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SEC. 8. (Rep.) [Any person charged with violating any of the penal or criminal statutes of the United States of which the said district court has jurisdiction shall be proceeded against, by indictment or otherwise, within the division of said district wherein the alleged offense was committed, and shall have his or her trial at a term of the said district court held in the said division, unless for cause shown the judge shall otherwise direct;

Criminal cases; where to be pro

ceeded with.

moned.

And grand and petit juries shall be summoned for the several terms Grand and petit of said district court in manner as is now, or may be, provided by law; juries; how sumand jurors shall be selected and drawn from the division of the said district in which they reside and in which the term of the said district court to which they are summoned is held.]

Circuit court for

SEC. 9. (Rep.) [A term of the circuit court of the eighth judicial circuit shall be held at Denver, in said State, upon the first Tuesday in eighth judicial disMay and the first Tuesday in October in each year.

One grand jury and one petit jury shall be summoned, and serve in both the said circuit and district courts, the terms of which are to be held in Denver.]

trict to be held at Denver.

One grand and one petit jury. R. S., § 604. 1876, June 26, ch. 147.

SEC. 10. (Rep.) [All acts and parts of acts in conflict with this act Repeal. are hereby repealed.] [February 15, 1879.]

NOTE.-The above act is repealed by act of 1880, April 20, ch. 58, saving rights, &c.

SECTION

CHAPTER 83.

AN ACT TO ABOLISH THE VOLUNTEER NAVY OF THE UNITED STATES.

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SECTION

1. may be placed on retired list in certain

cases.

2. Acting assistant surgeons no longer to be ap-
pointed.

Feb. 15, 1879.

20 Stat. L., 294.

surgeons constitut

[SECTION 1], That it shall be the duty of the Secretary of the Navy Line officers and to organize a board of five line officers of the Navy, none of whom shall passed assistant be below the grade of captain, whose duty it shall be to make an exam- ing Volunteer ination of the line officers now composing the Volunteer Navy of the Navy to be examUnited States, which examination shall be such as is required in the ined, and may be examination of officers for promotion; appointed in regular Navy if found

qualified.

And, further, that it shall be the duty of the Secretary of the Navy to organize a board of five medical officers of the Navy, none of whom R. S., § 1411, shall be below the grade of lieutenant-commander, whose duty it shall 1412, 1559. be to make an examination of the eighteen acting and three acting passed assistant surgeons now in the service, should they desire to present themselves, which examination shall be such as is required in the examination of medical officers for admission as assistant surgeons;

And in all cases where said board shall find that such officers are professionally, morally, and physically qualified to perform the duties of their position, and shall so report to the Secretary of the Navy, it shall and may be lawful for the President of the United States by and with the advice and consent of the Senate to appoint such officers in the line and assistant surgeons in the Regular Navy of the United States.

of service.

And in the cases of officers who may not be found to be either pro- if not qualified, fessionally, morally, or physically qualified to discharge the duties of to be mustered out their position, then said officers shall be mustered out of the service of the government, within six months from the passage of this act, with one years pay:

Provided, That in the event of physical disqualification which occurred may be placed on retired list in in the line of duty, such officer may, upon the recommendation of a recertain cases. tiring board, be placed upon the retired list, with the pay to officers of like designation in the Regular Navy.

Acting assistant

SEC. 2. That from and after the passage of this act the Secretary of surgeons no longer the Navy shall not appoint acting assistant surgeons for temporary to be appointed. service, as authorized by section fourteen hundred and eleven, Revised Statutes, except in case of war. [February 15, 1879.]

R. S., § 1411.

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Indians em

ployed not deemed

CHAPTER 87.

AN ACT MAKING APPROPRIATIONS FOR CURRENT AND CONTINGENT EXPENSES OF THE
INDIAN DEPARTMENT, AND FOR FULFILLING TREATY STIPULATIONS WITH VARIOUS
INDIAN TRIBES, FOR THE YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED
AND EIGHTY, AND FOR OTHER PURPOSES.

Indians employed not deemed employés at Indian agencies.

Be it enacted, &c.
[SECTION 1],

That Indians employed at agencies in any capacity shall not be conemployés at Indian strued as part of agency employees named in section five of the act agencies. making appropriations for the Indian service for the fiscal year ending 1875, March 3, June thirtieth, eighteen hundred and seventy-six, approved March third, ch. 132, § 5. 1878, May 27, ch. eighteen hundred and seventy-five.

142.

[February 17, 1879.]

CHAPTER 90.

Feb. 19, 1879.

20 Stat. L., 316.

Three mouths'

of Mexican war.

