And when either of said dates shall fall on Sunday the term shall commence on the following Monday. And all pending cases, 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. [December 21, 1878.] Pending cases. CHAPTER 19. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE MILITARY ACADEMY FOR Jan. 20, 1879. 20 Stat. L., 260. Adjutant at Military Academy; pay of. Be it enacted, &c., That For pay of adjutant, in addition to pay as first lieutenant, three hundred dollars: Provided, That the sum paid to said officer shall not exceed one sand eight hundred dollars per annum. Adjutant at Military Academy. thou--pay of. R. S., § 1335. CHAPTER 20. AN ACT TO DIVIDE THE WESTERN DISTRICT OF MISSOURI INTO TWO DIVISIONS, AND SECTION 1. Missouri; western judicial district divided into eastern and western divisions. 2. Jurisdiction of offenses; jurors. 3. of civil suits. Be it enacted, &c. SECTION 4. Deputy clerk of circuit and district court; 5. Suits; how transferred. [SECTION 1], The western district of Missouri is hereby divided into two divisions, which shall be known as the eastern and western divisions of the western district of Missouri. Jan. 21, 1879. 20 Stat. L., 263. Missouri: West ern judicial district divided into 51. -- R. S., § 540. western divis The western division shall include the counties of Andrew, Atchison, And a term of the district court and circuit of the United States for said district shall be held therein at the city of Kansas on the third Monday in May and the third Monday in October of each year. courts where to be held. R. S., §§ 572, 658. The remaining counties embraced in said district shall constitute the eastern division, eastern division thereof and the terms of the district and circuit courts and where courts of the United States for said district shall be held therein at the times to be held. and place now prescribed by law. SEC. 2. All offenses hereafter committed in either of said divisions shall be cognizable and indictable within the division where committed; and all grand and petit jurors summoned for service in each division shall be inhabitants thereof. And all offenses heretofore committed within said district shall be prosecuted and tried as if this act had not passed. R. S., §§ 572, 658. Jurisdiction of offenses; jurors. SEC. 3. All civil suits not of a local character which shall be here--of civil suits. after brought in the district or circuit courts of the United States for the western district of Missouri in either of said divisions, against a single defendant, or where all the defendants reside in the same division of said district, shall be brought in the division in which the de fendant or defendants reside; but if there are two or more defendants residing in different divisions, such suit may be brought in either division, and all mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or both of the divisions. SEC. 4. The clerks of the circuit and district courts for said district Deputy clerk of shall each appoint a deputy clerk at the place where their respective court for each dicircuit and district courts are required to be held in the division of the district in which vision; how apsuch clerk shall not himself reside, each of whom shall, in the absence pointed. of the clerk, exercise all the powers and perform all the duties of clerk within the division for which he shall be appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall be respectively appointed, and may be annulled by such court at its pleasure. And the clerk shall be responsible for the official acts and neglects of all such deputies. R. S., §§ 558, 624. 1878, June 19, ch. 329, § 1, par. 15. Pending suits; SEC. 5. All civil suits and proceedings now pending in the circuit or district court of said western district of Missouri, and which would, if how transferred. instituted after the passage of this act, be required to be brought in the western division of said district, may be transferred, by consent of all the parties, to said western division of said district, and there disposed of in the same manner and with like effect as if the same had been there instituted; And all process, writs, and recognizances relating to such suits and proceedings so transferred shall be considered as belonging to the term of the court in the western division of said district, in the same manner and with like effect as if they had been issued or taken in reference thereto originally. [January 21, 1879.] CHAPTER 21. AN ACT AUTHORIZING THE CHANCELLOR OF THE SMITHSONIAN INSTITUTION TO AP- Jan. 24, 1879. 20 Stat. L., 264. ry Acting Secreta Acting Secretary of Smithsonian Institution; how appointed. Be it enacted, &c., That in case of the death, resignation, sickness, or absence of the Secretary of the Smithsonian Institution, the Chancellor Ty of Smithsonian Institution; how thereof shall be, and he is hereby, authorized to appoint some person appointed. as acting secretary, who for the time being shall be clothed with all the Ř. S., § 5582. powers and duties which by law are devolved upon the Secretary, and he shall hold said position until an election of Secretary shall be duly made, or until the Secretary shall be restored to his health, or, if absent, shall return and enter upon the duties of his office. [January 24, 1879.] CHAPTER 22. AN ACT FOR THE PROTECTION OF DAIRYMEN, AND TO PREVENT DECEPTION IN SALES Jan. 25, 1879. 