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any fraudulent means, shall be liable to pay any damages sustained in consequence thereof to the injured party, to be recovered in an action
on the case
Former rights SEC. 10. That nothing in this act shall prevent, lessen, impeach, or and remedies pre- avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the provisions of this act had not been passed.
Saving as to SEC. 11. That nothing in this act shall be construed as unfavorably rights after expi- affecting a claim to a trade-mark after the term of registration shall ration of term. have expired; nor to give cognizance to any court of the United States in an action or suit between citizens of the same State, unless the trademark in controversy is used on goods intended to be transported to a foreign country, or in lawful commercial intercourse with an Indian tribe.
Regulations for transfer of rights.
SEC. 12. That the Commissioner of Patents is authorized to make rules and regulations and prescribe forms for the transfer of the right to use trade-marks and for recording such transfers in his office. SEC. 13. That citizens and residents of this country wishing the proforeign countries tection of trade-marks in any foreign country, the laws of which require may be registered registration here as a condition precedent to getting such protection there, may register their trade-marks for that purpose as is above allowed to foreigners, and have certificate thereof from the Patent Office. [March 3, 1881.]
March 3, 1881. 21 Stat. L., 504.
Court of Claims
7 Stat. L., 210, 234, 333.
AN ACT FOR THE ASCERTAINMENT OF THE AMOUNT DUE THE CHOCTAW NATION. SECTION
1. Court of Claims to have jurisdiction of Choc-
Whereas, the Choctaw Nation, for itself and in behalf of individual members thereof, makes claim against the United States on account of various treaty provisions which it is alleged have not been complied with: Therefore,
Be it enacted, &c.
[SECTION 1], That the Court of Claims is hereby authorized to take to have jurisdic- jurisdiction of and try all questions of difference arising out of treaty tion of Choctaw stipulations with the Choctaw Nation, and to render judgment thereon; power is hereby granted the said court to review the entire question of differences de novo, and it shall not be estopped by any action had or award made by the Senate of the United States in pursuance of the treaty of eighteen hundred and fifty-five; and the Attorney-General is hereby directed to appear in behalf of the government; and if said court shall decide against the United States the Attorney-General shall, within thirty days from the rendition of judgment, appeal the cause to the Supreme Court of the United States; and from any judg ment that may be rendered, the said Choctaw Nation may also appeal to said Supreme Court:
11 Stat. L., 611. 14 Stat. L., 769.
Right of appeal.
Action; how commenced.
Provided, The appeal of said Choctaw Nation shall be taken within sixty days after the rendition of said judgment, and the said courts shall give such cause precedence.
SEC. 2. Said action shall be commenced by a petition stating the facts on which said nation claims to recover and the amount of its claim; and said petition may be verified by either of the authorized delegates of said nation as to the existence of such facts, and no other statements need be contained in said petition or verification. [March 3, 1881.]
AN ACT TO AMEND SECTION TWENTY-THREE HUNDRED AND TWENTY-SIX OF THE RE-
March 3, 1881.
21 Stat. L., 505.
Be it enacted, &c., That if, in any action brought pursuant to section Controversies in twenty-three hundred and twenty-six of the Revised Statutes, title to mining claims; the ground in controversy shall not be established by either party, the jury to find fact as jury shall so find, and judgment shall be entered according to the ver dict.
In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land-office or be entitled to a patent for the ground in controversy until he shall have perfected his title [March 3, 1881.]
to title, &c.
R. S., § 2326.
No costs allowed.
AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO ENCOURAGE THE ESTABLISHMENT
March 3, 1881.
21 Stat. L., 505.
Vessels for pub
at additional ports
Vessels for marine schools at additional ports to be furnished by Secretary of Navy. Be it enacted, &c., That the act entitled "An act to encourage the establishment of public marine schools", approved June twentieth, eight. lic marine schools een hundred and seventy-four, be, and the same is, amended so that it to be furnished by shall extend to the ports of Wilmington, Charleston, Savannah, Mobile, Secretary of Navy. New Orleans, Baton Rouge, Galveston, and in Narragansett Bay. [March R. S., 417. 3, 1881.] 1874, June 20, ch. 339.
AN ACT TO AUTHORIZE THE SECRETARY OF THE TREASURY TO SELL CERTAIN REAL
March 3, 1881.
21 Stat. L., 505.
Whereas, the United States heretofore through the intervention of trustees acquired title for debt to certain real estate situate in and near the city of Vincennes, in the county of Knox, and State of Indiana, described as fol- ment lands in Vinlows: The southeast half of lot number one and the whole of lot number cennes,. eight in Harrison's addition to the borough, now city, of Vincennes, and also survey number five in upper prairie surveys, in township three north, range ten west, containing eighty-two acres and eighty-one hundredths of an acre, known as the "Steam Mill Tract", and situate in Knox County, Indiana; and
Whereas the said eighty-two and eighty-one hundredths acre tract of land consists of a strip of about twenty-six rods in width commencing on the Wabash River, thence running in a southerly direction through said city of Vincennes and far beyond its limits; that said city has been built up on both sides of said land and its streets abut thereon, said city not having the legal right to lay out and improve her streets through the same; in consequence whereof that part of said city through which said land is located has been greatly hindered and obstructed in its growth; and
Whereas said city is in great need of a public park, and as the portion
Survey to be made.