AN ACT POR THE PAYMENT, TO THE OFFICERS AND SOLDIERS OF THE MEXICAN WAR,
OF THE THREE MONTHS' EXTRA PAY PROVIDED FOR BY THE ACT OF JULY NINE-
TEENTH, EIGHTEEN HUNDRED AND FORTY-EIGHT.

Three months' extra pay to officers and soldiers of Mexican war.

Be it enacted, &c., That the Secretary of the Treasury be, and he is extra pay to officers hereby, directed, out of any moneys in the Treasury not otherwise approand soldiers, &c., priated, to pay to the officers and soldiers "engaged in the military 1848, ch. 104, 5 service of the United States in the war with Mexico, and who served (9 Stat. L., 248). out the time of their engagement or were honorably discharged", the 16 Opin. Att'y- three months' extra pay provided for by the act of July nineteenth, Gen., 409. eighteen hundred and forty-eight, and the limitations contained in said act, in all cases, upon the presentation of satisfactory evidence that said extra compensation has not been previously received:

Provided, That the provisions of this act shall include also the officers, petty-officers, seamen, and marines of the United States Navy the Revenue Marine Service and the officers and soldiers of the United States Army employed in the prosecution of said war. [February 19, 1879.]

Feb. 21, 1879.

20 Stat. L., 317.

Two classes of

letter-carriers in

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Be it enacted, &c.

SECTION

4. Appointment and promotion.
Number of first class.

Letter-receiving boxes not to be placed in
private buildings.

5. Letter-carriers; in what places to be employed. 6. Repeal.

[SECTION 1], That for the more equitable compensation of letter-carcities of 75,000 pop- ri rs there shall be in all cities which contain a population of seventyfive thousand or more two classes of letter-carriers, to be fixed by the Postmaster-General.

ulation.

R. S, § 3865.

SEC. 2. The salaries of carriers of the first-class, who shall have been in service at least one year, shall be one thousand dollars per annum, and the salaries of the carriers of the second class shall be eight hundred dollars per annum.

Letter-carriers;

salaries.
R. S., § 3866.

In all cities containing a population of less than seventy-five thousand one class in cities of less populathere shall be one class of letter-carriers, who shall receive a salary of tion; their salary. eight hundred and fifty dollars per annum.

SEC. 3. Upon the recommendation of the postmaster of any city, the Postmaster-General may establish a third grade of letter-carriers, known as auxiliaries, who shall be paid at the rate of four hundred dollars per

annum.

SEC. 4. Appointments of letter-carriers in cities having two or more classes shall be made to the class having the minimum rate of pay, and promotions from the lower grades in said cities shall be made to the higher grades to fill vacancies, after one or more years' service, on certificate of the postmaster to the efficiency and faithfulness of the candidate during the preceding year:

R. S., § 3866. Third grade, or auxiliaries; their salaries.

appointment and promotion.

Provided, however, That at no time shall the number of carriers in the number of first first class, receiving the maximum salary of one thousand dollars, be class. more than two-thirds or less than one half the whole number of carriers actually in service in the city in which they are employed: Provided, further, That no boxes for the collection of mail-matter by carriers shall be placed inside of any building except a public building or railroad-station.

Letter-receiving boxes not to be placed in private buildings.

R. S., 3868. Letter-carriers; in what places to

SEC. 5. Letter-carriers shall be employed for the free delivery of mailmatter, as frequently as the public convenience may require, at every, be employed. place containing a population of fifty thousand within the delivery of its post-office, and may be so employed at every place containing a population of not less than twenty thousand within its corporate limits, and at post-offices which produced a gross revenue for the preceding fiscal year of not less than twenty thousand dollars:

Provided, This act shall not affect the free delivery in towns and cities where it is now established.

R. S., § 3865. 1874, June 23, ch. 456, § 1, par. 1.

SEC. 6. All laws inconsistent herewith are repealed. [February 21, Repeal. 1879.]

CHAPTER 97.

AN ACT TO CREATE THE NORTHERN JUDICIAL DISTRICT OF THE STATE OF TEXAS, AND
TO CHANGE THE EASTERN AND WESTERN JUDICIAL DISTRICTS OF SAID STATE, AND
TO FIX THE TIME AND PLACES OF HOLDING COURTS IN SAID DISTRICTS.

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[SECTION 1], That a judicial district is hereby created in the State of Texas, to be called the northern judicial district of said State, and the territory embraced in the following-named counties, as now constituted, shall compose said district, namely:

Feb. 24, 1879.

20 Stat. L., 318.

Judicial districts in Texas. R. S., § 548.

Northern dis

trict.
18, § 4.

