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CHAPTER 169.

AN ACT TO GRANT TO THE CORPORATE AUTHORITIES OF THE CITY OF COUNCIL BLUFFS,
IN THE STATE OF IOWA, FOR PUBLIC USES, A CERTAIN LAKE OR BAYOU SITUATED
NEAR SAID CITY.

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June 9, 1880.

21 Stat. L., 171.

Lake or bayou

Bluffs, Iowa, upon

Be it enacted, &c., That there shall be, and is hereby, conveyed to the corporate authorities of the city of Council Bluffs, in the State of Iowa, granted to Council and their successors in office, the title of the United States to the me- conditions. andered lake, situated in sections eleven, thirteen, fourteen, fifteen, twenty-two, and twenty-three, in township seventy-five north, range forty-four west of the fifth principal meridian of Iowa, upon the express conditions that the premises shall be held for public use, resort, and recreation; shall be inalienable for all time;

- leases of, may be

But leases not exceeding ten years may be granted for portions of said premises, all incomes derived from leases or privileges to be ex- granted. pended in the preservation and improvement of the property, or the roads leading thereto;

The premises to be managed by the said corporate authorities, or such management of. commissioners as they may elect, and who shall receive no compensation for their services. [June 9, 1880.]

CHAPTER 171.

AN ACT TO CONFIRM CERTAIN ENTRIES AND WARRANT LOCATIONS IN THE FORMER
PALATKA MILITARY RESERVATION IN FLORIDA.

June 9, 1880.

21 Stat. L., 171.

SECTION

SECTION

1. Lands in Palatka military reservation confirmed to homestead settlers, and State authorized to select other lands in lieu of same.

2.- and to locators of land-warrants, &c.

Be it enacted, &c.

reservation confirmed to

[SECTION 1], That in all cases in which lands lying within the limits Lands in Palatka of the former Palatka military reservation in Florida have been entered military by settlers under the homestead laws, and their entries are found to homestead settlers, conflict with selections by the State of Florida under the grant of and State authorswamp lands by act of Congress of September twenty-eighth, eighteen ized to select other hundred and fifty, which are confirmed by the act of March third, lands in lieu of eighteen hundred and fifty-seven, and in which said settlers have in 1850, ch. 84 (9 good faith complied with the requirements of the homestead laws, their Stat. L., 519). entries be, and the same are hereby, confirmed, on the State filing with 1857, ch. 117 (11 the Commissioner of the General Land Office its relinquishment of all Stat. L., 251). claim thereto;

And the State shall thereupon be entitled to select in lieu thereof an equal quantity of land from any of the vacant and unappropriated public lands of the United States in Florida, and patents shall be issued to the State for the lands so selected in lieu of the tracts taken by the settlers.

same.

&c.

and to locators

SEC. 2. That in all cases in which lands lying within said reservation have been entered at private entry or located by military land-war- of land-warrants, rants, and which conflict with said selections, the same are also hereby confirmed on the State relinquishing all claim thereto, and the State shall thereupon be entitled to indemnity in the same manner as indicated in the first section of this act. [June 9, 1880.]

June 10, 1880.

21 Stat. L., 172.

Cotton cordage may be introduced into naval service to test value, &c.

CHAPTER 186.

AN ACT AUTHORIZING THE SECRETARY OF THE NAVY TO INTRODUCE COTTON CORD-
AGE INTO THE NAVAL SERVICE OF THE UNITED STATES.

Cotton cordage may be introduced into naval service to test value, &c.

Be it enacted, &c., That the Secretary of the Navy be authorized and directed to introduce into the naval service rope and cordage manufactured of cotton according to the recent methods to such an extent as will furnish a fair test of the value and efficiency thereof as compared with the kinds now in use:

Provided however, That no person shall have any claim whatever against the United States or any department thereof or receive any compensation therefor. [June 10, 1880.]

June 10, 1880.

21 Stat. L., 172.

Forts Abercrom

CHAPTER 187.

