CHAPTER 392. AN ACT FOR THE BETTER GOVERNMENT OF THE NAVY OF THE UNITED STATES. June 22, 1874. 18 Stat. L., 191. Be it enacted, &c. [SECTION 1], That on and after the passage of this act, any officer of Navy officers the Navy who may be promoted in course to fill a vacancy in the next promoted, to have higher grade shall be entitled to the pay of the grade to which promoted pay of grade from from the date he takes rank therein, if it be subsequent to the vacancy R. S., §§ 1495, he is appointed to fill. date of rank. 1507. and of court-martial SEC. 2. That the accounting officers of the Treasury be, and are dismissed hereby, prohibited from making any allowance to any officer of the restored by finding Navy who has been, or may hereafter be, dismissed from the service and not to have more restored to the same under the provisions of the twelfth section of the than six months' act of March third, eighteen hundred and sixty-five, entitled (1) "An act back pay. to amend the several acts heretofore passed to provide for the enrolling R. S., § 1624, art. and calling out the national forces, and for other purposes", to exceed 37, 2d. ed., p. 282. more than pay as on leave for six months from the date of dismissal, Gen., 569. unless it shall appear that the officer demanded in writing, addressed to the Secretary of the Navy, and continued to demand as often as once in six months, a trial as provided for in said act. 15 Opin. Att'y SEC. 3. That so much of the act entitled (1) "An act to authorize the Cadet-engineers, Secretary of the Navy to provide for the education of naval construct- not exceeding ors and steam-engineers, and for other purposes", approved July fourthi, appointed autwenty-five, to be eighteen hundred and sixty-four", as provides that cadet-engineers, not nually by Secreto exceed fifty in number, shall be appointed by the Secretary of the tary of Navy. Navy, is hereby repealed; and cadet-engineers shall hereafter be ap- R. S., § 1523. pointed annually by the Secretary of the Navy, and the number appointed each year shall not exceed twenty-five; and that all acts or parts of acts inconsistent with the provisions of this act be, and the same are hereby repealed. [June 22, 1874.] NOTE. (1) The provisions of the acts of 1864, ch. 252, aud 1865, ch. 79, § 12 (13 Stat. L., 393, 489), here referred to, are incorporated in the Revised Statutes in the sections noted in the margin. CHAPTER 393. AN ACT TO REPEAL SO MUCH OF THE ACT APPROVED MAY EIGHT, EIGHTEEN HUN SECTION 1. Authority for employment of persons by Secretary of Treasury to discover and collect public money withheld repealed, &c. Be it enacted, &c. SECTION 2. Claims under existing contracts not to be en- June 22, 1874. 18 Stat. L., 192. [SECTION 1], That so much of the act entitled (1) "An act making Authority for appropriations for the legislative, executive, and judicial expenses of employment of persons by Secretary the Government for the year ending June thirtieth, eighteen hundred of Treasury to disand seventy-three, and for other purposes," approved May eighth, eight- cover and collect een hundred and seventy-two, as provides for the employment by the public money withSecretary of the Treasury, of not more than three persons to assist the held, repealed, &c. R. S., § 256. proper officers of the Government in discovering and collecting any 15 Opin. Att'y money belonging to the United States when the same shall be withheld Gen., NOTE.-(1) The provisions of the act of 1872, ch. 69 (17 Stat. L., 68, 69), are incorporated into the Revised Statutes in the section noted in the margin. 133. Claims under ex by any person or corporation, be, and the same is hereby, repealed; and the Secretary of the Treasury is hereby directed to revoke and annul all contracts for the collection of such taxes made under and by authority of said act. SEC. 2. That the Court of Claims shall have no authority to consider isting contracts or decide upon any claims for damages by reason of the discontinuance not to be enforced. of the contracts aforesaid, or for any profits or per-centages under them. [June 22, 1874.] CHAPTER 394. Certain entries AN ACT TO LEGALIZE ENTRIES OF PUBLIC LANDS UNDER THE HOMESTEAD LAWS IN Certain entries of public lands not made in strict Adverse right not impaired, &c. Be it enacted, &c., That in all cases of entries of public lands heretoof public lands not fore made under the act entitled (1) "An act to secure homesteads to made in strict con- actual settlers on the public domain," approved May twentieth, eighteen formity to homestead laws, legalhundred and sixty-two, where the affidavit required by section two of ized. said act was made before the clerk of the county of the residence of the R. S., §§ 2290-person making the entry, without having first made the settlement and improvement required by the provisions of section three of the act entitled (1) "An act amendatory of the homestead law, and for other purposes," approved March twenty first, eighteen hundred and sixty-four, said affidavits be, and the same are hereby, legalized and confirmed, so as to have the same force and validity as if the provisions of said lastnamed act had been strictly complied with: 2294. Provided, That nothing in this act shall have the effect or be construed to impair the valid and paramount adverse rights of any person or corporation to any of such lands, except in so far as the right of Congress to protect the claims or rights of homestead settlers upon lands within the limits of grants of lands to any railroad company may have been reserved in the acts making such grants and be now lawfully existing. [June 22, 1874.] NOTE.