Sale of land.
of said survey which lies between the northern line of the extension of Fourth street through said land, and the Wabash River, can be improved and made suitable for such public park: Therefore,
Be it enacted, &c.
[SECTION 1], That the Secretary of the Treasury shall, as soon practicable, after the passage of this act, cause a survey to be made extending said Fourth street of said city of Vincennes through said survey or tract of land, and shall establish the boundaries thereof on said land. And he shall then cause a survey to be made of all that part of said survey or land which lies between the southern boundary of said Fourth street, established as aforesaid, and the southern boundary or limit of said city; except so much thereof as is now occupied by the Ohio and Mississippi Railway Company, the Evansville and Terre Haute, and the Indianapolis and Vincennes Railroad Companies, with their respective road-beds and tracks, and shall cause the same to be laid off into streets, alleys, blocks, and lots, so as to conform to the streets, alleys, blocks, and lots of said city as near as practicable; and shall cause a plat of said streets, alleys, blocks, and lots to be made, and cause a duly certified copy of the same to be filed in the office of the clerk of said city, and cause the same to be appraised at its fair cash value.
And he shall cause that part of said survey or land lying south of the southern boundary or limits of said city to be laid off into five acre lots as near as may be; and after giving three weeks' notice of the time, place, and terms of sale in the public newspapers, one of which shall be published in said city, he shall on the premises, offer each of said lots, including said five acre lots and the southeast half of lot number one and the whole of lot number eight in said Harrison's addition to said city, for sale separately at public auction, and shall sell the same to the highest and best bidder for cash, at not less than the appraised value; and he shall on payment of the purchase-money, execute to the purchasers all needful conveyances for the same, and after deducting all the necessary expenses incurred in making said surveys and sales the remainder of the proceeds shall be covered into the Treasury.
Land for public SEC. 2. That the title to all that part of said survey number five which park in city of lies between the northern boundary of said Fourth street and the Wabash Vincennes. River is hereby vested in the city of Vincennes for a public park, to be used for that purpose and none other. [March 3, 1881.] ·
March 3, 1881.
21 Stat. L., 506.
Lands of Fort Ridgely reserva
AN ACT TO AMEND CHAPTER ONE HUNDRED AND NINETY-EIGHT, VOLUME SIXTEEN,
Lands of Fort Ridgely reservation to be open to homestead and timber-culture entry, &c. Be it enacted, &c., That chapter one hundred and ninety eight, volume tion to be open to sixteen, of the Statutes at Large, being an act for the disposal of the homestead and lands within the Fort Ridgely military reservation, Minnesota, be amendtimber-culture en- ed by adding thereto a new section:
"SEC. 4. All lands within the limits of the said reservation and not
1870, ch. 198 (16 embracing any government improvements, shall be open to homestead settlement and timber-culture entry as other public lands in Minnesota from and after the passage of this act:
Stat. L., 187).
1876, May 20, ch. 102.
1878, June 14, ch.
Provided, That all persons now residing on any of said lands, or who have filed on any of the lands of said reservation as bona fide settlers, shall have sixty days from and after the passage of this act to refile on the same tract as homestead or tree culture entry, and shall have a preference over all other persons as to the tracts so settled on by them. And all persons who were allowed to preempt any of said lands, and who have paid for the same at the rate of one dollar and twenty-five cents per acre shall be entitled to a patent for the same." [March 3, 1881.]
AN ACT TO DIVIDE THE STATE OF LOUISIANA INTO TWO JUDICIAL DISTRICTS.
March 3, 1881.
21 Stat. L., 507.
[SECTION 1], That the parishes of Caddo, Bossier, Webster, Claiborne, Union, Morehouse, West Carroll, East Carroll, Madison, Richland, Oua- ed into two judichita, Lincoln, Bienville, Red River, De Soto, Sabine, Winn, Natchito. cial districts. ches, Jackson, Caldwell, Franklin, Tensas, Concordia, Catahoula, Grant, Vernon, Rapides, Avoyelles, Saint Landry, La Fayette, Saint Martin's, Vermillion, Cameron, and Calcasieu, in the State of Louisiana, shall constitute, and is hereby created, the western judicial district in that State; And the district court now existing in Louisiana shall, from and after the passage of this act, be known as the district court for the eastern district of Louisiana, and all the parishes in said State not above named shall belong to said district.