AN ACT ABOLISHING THE MILITARY RESERVATIONS OF FORT ABERCROMBIE, FORT
SEWARD, AND FORT RANSOM, ALL IN THE TERRITORY OF DAKOTA, AND AUTHOR-
IZING THE SECRETARY OF THE INTERIOR TO HAVE THE LANDS EMBRACED THEREIN
SURVEYED AND MADE SUBJECT TO HOMESTEAD AND PRE-EMPTION ENTRY AND
SALE, THE SAME AS OTHER PUBLIC LANDS.

Present occupiers; date of settlement.

Forts Abercrombie, Seward, and Ransom, in Da-
kota, abolished, and lands open to homestead -to have lines conform to surveys.
and pre-emption.

Be it enacted, &c., That the military reservations of Fort Abercrombie, Seward, and bie, Fort Seward, and Fort Ransom, all in the Territory of Dakota, be, Ransom, in Dakoand the same are hereby, abolished, and the Secretary of the Interior ta, abolished, and lands open to is hereby authorized to have the lands embraced therein surveyed and homestead and made subject to homestead and pre-emption entry and sale, the same pre-emption. as other public lands: R. S., § 22572317.

Present occu

tlement.

Provided, The rights of all actual settlers, entitled to the benefits of piers; date of set- the homestead and pre-emption laws of the United States, who now occupy in good faith any portion of the land embraced within any of said reservations, shall date from the day of their actual settlement thereon; and in perfecting their titles thereto under the homestead or pre-emption laws, the time such settlers have occupied and improved their said lands shall be allowed:

-to have lines

Provided further, That when the lands embraced in said reservations, conform to sur- shall be surveyed, the claims of all such actual settlers shall be made to conform to the lines of the government survey. June 10, 1880.]

veys.

CHAPTER 189.

June 10, 1880.

21 Stat. L., 173.

Compensation of night inspectors of

customs.

AN ACT TO REGULATE THE COMPENSATION OF NIGHT INSPECTORS OF CUSTOMS.
SECTION
SECTION

1. Compensation of night inspectors of customs 2. Repeal.

may be increased.

Be it enacted, &c.

[SECTION 1], That hereafter the compensation to inspectors of customs employed under existing law for service at night may be increased by the Secretrary of the Treasury at such ports as he may think it adR. S., §§ 2733, visable so to do to a sum not exceeding three dollars for each night's service.

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SEC. 2. That all acts or part of acts being inconsistent with the above act are hereby repealed. June 10, 1880.]

CHAPTER 190.

AN ACT TO AMEND THE STATUTES IN RELATION TO IMMEDIATE TRANSPORTATION OF
DUTIABLE GOODS, AND FOR OTHER PURPOSES.

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June 10, 1880.

21 Stat. L., 173.

Ports of arrival

[SECTION 1], That when any merchandise, other than explosive articles, and articles in bulk not provided for in section four(1) of this act, at which customs imported at the ports of New York, Philadelphia, Boston, Baltimore, made for transporentries may be Portland and Bath, in Maine, Chicago, Port Huron, Detroit, New Or- tation in bond to leans, Norfolk, Charleston Savannah, Mobile, Galveston, Pensacola, inland ports. Florida, Cleveland, Toledo, and San Francisco, shall appear by the in- 16 Opin. Att'yGen., 548. voice or bill of lading and manifest of the importing vessel to be con- 1880, June 14, ch. signed to and destined for either of the ports specified in the seventh 214. section of this act, the collector at the port of arrival shall allow the 1881, Feb. 28, ch. said merchandise to be shipped immediately after the entry prescribed in section two of this act has been made.

92.

1881, March 3, ch. 156.

Record of mer

collector.

SEC. 2. That the collector at the port of first arrival shall retain in his office a permanent record of such merchandise so to be forwarded to the chandise so enport of destination, and such record shall consist of a copy of the invoice tered to be kept by and an entry whereon the duties shall be estimated as closely as possible on the merchandise so shipped, but no oaths shall be required on the said entry.

Such merchandise shall not be subject to appraisement and liquida- Merchandise to tion of duties at the port of first arrival, but shall undergo such exam- be examined at ination as the Secretary of the Treasury shall deem necessary to verify port of arrival, and the invoice; and the same examination and appraisement thereof shall appraised at port be required and had at the port of destination as would have been required at the port of first arrival if such merchandise had been entered for consumption or warehouse at such port.

of destination.

