Persons connect- Provided further, That no person shall be eligible to or hold any ed with brewery, position or employment in the government or management of any dram-shop, &c., home who is interested in or connected with, directly or indirectly, ployed. any brewery, dram-shop, or distillery in the State where such home is located. not to be em clerks not to have &c. * Marshals and [Par. 8.] Hereafter no part of the appropriations made for the fees on warrants payment of fees for United States marshals or clerks shall be used to for arrest of per- pay the fees of United States marshals or clerks upon any writ or sons under recog- bench warrant for the arrest of any person or persons who may be nizance, except, indicted by any United States grand jury, or against whom an information may be filed, where such person or persons is or are under R. S., §§ 828, 829. a recognizance taken by or before any United States commissioner, or other officer authorized by law to take such recognizance, requiring the appearance of such person or persons before the court in which such indictment is found or information is filed, and when such recognizance has not been forfeited or said defendant is not in default, unless the court in which such indictment of information is pending orders a warrant to issue; Per diem fee to marshal only Nor shall any part of any money appropriated be used in payment attorney, clerk, or of a per diem compensation to any attorney, clerk, or marshal for when court is open attendance in court except for days when the court is open by the by the judge for Judge for business or business is actually transacted in court, and business or busi- when they attend under sections five hundred and eighty-three, five ness is transacted. hundred and eighty-four, six hundred and seventy-one, six hundred R. S., SS583,584, and seventy two, and two thousand and thirteen of the Revised Statutes, which fact shall be certified in the approval of their accounts. 671, 672, 824-829, 2013. [Par. 9.] That the Secretary of State, the Librarian of Congress, and the Secretary of the Smithsonian Institute, and their successors in office, are hereby constituted a commission whose duty it shall be to report to Congress the character and value of the historical and other manuscripts belonging to the Government of the United States, and what method and policy should be pursued in regard to editing and publishing the same, or any of them. [March 3, 1887.] * * March 3, 1887. 24 Stat. L., 556. Secretary of Interior to settle land grants to railroads. 1890,Sept. 29. ch. 1040, post, p. 808. Patents errone canceled. CHAP. 376.-—An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes. Be it enacted, &c., That the Secretary of the Interior be, and is hereby authorized and directed to immediately adjust, in accordance with the decisions of the Supreme Court, each of the railroad land grants made by Congress to aid in the construction of railroads and heretofore unadjusted. SEC. 2. That if it shall appear, upon the completion of such adously issued to be justments respectfully, or sooner, that lands have been, from any cause, heretofore erroneously certified or patented, by the United States, to or for the use or benefit of any company claiming by, through, or under grant from the United States, to aid in the construction of a railroad, it shall be the duty of the Secretary of the Interior to thereupon demand from such company a relinquishment or reconveyance to the United States of all such lands, whether within granted or indemnity limits; And if such company shall neglect or fail to so reconvey such lands to the United States within ninety days after the aforesaid demand shall have been made, it shall thereupon be the duty of the AttorneyGeneral to commence and prosecute in the proper courts the necessary proceedings to cancel all patents, certification, or other evidence of title heretofore issued for such lands, and to restore the title thereof to the United States. SEC. 3. That if, in the adjustment of said grants, it shall appear that the homestead or pre-emption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public land laws: Provided, That he has not located another claim or made an entry in lieu of the one so erroneously canceled: And provided also, That he did not voluntarily abandon said original entry: Application to be made in reasonable time or lands to be sold. chasers. And provided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior, then all such unclaimed lands shall be disposed of under the public land laws, with priority of right given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon. SEC. 4. That as to all lands, except those mentioned in the fore- Lands purchased going section, which have been so erroneously certified or patented from companies to as aforesaid, and which have been sold by the grantee company to be patented to purcitizens of the United States, or to persons who have declared their intention to become such citizens, the person or persons so purchasing in good faith, his heirs or assigns, shall be entitled to the land so purchased, upon making proof of the fact of such purchase at the proper land-office, within such time and under such rules as may be prescribed by the Secretary of the Interior, after the grants respectively shall have been adjusted; and patents of the United States shall issue therefor, and shall relate back to the date of the original certification or patenting, And the Secretary of the Interior, on behalf of the United States, Companies to pay shall demand payment from the company which has so disposed of purchase-money such lands of an amount equal to the Government price of similar to Secretary of Inlands; And in case of neglect or refusal of such company to make payment as hereafter specified, within ninety days after the demand shall have been made, the Attorney-General shall cause suit or suits to be brought against such company for the said amount: terior. pany. Provided, That nothing in this act shall prevent any purchaser of Recovery by purlands erroneously withdrawn, certified, or patented as aforesaid from chaser from comrecovering the purchase-money therefor from the grantee company, less the amount paid to the United