Terms. Secretary of War to approve plans, etc. Changes. Aids to navigation. Lights, etc. Commencement and completion. Amendment. the machinery and fixtures thereto belonging, and also the approaches thereto, upon such terms and conditions as shall be prescribed by the Secretary of War upon hearing the allegations and proofs of the parties in interest, in case the parties in interest shall not be able to agree upon such terms and conditions SEC. 6. That the said railway company, before entering upon the construction of said bridge, shall submit to the Secretary of War plans and drawings of such structure, together with a map of the focation thereof for one mile above and one mile below said location, giving the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current of said river at all stages of water, showing also the bed of the river and the channel, with such other and further information as the Secretary of War may require, which said drawings and other information aforesaid shall be examined by him, and if he shall approve the same he shall so notify the said railway company of such approval, and therefrom said company may proceed to the erection of said bridge. The Secretary of War may make such alterations in such plans as he may deem necessary to the better protection of navigation, and such alterations shall be adopted by said railway company. The said railway company may at any time make any alterations deemed advisable to be made in said bridge, but must first submit such proposed alterations to the Secretary of War, and his approval shall be first had before they shall be authorized or made. SEC. 7. That the said bridge herein authorized to be constructed shall be so kept and managed at all times as to afford proper means and ways for the passage of vessels, barges, or rafts under it both by day and night. There shall be displayed on said bridge from sunset to sunrise such lights and signals as may be directed by the LightHouse Board. And such changes may be made from time to time in the structure of said bridge as the Secretary of War may direct, at the expense of said railway, in order the more effectually to preserve the free navigation of said river, or the said structure shall be altogether removed if in the judgment of the Secretary of War the public good may require such removal, and without expense or charge to the United States. SEC. 8. That this act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date thereof. SEC. 9. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, August 7, 1888. August 8, 1888. courts. CHAP. 785.-An act to authorize the juries of the United States circuit and district courts to be used interchangeably, and to provide for drawing talesmen. Be it enacted by the Senate and House of Representatives of the Juries, United States United States of America in Congress assembled, That the act of Congress approved June thirtieth, eighteen hundred and seventynine, chapter fifty-two, section two, be, and the same is hereby, Circuit and district amended, so that whenever any circuit and district court of the court juries may be United States shall be held at the same time and place they shall be authorized and required, if the business of the courts will permit, to use interchangeably the juries in either court drawn according to the provisions of said act. used interchangeably. Approved, August 8, 1888. CHAP. 786.—An act to provide for the issuing and recording of certain commissions in the Department of Justice. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the commissions of all judicial officers, including marshals and attorneys of the United States, appointed by the President, by and with the advice and consent of the Senate, and all other commissions heretofore prepared at the Department of State upon the requisition of the Attorney-General, shall be made out and recorded in the Department of Justice, and shall be under the seal of said Department and countersigned by the Attorney-General, any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. Approved, August 8, 1888. CHAP. 787.—An act requiring notice of deficiency in accounts of principals to be given to sureties upon bonds of United States officials, and fixing a limitation of time within which suits shall be brought against said sureties upon said bonds. August 8, 1888. Sureties on official bonds. Notice of principal's deficiency to be im Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter, whenever any deficiency shall be discovered in the accounts of any official of the United States, or of any officer disbursing or chargeable mediately communiwith public money, it shall be the duty of the accounting officers cated. making such discovery to at once notify the head of the Department having control over the affairs of said officer of the nature and amount of said deficiency, and it shall be the immediate duty of said head of Department to at once notify all obligors upon the bond or bonds of such official of the nature of such deficiency and the amount thereof. Said notification shall be deemed sufficient if mailed at the post-office in the city of Washington, District of Columbia, addressed to said sureties respectively, and directed to the respective post-offices where said obligors may reside, if known; but a failure to give or mail such notice shall not discharge the surety or sureties upon such bond. Sureties released after five years with SEC. 2. That if, upon the statement of the account of any official of the United States, or of any officer disbursing or chargeable with pub- out suit. lic money, by the accounting officers of the Treasury, it shall thereby appear that he is indebted to the United States, and suit therefor shall not be instituted within five years after such statement of said account, the sureties on his bond shall not be liable for such indebtedness. Approved, August 8, 1888. CHAP. 788.