SEC. 3. That such merchandise shall be delivered to and transported to be transportby common carriers, to be designated for this purpose by the Secretary ed by designated common carriers of the Treasury, and to and by none others; and such carriers shall be only. responsible to the United States as common carriers for the safe delivery of such merchandise to the collector at the port of its destination;

And before any such carriers shall be permitted to receive and transport any such merchandise, they shall become bound to the United States in bonds of such form and amount, and with such conditions, not inconsistent with law, and such security as the Secretary of the Treasury shall require.

Bond of carriers.

SEC. 4. That sections twenty eight hundred and fifty-three and twenty- Quadruplicate ineight hundred and fifty-five of the Revised Statutes of the United States voices of merchanbe, and the same are hereby, so amended as to require that all invoices dise intended for transportation in of merchandise imported from any foreign country and intended to be bond inland; how transported without appraisement to any of the ports mentioned in the disposed of. seventh section of this act, shall be made in quadruplicate; R. S., §§ 2853, 2855.

And that the consul, vice-consul, or commercial agent, to whom the same shall be produced, shall certify each of said quadruplicates under his hand and official seal in the manner required by section twenty-eight hundred and fifty-five of the Revised Statutes, and shall then deliver to

NOTE. (1) Four is changed to five by act of June 14, 1880, ch. 214.

no additional fee for.

Merchandise in

the person producing the same two of the quadruplicates, one to be used in making entry at the port of first arrival of the merchandise in the United States, and one to be used in making entry at the port of destination, file another in his office, there to be carefully preserved and as soon as practicable transmit the remaining one to the collector or surveyor of the port of final destination of the merchandise:

Provided, however, That no additional fee shall be collected on account of any service performed under the requirements of this section.

SEC. 5. That merchandise transported under the provisions of this act such case; how and shall be conveyed in cars, vessels, or vehicles securely fastened with locks in what form to be or seals, under the exclusive control of the officers of the customs; transported.

not to be un

And merchandise may also be transported under the provisions of this act by express companies, on passenger trains, in safes and trunks, which shall be of such size, character, and description, and secured in such manner as shall be from time to time prescribed by the Secretary, And in cases where merchandise shall be imported in boxes or packages too large to be included within the safes or trunks so prescribed, such merchandise may be transported, under the provisions of this act, by such express companies, in a separate compartment of the car, secured in such manner as shall from time to time be prescribed by the Secretary of the Treasury;

And merchandise such as pig-iron, spiegel-iron, scrap-iron, iron ore, railroad-iron, and similar articles commonly transported upon platform or flat cars, may be transported, under the provisions of this act, upon such platform or flat cars, and the weight of such merchandise so transported shall be ascertained in all cases before shipment, and ordinary railroad-scales may be used for such purposes;

And inspectors shall be stationed at proper points along the designated routes, or upon any car, vessel, vehicle, or train at the discretion of the Secretary of the Treasury, and at the expense of the companies, respectively.

Such merchandise shall not be unladen or transshipped between the laden between ports of first arrival and final destination, unless authorized by the reg ports of arrival ulations of the Secretary of the Treasury in cases which may arise from and ports of destination. a difference in the gauge of railroads, or from accidents, or from legal intervention, or when by reason of the length of the route the cars, after due inspection by customs officers, shall be considered unsafe or unsuitable to proceed further, or from low water, ice, or other unavoidable obstruction to navigation;

to be transferred

directly from importing vessel to car, &c.

Ports at which

in bond.

And in no case shall there be permitted any breaking of the original packages of such merchandise.

SEC. 6. That merchandise so destined for immediate transportation shall be transferred, under proper supervision, directly from the importing vessel to the car, vessel, or vehicle in which the same is to be transported to its final destination.

