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Receivers to manage property according to State laws.

interest and costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit if the court require it, that he or they claim and shall rely upon a right or title to the land under a grant from a State, and produce the original grant, or an exemplification of it, except where the loss of public records shall put it out of his or their power, and shall move that any one or more of the adverse party inform the court whether he or they claim a right or title to the land under a grant from some other State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant or give it in evidence upon the trial; and if he or they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond, as herein before mentioned in this act, remove the cause for trial to the circuit court of the United States next to be holden in such district; and any one of either party removing the cause shall not be allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim "

SEC. 2. That whenever in any cause pending in any court of the United States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the State in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in posPunishment for vio- session thereof. Any receiver or manager who shall willfully violate the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding three thousand dollars, or by imprisoninent not exceeding one year, or by both said punishments, in the discretion of the court.

lation.

ers.

Suits against receiv

National banks deemed citizens of the States.

Not to apply to suits by the Government.

Civil rights jurisdiction not affected.

R. S., secs. 641-643, pp. 115, 116: 722, p.

187. Title XXIV, p.
347.

Vol. 18, p. 472.
Vol. 18, p. 336.

Inconsistent laws re

pealed.
Vol. 18. p. 472.

R. S., sec. 640.

SEC. 3. That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.

SEC. 4. That all national banking associations established under the laws of the United States shall, for the purposes of all actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively located; and in such cases the circuit and district courts shall not have jurisdiction other than such as they would have in cases between individual citizens of the same State.

The provisions of this section shall not be held to affect the jurisdiction of the courts of the United States in cases commenced by the United States or by direction of any officer thereof, or cases for winding up the affairs of any such bank.

SEC. 5. That nothing in this act shall be held, deemed, or construed to repeal or affect any jurisdiction or right mentioned either in sections six hundred and forty-one, or in six hundred and forty-two, or in six hundred and forty-three, or in seven hundred and twenty-two, or in title twenty-four of the Revised Statutes of the United States, or mentioned in section eight of the act of Congress of which this act is an amendment, or in the act of Congress approved March first, eighteen hundred and seventy-five, entitled "An act to protect all citizens in their civil and legal rights."

SEC. 6. That the last paragraph of section five of the act of Congress approved March third, eighteen hundred and seventy-five, entitled An act to determine the jurisdiction of circuit courts of the United States and to regulate the removal of causes from State courts, and for other purposes," and section six hundred and forty of the

Proviso.

affected.

Revised Statutes, and all laws and parts of laws in conflict with the provisions of this act, be, and the same are hereby repealed: Provided, That this act shall not affect the jurisdiction over. or disposition of Pending suits not any suit removed from the court of any State, or suit commenced in any court of the United States, before the passage hereof except as otherwise expressly provided in this act.

No relative of judge to be appointed officer

SEC. 7. That no person related to any justice or judge of any court of the United States by affinity or consanguinity within the degree of his court. of first cousin shall hereafter be appointed by such court or judge to, or employed by such court or judge in, any office or duty in any court of which such justice or judge may be a member.

Approved, August 13, 1888.

CHAP. 867.-An act to provide for the erection of a public building at Charlotte, North Carolina.

August 18, 1888.

Charlotte, N. C.
Public building.

Plans, etc.

Cost.

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 cause to be erected on a lot in the city of Charlotte, North Carolina, known as the Mint Lot and belonging to the Government, a substantial and commodious building, with fire-proof vaults, for the use and accommodation of the United States circuit and district courts, post-office, revenue office, and for other Government uses at Charlotte, North Carolina. The building on said site, 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 eighty-five thousand dollars; and no plan for said building shall be approved by the Secretary of the Treasury involving an expenditure exceeding the said sum of eighty-five thousand dollars for said building; and the site of said building 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 found to be vested in the United Title, etc. 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 13, 1888.

CHAP. 868.-An act to extend the provisions of "An act to provide for the muster and pay of certain officers and enlisted men of the volunteer forces," and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of "An act to provide for the muster and pay of certain officers and enlisted men of the volunteer forces," approved June fourth, eighteen hundred and eighty-four, as amended by the act approved February third, eighteen hundred and eighty-seven, be, and the same, are hereby, revived and extended for a period of five years from the third day of June, eighteen hundred and eighty-seven."

Proviso.

August 13, 1888.

Date of muster of cers and enlisted men. Vol. 3. p. 34

certain volunteer off

Vol. 24, p. 377.

