CHAPTER 25. March 8, 1878. 20 Stat. L., 26. In case of vacan AN ACT TO AMEND SECTION FOUR THOUSAND SEVEN HUNDRED AND SEVENTY-EIGHT In case of vacancy in office of pension agent during session of Senate, President may designate officer to perform duties temporarily, &c. Be it enacted, &c., That whenever during a session of the Senate a cy in office of pen- vacancy shall occur in the office of Pension Agent, by reason of resigsion agent during session of Senate nation, death, removal or expiration of the term of office, or where any President may des- such agent lawfully appointed shall have failed to qualify and assume ignate officer to the duties of such office, the President may when the public exigency perform duties requires it, designate any officer of the United States to perform the temporarily, &c. R. S., 1769, duties of such office, but such designation shall not be for a longer time than twenty days, 4778. And such officer so designated shall give bonds if required by the President for the faithful discharge of the said duties, and the Secretary of the Interior shall allow in the settlement of the accounts of such officer, the necessary expenses incurred by him in the discharge of his duties under this act. The foregoing provisions shall apply to any vacancy now existing. [March 8, 1878.] March 9, 1878. 20 Stat. L., 27. Revised Stat CHAPTER 26. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE PREPARATION Be it enacted, &c., That an act entitled "An act to provide for the utes; second edi- preparation and publication of a new edition of the Revised Statutes of tion to be evidence, the United States", approved March second, eighteen hundred and but not to control acts passed since seventy-seven, be, and the same is hereby, amended as follows, to wit: Dec. 1, 1873. By striking out from the ninth and tenth lines of section four as pubR. S., § 5595, lished in the nineteenth volume of the Statutes at Large, the words "and conclusive"; and, in the tenth line, the words "and treaties"; 1874, June 20, ch. 333. and, by inserting after the word "Territories" at the end of the eleventh 1877, March 2, line, the following words, to wit: "but shall not preclude reference to, ch. 82. nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three." [March 9, 1878.] 5601. March 9, 1878. 20 Stat. L., 27. CHAPTER 27. AN ACT CHANGING THE TIMES OF HOLDING TERMS OF THE DISTRICT COURT FOR THE District court of West Virginia; when to be held. District court of Be it enacted, &c., That hereafter the district court of the United West Virginia; States for the district of West Virginia shall be held at the times and R. S., § 572, 24 places following; but when any of said dates shall fall on Sunday the ed., p. 101. term shall commence the following Monday, to wit: when to be held. At the city of Wheeling, on the first day of March and the first day of September; At Clarksburg, on the first day of April and the first day of October; At Charleston, on the first day of May and the first day of November. And all pending process, rules, and proceedings shall be conducted in the same manner and with the same effect as to time as if this act had not passed. [March 9, 1878.] CHAPTER 28. AN ACT AMENDING THE LAWS GRANTING PENSIONS TO THE SOLDIERS AND SAILORS March 9, 1878. 20 Stat. L., 27. [SECTION 1], That the Secretary of the Interior be, and he is hereby, War of 1812; authorized and directed to place on the pension rolls the names of the soldiers and sailors surviving officers and enlisted and drafted men, without regard to color, of, to be placed on pension-rolls. including militia and volunteers, of the military and naval service of R. S., 4732the United States, who served for fourteen days in the war with Great 4738. Britain of eighteen hundred and twelve, or who were in any engage- 16 Opin. Att'yment, and were honorably discharged, and the surviving widows of such Gen., 134. officers and enlisted and drafted men. SEC. 2. That this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. Persons excluded. Rate and term Pensions under this act shall be at the rate of eight dollars per month, except as herein provided, and shall be paid to the persons of pension. entitled thereto, from and after the passage of this act, for and during their natural lives: Provided, That the pensions to widows provided for in this act shall cease when they shall marry again. Widows. Proof, and pen SEC. 3. That before the name of any person shall be placed upon the pension-rolls under this act, proof shall be made, under such rules and alty for false oath. regulations as the Commissioner of Pensions, with the approval of the Secretary of the Interior, shall prescribe, that the applicant is entitled to a pension under this act; And any person who shall falsely take any oath required to be taken under the provisions of this act shall be guilty of perjury; Rolls may be cor And the Secretary of the Interior shall cause to be stricken from the rolls the name of any person, when