SEC. 7. That the privilege of immediate transportation shall extend merchandise may to the ports of New York and Buffalo, in New York; Burlington, in be so transported Vermont; Boston, in Massachusetts; Providence and Newport in Rhode Island; New Haven, Middletown, and Hartford in Connecticut; Philadelphia and Pittsburgh, in Pennsylvania; Baltimore, Crisfield and Annapolis in Maryland; Wilmington, and Seaford, in Delaware; Salem, Massachusetts; Georgetown in the District of Columbia; Norfolk, Richmond and Petersburgh, in Virginia; Wilmington and Newberne, in North Carolina; Charleston and Port Royal, in South Carolina; Savannah and Brunswick, in Georgia; New Orleans, in Louisiana; Portland and Bath, in Maine; Portsmouth, in New Hampshire; Chicago, Cairo, Alton, and Quincy, in Illinois; Detroit, Port Huron, and Grand Haven in Michigan; Saint Louis, Kansas City, and Saint Joseph in Missouri; Saint Paul, in Minnesota; Cincinnati, Cleveland, and Toledo, in Ohio; Milwaukee, and La Crosse, in Wisconsin; Louisville, in Kentucky; San Francisco, San Diego and Wilmington in California; Portland, in Oregon; Memphis, Nashville and Knoxville, in Tennessee; Mobile, in

Alabama; and Evansville, in Indiana; and Galveston, Houston, Browns-
ville, Corpus Christi, and Indianola, in Texas; Omaha, in Nebraska;
Dubuque, Burlington and Keokuk, in Iowa; Leavenworth, in Kansas;
Tampa Bay, Fernandina, Jacksonville, Cedar Keys, Key West, and
Apalachicola, in Florida:

necessary officers

Provided, That the privilege of transportation herein conferred shall if there be the not extend to any place at which there are not the necessary officers for the appraisement of merchandise and the collection of duties.

SEC. 8. That sections twenty-nine hundred and ninety, twenty-nine hundred and ninety-one, twenty-nine hundred and ninety-two, twentynine hundred and ninety-three, twenty-nine hundred and ninety-four, twenty-nine hundred and ninety-five, twenty-nine hundred and ninetysix, and twenty-nine hundred and ninety-seven of the Revised Statutes be, and the same are hereby, repealed.

there.

Repeal of

R. S., § 2990

2997.

See 1876, March

14, ch. 23.
1878, May 25, ch.

109.

SEC. 9. That no merchandise shall be shipped under the provisions of Merchandise not this act after such merchandise shall have been landed ten days from to be so transportthe importing vessel, and merchandise not entered within such time ed when it has shall be sent to a bonded warehouse by the collector as unclaimed, and days, &c. held until regularly entered and appraised.

SEC. 10. That section twenty-nine hundred and eighty-one of the Revised Statutes be amended so as to read as follows:

been landed ten

how secured.
Substitute for
R. S., § 2981.
16 Opin. Att'y-
Gen., 74.

That whenever the proper officer of the customs shall be duly notified Lien for freight in writing of the existence of a lien for freight upon imported goods, on imported goods; wares or merchandise in his custody, he shall, before delivering such goods, wares, or merchandise to the importer, owner, or consignee thereof, give seasonable notice to the party or parties claiming the lien; And the possession by the officers of customs shall not affect the discharge of such lien, under such regulations as the Secretary of the Treasury may prescribe; and such officer may refuse the delivery of such merchandise from any public or bonded warehouse or other place in which the same shall be deposited, until proof to his satisfaction shall be produced that the freight thereon has been paid or secured;

But the rights of the United States shall not be prejudiced thereby, nor shall the United States or its officers be in any manner liable for losses consequent upon such refusal to deliver.

If merchandise so subject to a lien regarding which notice has been When goods subfiled, shall be forfeited to the United States and sold, the freight due ject to lien are sold thereon shall be paid from the proceeds of such sale in the same man- freight to be paid. by United States, ner as other charges and expenses authorized by law to be paid therefrom are paid.

SEC. 11. That this act shall take effect and be in force from and after Act to take effect the first day of July, anno Domini eighteen hundred and eighty. [June after 1st July, 10, 1880.]

1880.

CHAPTER 203:

AN ACT TO ESTABLISH A DISTRICT AND CIRCUIT COURT AT CHATTANOOGA TENNES-
SEE, AND TO ADD THE COUNTY OF GRUNDY TO THE EASTERN DISTRICT OF TEN-
NESSEE.

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June 11, 1880.

21 Stat. L., 751.

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