-(1) The provisions of the act of 1862, ch. 75 (12 Stat. L., 392), and of the act of 1864, ch. 38 (13 June 22, 1874. 18 Stat. L., 193. Claims for horses not to be denied CHAPTER 395. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE PAYMENT OF [SECTION 1], That the first section of the act of March third, eight-. lost by officers in een hundred and forty-nine, (1) providing for the payment for horses military service and equipments lost by officers or enlisted men in the military service, because horses shall not be construed to deny payment to such officers or enlisted men, were purchased in for horses which may have been purchased by them in States in insurStates in insurrec- rection; and payment in any case shall not be refused where the loss resulted from any exigency or necessity of the military service, unless tion. R. S., § 3482. See Thomas's case, 16 Ct. Cls., it was caused by the fault or negligence of such officers or enlisted men. NOTE. (1) The section of the act of 1849, ch. 129 (9 Stat. L., 414), here referred to, is incorporated into Revised Statutes, § 3482, noted in the margin. SEC. 2. That no claims under said section or this amendment thereto -not to be allowed unless preshall be considered unless presented prior to the first day of January, sented before Janeighteen hundred and seventy-six. [June 22, 1874.] uary, 1876. CHAPTER 396. AN ACT CONFERRING JURISDICTION UPON THE CRIMINAL COURT OF THE DISTRICT OF SECTION 1. District of Columbia; criminal-court jurisdiction. Be it enacted, &c. SECTION 2. courts in, to have power to cause arrests, June 22, 1874. 18 Stat. L., 193. District of Co [SECTION 1], That the criminal court of the District of Columbia shall have jurisdiction of all crimes and misdemeanors committed in lumbia; criminalsaid District, not lawfully triable in any other court, and which are required by law to be prosecuted by indictment or information. SEC. 2. That (1) the provisions of the thirty-third section of the judiciary act of seventeen hundred and eighty-nine shall apply to courts created by act of Congress in the District of Columbia. [June 22, 1874.] NOTE.-(1) The provisions here referred to, of the judiciary act of 1789, ch. 20, § 33 (1 Stat. L., 91), are incorporated into Revised Statutes, §§ 727, 879, 1014, 1015, 1016. court jurisdiction. R. S., vol. 2 Dist. Col., 760-771, 1049. courts in, to have power to cause arR. S., vol. 2 Dist. rests, take bail, &c. Col., §§ 760-771, 1049, 1050. CHAPTER 397. AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO ESTABLISH A WESTERN JUDI- Marshal for western district of North Carolina. Be it enacted, &c., That (1) section eight of the act of June fourth, eighteen hundred and seventy-two entitled "An act to establish a western judicial district of North Carolina," be amended by adding thereto the following: "There shall also be appointed a marshal of the United States for said western district of North Carolina, who shall be entitled to a salary of two hundred dollars per annum; payment to be made quarterly out of the Treasury of the United States, and in addition thereto the fees of office affixed by law. [June 22, 1874.] NOTE.-(1) Section 8 of act of 1872, ch. 282 (17 Stat. L., 217), provided only for the appointment of a judge and district attorney. CHAPTER 398. AN ACT TO ADMIT FREE OF DUTY MERCHANDISE SUNK FOR TWO YEARS AND AFTER WARD RECOVERED. Merchandise in vessels sunken two years and abandoned, when raised may be admitted duty free. June 22, 1874. 18 Stat. L., 194. years and aban Be it enacted, &c., That whenever any ship or vessel, laden with mer- Merchandise in chandise in whole or in part subject to duty, shall have been sunk in vessels sunken two any river, harbor, bay, or waters subject to the jurisdiction of the United doned, when raised States and within its limits, and shall have remained so sunk for the may be admitted period of not less than two years, and shall be abandoned by the owners duty free. thereof, any person or persons, who may raise any portion of the cargo R. S., § 2507. of such ship or vessel, shall be permitted to bring the merchandise so recovered into the port nearest to the place where such ship or vessel was so sunk free from the payment of any duty thereupon, and without being obliged to enter the same at the custom house, under such rules and regulations as the Secretary of the Treasury may prescribe. [June 22, 1874.] June 22, 1874. 18 Stat. L., 194. Savings banks CHAPTER 399. AN ACT FOR THE RELIEF OF SAVINGS INSTITUTIONS HAVING NO CAPITAL STOCK, AND Savings banks having no capital stock, &c., exempt from internal revenue tax. Be it enacted, &c., That no farther collection of internal revenue taxes having no capital shall be made on the earnings of savings banks or institutions for saystock, &c., exempt from 'internal-rev-ings, having no capital stock and doing no other business than receiving deposits to be loaned or invested for the sole benefit of the parties making such deposits, without profit or compensation to the association 1874, June 18, or company, whether the earnings of the same have been or may here1879, March 1, after be divided annually, semi-annually or at other periods. [June 22, 1874.] enue tax. R. S., § 3408. ch. 304. ch. 125, § 22. CHAPTER 400. June 22, 1874. 