Brazos, Robertson, Leon, Limestone, Freestone, Navarro, Ellis, Kaufman, Dallas, Rockwall, Hunt, Fannin, Lamar, Delta, Collin, Grayson, Cooke, Denton, Tarrant, Johnson, Hill, McLennan, Falls, Bell, Coryell, 1879, June 11, ch. Hamilton, Bosque, Comanche, Erath, Somerville, Hood, Parker, Palo Pinto, Jack, Wise, Montague, Clay, Archer, Wichita, Wilbarger, Harde

Eastern district.

man, Knox, Baylor, Haskell, Throckmorton, Young, Stephens, Shackelford, Jones, Taylor, Callahan, Eastland, Brown, Coleman, Runnels, Greer, Nolan, Fisher, Stonewall, King, Cottle, Childress, Collingsworth, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Gray, Donley, Hall, Motley, Dickens, Kent, Scurry, Mitchell, Howard, Borden, Dawson, Gaines, Martin, Andrews, Garza, Crosby, Floyd, Briscoe, Armstrong, Carson, Hutchinson, Hansford, Sherman, Moore, Potter, Randall, Swisher, Hale, Lubbock, Lynn, Terry, Hockley, Lamb, Castro, Deaf Smith, Oldham, Hartley, Dallam, Palmer, Bayley, Cochran, and Yoakum.

SEC. 2. That from and after the passage of this act, the territory em1879, June 11, ch. braced in the following-named counties, as now constituted, shall com18, §§ 1, 3. pose the eastern judicial district, namely:

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Adjourned terms.
R. S., § 669.

where to be re

turned.

Matagorda, Wharton, Brazoria, Fort Bend, Colorado, Austin, Waller, Harris, Galveston, Chambers, Jefferson, Orange, Hardin, Liberty, Newton, Jasper, Tyler, Polk, San Jacinto, Montgomery, Walker, Grimes, Madison, Trinity, Angelina, San Augustine, Sabine, Shelby, Nacogdoches, Cherokee, Houston, Anderson, Henderson, Smith, Rusk, Panola, Harrison, Gregg, Upshur, Wood, Vanzandt, Rains, Hopkins, Camp, Titus, Marion, Cass, Bowie, Franklin, Morris, and Red River.

SEC. 3. That from and after the passage of this act, the territory embraced in the following-named counties, as now constituted, shall compose the western judicial district of said State, namely:

Calhoun, (1)Jackson, Victoria, Goliad, Refugio, Bee, San Patricio, Nueces, Cameron, Hidalgo, Starr, Zapata, Duval, Encinal, Webb, La Salle, McMullen, Live Oak, De Witt, Lavaca, Gonzales, Wilson, Karnes, Atascosa, Frio, Dimmit, Zavala, Maverick, Kinney, Uvalde, Medina, Bexar, Guadalupe, Caldwell, Fayette, Washington, Lee, Burleson, Milan, Williamson, Bastrop, Travis, Hays, Comal, Kendall, Blanco, Burnett, Llano, Gillespie, Kerr, Bandera, Edwards, Kimball, Mason, Menard, Eĺ Paso, Presidio, Tom Green, Crockett, Pecos, Concho, McCulloch, San Saba, and Lampasas.

SEC. 4. That the courts in the northern judicial district shall be held twice in each year, at Waco, Dallas, and at Graham, in Young County; And the courts in the eastern judicial district shall be held twice in each year, at Galveston, Tyler, and Jefferson;

And the courts in the western judicial district shall be held twice in each year, at Brownsville, San Antonio, and Austin.

The courts shall be held

In the city of Waco on the first Mondays in April and October;
In the city of Dallas, the first Mondays in June and December;
In the town of Graham, Young County, on the first Mondays in Feb-
ruary and August;

In the city of Galveston, on the first Mondays in November and March;
At the city of Tyler, on the second Mondays in January and May;
At the city of Jefferson, on the second Mondays February and Sep-
tember;

At the city of Brownsville on the first Mondays in January and July;
At San Antonio on the first Mondays in May and November;
At Austin on the first Mondays in February and August.

And the district judge of each of said districts shall have power to fix adjourned terms at all of said places, so as to dispose of the whole of the business of said courts.

