and fifty-one, entitled "An act to ascertain and settle private-land claims in the State of California." SEC. 3. That the United States surveyor-general for California is hereby directed, upon the filing in his office by said claimants of a certified copy of a final decree of confirmation, under the provisions of this act, to cause said claim to be surveyed as 'other claims of like nature are now surveyed under existing laws; And upon the approval of said survey by the Commissioner of the General Land Office a patent shall issue to said claimants in the usual form. [June 19, 1878.] SECTION CHAPTER 321. AN ACT REGULATING EXEMPTIONS IN THE DISTRICT OF COLUMBIA. 1. Earnings, not exceeding $100, of residents of District of Columbia exempt from levy, execution, &c. Be it enacted, &c. SECTION June 19, 1878. 20 Stat. L., 173. residents of Dis [SECTION 1], That the earnings, not to exceed one hundred dollars Earnings, not each month of all actual residents of the District of Columbia, and who exceeding $100, of are married persons, or who have to provide for the support of a family trict of Columbia in said District, for two months next preceding the issuing of any writ exempt from levy, or process from any court or justice of the peace, or other officer of and execution, &c. in said District, against them, shall be exempt from attachment, levy, seizure, or sale upon such process; And the same shall not be seized, levied on, taken, reached, or sold by attachment, execution, or any other process, or proceedings of any court, judge, justice of the peace, or other officer of and in said District; Provided, That this act and nothing herein contained shall apply, or in any manner affect any existing debt, contract, note, or judgment. SEC. 2. That all acts or parts of acts inconsistent with the provisions Repeal. of this act be, and they are hereby, repealed. [June 19, 1878.] CHAPTER 322. AN ACT TO PROVIDE FOR THE HOLDING OF TERMS OF THE DISTRICT AND CIRCUIT June 19, 1878. 20 Stat. L., 173. Be it enacted &c., That additional terms of the district and circuit Circuit and discourts of the United States for the western district of North Carolina trict courts to be held at Charlotte, shall hereafter be held in the city of Charlotte, in said State, and that N.C. said terms shall commence respectively on the second Monday of June R. S., §§ 572, 658. and the second Monday of December in each and every year and shall continue until the business is disposed of. That this act take effect from and after its passage. [June 19, 1878.] CHAPTER 323. AN ACT TO CREATE A REVENUE IN THE DISTRICT OF COLUMBIA BY LEVYING A TAX June 19, 1878. 20 Stat. L., 173. In District of Be it enacted, &c. [SECTION 1], That there shall be levied a tax of two dollars each per Columbia; tax on annum upon all dogs owned or kept in the District of Columbia; said dogs. tax to be collected as other taxes in said District are or may be collected. SEC. 2. It shall be the duty of the collector of taxes, upon receipt of said tax, to give to the person paying the same, for each dog so paid for, a suitable metallic tag, stamped with the year, showing that said tax has been duly paid; Tax-tags. Record. Evidence of payment. Dogs without tags to be seized, &c. See page 577. Dogs with tags And he shall keep a record of all such payments, with the date thereof, and the name, color, and sex of such dog, and the name of the person claiming any dog so paid for; And a copy of such record, certified under the hand and official seal of the said collector, which shall be given to any person demanding the same, upon payment of twenty-five cents therefor, shall be prima-facie evidence of such payment in any court of the District of Columbia. SEC. 3. The poundmaster of the District of Columbia shall, during the entire year, seize all dogs found running at large without the taxtag, issued by the collector aforesaid, attached, and shall impound the same; And if, within forty-eight hours, the same are not redeemed, by the owners thereof, by the payment of two dollars, they shall be sold or destroyed, as the poundmaster may deem advisable; and any sale made by virtue hereof shall be deemed valid to all intents and purposes in all the courts of the District of Columbia. SEC. 4. Any dog wearing the tax-tag hereinbefore provided for shall to be personal be permitted to run at large in the District of Columbia, and shall be property, and persons injuring, &c., regarded as personal property in all the courts of said District; liable therefor. Owners liable for injuries by dogs. Dog collars; provisions cerning. Muzzles. And any person injuring or destroying the same shall be liable to a civil action for damages, which, upon proof of said injuring or killing may be awarded in a sum equal to the value usually put upon such property by persons buying and selling the same, subject to such modification as the particular circumstances of the case may make proper, SEC. 5. Any person owning any dog so recorded in the collector's office shall be liable in a civil action for any damage done by said dog to the full amount of the injury inflicted. SEC. 6. It shall be the duty of any person owning or possessing a dog con- to place, or cause to be placed and kept, around the neck of such dog, a collar, on which shall be marked and engraved, in legible and durable characters, the name of the owner or possessor, and the letters "D. C.”, and to which collar must be attached the insignia or tax-tag furnished by the District tax-collector, in