18 Stat. L., 194. lands in their AN ACT FOR THE RELIEF OF SETTLERS ON RAILROAD LANDS. Railroad companies relinquishing lands in their Title of settlers may be perfected. Grants to companies not enlarged. Act not to be construed as confirming certain decisions of Interior Department. Railroad compaBe it enacted, &c., That in the adjustment of all railroad land grants, nies relinquishing whether made directly to any railroad company or to any State for railgrants entered for road purposes, if any of the lands granted be found in the possession pre-emption or of an actual settler whose entry or filing has been allowed under the homestead may se- pre-emption or homestead laws of the United States subsequent to the lect other lands in time at which, by the decision of the land-office, the right of said road R. S., § 2259, was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitled to select an equal quantity of other lands in lieu thereof from any of the public lands not mineral and within the limits of the grant not otherwise appropriated at the date of selection, to which they shall receive title the same as though originally granted. lien thereof. 2269. Title of settlers Grant to companies not larged. Act not to be construed as con And any such entries or filings thus relieved from conflict may be may be perfected. perfected into complete title as if such lands had not been granted: Provided, That nothing herein contained shall in any manner be so en- construed as to enlarge or extend any grant to any such railroad or to extend to lands reserved in any land grant made for railroad purposes: And provided further, That this act shall not be construed so as in any firming certain de- manner to confirm or legalize any decision or ruling of the Interior Decisions of Interior partment under which lands have been certified to any railroad comDepartment. pany when such lands have been entered by a pre-emption or homestead settler after the location of the line of the road and prior to the notice to the local land-office of the withdrawal of such lands from market. [June 22, 1874.] CHAPTER 401. AN ACT RELATING TO CIRCUIT COURTS OF THE UNITED STATES FOR THE DISTRICTS OF ALABAMA. June 22, 1874. 18 Stat. L., 195. [SECTION 1], That there shall be, and is hereby, established a circuit Circuit court in court of the United States for the middle district of Alabama, as said Alabama; northdistrict is now constituted by law, to be held in the city of Montgomery, ern and middle disand a like court for the northern district of Alabama, as said district is R. S., § 608. now constituted by law, to be held in the city of Huntsville. tricts established. R. S., § 634, 4979, 4986. SEC. 2. That said circuit courts shall have and exercise, within their -powers and jurespective districts, the same original powers and jurisdiction as are or risdiction of. may be conferred by law upon the circuit court of the United States for the southern district of Alabama at Mobile, and shall have and exercise appellate and revisory jurisdiction over the decrees and judgments of the district courts of the United States for the said middle and northern districts, respectively, under the laws of the United States regulating the jurisdiction, powers, and practice of the circuit courts, and the judges thereof, in cases removed into said courts by appeal or writ of error; under bankrupt R. S., §§ 49725132. And said courts, and the judges thereof, shall have the general superintendence and jurisdiction over all cases and questions arising in said law. district courts, respectively, under the act approved March second eighteen hundred and sixty-seven entitled (1) "An act to establish a uniform system of bankruptcy throughout the United States" as is proIvided for in the second section of said act. 1874, ch. 390. 1878, ch. 160. SEC. 3. That there shall be appointed for each of said circuit courts Clerks of; their for said middle and northern districts, by the circuit judge of the circuit, oaths, bonds, dua clerk who shall take the oath and give the bond required by law of ties, and fees. R. S., § 619. clerks of circuit courts, and who shall discharge all the duties and be 1878, June 20, entitled to all the fees and emoluments prescribed by law for clerks of ch. 329, par. 15. circuit courts; And the United States marshals for said middle and northern dis- Marshals and tricts shall, respectively, act as marshals for said circuit courts, and the district attorneys United States district attorney for said districts shall discharge the to act for circuit duties of district attorney in said circuit courts for said middle and R. S., §§ 767, 776. northern districts. courts. SEC. 4. That the clerks of said district courts for said middle and Transfer of orignorthern districts shall transfer to the clerks of the said circuit courts inal dockets, recrespectively all the original dockets, records and files of papers in all ords, and files. common-law and equity causes which might have been brought and would have been originally cognizable in a circuit court, and which were either disposed of or pending in said district courts while the same were vested with circuit-court powers. Circuit court for southern district. R. S., § 608. SEC. 5. That the circuit court of the United States held at Mobile, Alabama, shall be designated and known as the circuit court of the United States for the southern district of Alabama; And its appellate and revisory power, upon appeal or writ of error, appellate and or by bill or petition, or otherwise, under the second section of said act, revisory powers of, entitled (1) "An act to establish a uniform system of bankruptcy through- under bankrupt out the United States" is hereby restricted to judgments and decrees rendred [rendered] or causes and questions arising in the district court of the United States for said southern district; NOTE.-(1) The bankrupt act, 1867, ch. 176 (14 Stat. L., 617) is incorporated in Revised Statutes in the sections noted in the margin, but the whole law is repealed by act of 1878, June 7, ch. 160. law, restricted. |