States by such company as by this act required: And provided, That a mortgage or pledge of said lands by the company shall not be considered as a sale for the purpose of this act, nor shall this act be construed as a declaration of forfeiture of any portion of any land-grant for conditions broken, or as authorizing an entry for the same, or as a waiver of any rights that the United States may have on account of any breach of said conditions. Mortgage not considered a sale. 99 U. S., 48. Sales of lands on panies. SEC. 5. That where any said company shall have sold to citizens of the United States, or to persons who have declared their intention line of road not to become such citizens, as a part of its grant, lands not conveyed to conveyed to com or for the use of such company, said lands being the numbered sections prescribed in the grant, and being coterminous with the constructed parts of said road, and where the lands so sold are for any reason excepted from the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns: Provided, That all lands shall be excepted from the provisions of this section which at the date of such sales were in the bona fide occupation of adverse claimants under the pre-emption or homestead laws of the United States, and whose claims and occupation have not since Adverse claimants. 1879, March 3, ch. 191; July 1, ch. 60; ante, pp. been voluntarily abandoned, as to which excepted lands the said pre257, 271. emption and homestead claimants shall be permitted to perfect their proofs and entries and receive patents therefor: Not applicable Provided further, That this section shall not apply to lands settled to lands settled upon subsequent to the first day of December, eighteen hundred and since Dec. 1, 1882. eighty-two, by persons claiming to enter the same under the settlement laws of the United States, as to which lands the parties claiming the same as aforesaid shall be entitled to prove up and enter as in other like cases. Purchaser of lands sold for taxes to have prior right to purchase. - if no prior right of settler. Limitation of to be conveyed. SEC. 6. That where any such lands have been sold and conveyed, as the property of any railroad company, for the State and county taxes thereon, and the grant to such company has been thereafter forfeited, the purchaser thereof shall have the prior right, which shall continue for one year from the approval of this act, and no longer, to purchase such lands from the United States at the Government price, and patents for such lands shall thereupon issue. Provided, That said lands were not, previous to or at the time of the taking effect of such grant, in the possession of or subject to the right of any actual settler. SEC. 7. That no more lands shall be certified or conveyed to any quantity of lands State or to any corporation or individual, for the benefit of either of the companies herein mentioned, where it shall appear to the Secretary of the Interior that such transfers may create an excess over the quantity of lands to which such State corporation or individual would be rightfully entitled. [March 3, 1887.] CHAP. 378.-An act to amend sections five thousand one hundred and ninety-one and five thousand one hundred and ninety-two of the Revised Statutes of the United States, and for other purposes. Be it enacted, &c., That whenever three-fourths in number of the national banks located in any city of the United States having a population of fifty thousand people shall make application to the Comptroller of the Currency, in writing, asking that the name of the city in which such banks are located shall be added to the cities named in sections, fifty-one hundred and ninety-one and fifty-one hundred and ninety-two of the Revised Statutes, the Comptroller shall have authority to grant such request, and every bank located in such city shall at all times thereafter have on hand, in lawful money of the United States, an amount equal to at least twenty-five per centum of its deposits, as provided in sections fifty-one hundred and ninety-one and fifty-one hundred and ninety-five of the Revised Statutes. SEC. 2. That whenever three-fourths in number of the national banks located in any city of the United States having a population of two hundred thousand people shall make application to the Comptroller of the Currency, in writing, asking that such city may be a central reserve city, like the city of New York, in which one-half of the lawful-money reserve of the national banks located in other reserve cities may be deposited, as provided in section fifty-one hundred and ninety-five of the Revised Statutes, the Comptroller shall have authority, with the approval of the Secretary of the Treasury, to grant such request, and every bank located in such city shall at all times thereafter have on hand, in lawful money of the United States, twenty-five per centum of its deposits, as provided in section fifty-one hundred and ninety-one of the Revised Statutes. SEC. 3. That section three of the act of January fourteenth, eighteen hundred and seventy-five, entitled "An act to provide for the resumption of specie payments, be, and the same is, hereby amended by adding after the words "New York" the words "and the city of San Francisco, California," [March 3, 1887.] CHAP. 388.-An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and eighty-eight. * March 3, 1887. 24 Stat. L., 569. Mail-collection boxes not to be placed in private Be it enacted, &c., * That no boxes for the collection of mailmatter by carriers shall be placed inside of any building except a public building, or a building which is freely open to the public buildings. during business hours, or a railroad station. * * [March 3, 1887.] R. S., § 3868. CHAP. 390.- An act to regulate the construction and operation of elevators within the District of Columbia, and for other purposes. Be it enacted, &c., That the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to make and publish such orders as may be necessary to regulate the construction, repair, and operation of all elevators within the District of Columbia, and prescribe such means of security as may be found necessary to protect life and limb. 194, § 1, ante, p. 181. 