Process against SEC. 5. That all process issued against defendants residing in the defendants in the counties of Brazos, Robertson, Leon, Limestone, Freestone, McLennan, different counties; Falls, Bell, Coryell, Hamilton, Comanche, Erath, Hood, Bosque, Somerville, Hill, Brown, Coleman, and Runnels shall be returned to Waco; And all process issued against defendants residing in the counties of Navarro, Johnson, Ellis, Kaufman, Dallas, Rockwall, Hunt, Lamar, Fannin, Grayson, Collin, Denton, Cooke, Montague, Wise, Tarrant, Parker, Delta, and Clay shall be returned to Dallas;

NOTE. (1) By act of 1879, June 11, ch. 18, § 1, Jackson County is transferred to eastern district; and by the act of 1880, June 11, § 2, Aransas County is added to the western district.

And all process issued against defendants residing in the counties of Processes, where Eastland, Stephens, Young, Archer, Wichita, Wilbarger, Baylor, Throck- to be returned, &c. morton, Shackelford, Callahan, Taylor, Jones, Haskell, Knox, Hardeman, Greer, Nolan, Mitchell, Howard, Martin, Andrews, Gaines, Dawson, Borden, Scurry, Fisher, Stonewall, Kent, Garza, Lynn, Terry, Yoakum, Cochran, Hockley, Lubbock, Crosby, Dickens, King, Cottle, Motley, Floyd, Hale, Lamb, Bayley, Palmer, Castro, Swisher, Brisco, Hall, Childress, Collingsworth, Donley, Armstrong, Deaf Smith, Oldham, Potter, Carson, Gray, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Hutchinson, Hansford, Sherman, Moore, Hartley, Palo Pinto, Jack, and Dallam shall be returned to Graham;

And all process issued against defendants residing in the counties of Jackson, Matagorda, Brazoria, Wharton, Colorado, Fort Bend, Austin, Harris, Galveston, Chambers, Jefferson, Órange, Hardin, Liberty, Montgomery, Waller, Grimes, Madison, Walker, San Jacinto, Polk, Tyler, Jasper, and Newton shall be returned to Galveston;

And all process issued against defendants residing in the counties of Sabine, San Augustine, Shelby, Nacogdoches, Angelina, Trinity, Houston, Anderson, Cherokee, Panola, Rusk, Smith, Henderson, Vanzandt, Rains, Gregg, and Wood shall be returned to Tyler;

And all process issued against defendants residing in the counties of Upshur, Harrison, Marion, Cass, Bowie, Red River, Titus, Camp, Hopkins, Morris, and Franklin shall be returned to Jefferson;

For alteration see

And all process issued against defendants residing in the counties of Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval, Nueces, San 1879, June 11, ch. 18, §§ 2, 3. Patricio, Dimmit, and Maverick shall be returned to Brownsville;"

And all process issued against defendants residing in the counties of Calhoun, Refugio, Victoria, Goliad, Bee, Live Oak, Karnes, De Witt, Lavaca, Gonzales, Guadalupe, Wilson, Atacosa, McMullen, Bexar, Comal, Kendall, Kerr, Edwards, Bandera, Medina, Frio, La Salle, Zavala, Uvalde. Kinney, Crockett, Tom Green, Pecos, Presidio, and El Paso shall be returned to San Antonio;

For alteration sce

And all process issued against defendants residing in the counties of Fayette, Washington, Burleson, Milan, Williamson, Lee, Bastrop, Cald- 1879, June 11, ch. well, Hays, Travis, Blanco, Gillespie, Burnet, Llano, Mason, Kimball, 18, §§ 2, 3. Menard, Concho, McCulloch, San Saba, and Lampasas shall be returned

to Austin;

And that all process issued against defendants residing in any county in new counties. which may hereafter be created by law, shall be returned to the nearest place for holding court in the judicial district within which said county is formed.

fendant in differ

And if there be more than one defendant, and they reside in different Suits against divisions of the district, the plaintiff may sue in either division, and send more than one deduplicate writ or writs to the other defendants, on which the plaintiff or ent divisions; his attorney shall endorse that the writ thus sent is a copy of a writ sued where may be out of a court of the proper division of the said district; and the said brought. 1880, June 14, ch. writs, when executed and returned into the office from which they issued, 213, § 1. shall constitute one suit, and be proceeded in accordingly.

SEC. 6. Actions or proceedings now pending at Brownsville, Austin, Transfer of pendGalveston, and Tyler, which under this act, would be brought in some ing causes. other district, may, on the application of either party, be transferred to the proper court of said district; and in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the office of the clerk of such court, and the same shall proceed in all respects as though originally commenced in said court.

Assignment of

SEC. 7. That the present judge of the eastern district of Texas be, and he is hereby, assigned to hold said courts in the said eastern dis- present judges. trict, and shall exercise the same jurisdiction and perform the same duties within the said district as he now exercises and performs within his present district.

That the present judge of the western district of Texas be, and he is hereby, assigned to hold said courts in the western district of Texas,

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