it shall appear, by proof satisfactory rected, &c. to him, that such name was put on said rolls by or through false or fraudulent representations, or by mistake as to the right of such person to a pension under this act. Certificate of discharge and record The loss or lack of a certificate of discharge shall not deprive the applicant of the benefit of this act, but other proof of the service per- evidence not necformed and of an honorable discharge, if satisfactory, shall be deemed evidence not necsufficient; and when there is no record evidence of such service and such discharge, the applicant may establish the same by other satisfactory testimony: essary. Grant of land Provided, That when any person has been granted a land-warrant under any act of Congress for and on account of service in the said warrant prima war of eighteen hundred and twelve, such grant shall be prima-facie facie evidence. evidence of his service and honorable discharge, so as to entitle him, if living, or his widow, if he be dead, to a pension under this act; but such evidence shall not be conclusive, and may be rebutted by evidence that such land-warrant was improperly granted. SEC. 4. That all applications for pensions of the classes provided for in this act heretofore or which may hereafter be made shall be considered and decided as though made under this act; What applications to be consid ered under this act. R. S., § 4692 And all laws now in force in regard to the manner of paying pensions, 4791. who were stricken from rolls on ac ion. and in reference to the punishment of frauds, shall be applicable to all claims under the provisions of this act. Restoration of SEC. 5. That the Secretary of the Interior be, and he is hereby, authorcertain pensioners ized and directed to restore to the pension-rolls the names of all persons now surviving heretofore pensioned on account of service in the war of count of the rebell- eighteen hundred and twelve against Great Britain, or for service in any of the Indian wars, and whose names were stricken from the rolls in pursuance of the act entitled "An act authorizing the Secretary of the Interior to strike from the pension-rolls the names of such persons as have taken up arms against the government, or who have in any manner encouraged the rebels," approved February fourth, eighteen hundred and sixty-two; 1862, ch. 18 (12 Stat. L., 337). 1867, Res. No. 46 (14 Stat. L., 571). R. S., § 3480, 4716. 1877, March 3, ch. 120. And that the joint resolution (1) entitled "Joint resolution prohibiting payment by any officer of the government to any person not known to have been opposed to the rebellion and in favor of its suppression," approved March second, eighteen hundred and sixty-seven, and section four thousand seven hundred and sixteen of the Revised Statutes of the United States, shall not apply to the persons provided for by this act: without pay Provided, That no money shall be paid to any one on account of penduring suspension. sions for the time during which his name remained stricken from the rolls. Pension given to SEC. 6. That the surviving widow of any pensioner of the war of eightwidows and or- een hundred and twelve where the name of said pensioner was stricken phans of those who from the pension-rolls in pursuance of the act entitled "An act authorwere so stricken off and died before izing the Secretary of the Interior to strike from the pension-rolls the names of such persons as have taken up arms against the government, 1862, ch. 18 (12 or who have in any manner encouraged the rebels," approved February Stat. L., 337). R. S., $ 3480, fourth, eighteen hundred and sixty-two, and where, under the existing provisions of law, said pensioner died without his name being restored to the rolls, shall be entitled to make claim for a pension as such widow after the passage of this act: restoration. 4716. Repeal. Provided, That no such arrearages shall be paid for any period prior to the time of the removal of the disability of the pensioner, as provided in section five: And provided further, That under this act any widow of a Revolutionary soldier who served fourteen days or was in any engagement shall be placed upon the pension-rolls of the United States, and receive a pension at the rate of eight dollars per month. SEC. 7. That all laws and clauses of laws in conflict with this act be, and they are hereby, repealed. [March 9, 1878.] NOTE. (1) The joint resolution here referred to of 18C7, No. 46 (14 Stat. L., 571), is incorporated into March 13, 1878. 20 Stat. L., 29. Railroad and CHAPTER 32. AN ACT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS THE MISSOURI SECTION 1. Railroad and wagon bridge may be built over 2. Post-route; rate payable by United States. 3. How to be constructed. -as a draw-bridge. Opening of draw; signals. Obstruction of navigation prohibited, &c. Be it enacted, &c. SECTIO N Laws for protection of navigation of river not modified. 4. All railroad companies to have equal use of bridge. 