Certain provis- And that the (2) fourth section of the act approved March third, ions as to appellate eighteen hundred and seventy-three, entitled, "An act relating to the jurisdiction in Al- circuit and district courts of the United States for the middle and northabama repealed. ern districts of Alabama" be, and the same is hereby repealed. R. S., § 634. Terms of circuit and district courts in Alabama. R. S., §§ 572, 658. Certain laws respecting appeals, &c., repealed. R. S., §§ 608, 634. Repeal. SEC. 6. That terms of the circuit and district courts for the several districts of Alabama shall be held as follows: For the southern district, the terms of the circuit and district courts shall commence on the fourth Monday of December and the first Monday of June in each year; For the middle district, on the first Monday of May and the first Monday of November in each year; For the northern district, on the first Monday of April and the second Monday of October in each year. SEC. 7. That (3) the fifth section of the act approved February twentysecond, eighteen hundred and thirty-eight entitled, "An act to abolish the circuit court at Huntsville in the State of Alabama and for other purposes" and the act approved August fourth, eighteen hundred and forty-two, entitled (3) "An act to regulate appeals and writs of error from the district court of the United States for the northern district of Alabama" be and the same are hereby, repealed. SEC. 8. That all laws and parts of laws, inconsistent with the provisions of this act, be and the same are hereby repealed. [June 22, 1874.] NOTES (2) Section 4 of act of 1873, ch. 223 (17 Stat. L., 484), here referred to, is the same as R. S., § 634 noted in the margin. (3) The provisions here referred to, of 1838, ch. 12, § 5, and 1842, ch. 123 (5 Stat. L., 210, 504), are not incorporated into the Revised Statutes, and seem to have been superseded by the act of 1873, ch. 223 (17 Stat. L., 485), as incorporated into the Revised Statutes, §§ 608, 634. June 22, 1874. 18 Stat. L., 196. CHAPTER 402. AN ACT TO CONSTITUTE MONTGOMERY, IN THE STATE OF ALABAMA, A PORT OF DE- Montgomery, Ala., to be port of delivery, and have deputy collector. Be it enacted, &c., That Montgomery, in the State of Alabama, shall Montgomery, be, and is hereby, constituted a port of delivery, within the collectionAla., to be port of district of Mobile; delivery. R. S., § 2564. And there shall be appointed a deputy collector of customs, to reside -to have deputy at said port, who shall receive a salary, to be determined by the Secretary of the Treasury, not exceeding one thousand five hundred dollars R. S., §§ 2564, per annum. [June 22, 1874.] collector. 2565. CHAPTER 405. June 22, 1874. 18 Stat. L., 197. AN ACT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS THE MISSISSIPPI Bridge across Mississippi River, between La - subject to provisions of former act. -works for security, &c., of, to be constructed. Not more than $3 a car to be charged for trans portation of freight-cars. Text of former act in note. Bridge across Be it enacted, &c., That the Milwaukee and Saint Paul Railway ComMississippi River between LaCrosse, pany may construct and maintain a bridge across the Mississippi River Wis., and Houston, at a point heretofore selected by said company between the county of La Crosse, in the State of Wisconsin, and the county of Houston, in the State of Minnesota: Minn. Provided, That the Secretary of War shall convene a board of engineer officers, whose duty it shall be to ascertain and report whether a bridge at the location selected by said company can be constructed and maintained without material interference with the security and convenience of navigation of said river at that point, and shall also ascertain and report what accessory works it will be necessary to construct and maintain to secure the best practicable straight channel-way for navigation of said river at and near that point; the board shall further determine the necessary height of said bridge, the location of its piers, and make such recommendations for the security and convenience of navigation as may be deemed essential and proper; and that upon the approval of the report and recommendations of the board by the Secretary of [of] War, the said company, upon being so notified, may proceed to construct said bridge in accordance with said report and recommendations, Subject to the provisions and limitations of the act entitled (1) "An Bridge subject to act to authorize the construction of a bridge across the Mississippi River provisions of act of at or near the town of Clinton, in