20 Stat. L., 264. In District of [SECTION 1], That every person who shall manufacture for sale, or who shall offer or expose for sale, any article or substance in semblance Columbia, butter of butter or cheese, not the legitimate product of the dairy, and not and cheese made made exclusively of milk or cream, but into which the oil or fat of aui- of fat, &c., to have packages stamped mals, not produced from milk, enters as a component part, or into which Oleo-Margarine. melted butter, or any oil thereof, has been introduced to take the place of cream, shall distinctly and durably stamp, brand, or mark upon every tub, firkin, box or package of such article or substance, the word OleoMargarine, in plain Roman letters, not less than half an inch square placed horizontally in proper order thus: OLEO-MARGARINE. And in case of retail sales of such article or substance in parcels the Oleo-Margarine: seller shall in all cases deliver therewith to the purchaser a written or sale of, to be accompanied printed label bearing the plainly written or printed word Oleo-Margarine, comp in type or letters as aforesaid; And every sale of such article or substance not so stamped, branded, marked, or labeled shall be void, and no action shall be maintained for the price thereof. with possession contrary to act. SEC. 2. That every person who shall sell, or offer to sell, or have in his Penalty for sellor her possession with intent to sell, contrary to the provisions of this ing or having in act, any of the said article or substance required by the first section of this act to be stamped, marked, or labeled as therein stated, not so stamped, marked, or labeled, or in case of a retail sale without delivery of a label required by section one of this act, shall, for each such offense, forfeit and pay a fine of one hundred dollars, to be recovered by indictment in any court of the District of Columbia of competent jurisdiction for the trial of misdemeanors, and the one-half of such fine when paid to go to the informer, and the residue to be paid into the treasury of the District of Columbia. SEC. 3. That every person who shall sell, or offer or expose for sale, or who shall cause or procure to be sold, or offered or exposed for sale, any article or substance required by the first section of this act to be marked, branded, stamped, or labeled, not so marked, branded, stamped, or labeled, shall be guilty of a misdemeanor, and, on trial for such misdemeanor, proof of the sale or offer or exposal alleged shall be presumptive evidence of knowledge of the character of the article so sold or offered. [January 25, 1879.] - for selling without label. CHAPTER 23. AN ACT TO PROVIDE THAT ALL PENSIONS ON ACCOUNT OF DEATH, OR WOUNDS RE- SECTION 1. Pensions on account of death, wounds, &c., in 2.-rule to be adopted by Commissioner. 3. Requirement that claims shall not be prosecuted after five years from date of filing, except, &c., repealed. Be it enacted, &c. SECTION 4. Agents, &c., not to receive pay for making Jan. 25, 1879. 20 Stat. L., 265. [SECTION 1], That all pensions which have been granted under the Pensions on acgeneral laws regulating pensions, or may hereafter be granted, in conse- count of death, quence of death from a cause which originated in the United States wounds, &c., in late rebellion; service during the continuance of the late war of the rebellion, or in when to comconsequence of wounds, injuries, or disease received or contracted in mence. said service during said war of the rebellion, shall commence from the R. S., § 4692date of the death or discharge from said service of the person on whose 1879, March 3, account the claim has been or shall hereafter be granted, or from ch. 187. the termination of the right of the party having prior title to such pension: 4791. 16 Opin. Att'yGen., 374, 639. Pension; rate of arrears of. -rules to be adopted by Commission er. Provided, The rate of pension for the intervening time for which arrears of pension are hereby granted shall be the same per month for which the pension was originally granted. SEC. 2. That the Commissioner of Pensions is hereby authorized and directed to adopt such rules and regulations for the payment of the arrears of pensions hereby granted as will be necessary to cause to be paid to such pensioners, or, if the pensioners shall have died, to the person or persons entitled to the same, all such arrears of pension as the pensioner may be, or would have been, entitled to under this act. SEC. 3. That section forty-seven hundred and seventeen of the Revised Requirement that claims shall Statutes of the United States, which provides that not be prosecuted after five years from date of filing, except, &c., repealed. "No claim for pension not prosecuted to a successful issue within