accordance with the first and second sections of this law, under the penalty of not less than five nor more than ten dollars; Penalty for re And if any person shall put, or cause to be put, a collar, with_the insignia or tax-tag, around the neck of any dog owned or possessed by any person or persons residing in the District, without having obtained a license for keeping such animal, he, she, or they shall forfeit and pay the sum of not less than five nor more than ten dollars for each and every offense. SEC. 7. Whenever it shall be made to appear to the Commissioners that there are good reasons for believing that any dog or dogs within the District are mad, it shall be the duty of the Commissioners to issue a proclamation requiring that all dogs shall, for a period to be defined in the proclamation, wear good, substantial muzzles securely put on, so as to prevent them from biting or snapping; And any dog going at large during the period defined by the Com missioners without such muzzle shall be taken by the poundmaster and impounded, subject to the provisions of section three. SEC. S. Any person who shall remove, or cause to be removed, the coimoving collar, &c. lar and insignia or tax-tag from the neck of any dog, or entice any properly licensed dog into any inclosure for the purpose of taking off its collar or insignia, or shall for such purpose decoy or entice any animal out of the inclosure or house of its owner or possessor, or shall seize or molest any dog while held or led by any person, or shall bring any dog into the Penalty for moDistrict for the purpose of taking up and killing the same, shall forfeit lesting led dog. and pay a sum of not more than twenty dollars. SEC. 9. If any owner or possessor of a fierce or dangerous dog permit for permitting the same to go at large in the District of Columbia, to the danger or dangerous dogs to annoyance of the inhabitants, he shall forfeit and pay, for the first of- go at large, &c. fense, ten dollars; for the second, a sum not exceeding twenty dollars; and upon a third conviction for the same offense, the Commissioners shall immediately cause the dog, upon account of which the conviction takes place, to be slain and buried. SEC. 10. That all acts or parts of acts now in force in the District of Repeal. Columbia inconsistent with the provisions of this act be, and the same are hereby, repealed. [June 19, 1878.] CHAPTER 324. AN ACT TO AID VESSELS WRECKED OR DISABLED IN THE WATERS CONTERMINOUS TO Canadian vessels may aid wrecked vessels in United States waters. -after issue of proclamation of reciprocity. June 19, 1878. 20 Stat. L., 175. Canadian vessels vessels in United Be it enacted, &c., That Canadian vessels of all descriptions may render aid or assistance to Canadian or other vessels wrecked or disabled may aid wrecked in the waters of the United States contiguous to the Dominion of Canada: States waters. Provided, That this act shall not take effect until proclamation by the after issue of President declaring that the privilege of aiding American or other ves- proclamation of sels wrecked or disabled in Canadian waters contiguous to the United reciprocity. States has been extended by the government of the Dominion of Canada and declaring this act to be in force: not after reci And provided further, That this act shall cease to be in force from and after the date of proclamation by the President to the effect that said procity has ceased. reciprocal privilege has been withdrawn or revoked by the said Government of the Dominion of Canada. [June 19, 1878.] CHAPTER 326. AN ACT TO DETACH CERTAIN TERRITORY FROM THE EASTERN JUDICIAL DISTRICT OF June 19, 1878. 20 Stat. L., 175. tain counties here [SECTION 1], That the counties of Chippewa, Schoolcraft, Marquette, Western judicial Houghton, Keweenaw, Ontonagon, Isle Royale, Baraga, and Mackinaw district of Michibeing and including all that portion of the territory and waters of said gan to include cereastern district lying in the upper peninsula of Michigan be and the tofore in eastern same are hereby detached from the eastern judicial district of Michigan district. and attached to the western judicial district of said State. R. S., § 538. SEC. 2. That for the trial and determination of all causes and pro- —divided. ceedings cognizable and triable in the circuit and district courts of the United States for the western district of Michigan as bounded and de Southern and scribed in this act, the said district shall consist of two divisions known respectively as the southern and northern divisions of said district. The southern division shall comprise all that portion of said district northern divisions. lying and being in the lower peninsula of said State, and the northern division of said district shall comprise all the territory and waters of the entire upper peninsula of said State; Circuit and dis And there shall be two regular terms of the circuit and district trict courts to hold courts begun and held in each of the divisions of said western district ly in each division, annually. two terms annual R. S., §§ 572, 658. -terms of, in The regular terms of the circuit and district courts in said southern southern division division shall be held at the city of Grand Rapids, commencing on the at Grand Rapids. first Tuesdays of March and October in each year. -terms of, in The regular terms of the circuit and district courts in said northern northern division division shall be held at the city of Marquette, commencing upon the at Marquette. first