the State of Iowa, and other bridges (1) 1872, ch. 73. across said river, and to establish them as post-roads," approved April first, eighteen hundred and seventy-two: And provided further, That said company shall construct and main--works for secutain all the accessary works found to be necessary as herein before pro- rity, &c., of, to be vided, for the security and convenience of navigation at their own constructed. expense, and subject to such supervision as the Secretary of War may prescribe, and that until the said works shall have been constructed to the satisfaction of the Secretary of War, and are approved by him, the superstructure of the bridge shall not be commenced: And provided further, That this act shall not be so construed as to relieve said company from the provisions of any existing laws, except as to the location and height of said bridge: And provided further, That said company shall not charge more than three dollars a car for each freight-car transported across said bridge. [June 22, 1874.] NOTE. (1) The provisions of the act of 1872, ch. 73 (17 Stat. L., 45), here referred to, which are general, public, and of continuing interest, are as follows: spans; * * Not more than $3 a car to be charged for transportation of freight-cars. Draws to be opened promptly. SEC. 2. Any bridge built under the provisions of this act may, at the option of the company building the same, be built as a drawbridge, with a pivot or other form of draw, or with unbroken or continuous said draw shall be opened promptly, upon reasonable signal for the passage of boats. SEC. 3. Any bridge constructed under this act, and according to its limitations, shall be a lawful Bridge to be poststructure, and shall be known and recognized as a post-route, upon which, also, no higher charge shall route, and charges for be made for the transmission over the same of the mails, the troops and the munitions of war of the government transporUnited States than the rate per mile paid for their transportation over the railroads and public high- tation over limited. ways leading to the said bridge, and the United States shall have the right of way for postal-telegraph purposes across said bridge. SEC. 4. All railway companies desiring to use the said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War, upon hearing the allegations and proofs of the parties in case they shall not agree. SEC. 5. (2) The structure herein authorized shall be built and located under and subject to such regulations for the security of navigation of said river as the Secretary of War shall prescribe, And the said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and the said structure shall be changed at the cost and expense of the owners thereof, from time to time as Congress may direct, so as to preserve the free and convenient navigation of said river. And the anthority to erect and continue said bridge shall be subject to revocation, modification by law whenever the public good shall in the judgment of Congress so require, without any expense or charge to the United States. NOTE. (2) This section is made applicable to all bridges thereafter built over the Mississippi River, by act of 1872, ch. 281 (17 Stat. L., 215).[ All railroad compa nies to have equal rights of passage, &c. Regulations for security of navigation to be prescribed by Secretary of War. Rights may be revoked-1872, ch. 181. CHAPTER 409. AN ACT RELINQUISHING THE RIGHTS OF THE UNITED STATES IN CERTAIN LANDS IN Certain land in Saginaw River relinquished to riparian owners. June 22, 1874. 18 Stat. L., 198. Certain land in Be it enacted, &c., That all rights and title of the United States to the middle ground or island in the Saginaw River, lying within the prescribed Saginaw River relimits of fractional section five, in township thirteen north, of range five linquished to ripaeast, and sections twenty-nine and thirty-two, in township fourteen north, rian owners. of range five east, in the State of Michigan, are hereby relinquished to the riparian owners respectively of the lands on the shores of said river in front of or opposite to said island, saving and reserving to all persons or parties other than the United States any legal rights acquired therein: Provided, That this act shall not be construed or held to imply a claim of title on the part of the United States to said middle ground, but only as a relinquishment of any apparent right therein to the persons respectively to whom the lands on said shores were patented, their heirs and assigns: Provided further, That nothing contained in this act shall be construed to affect in any manner the rights of Stephen Marston, one of the proprietors and occupants of said middle ground. [June 22, 1874.] June 22, 1874. 