26, 1879. 20 Stat. L., 322. AN ACT TO PROMOTE A KNOWLEDGE OF STEAM-ENGINEERING AND IRON-SHIP BUILD- Engineers in Navy may be detailed as professors - not exceeding twenty-five, &c. may be withdrawn from detail. Engineers in Be it enacted, &c., That for the purpose of promoting a knowledge of Navy may be de- steam-engineering and iron-ship building among the young men of the tailed as professors United States, the President may, upon the application of an established in colleges, &c. R. S., § 1390. scientific school or college within the United States, detail an officer from the Engineer Corps of the Navy as professor in such school or college: Provided, That the number of officers so detailed shall not at any time exceed twenty-five, and such details shall be governed by rules to be prescribed from time to time by the President: -not exceeding twenty-five, &c. -may be with And provided further, That such details may be withheld or withdrawn drawn from detail. whenever, in the judgment of the President, the interests of the public service shall so require. [February 26, 1879.] Feb. 26, 1879. 20 Stat. L., 323. Restrictions as CHAPTER 106. AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR SUN- THIRTIETH, EIGHTEEN HUNDRED AND SEVENTY-NINE, AND FOR OTHER PURPOSES", Restrictions as to binding not to apply to library of Patent Office. Be it enacted, &c., That the act entitled "An act making appropriations to binding not to for sundry civil expenses of the government for the fiscal year ending apply to library of Patent Office and June thirtieth, eighteen hundred and seventy-nine, and for other purState Department. poses", approved June twentieth, eighteen hundred and seventy-eight, R. S., §§ 3785, be, and the same is hereby, amended by adding to the clause of said act 1878, June 20, ch. relating to the binding of books for the departments of the government, after the words "Congressional Library", the following words: "nor to the Library of the Patent Office", nor to the Library of the Department of State. [February 26, 1879.] 3790. 359, § 1, par. 1. CHAPTER 110. Feb. 27, 1879. 20 Stat. L., 223. AN ACT TO PROVIDE FOR THE SETTLEMENT OF TAX-LIEN CERTIFICATES ERRONEOUSLY In District of Columbia, certain tax-lien certificates receivable for taxes prior to July, 1877. In District of Be it enacted, &c., That in order to settle and pay to the holders of Columbia, certain tax-lien certifi- certain tax-lien certificates purporting to have been issued pursuant to cates receivable for an act of the legislative assembly of the District of Columbia approved taxes prior to July, June twenty-fifth, eighteen hundred and seventy-three, which the Commissioners of the District of Columbia may determine to have been erro 1877. |