June thirtieth, eighteen hundred and seventy, and for other purposes," approved March third, eighteen hundred and sixty-nine, as applies to the Adjutant General's Department, be, and the same is hereby, repealed. [March 3, 1875.] CHAPTER 143. AN ACT AUTHORIZING THE COINAGE OF A TWENTY CENT PIECE OF SILVER AT THE March 3, 1875. 18 Stat. L., 478. Be it enacted, &c. [SECTION 1], (Rep.) [That there shall be, from time to time, coined at the mints of the United States, conformably in all respects to the coinage act of eighteen hundred and seventy-three (1) a coin of silver of the denomination of twenty cents and of the weight of five grams.] 63. 1876, April 17, SEC. 2. (Rep.) [That the twenty cent piece shall be a legal tender at its nominal value for any amount not exceeding five dollars in any one payment.] SEC. 3. (Rep.) [That in adjusting the weight of the twenty-cent piece, the deviation from the standard weight shall not exceed one and one half grains; and in weighing a large number of pieces together, when delivered by the coiner to the superintendent and by the superintendent to the depositor the deviation from the standard weight shall not exceed two hundredths of an ounce in one thousand pieces.] R. S., §§ 34953570, 3586. SEC. 4. (Rep.) [That all laws now in force in relation to the coins of existing laws the United States, and the coinage of the same, shall, as far as applica- applicable to. ble, have full force and effect in relation to the coin herein authorized whether the said laws are penal or otherwise and whether they are for preventing counterfeiting or abasement, for protecting the currency, for regulating the process of coining and the preparation therefor, or for the security of the coin, or for any other purpose.] [March 3, 1875.] NOTE. (1) The coinage act here referred to, 1873, ch. 121 (17 Stat. L., 424), is incorporated into Revised CHAPTER 144. AN ACT TO PUNISH CERTAIN LARCENIES, AND THE RECEIVERS OF STOLEN GOODS. SECTION 1. Embezzling, stealing, &c., public property deemed felony; how punished. 2. Receivers, concealers, &c., of stolen property, how punished. Be it enacted, &c. SECTION Receivers, &c., of stolen property may be tried [SECTION 1], That any person who shall embezzle, steal, or purloin Embezzling, any money, property, record, voucher, or valuable thing whatever, of stealing, &c., pubthe moneys, goods, chattels, records, or property of the United States, deemed felony; lic property shall be deemed guilty of felony, and on conviction thereof before the how punished. district or circuit court of the United States in the district wherein said R. S., 1342, offense may have been committed, or into which he shall carry or have art. 60. R. S., § 1624, in possession of said property so embezzled, stolen, or purloined, shall art. 14. be punished therefor by imprisonment at hard labor in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or both, at the discretion of the court before which he shall be convicted. R. S., § 5439, 5453, 5475, 5477, 5483, 5488-5496, 5504. Receivers, con- SEC. 2. That if any person shall receive, conceal, or aid in concealing, cealers, &c., of stolen public propor have, or retain in his possession with intent to convert to his own use erty; how pun- or gain, any money, property, record, voucher, or valuable thing whatished. ever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall be convicted; - may be tried before or after conviction of principal. And such receiver may be tried either before or after the conviction of the principal felon, but if the party has been convicted, then the judgment against him shall be conclusive evidence in the prosecution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined [March 3, 1875.] March 3, 1875. 18 Stat. L., 479. Convicts for of to have deduction CHAPTER 145. AN ACT TO PROVIDE FOR DEDUCTIONS FROM THE TERMS OF SENTENCE OF UNITED SECTION 1. Convicts for offenses against United States - unless they commit offenses during their Be it enacted, &c. SECTION 2. Convicts to be furnished with clothes and money in certain cases. [SECTION 1], That all prisoners who have been, or shall hereafter be, fenses against convicted of any offence against the laws of the United States, and conUnited States laws fined, in execution of the judgment or sentence upon such conviction, in from sentence for any prison or penitentiary of any State or Territory which has no system good conduct in of commutation for its own prisoners, shall have a deduction from their prison. several terms of sentence of five days in each and every calendar month during which no charge of misconduct shall have been sustained against each severally, who shall be discharged at the expiration of his term of sentence less the time so deducted, and a certificate of the warden or keeper of such prison penitentiary of such deduction shall be entered on the warrant of commitment: 5544. R. S., § 5543, 14 Blatch., 344. -unless they com Provided, That, if during the term of imprisonment the prisoner shall mit offenses during commit any offence for which he shall be convicted by a jury, all remissions theretofore made shall be thereby annulled. their term. -to be furnished with clothes and money in certain cases. SEC. 2. That on the discharge from any prison of any person convicted under the laws of the United States on indictment, he or she shall be provided by the warden or keeper of said prison with one plain suit of clothes and five dollars in money, for which charge shall be made and allowed in the accounts of said prison with the United States: Provided, That this section shall not apply to persons sentenced for a term of imprisonment of less than six months. [March 3, 1875.] March 3, 1875. 18 Stat. L., 480. Port of Noble CHAPTER 146. AN ACT TO CHANGE THE NAME OF THE PORT OF NOBLEBORO TO DAMARISCOTTA. Port of Nobleboro, Me., to be called Damariscotta. Be it enacted, &c., That the name of the port of Nobleboro, in the boro, Me., to be county of Lincoln, State of Maine, is hereby changed to the port of called Damaris- Damariscotta. [March 3, 1875.] cotta.. R. S., § 2517, par. 8. CHAPTER 147. AN ACT AUTHORIZING THE APPOINTMENT OF GAUGERS FOR THE CUSTOMS SERVICE Three gaugers for port of Philadelphia to be appointed; compensation, &c. March 3, 1875. 