Time for filing claims extended.

Horse, etc., claims.
Time for filing ex

SEC. 2. That the limitation heretofore imposed by law on the presentation by officers or soldiers of claims for the loss of horses and tended. equipments in the military services, during the late war is hereby suspended for the period of three years.

Approved, August 13, 1888.

August 13, 1888.

Louisiana.

Eastern judicial district.

CHAP. 869.-An act to subdivide the eastern judicial district of Louisiana, and to fix the time and place for holding terms of court therein.

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 for the eastern district of Louisiana Return of process. against defendants residing in the parishes of Pointe Coupee, West Baton Rouge, Iberville, Ascension, East Feliciana, West Feliciana, East Baton Rouge, Saint Helena, and Livingston, shall be returned to said courts at Baton Rouge, Louisiana, and all processes against defendants residing in the other parishes of the eastern district of Louisiana shall be returned to New Orleans.

Terms at New Orleans and Baton Rouge.

pp. 99, 121.

Defendants residing

in different divisions.

Trials.

Criminal prosecutions.

Proviso.
Pending actions.

Jurors.

Deputy clerks.

Removal of causes from State courts.

SEC. 2. That the terms of court shall be held at New Orleans as now fixed by law. Terms of circuit and district courts shall be held at Baton Rouge semi-annually on the second Mondays of April and November.

SEC. 3. 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. 4. That all causes triable in either of the courts of said eastern 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. 5. That all prosecutions for crimes or offenses hereafter committed in either division 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. 6. That all grand and petit jurors summoned for service in each division shall be residents of such division.

SEC. 7. That a deputy clerk of the district court shall be appointed at each place in the two divisions of said eastern 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. 8. That causes removed from any court of the State of Louisiana in the circuit court of the United States within said eastern district shall be removed to the circuit court in the division in which such State court is held.

Approved, August 13, 1888.

August 13, 1888.

Kentucky Rock Gas

Company.

May lay pipes across

Ohio and Salt Rivers.

Proviso.

Not to obstruct navigation.

CHAP. 870.-An act to authorize the Kentucky Rock Gas Company to lay conduit pipes across the Ohio and Salt Rivers

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress is hereby given to the Kentucky Rock Gas Company to lay pipes for conducting natural gas, petroleum, or salt water across the Ohio River and Salt River, at such points as may be deemed necessary, between the lower boundary of Bradenburgh, in Meade County, Kentucky, and the upper boundary of Louisville, in Jefferson County, Kentucky: Provided, That said pipes be laid upon or beneath the bed of the river and in such manner as not to interfere with navigation, and under the supervision of the Secretary of War.

Approved, August 13, 1888.

CHAP. 871.—An act to protect purchasers of lands lying in the vicinity of Denver, Colorado, heretofore withdrawn by the Executive Department of the Government as lying within the limits of certain railroad grants, and afterward held to lie without such limits

August 13, 1889.

Public lands. Purchasers of lands Denver may enter at

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as to all lands lying in the vicinity of Denver, in the State of Colorado, heretofore from railroads near withdrawn by the Executive Department of the Government for the homestead rates. use or benefit of the Union Pacific Railway Company, eastern division, and the Denver Pacific Railway and Telegraph Company, or their or either of their successors, under the construction heretofore, placed by the Executive Department of the Government upon the act of Congress entitled "An act to authorize the transfer of lands granted Vol. 15, p. 324. to the Union Pacific Railway Company, eastern division, between Denver and the point of its connection with the Union Pacific Railroad, to the Denver Pacific Railway and Telegraph Company, and to expedite the completion of railroads to Denver, in the Territory of Colorado," approved March third, eighteen hundred and sixty-nine, construing the grant in said act mentioned to be one continuous grant west of Fort Riley, in Kansas, through Denver, Colorado, to Cheyenne, Wyoming Territory, and which lands have been sold by said companies, or either of them, or their or either of their successors prior to December ninth, eighteen hundred and eighty-seven, to citizens of the United States, or to persons who have declared their intention to become such citizens, the holder of the title under such purchase from the railroad company, unless he be a director or other officer of the Union Pacific Railway Company, may, upon making proof of such purchase at the proper land office, and the further proof of the time of his or, if he claim by inheritance, his ancestor's purchase, that he or his ancestor relied in good faith upon the validity of the title of such railroad companies, and that such purchase was made for a valuable consideration, enter and pay for said lands at the ordinary Government price for like lands, and patents shall issue therefor to the holder of such title and inure to the benefit of the original purchaser and all claiming under him: Provided, That nothing herein shall be held to dispossess or determine the rights of parties who may hold adversely to each other under purchase from the railroad company: And provided further, That a mortgage or pledge to secure the payment of money shall not be considered a purchase under the provisions of this act.