Suits; in which
SEC. 2. That all suits not of a local nature in the circuit and district courts against a single defendant, inhabitant of said State, must be district to be brought in the district where he resides, but if there are two or more brought. defendants, residing in different districts, such suits may be brought in
SEC. 3. That all prosecutions for crimes or offenses hereafter committed in either of said districts shall be cognizable within such district; crimes; where triand all prosecutions for crimes or offenses heretofore committed in the able. district of Louisiana shall be commenced and proceeded with as if this act had not been passed.
SEC. 4. That all civil suits in law or equity which have arisen in the parishes composing said western district, or against persons residing therein, or concerning lands situated therein, and now pending, together with all process, writs, recognizances, and records belonging thereto, shall, with the consent of all the parties, be transferred to said western district. SEC. 5. That there shall be held semi annually in said district two stated sessions of the district and circuit courts, at each of the following places, to wit:
At Opelousas, on the first Mondays of January and June;
At Monroe, on the first Mondays of April and October.
Suits pending may be removed to western district.
Places and terms of courts. R. S., §§ 572, 658.
Judge for west
SEC. 6. That a person learned in the law shall be appointed by the President of the United States, by and with the advice and consent of the ern district; salaSenate, district judge thereof, with a salary of three thousand five hun- ry, &c. dred dollars per annum, payable quarterly, and with the same powers and duties as the district judge of the United States for the district of Louisiana as it now exists, and such as are conferred on him, or required of him, by this act.
And the said judge shall appoint a clerk of the district court in the western district, and a clerk of the circuit court for said district shall be appointed in the same manner as other such clerks are appointed, and who shall receive for the services performed by them the same fees and compensation that are allowed to the clerks of such courts holding their sessions in New Orleans, in the same State, and shall be subject in every respect to the same restrictions and responsibilities.
And the district and circuit courts for the eastern district of Louisiana shall be held in new Orleans, as heretofore.
And it shall be the duty of the clerks of the district and circuit courts of the United States in New Orleans, whenever the courts shall so order, to transmit, by some safe conveyance, or to deliver to the clerks of the
Courts to be held
at New Orleans as heretofore.
Transfer of papers in cases belonging to western district.
court in the western district, or their order, the original papers in all such cases as properly belong to the court in the western district by the provisions of this act, together with a transcript of the proceedings had therein.
SEC. 7. That the President of the United States, by and with the advice and consent of the Senate, be, and hereby is, authorized to appoint one person as marshal and one as district attorney for the said western district of the United States within the State of Louisiana created by this act;
And that the terms of appointment and service together with the duties and responsibilities of the said marshal and district attorney, respectively, for the district aforesaid shall be in all respects the same within their said district as the terms of appointment and services, the duties, and responsibilities of the marshal and district attorney, respectively, of the eastern district of the State of Louisiana [March 3, 1881.]
March 3, 1881. 21 Stat. L., 508.
Title of land in
AN ACT CONFIRMING AND VESTING THE TITLE TO A CERTAIN TRACT OF LAND IN
Whereas, it is claimed that the word "west" after the words "Valley street" in the act confirming the title to a tract of land in the city of Burlington Iowa", approved July fourth, eighteen and sixty-eight (volume fif teen, page eighty two, United States Statutes at Large), is a clerical error, and that the word "east" should be inserted in lieu thereof: Therefore in order to properly confirm the title to the lot which was intended to be confirmed by such act,
Be it enacted, &c., That the act entitled "An act confirming the title to a tract of land in Burlington Iowa" approved July fourth, eighteen vested in the hundred and sixty eight, be, and the same is hereby, amended so as to read as follows:
school district for school purposes, &c.
1868, ch. 131 (15 Stat. L., 82).
That all of the title of the United States in and to a certain tract of land in the city of Burlington, Des Moines County, in the State of Iowa, described as being west of lot number nine hundred and seventy-eight in said city, south of Valley street, east of Boundary street, and north of Market street, as laid down on the plat of said city certified under the act of Congress of March third, eighteen hundred and thirty seven, by William W. Conell and George Cubbage, commissioners, and now on file in the General Land Office, and which was originally reserved from sale by the United States and dedicated to public burial purposes, be, and the same is hereby confirmed to and vested in the "independent school district" of said city, to be forever dedicated to and used by said school district for public school purposes, and for no other purpose whatsoever. [March 3, 1881.]
March 3, 1881.
21 Stat. L., 508.
land district, Kan-
ed., p. 409.
AN ACT TO ESTABLISH AN ADDITIONAL LAND DISTRICT IN THE STATE OF KANSAS.
1. Southwestern land district, Kansas, estab-
Be it enacted, &c.
2. Register and receiver.
3. Business of old districts confirmed.
[SECTION 1], That the following described territory in the State of Kansas, to wit: commencing at the southeast corner of township thirtyfive, south range thirty-one west of the sixth principal meridian on the south boundary of the State of Kansas; thence west on said southern