Feb. 4, 1879. 20 Stat. L., 281. Sureties on postmasters' bonds to be notified of deficiencies in accounts. 3845. CHAPTER 45. AN ACT TO AMEND SECTION THIRTY-EIGHT HUNDRED AND THIRTY-FIVE OF THE RE- Sureties on postmasters' bonds to be notified of deficiencies in accounts. Be it enacted, &c., That section thirty-eight hundred and thirty-five of the Revised Statutes is amended by adding the following: "Hereafter, when a deficiency shall be discovered in the accounts of any postmaster, who after the adjustment of his accounts fails, to make R. S., §§ 3835, good such deficiency, it shall be the duty of the Sixth Auditor of the Treasury Department to notify the Postmaster-General of such failure, and upon receiving such notice the Postmaster-General shall forthwith deposit a notice in the post-office at Washington, District of Columbia, addressed to the sureties respectively upon the bonds of said postmaster, at the office where he or they may reside, if known; But a failure to give or mail such notice shall not discharge such surety or sureties upon such bond. [February 4, 1879.] Feb. 4, 1879. 20 Stat. L., 282. Oneida land dis trict in Idaho; how bounded. R. S., 2256, Nos. 87, 88, 2d ed., p. 413. CHAPTER 48. AN ACT TO CREATE AN ADDITIONAL LAND-DISTRICT IN THE TERRITORY OF IDAHO SECTION 1. Oneida land district in Idaho; how bounded. Be it enacted, &c. SECTION 2. Register and receiver. 3. Unfinished business transferred to, &c. [SECTION 1], That all that portion of the Territory of Idaho described and bounded as follows, namely: Commencing at the southeastern corner of said Territory: thence running west on the line between said Territory and the Territory of Utah to the line between ranges numbered twenty-three and twenty four east, Boise meridian; thence north to the southern boundary of Lemhi County; thence west to the western line of said Lemhi County; thence north on said western line of said county to the line between the Territories of Idaho and Montana; thence easterly on said Territorial line to the east ern boundary of the Territory of Idaho; thence south on the line of the eastern boundary of Idaho Territory to the place of beginning, shall -office of, at constitute a separate land district, to be called Oneida land-district, the Oneida, but may office of which shall be located at Oxford, in Oneida County: be changed by President. -register and receiver of. 2247. - unfinished busi Provided, The President of the United States may change the location of said land-office, from time to time, as the public interests may require. SEC. 2. That the President shall appoint, by and with the advice and consent of the Senate, or during the recess thereof, a register and a reR. S., §§ 2234-ceiver of public moneys for said district; and said officers shall reside in the place where said land-office is located, and shall have the same powers and responsibilities; and shall receive the same fees and emoluments as like officers now receive in other land-offices in said Territory. SEC. 3. That all persons in said district who, prior to the opening of ness transferred to, said Oneida land-office, shall have filed their declaratory statements, or application for pre-emption, homestead, or other land rights, in any landoffice, in said Territory of Idaho, shall hereafter make proofs and entries at said Oneida land-office; and all unfinished business in any other landoffice relating exclusively to lands in said Oneida land-district shall be transferred to said Oneida land-office when notified by the officers of the opening thereof. [February 4, 1879.] &c. CHAPTER 49. AN ACT DECLARATORY OF THE LAW RELATING TO DESCENTS AND INHERITANCE IN THE SECTION 1. Issue of colored persons married according to custom prevailing at time and place may in District of Columbia take and transmit property by inheritance, &c., as legitimate. Be it enacted, &c. SECTION 2. When act takes effect. Feb. 6, 1879. 20 Stat. L., 282. Issue of colored [SECTION 1], That the issue of any marriage of colored persons, contracted and entered into according to any custom prevailing at the time persons married in any of the States wherein the same occurred, shall, for all purposes tom prevailing at according to cusof descent and inheritance and the transmission of both real and per- time and place sonal property within the District of Columbia, be deemed and held to may in District of be legitimate, and capable of inheriting and transmitting inheritance, Columbia take and transmit property and taking as next of kin and distributee according to law, from and to by inheritance, their parents, or either of them, and from and to those from whom such &c., as legitimate. parents, or either of them, may inherit or transmit inheritance, anything in the laws of such State to the contrary notwithstanding: Provided, That nothing herein shall be construed as implying that any such marriage is not valid, or such issue legitimate for all other purposes. SEC. 2. This act shall take effect and be in force from and after its passage. [February 6, 1879.] When act takes effect. CHAPTER 50. AN ACT RELATING TO TAX-SALES AND TAXES IN THE DISTRICT OF COLUMBIA Public records relating to property, real and personal, open to inspection free of charge. In District of Columbia, list of lots sold for taxes, in whose name assessed, &c., to be kept by collector. Collector to furnish certified statement of taxes due on any land when called upon, and any tax omitted therefrom shall cease to be a lien as against subsequent purchasers. Feb. 6, 1879. 