-An act to provide for a term of court at Quincy, Illinois. August 8, 1898. Term of courts to be held at. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter, and Quincy, Ill. until otherwise provided by law, there shall be held annually, on the first Monday in September, a term of the circuit and district courts of the United States for the southern district of Illinois, at the city of Quincy, in said district; said term to be in addition to the terms now required by law to be held at the cities of Springfield and Cairo, PP. 99, 120. in said district. SEC. 2. That the marshal and clerk of said district shall each, respectively, appoint at least one deputy to reside in said city of Quincy, unless he shall reside there himself, and also maintain an office at that place of holding court. R. S., secs, 572, 658, Deputies. August 8, 1888. New Jersey. Causes in United SEC. 3. That the judge of the United States circuit or district court for said district, may, by order, from time to time, appoint and hold additional special terms of said court in said district, for the disposal of the unfinished business thereof, whenever the interest of the public and the condition of the docket shall so require. Approved, August 8, 1888. CHAP. 789.—An act to subdivide the western judicial district of Louisiana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all processes from the circuit and district courts of the United States from the western district of Louisiana against defendants residing in the parishes of Saint Landry, Saint Martin, Cameron, Calcasieu, La Fayette, and Vermillion, in the State of Louisiana, shall be returned to said courts at Opelousas; all process against defendants residing in the parishes of Rapides, Vernon, Avoyelles, Catahoula, Grant, and Winn shall be returned to Alexandria; all processes against defendants residing in the parishes of Caddo, De Soto, Bossier, Webster, Claiborne, Bienville, Natchitoches, Red River, and Sabine, shall be returned to Shreveport; and all processes against defendants residing in the parishes of Ouachita, Franklin, Richland, Morehouse, East Carroll, West Carroll, Madison, Tensas, Concordia, Union, Caldwell, Jackson, and Lincoln shall be returned to Monroe. SEC. 2. That 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 duplicate writ or writs to the other defendants; and the said writs, when executed and returned into the court from which they issued, shall constitute one suit and be proceeded in accordingly. SEC. 3. That all causes triable in either of the courts of said western district shall be tried in the division to which the process is returnable under the provisions of this act, unless by consent of all parties the cause be removed to some other division of said district. SEC. 4. That all prosecutions for crimes or offenses hereafter committed in either of the divisions shall be cognizable within such division: Provided, That all crimes and offenses heretofore committed within the divisions created by this act shall be prosecuted, tried, and determined in the same manner and with the same effect as if this act had not been passed. SEC. 5. That all grand and petit jurors summoned for service in each division shall be residents of such division. SEC. 6. That a deputy clerk of the district court shall be appointed at each place in the four divisions of said western district where said court is required to be held, each of whom, in the absence of the clerk, may exercise all the official powers of clerk at the place and within the division for which he is appointed. SEC. 7. That causes removed from any court of the State of Louisiana into the circuit court of the United States within said western district shall be removed to the circuit court in the division in which such State court is held. Approved, August 8, 1888. CHAP. 790.-An act providing for the holding of the United States courts in the city of Newark, New Jersey. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That at each term States courts may be of the circuit and district courts of the United States to be holden in and for the district of New Jersey, it shall be lawful for the judge tried in Newark. R. S., secs. 572, 658, Proviso. or judges holding such term upon consent of both parties, or applica- Approved, August 8, 1888. Notice. Summons. CHAP. 791-An act to provide for the erection of a public building at Statesville, North Carolina. August 8, 1888. Public building. Estimates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Statesville, N. C. of the Treasury is hereby authorized and directed to purchase or otherwise provide a site, and cause to be erected thereon a substantial and commodious building, with fire-proof vaults, for the use and accommodation of the courts of the United States, post-office, and other 'offices for Government uses, at Statesville, North Carolina. The site, Site, plans, etc, and building thereon, when completed upon plans and specifications to be previously made and approved by the Secretary of the Treasury, shall not exceed in cost the sum of seventy-five thousand dollars; nor shall any site be purchased until estimates for the erection of a building which will furnish sufficient accommodations for the transaction