5. Regulations by Secretary of War. 6. Act may be altered, &c. [SECTION 1], That any corporation existing, or which may be organwagon bridge may ized, under the laws of the State of Missouri, be, and is hereby, authorbe built over Mis- ized to construct and maintain a bridge, and approaches thereto, over souri River at Glas- the Missouri River, at or near Glasgow, in the county of Howard, in gow, Mo. Said bridge shall be constructed to provide for the passage of rail way-trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers. Post-route; rate States. SEC. 2. That any bridge built under this act, and subject to its limitations, shall be a lawful structure, and shall be recognized and known as payable by United a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; And it shall enjoy the rights and privileges of other post-roads in the United States. SEC. 3. That if said bridge shall be made with unbroken and continu- How to be conous spans, the spans thereof shall not be less than three hundred feet in structed. length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high water mark as understood at the point of location, and the bridge shall be at right angles to, and its piers parallel with, the current of the river: Provided, That if the same shall be constructed as a draw-bridge, the -a8 a drawdraw or pivot shall be over the main channel of the river at an accessi- bridge. ble navigable point, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Opening of Provided also, That said draw shall be opened promptly, upon reasonable signal, for the passing of boats; and said company or corporation draw; signals. shall maintain at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe. Obstruction of No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation prohibnavigation of said river; and if any bridge erected under such authority ited, &c. shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Missouri, in which any portion of said obstruction or bridge may be located: Laws for protecof rivers not modition of navigation fied. Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. SEC. 4. That all railroad companies desiring the use of said bridge All railroad comshall have and be entitled to equal rights and privileges relative to the panics to have passage of railway-trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; And in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegations and proofs of the parties. equal use of bridge. Regulations by SEC. 5. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the Secretary of War. security of navigation of said river as the Secretary of War shall pre scribe; and, to secure that object, the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; And until the said plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. Act may be al- SEC. 6. That the right to alter, amend, or repeal this act is hereby extered, &c. pressly reserved. [March 13, 1878.] CHAPTER 34. March 15, 1878. 20 Stat. L., 30. Restrictions upon taking guano THOUSAND FIVE AN ACT FURTHER TO SUSPEND THE OPERATIONS OF SECTION FIVE Restriction upon taking guano from islands suspended until March 15, 1883. Be it enacted, &c., That section five thousand five hundred and seventyfrom islands sus- four, title seventy-two, of the Revised Statutes of the United States, be, pended until and the same is hereby, further suspended, as therein set forth, for the March 15, 1883. period of five years next from and after the passage of this act. [March R. S., § 5574. 15, 1878.] CHAPTER 37. March 16, 1878. 20 Stat. L., 30. Defendants in criminal cases may be witnesses, &c. R. S., $858, 1342, 1624. April 8, 1878. 20 Stat. L., 35. Judicial districts in Missouri; sub stitute for R. S., § 540. - eastern. western. 1879, Jan. 21, ch. 20. AN ACT TO MAKE PERSONS CHARGED WITH CRIMES AND OFFENCES COMPETENT WIT- Defendants in criminal cases may be witnesses, &c. Be it enacted, &c., That in the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offences, and misdemeanors, in the United States courts, Territorial courts, and courts-martial, and courts of inquiry, in any State or Territory, including the District of Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him. [March 16, 1878.] CHAPTER 51. AN ACT TO AMEND SECTION FIVE HUNDRED AND FORTY, CHAPTER ONE, TITLE THIR- Judicial districts in Missouri; eastern and western. Be it enacted, &c., That section five hundred and forty, of chapter one and title thirteen of the Revised Statutes, be amended to read as follows: "SEC. 540. The State of Missouri is divided into two districts, which shall be called the eastern and the western district of Missouri. The eastern district includes the counties of Schuyler, Adair, Knox, Shelby, Monroe, Pike, Montgomery, Gasconade, Franklin, Washington, Reynolds, Shannon, and Oregon, as they existed January first, eighteen hundred and fifty-seven, with all the counties east of them. The western district includes the residue of said State. [April 8, 1878.] |