20 Stat. L., 283. In District of Co Collector to fur ment of taxes due Be it enacted, &c., That it shall be the duty of the collector of taxes for the District of Columbia to prepare and keep in his office, for public lumbia, list of lots inspection, a list of lots and squares, arranged in numerical order, of all whose name assold for taxes, in real estate in the city of Washington heretofore sold, or which may here- sessed, &c., to be after be sold, for the non-payment of any general or special tax or as- kept by collector. sessment levied or assessed upon the same, said list to show the date of sale and for what taxes sold; in whose name assessed at the time of sale; the amount for which the same was sold; when and to whom conveyed if deeded, or, if redeemed from said sale, the date of redemption. And it shall be the duty of said collector, whenever called upon, to furnish, in addition to the regular tax-bills, a certified statement, over nish certified statehis hand and official seal, of all taxes and assessments general and spe- on any land when cial, that may be due and unpaid at the time of making said certificate, called upon, and and which may in any manner be a lien upon any real estate located in any tax omitted said District; and for each and every certificate so furnished by said therefrom shall collector, the party requesting the same, shall pay into the treasury of cease to be lien as said District a fee of fifty cents; and said certificate when furnished as quent purchasers. against subseaforesaid, shall be a bar to the collection and recovery, from any subsequent purchaser, of any tax or assessment omitted from and which may be a lien upon the real estate mentioned in said certificate, and said lien shall be discharged as to such subsequent purchaser but shall not affect the liability of the person who owned the property at the time such tax was assessed to pay the same. And it is hereby declared that all public records which have any ref erence, or in any way relate, to real or personal property in said District, shall be open to the public for inspection free of charge. [February 6, 1879.] Public records relating to propsonal, open to inerty, real or perspection free of charge. Feb. 14, 1879. 20 Stat. L., 284. CHAPTER 68. AN ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE YEAR ENDING Charts furnished [Par. 1.] * That all charts hereafter furnished to mariners or to persons not in others not in the government service shall be paid for at the cost price public service to be paid for at cost. of paper and printing paid by the government. * [Par. 2.] Value of issues be credited to BUREAU OF PROVISIONS AND CLOTHING. That from and after the first day of April, eightof small-stores to een hundred and seventy-nine, the value of issues of small-stores shall "small-stores be credited to a fund to be designated as the "small-stores fund", in fund"; how used. the same manner as the value of the issues of clothing is now credited R. S., § 3618. to the "clothing fund"; the resources of the fund to be used hereafter in the purchase of supplies of small-stores for issue. Board of Visitors to Naval Academy; how appointed, &c. R. S., 1511-1528. - mileage of, to be paid. NAVAL ACADEMY. * [Par. 3.]. That from and after the passage of this act there shall be appointed every year, in the following manner, a Board of Visitors, to attend the annual examination of the academy. Seven persons shall be appointed by the President, and two Senators and three Members of the House of Representatives shall be designated as Visitors by the Vice-President or President pro tempore of the Senate and the Speaker of the House of Representatives, respectively, at the session of Congress next preceding such examination. Each member of said board shall receive not exceeding eight cents per mile traveled by the most direct route from his residence to Annapolis, and eight cents per mile for each mile from said place to his residence on returning. [February 14, 1879.] * * Feb. 15, 1879. 20 Stat. L., 292. Court of United CHAPTER 81. AN ACT TO RELIEVE CERTAIN LEGAL DISABILITIES OF WOMEN. Women may be admitted to practice in Supreme Court of United States. Women may be Be it enacted, &c., That any woman who shall have been a member of admitted to prac- the bar of the highest court of any State or Territory or of the Supreme tice in Supreme Court of the District of Columbia for the space of three years, and shall have maintained a good standing before such court, and who shall be a person of good moral character, shall, on motion, and the production of such record, be admitted to practice before the Supreme Court of the United States. [February 15, 1879.] R. S., § 747. CHAPTER 82. AN ACT TO PROVIDE FOR HOLDING TERM OF THE CIRCUIT AND DISTRICT COURTS SECTION 1. In Colorado, special terms of circuit and dis- 2. Judicial district divided into southern, west- District court may regulate venue of transi- 3. Pending cases. 4. Venue of actions hereafter brought in district court. Be it enacted, &c. [SECTION 1], (Rep.) [That the circuit and district courts of the dis Feb. 15, 1879. 20 Stat. L., 292. In Colorado, spetrict of Colorado may, when the public interests require it, order a eial terms of cirspecial term, to be held at such time and place as said courts may des- cuit and district ignate: courts; when may be held. 1876, June 26, ch. 147. Provided, That no special term of the circuit court shall be held except with the consent of the circuit judge of the circuit that the circuit or district court may order a grand or petit jury, or both, to attend such 1880, April 20, special term, by an order entered of record at least thirty days before ch. 58, § 4. the day on which such special term shall convene. Notice of such special term shall be published weekly for four consecutive weeks in a newspaper published at the capital of the State. And when a circuit and district court shall be held at the same time and place, the same panel of jurors shall serve in both courts.] Judicial district divided into R. S., § 530. 