18 Stat. L., 200. Secretary of War able ordnance stores. CHAPTER 413. AN ACT AUTHORIZING THE SECRETARY OF WAR TO SELL UNSERVICEABLE ORDNANCE Secretary of War to sell unserviceable ordnance stores. Be it enacted, &c., That from and after the passage of this act the Secto sell unservice- retary of War be, and he is hereby, authorized and directed to be caused to be sold in such manner, and at such times and places, and in such R. S., §§ 3618, quantities, as shall most conduce to the interest of the United States, all 3672, 3692. obsolete and unserviceable ammunition and leader balls, and the surplus of pig lead in excess of two thousand tons now stored in the various arsenals of the United States, and to cause the net proceeds of such sale, after paying all costs and expenses of breaking up and preparing said ammunition for sale, and all the necessary expenses of such sale, including the cost of transportation to the place of sale, to be covered into the Treasury of the United States with full accounts of said expenses. [June 22, 1874.] June 22, 1874. 18 Stat. L., 200. Pacific Railroad 1864, ch. 216 (13 Stat. L., 365). 1873, ch. 226, §6 2, 4 (17 Stat. L., 508). CHAPTER 414. AN ACT PROVIDING FOR THE COLLECTION OF MONEYS DUE THE UNITED STATES Pacific Railway Companies to be required to pay percentage due United States on net earnings. Be it enacted, &c., That the Secretary of the Treasury be, and hereby Companies to be is, directed to require payment of the railroad-companies, their successors required to pay and assigns, or the successors or assigns of any or either of said compapercentage due United States on nies, of all sums of money due or to become due, the United States for net earnings. the five per centum of the net earnings provided for by the act entitled 1862, ch. 120 (12 "An act to aid in the construction of a railroad and telegraph-line from Stat. L., 489). the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes approved July first, eighteen hundred and sixty-two, or by any other act or acts in relation to the companies therein named, or any other such company or companies, and in case either of said railroad-companies shall neglect or refuse to pay the same within sixty days after demand therefor made upon the treasurer of such railroad company, the Secretary of the Treas. ury shall certify that fact to the Attorney-General, who shall thereupon institute the necessary suits and proceedings to collect and otherwise obtain redress in respect of the same in the proper circuit courts of the United States, and prosecute the same, with all convenient dispatch to a final determination [June 22, 1874.] 96. 1678, May 7, ch. 11 C. Cls., 1. 12 C. Cls., 237. 13 C. Cls., 401. 91 U. S., 72. CHAPTER 415. AN ACT AUTHORIZING THE SECRETARY OF WAR TO RELINQUISH AND TURN OVER TO June 22, 1874. 18 Stat. L.. 201. Lands of Forts Yuma and Whipple Be it enacted, &c., That the Secretary of War be, and he is hereby, authorized to relinquish and turn over to the Department of the Interior, and of Camp Date for restoration to the public domain, such parts of what are known as the not required for Fort Yuma, Fort Whipple, and Camp Date Creek reservations, in the Ter- military purposes. ritory of Arizona, as may in the opinion of the Secretary of War, be no longer required for military purposes: Provided, That the Secretary of the Interior shall expose the same at public offering for sale to the highest bidder in the legal subdivision not greater than one quarter section when the same can be made, and not below the minimum price provided by law. And any land left unsold at such offering to be held thereafter for disposal as other public lands. Notice of such public sale shall be published for sixty days in two newspapers each, one published in the capital of the Territory, and the other circulating nearest the place of sale: to be sold. 1875, Jan. 28, ch. 26. - Provided further, That bona fide settlers, upon any part of said lands rights of settlers prior to the declaration of the reservation lines, shall have a right to ac- on. quire title to the lands so occupied by them at said time, not exceeding one hundred and sixty acres each, under the land-laws of the United States. [June 22, 1874.] CHAPTER 419. AN ACT AUTHORIZING THE TRANSFER OF GOLD MINT BARS FROM THE BULLION FUND Gold bars may be transferred from bullion fund and applied to redemption of coin certificates or in exchange for gold coins. June 22, 1874. 