Approved, August 13, 1888.

Provisos.
Adverse claimants.

Mortgages.

CHAP. 872.-Ar act to authorize the Baltimore and Potomac Railroad Company to extend a side track into square number ten hundred and twenty-five, in the city of Washington.

August 13, 1888.

mac Railroad Com

ington, D. C

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Baltimore Baltimore and Potoand Potomac Railroad Company is hereby granted permission to ex- pany may lay track tend a side track from the main line of its track, in the city of Wash- into square 1025, Washington, into square number ten hundred and twenty-five, between Twelfth and Thirteenth streets and M and N streets southeast, under such conditions and regulations as may be imposed by the Commissioners of the District of Columbia for the protection of the public in the use of streets affected and otherwise.

SEC. 2. The right of Congress to amend, alter or repeal the fran- Amendment. chises herein granted are hereby expressly reserved.

Approved, August 13, 1888.

August 13, 1888.

western Railway Com

na, Minn.

Tolls.

Construction.

Provisos.

Draw.

CHAP. 873.-An act to authorize the Winona and Southwestern Railway Company to build a bridge across the Mississippi River at Winona, Minnesota.

Be it enacted by the Senate and House of Representatives of the Winona and South- United States of America in Congress assembled, That the Winona pany may bridge Mis- and Southwestern Railway Company, a corporation duly created sissippi River at Wino- and existing under the laws of the State of Minnesota, its successors or assigns, be, and they are hereby, authorized to construct and maintain a bridge, and approaches thereto over the Mississippi River, from any point within the present city limits of the city of Winona, in the State of Minnesota, to the opposite shore of said Railway, wagon, and river, in the State of Wisconsin. Said bridge shall be constructed foot bridge. to provide for the passage of railway trains, and at the option of said corporation, its successors and assigns may be so constructed, to provide for and be used also for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers, for such reasonable rates or tolls, to be fixed by said company, its successors or assigns; and the Secretary of War shall have the right, from time to time, to revise, prescribe, and determine such rates of toll. SEC. 2. That any bridge built under the provisions of this act may, at the option of the company building the same, be built as a drawbridge or with unbroken continuous spans: Provided, That if said bridge shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible and navigable point, and with spans giving a clear width of water-way of not less than two hundred feet on each side of the central or pivot-pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of water-way of not less than three hundred and fifty feet; and every part of the superstructure shall give a clear headroom of not less than ten feet above extreme highwater-mark: Provided, Location of spans. That all spans shall be so located as to afford the greatest possible accommodation to the river traffic, and a draw shall, if practicable, be located next or near shore: Provided also, That in case of a low bridge if the physical characteristics of the locality so require and the interests of navigation be not injured thereby, the length of the fixed spans or the number of draw openings may be reduced: Provided also, That for any two adjacent draw-openings of two hundred feet each, one draw-opening of three hundred feet may be substituted if the interests of navigation be not injured thereby; and not less than ten feet above extreme high water mark, and the piers of said bridge shall be parallel with the current of the river where said bridge shall be erected: And provided also, That said draw shall be opened promptly upon reasonable signal for the passage of boats, except when trains are passing over the draw, but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains: And provided further, That if any bridge built under the provisions of this act shall be constructed with unbroken continuous spans, it shall have one or more channel spans, each having not less than three hundred and fifty feet clear channelway, and not less than fifty-five feet clear head room above high water mark, and the clear head room under other than channel spans may be less than fifty-five feet: Provided, That no part of the superstructure of such spans shall give a less head room than ten feet above high water mark: And provided further, That the interests of navigation be not injured by such reduction in height; and the piers of said bridge shall be parallel with the current of the said river, and the main span shall be over the main channel of said river, and give a clear width of water-way of not less than three hundred and fifty feet.

Low bridge.

Draw-openings.

Opening draw.

Spans.

Height.

Free navigation.

Railroad tracks.

SEC. 3. That the company constructing a bridge under the provisions of this act be, and they are hereby, authorized to lay on or

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