147. SEC. 2. (Rep.) [That for the trial and determination of all causes and proceedings cognizable and triable in the district court of the United States for the district of Colorado, as established by the act entitled "An act to further the administration of justice in the State of, 1876, June 26, ch. Colorado", approved June twenty-six, eighteen hundred and seventysix, the said district shall be separated into three divisions, as follows: All that part of said district lying within the following-named counties as now constituted, to wit: the counties of Bent, Las Animas, Pueblo, ion, with a term Huerfano, Fremont, and Custer shall constitute the southern division of district court to and a regular term of said court for said division shall be held annually be held at Pueblo. at Pueblo, to commence on the first Tuesday in February; -southern divis All that part of said district lying within the following named coun- western divisties, to wit; the counties of Costilla, Conejos, Rio Grande, Saguache, ion, with a term Gunnison, Ílinsdale, San Juan, Ouray, and La Plata, together with all of district court at that part of the Uté Indian reservation lying south of the thirty-ninth Del Norte. degree of north latitude in said State, shall constitute the western division, and a regular term of said court for said division shall be held annually at Del Norte, to commence on the first Tuesday in August; And the residue of the State of Colorado shall constitute the northern -northern divisdivision, and two regular terms of said court for said division shall be ion, with terms of held annually at Denver, to commence on the first Tuesday in May and district court at on the first Tuesday in October. Denver. And should the judge of said district court fail to attend at the time - proceedings in and place of holding any one of the regular terms of the court for either absence of judge, of the said divisions of the aforesaid district, before the close of the &c. fourth day of any such term, the business pending in such court shall stand adjourned to the next regular term thereof: Provided, That whenever the judge of said court, from any cause, shall fail to hold a regular term of said court for either of said divisions, it shall be his duty, if in his opinion the business in said court shall require, to hold an intermediate term of said court, at such time as he shall, by his order in writing, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published in the several newspapers pub NOTE. (1) This whole act is repealed by act of 1880, April 20, ch. 58, § 4, saving certain rights of proceedings. 3 Issues of fact; where to be tried. lished in the bounds of said divisions, the same length of time; and at any and all such intermediate terms the business of any such courts, of every nature and description whatsoever, shall have reference to, and be proceeded with, in the same manner as if the same were a regular term of the said court. And all issues of fact shall be tried at a term of said court to be held in the division where such suit should hereafter be commenced, in accordance with the third section of this act. District court But nothing herein contained shall prevent the said district court may regulate ven- from regulating, by general rule, the venue of transitory actions either ue of transitory in law or in equity, and from changing the same for a good cause to be actions. shown.] Pending cases; SEC. 3. (Rep.) [That all issues now pending in the said district where to be dis- court shall be tried at the places above prescribed for holding such posed of. court within the division where the cause of action may have arisen, unless otherwise ordered by said court, in pursuance of the authority given in the first section of this act; and no process issued or proceedings pending in the said district court shall be avoided or impaired by this change of the time and place of holding such court; but all process, bail bonds, and recognizances, returnable at the next term of the said court, shall be returnable and returned to the court next held at the appropriate place, according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and all continuances may be made to conform to the provisions of this act.] SEC. 4. (Rep.) [That all suits and proceedings hereafter to be brought hereafter brought in the said district court, 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 division, 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.] Venue of actions in district court. Deputy clerks to be appointed for courts of Pueblo and Del Norte. Clerk to reside at Denver. Deputy clerks' duties and powers. District attorney and marshal to perform duties in said divisions. 1876, June 26, ch. 147. District courts in ern divisions have SEC. 5. (Rep.) [The clerk of the district court for the district of Colorado shall appoint a deputy clerk for said court held at Pueblo and a deputy clerk for said court held at Del Norte, who shall reside and keep their offices at said places respectively. And the said clerk shall reside and keep his office at Denver. Each deputy shall keep in his office full records of all actions and proceedings in the district court held at the same place, and shall have the same power to issue all process from the said court that is or may be given to the clerks of said district courts in like cases.] SEC. 6. (Rep.) [That the district attorney and marshal of the district of Colorado shall respectively perform the duties of district attorney and marshal of and for the southern, western, and northern divisions of the district of Colorado as established by this act; And the said marshal shall keep an office and deputy at each of the places where the sessions of the said district court are directed to be held.] SEC. 7. (Rep.) [That in addition to the ordinary jurisdiction and southern and west- powers of a district court of the United States, with which the district jurisdiction of cir- court of Colorado has been invested, it be, and is hereby, invested, cuit courts in civil within the limits of the said southern and western divisions of same cases; writs of with the exercise of concurrent jurisdiction and power, in all civil cases, error, appeals, &c. now exercised by the circuit courts of the United States; 1876, June 26, ch. 147. And that in all cases where said court shall exercise such jurisdiction, writs of error and appeals shall be allowed and taken from the judg ment, orders, or decrees of said court to the Supreme Court of the United States, in the same manner and upon the same conditions as appeals may be taken from the circuit courts.] NOTE. This act is repealed by act of 1880, April 20, ch. 58, saving rights, &c. |