Tuesdays of May and September in each year. Issues of fact; where to be tried. Suits; in what divisions to be brought. Clerk of western district; where to reside and keep of fice. -deputy, and his duty. District attorney and marshal. And all issues of fact shall be tried at the terms of said courts to be held in the division where such suits shall hereafter be commenced; But nothing herein contained shall prevent the said circuit and district courts from regulating by general rule the venue of transitory actions, either in law or in equity, and from changing the same for cause. SEC. 3. That all suits and proceedings hereafter to be brought in the said circuit or district courts not of a local nature, shall be brought in a court of the division of the district where the defendant resides; But if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may sue in either divisions and send duplicate writ or writs to the other defendants, on which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out of a court of the proper division of the said district; And the said writs when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly. SEC. 4. The clerk of the circuit and district courts for the western district of Michigan shall reside and keep his office at Grand Rapids, and shall also appoint a deputy clerk for said courts held at Marquette, who shall reside and keep his office at that place; And said deputy clerk shall keep in his office full records of all actions and proceedings in the said circuit and district courts for the northern division of said district held at that place, and shall have the same power to issue all processes from the said courts and perform any other duty that is or may be given to the clerks of other circuit and district courts in like cases. SEC. 5. That the district attorney and marshal of the said western district of Michigan shall respectively perform the duties of district attor ney and marshal for the southern and northern divisions of said district as established by this act. Marshal's office The marshal of said district shall keep an office and a deputy marshal and deputy at at Marquette in the northern division of said district. Marquette. Criminal causes; where to be tried. Juries for both courts. &c. -how drawn, &c. Pending causes SEC. 6. Any person charged with violating any of the penal or crimi nal statutes of the United States of which the said circuit or district courts have jurisdiction, shall be proceeded against by indictment or otherwise, within the division of said district where the alleged offense or offenses shall be committed, and shall have his or her trial at a term of the said court held in said division, unless for cause shown, the judge shall otherwise direct; And one grand and one petit jury only shall be summoned, and serve in both said courts at each term thereof; And jurors shall be selected and drawn from the division of the said district in which they reside and in which the terms of the said circuit and district courts to which they are summoned are held. SEC. 7. This act shall not affect or in any wise interfere with causes in eastern district. of action now pending in the circuit and district courts for the eastern district of Michigan, but the same may be proceeded with in the same manner as though this act had not been passed: Provided, however, That upon cause shown, the circuit and district courts for the eastern district may transfer civil causes arising in that portion of said district detached therefrom by this act to the circuit and district courts for the northern division of the western district of Michigan, provided for in this act. The circuit and district courts for the eastern district of Michigan shall continue to have the same jurisdiction in reference to all crimes and offenses committed prior to the passage of this act in any portion of the State of Michigan by this act detached from said eastern district and attached to said western district. SEC. 8. All provisions of law in conflict with this act are hereby repealed. Repeal. District court for SEC. 9. There shall be one or more terms of the district court for the eastern district of Michigan, held annually at the United States court eastern district of Michigan to be room in the city of Port Huron in said district, in the discretion of the held at Port Hu judge of said district court, and at such times as he shall appoint there- ron. for. [June 19, 1878.] R. S., § 572. CHAPTER 327. June 19, 1878. 20 Stat. L., 177. Head-money col AN ACT TO LEGALIZE THE COLLECTION OF HEAD-MONEYS ALREADY PAID. Head-money collected by States, &c., prior to January, 1877, not to be recovered back. Be it enacted, &c., That the acts of every State and municipal officer or corporation of the several States of the United States in the collec- lected by States, tion of head-moneys prior to the first day of January, eighteen hundred &c., prior to January, 1877, not to and seventy-seven, from the master, consignee, or owner of any vessel be recovered back. bringing passengers to the United States from a foreign port, pursuant to the then existing laws of the several States, shall be valid, and no action shall be maintained against any such State or municipal officer or corporation for the recovery of any moneys so paid or collected prior to said date. [June 19, 1878.] 7 How., 283. 11 Pet., 103. 16 Blatch., 296. 92 U.S., 259. CHAPTER 329. AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL June 19, 1878. 20 Stat. L., 178. |