five years from the date of filing the same shall be admitted without record evidence from the War or Navy Department of the injury or the disease which resulted in the disability or death of the person on whose account the claim is made: Provided, That in any case in which R. S., § 4717. the limitation prescribed by this section bars the further prosecution of the claim, the 1879, ch. 187, § 2. claimant may present, through the Pension Office, to the Adjutant-General of the Army or the Surgeon-General of the Navy, evidence that the disease or injury which resulted in the disability or death of the person on whose account the claim is made originated in the service and in the line of duty; Agents, &c., not to receive pay for making application for arrears of And if such evidence is deemed satisfactory by the officer to whom it may be submitted, he shall cause a record of the fact so proved to be made, and a copy of the same to be transmitted to the Commissioner of Pensions, and the bar to the prosecution of the claim shall thereby be removed", be, and the same is hereby, repealed. SEC. 4. No claim agent or other person shall be entitled to receive any compensation for services in making application for arrears of pension. pension. R. S., §§ 4768, 4769, 4785, 5485. 1878, June 20, ch. 367. Repeal. SEC. 5. That all acts or parts of acts so far as they may conflict with the provisions of this act be, and the same are hereby, repealed. [January 25, 1879.] Jan. 25, 1879. 20 Stat. L., 265. In refunding na cent. bonds may CHAPTER 24. AN ACT TO FACILITATE THE REFUNDING THE NATIONAL DEBT. In refunding national debt, 4 per cent. bonds may - interest on exchange; how allowed. Be it enacted, &c., That the Secretary of the Treasury is hereby autional debt 4 per thorized in the process of refunding the national debt under existing be exchanged for laws to exchange directly at par the bonds of the United States bearing 5-20 bonds and for interest at four per centum per annum authorized by law for the bonds other bonds, and of the United States commonly known as five-twenties outstanding and refunding laws to apply to all 5 per uncalled, and, whenever all such five twenty bonds shall have been redeemed, the provisions of this section and all existing provisions of law authorizing the refunding of the national debt shall apply to any bonds of the United States bearing interest at five per centum per annum or a higher rate, which may be redeemable. cent. bonds. 1870, ch. 256 (16 Stat. L., 272). 1875, March 3, ch. 130, § 11. - interest on exchanges; how allowed. In any exchange made under the provisions of this section interest may be allowed, on the bonds redeemed, for a period of three months. [January 25, 1879.] CHAPTER 26. AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT OF INVALID AND OTHER PEN- Fees of examining surgeons of pensioners. Be it enacted, &c. * Fees of examin (1) Provided, That a fee of one dollar, and no more, shall be paid to the examining-surgeon for each examination of a pensioner, as provided by ing surgeons of law, except when the examination is made by a board of surgeons, in which case the fees now allowed by law shall be paid. [January 27, 1879.] NOTE. (1) This provision is repeated in the act of January 12, 1880, ch. 4, making like appropriations (21 Stat. L., 60). pensioners. R. S., § 47744777. 1878, June 14, ch. 188. CHAPTER 27. AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR SUN- EIGHT. Restrictions as to binding not to apply to library of Surgeon-General's Office. Surgeon-General's Be it enacted, &c., That the act entitled "An act making appropria- Restrictions as tions for sundry civil expenses of the government for the fiscal year to binding not to ending June thirtieth, eighteen hundred and seventy-nine, and for other apply to library of purposes", approved June twentieth, eighteen hundred and seventy- office. eight, be, and the same is hereby, amended by adding to the clause of said act relating to the binding of books for the departments of the gov ernment, after the words "Congressional Library", the following words; "nor to the Library of the Surgeon-General's Office". [January 27, 1879.] R. S., §§ 3785, 3790. 359, 61, par. 1. 1878, June 20, ch. CHAPTER 28. AN ACT MAKING APPROPRIATIONS FOR THE CONSULAR AND DIPLOMATIC SERVICE OF Jan. 27, 1879. 20 Stat. L, 267. Salaries. R. S., § 16751682. Be it enacted, &c., That the following sums be, and the same are hereby, appropriated for the service of the fiscal year ending June thirtieth, eighteen hundred and eighty, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, 275. namely:(1) NOTE. (1) This act makes appropriations for one year only, but the last clause of the act as here printed provides that the salaries herein provided for shall be in full after July 1, 1879, and repeals all laws in conflict therewith. It seems to supersede also the salaries fixed by the act of 1874, June 11, ch. 275; by the act of 1875, March 3, ch. 153, and by the act of 1878, June 4, ch. 155. 1874, June 11, ch. 1875, March 3, ch. 153. 1878, June 4, ch. 155. |