18 Stat. L., 202. bullion-fund and Be it enacted, &c., That the Secretary of the Treasury may, from time Gold bars may to time, transfer to the office of the Assistant Treasurer at New York be transferred from from the bullion fund of the assay office at New York, refined gold bars applied to redempbearing the United States stamp of fineness, weight and value, or bars tion of coin certififrom any melt of foreign gold coin or bullion of standard equal to or cates or in exabove that of the United States and may apply the same to the redemp. change for gold tion of coin certificates or in exchange for gold coins at not less than R. S., § 3526, par and not less than the market value subject to such regulations as 3527, 3545. he may prescribe. [June 22, 1874.] coins. CHAPTER 422. AN ACT TO APPROPRIATE LANDS FOR THE SUPPORT OF SCHOOLS IN CERTAIN FRAC- June 22, 1874. 18 Stat. L., 202. Be it enacted, &c. SECTION manner of selection and tenure of title. School lands for [SECTION 1], That for all fractional townships in the State of Missouri, which are entitled to public lands for the support of schools, ac- certain fractional cording to the provisions of the act of Congress approved May twen- townships in Mistieth eighteen hundred and twenty-six entitled (1) "An act to appropriNOTE. (1) The provisions of the act of 1826, oh. 83 (4 Stat. L., 170), are incorporated in Revised Statutes in the sections referred to in the margin. souri. 2276. R. S., §§ 2275, ate lands for the support of schools in certain townships and fractional townships not before provided for," and for which no selections have heretofore been made, there shall be reserved and appropriated out of the public lands, for each of said fractional townships, the amount of land to which they were respectively entitled according to the provisions of said act. School lands to SEC. 2. That the lands to which said fractional townships are entitled be selected by as aforesaid shall be selected by the Commissioner of the General LandCommissioner of Office out of any unappropriated public land within the State of Missouri subject to sale or location at one dollar and twenty-five cents an General Land Of fice. acre: Provided, That said Commissioner, in making such selection, shall select such land as shall be designated to him for that purpose by the county courts of the counties in which such fractional townships are situated; and, when so selected, said lands shall be held by the same tenure, and upon the same terms, for the support of schools in such fractional townships, as sections numbered sixteen are, or may be, held in the State of Missouri. [June 22, 1874.] June 23, 1874. 18 Stat. L., 203. Hazing at Naval Academy, punished. R. S., §§ 1528. 15 Opin. Gen., 80. CHAPTER 453. AN ACT TO PREVENT HAZING AT THE NAVAL ACADEMY. Hazing at Naval Academy, how punished. Be it enacted, &c., That in all cases when it shall come to the knowlhow edge of the superintendent of the Naval Academy, at Annapolis, that 1511- any cadet-midshipman or cadet engineer has been guilty of the offense commonly known as hazing, it shall be the duty of said superintendent Att'y to order a court-martial, composed of not less than three commissioned officers, who shall minutely examine into all the facts and circumstances of the case and make a finding thereon; and any cadet-midshipman or cadet engineer found guilty of said offense by said court shall, upon recommendation of said court be dismissed; and such finding, when approved by said superintendent, shall be final; and the cadet so dismissed from said Naval Academy shall be forever ineligible to re-appointment to said Naval Academy. [June 23, 1874.] June 23, 1874. 18 Stat. L., 204. Justice of sutrict of Columbia CHAPTER 454. AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO REORGANIZE THE COURTS IN THE DISTRICT OF COLUMBIA, AND FOR OTHER PURPOSES," APPROVED MARCH 3, 1863. Justice of supreme court of District of Columbia holding criminal term may also hold circuit court. Be it enacted, &c., That the justice of the supreme court of the District preme court of Dis- of Columbia, holding a criminal term for said District, may, when not holding criminal engaged in the proper business of the criminal term, hold sittings of the term may also hold circuit court, and employ the petit juries drawn for the criminal term in the trial of such cases depending in said circuit court as the justice presiding therein may assign to him for that purpose; and the business done at such sittings shall be recorded in the minutes of the circuit court. [June 23, 1874.] circuit conrt. R. S., vol. 2 Dist. Col., § 753. |