1887, Jan. 26, SEC. 2. That any person or persons, or corporation, who shall neglect or refuse to comply with the orders made pursuant to this act, shall, upon conviction thereof in the police court of the District of Columbia, on information filed in the name of the District of Columbia, be fined not less than ten dollars nor more than one hundred dollars for each offense. [March 3, 1887.] CHAP. 392.-An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-eight, and for other purposes. March 3, 1887. 24 Stat. L., 594. vertising. Be it enacted, &c., * * [Par. 1.] And hereafter all purchases Purchases of of coal and wood for the Senate and House of Representatives of the fuel for Congress United States shall be made by advertising once a week for at least to be made by adfour weeks, in three of the principal papers published in the District R. S., $$ 3709of Columbia, for sealed proposals for supplying the same; and the 3713. contract shall be given to the lowest bidder, provided he shall give satisfactory security to perform the same, under a forfeiture not exceeding double the contract-price in case of failure. When immediate delivery is required by the public exigency, such may be in open supplies may be procured by purchase in open market, at the places market when reand in the manner in which such supplies are usually bought and quired immedi sold. ately. Contracts and Purchases of stationery and materials for folding shall be made Purchase of stain accordance with sections, sixty-five, sixty six, sixty-seven, sixty- tionery, &c. eight, and sixty-nine, of the Revised Statutes of the United States: R. S., § 65-69. Provided further, That all contracts and bonds for purchases made under the authority of this act shall be filed with the Com- bonds to be filed. mittee to Audit and Control the Contingent Expenses of the Senate 1069, par. 8, post, 1888, Oct. 2, ch. or the Committee on Accounts of the House of Representatives respectively. [Par. 2.] The employees of the Bureau of Engraving and Print- Bureau of Ening, including piece-workers, shall be allowed leave of absence, with graving, pay, not exceeding fifteen days in any one year, at such time as the absence to Printing; leave of Chief of the Bureau may designate. * *March 3, 1887.] ployees. 1883, March 3, ch. 128, § 4, and note, ante, p. 410. * * p. 627. and em CHAP. 396.-An act for the retirement and recoinage of the trade dollar. (1) Be it enacted, &c. [Secs. 1, 2, temporary and executed.] SEC. 3. That all laws and parts of laws authorizing the coinage and issuance of United States trade-dollars are hereby repealed. [Became a law March 3, 1887, without the President's approval.] NOTE.-(1) For acts on silver coinage, see note to 1890, July 14, ch. 708, post, p. 774. March 3, 1887. 24 Stat. L., 635. In prosecutions may testify. CHAP. 397.-An act to amend an act entitled "An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes," approved March twenty-second, eighteen hundred and eighty-two. Be it enacted, &c., That in any proceeding or examination before for bigamy, &c.; a grand jury, a judge, justice, or a United States commissioner, or a husband or wife court, in any prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United States, the lawful husband or wife of the person accused shall be a competent witness, and may be called, but shall not be compelled to testify in such proceeding, examination, or prosecution without the consent of the husband or wife, as the case may be; R. S., § 5352. 1882, March 3, ch. 47, ante, p. 331. -but not to con And such witness shall not be permitted to testify as to any statefidential commu- ment or communication made by either husband or wife to each other, during the existence of the marriage relation, deemed confidential at common law. nications. Attachment to appear. SEC. 2. That in any prosecution for bigamy, polygamy, or unlawwhen it is believed ful cohabitation, under any statute of the United States, whether witness will fail before a United States commissioner, justice, judge, a grand jury, or any court, an attachment for any witness may be issued by the court, judge, or commissioner, without a previous subpoena, compelling the immediate attendance of such witness, when it shall appear by oath or affirmation, to the commissioner, justice, judge, or court, as the case may be, that there is reasonable ground to believe that such witness will unlawfully fail to obey a subpoena issued and served in the usual course in such cases; and in such case the usual witness-fee shall be paid to such witness so attached: Provided, That the person so attached may at any time secure his recognize for ap- or her discharge from custody by executing a recognizance with sufficient surety, conditioned for the appearance of such person at the proper time, as a witness in the cause or proceeding wherein the attachment may be issued. Witness may pearance. Punishment for adultery. -for incest. -for fornication. SEC. 3. That whoever commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years; and when the act is committed between a married woman and a man who is unmarried, both parties to such act shall be deemed guilty of adultery; and when such act is committed between a married man and a woman who is unmarried, the man shall be deemed guilty of adultery. SEC. 4. That if any person related to another person within and not including the fourth degree of consanguinity computed according to the rules of the civil law, shall marry or cohabit with, or have sexual intercourse with such other so related person, knowing her or him to be within said degree of relationship, the person so offending shall be deemed guilty of incest, and, on conviction thereof, shall be punished by imprisonment in the penitentiary not less than three years and not more than fifteen years. SEC. 5. That if an unmarried man or woman commit fornication, 6 Mackey,(D. C.) each of them shall be punished by imprisonment not exceeding six months, or by fine not exceeding one hundred dollars. 319. Prosecutions for SEC. 6. That all laws of the legislative assembly of the Territory adultery may be of Utah which provide that prosecutions for adultery can only be commenced as for commenced on the complaint of the husband or wife are hereby dis other crin.es, &c. |