of the public business, and which shall not exceed in cost the balance of the sum herein limited after the site shall have been purchased and paid for, shall have been approved by the Secretary of the Treasury; and no purchase of site, nor plan for said building, shall be approved by the Secretary of the Treasury involving an expenditure exceeding the said sum of seventy-five thousand dollars for site and building; and the site purchased shall leave the building unexposed to danger from fire by an open space of at least forty feet, including streets and alleys: Provided, That no part of said sum shall be expended until a valid title to the said site shall be vested in the United States, nor until the State of North Carolina shall cede to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein. Approved, August 8, 1888. Limit of cost. Proviso. Title, etc. CHAP. 792.-An act to provide for holding terms of the circuit and district courts of the United States for the district of Kentucky at Owensborough, in said district, and for other purposes. " August 8, 1888. United States court. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the territory Kentucky embraced within the following counties in said district, to wit: Daviess, Henderson, Union, Christian, Todd, Hopkins, Webster, McLean, Muhlenberg, Logan, Butler, Grayson, Ohio, Hancock, and Breckenridge, shall hereafter constitute and be known as the Owensborough Owensborough divisdivision of said district; and regular terms of the circuit and district Terms. courts of the United States for said district shall be held semi-annually in the city of Owensborough, in said division, beginning on the fourth Monday in January and the first Monday in June, and continuing at ion,constituted. pp. 99, 121. R. S., secs. 572, 658, each term for eighteen judicial days, if the business shall require it; and the judges of said courts shall have the same power to call special terms in said division as they may now do under the laws of the United States elsewhere in said district. Jurisdiction. Deputy clerk. Deputy marshal. Pending actions not affected. Court room. SEC. 2. That the said courts so sitting at Owensborough shall have and exercise the same jurisdiction, power, and authority in all civil actions, pleas, or proceedings, and in all prosecutions, informations, indictments, or other criminal or penal proceedings, conferred by general laws on the district and circuit courts of the United States; and where one or more defendants in any civil cause shall reside in said division, and one or more defendants to such cause shall reside out of said division but in said district, then the plaintiff may institute his action either in the court having jurisdiction over the latter or in the said division. SEC. 3. That in and for said division the clerk of the said district, at Louisville, shall appoint a deputy who shall reside at Owensborough, and in case of the death or removal of said deputy, or from other cause, it becomes necessary, he shall appoint a successor or successors to said deputy in like manner in all respects as by law he may now appoint and remove deputies; and he may require bond of said deputy to himself, with surety for the faithful discharge of his duties and for indemnity in case of breach, on which actions may be maintained in said district court; and said deputy shall keep and preserve the records of the court at Owensborough; issue all writs, precepts, and process, and perform all other duties devolved upon his principal. SEC. 4. That the marshal of said district shall, by himself or deputy, attend upon the terms of the court in said division; and he may appoint a deputy to reside at Owensborough (and shall do so if ordered by the court), who shall discharge all the duties of marshal; and the marshal may require a bond of indemnity to himself with surety for the faithful discharge of his duties and for indemnity in case of breach, on which actions may be maintained in said district Court. SEC. 5. That this act shall not affect the jurisdiction, power, and authority of the court as to actions, prosecutions, and proceedings already begun and pending in said district, but the same will proceed as though this act had not been passed, except that the court shall have power, which it may exercise at discretion, to transfer to the court in said division such of said pending actions, prosecutions, and proceedings as might properly be begun therein under the provisions of this act. SEC. 6. That until the public building of the United States at Owensborough, the erection whereof has been provided for by an act of the present session of Congress, shall have been completed, the courts herein provided for shall be held at the court-house of Daviess County, and the deputy clerk shall provide himself with an office at Owensborough, but in no event shall the United States be chargeable with rent or otherwise on account of either. Approved, August 8, 1888. August 8, 1888. Brownsville, Tex. CHAP. 793.—An act for the erection of a public building at Brownsville, Texas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to accept Site to be accepted. the donation of a site, and cause to be erected thereon a substantial and commodious building, with fire proof vaults, for the use and accommodation of the United States courts, custom-house, post-office, and for other Government offices and uses at Brownsville, in the State of Texas. The building, when completed upon plans and specifications to be previously made and approved by the Secretary of the Flans, etc. |