18 Stat. L., 480. Be it enacted, &c., That the Secretary of the Treasury be, and he is Three gaugers hereby, authorized to appoint three gaugers for the customs service at for port of Philathe port of Philadelphia from the list of officers now under appointment delphia to be appointed; compenas inspectors, whose compensation shall be the same as that paid to the sation, &c. gaugers of the port of Boston: Provided, That the number of officers or employees in the customs 1. service at said port of Philadelphia shall not be hereby increased. [March 3, 1875.] R. S., § 2544, par. CHAPTER 148. AN ACT TO TRANSFER THE COUNTY OF PERRY, IN THE STATE OF TENNESSEE, FROM March 3, 1875. 18 Stat. L., 480. R. S., § 547. [SECTION 1], That the county of Perry, in the western judicial dis- Perry County, trict of the United States, in the State of Tennessee, be, and the same Tenn., added to is hereby set to, and shall hereafter compose a part of the middle judi- district. middle judicial cial district of the United States in said State; and all cases now commenced or depending in said western district, affected by this act, shall be heard, tried and determined in the same manner as if this act had not been passed; and the prosecution of all crimes heretofore committed in said western district shall be prosecuted and punished in the same manner as if this act had not been passed. SEC. 2. That this act shall take effect on the fourth Monday of May, eighteen hundred and seventy-five. [March 3, 1875.] When act takes effect. CHAPTER 149. AN ACT TO PROVIDE FOR DEDUCTING ANY DEBT DUE THE UNITED STATES FROM ANY Judgments and claims against United States sub ject to offset of debt from creditors; proceedings in such cases. -proceedings when claimant denies legality of set-off. March 3, 1875. 18 Stat. L., 481. United States sub Be it enacted, &c., That when any final judgment recovered against Judgments and the United States or other claim duly allowed by legal authority, shall claims against be presented to the Secretary of the Treasury for payment, and the ject to offsets of plaintiff or claimant therein shall be indebted to the United States in debts from creditany manner, whether as principal or surety, it shall be the duty of the ors; proceedings Secretary to withhold payment of an amount of such judgment or claim in such cases. R. S., § 1065, equal to the debt thus due to the United States; and if such plaintiff 1089, 1766, 4734. or claimant assents to such set off, and discharges his judgment or an 14 C. Cls., 484. amount thereof equal to said debt or claim, the Secretary shall execute a discharge of the debt due from the plaintiff to the United States. But if such plaintiff, or claimant, denies his indebtedness to the proceedings United States, or refuses to consent to the set-off, then the Secretary when claimant denies legality of shall withhold payment of such further amount of such judgment, or set-off. Balance, how paid when claimant obtains judg ment against United States. claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Secretary to cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judg ment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amount so withheld as before provided, the balance shall then be paid over to such plaintiff by such Secretary with six per cent interest, thereon for the time it has been withheld from the plaintiff. [March 3, 1875.] CHAPTER 150. March 3, 1875. 18 Stat. L., 481. East Pascagoula, AN ACT TO MAKE EAST PASCAGOULA, IN THE STATE OF MISSISSIPPI, A PORT OF DE- East Pascagoula, Miss., to be port of delivery. Be it enacted, &c., That from and after the passage of this act East Miss., to be port Pascagoula, in the State of Mississippi, in the district of Pearl River, R. S., § 2566, par. shall be a port of delivery for said district. [March 3, 1875.] of delivery. 1. CHAPTER 151. March 3, 1875. 18 Stat. L., 481. Cutting or injuring, unlawfully, trees on lands of United States, &c.; how punished. R. S., § 2461. Breaking fences, walls, &c., inclosing lands of United States; how punished. AN ACT TO PROTECT ORNAMENTAL AND OTHER TREES ON GOVERNMENT RESERVA- SECTION 1. Cutting or injuring, unlawfully, trees on lands 2. Breaking fences, walls, &c., inclosing lands 3. Breaking fences and driving cattle, &c., or Be it enacted, &c. SECTION Act not to apply to lands unsurveyed, or subject to pre-emption or homestead, or to mining lands. [SECTION 1], That if any person or persons shall knowingly and unlawfully cut, or shall knowingly aid, assist, or be employed in unlawfully cutting, or shall wantonly destroy or injure, or procure to be wantonly destroyed or injured, any timber-tree or any shade or ornamental tree, or any other kind of tree, standing, growing, or being upon any land of the United States, which, in pursuance of law, have been reserved, or which have been purchased by the United States for any public use, every such person or persons so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such offense, pay a fine not exceeding five hundred dollars, or shall be imprisoned not exceeding twelve months. SEC. 2. That if any person or persons shall knowingly and unlawfully break or destroy any fence, wall, hedge, or gate inclosing any lands of the United States, which have, in pursuance of any law, been reserved or purchased by the United States for any public use, every such person so offending, on conviction, shall, for every such offense, pay a fine not exceeding two hundred dollars, or be imprisoned not exceeding six months. Breaking fences SEC. 3. That if any person or persons shall knowingly and unlawfully and driving cattle, break, open, or destroy any gate, fence, hedge, or wall inclosing any &c., or permitting cattle to enter on lands of the United States, reserved or purchased as aforesaid, and shall lands of United drive any cattle, horses, or hogs upon the lands aforesaid for the purpose States; how pun- of destroying the grass or trees on the said grounds, or where they may ished. destroy the said grass or trees, or if any such person or persons shall knowingly permit his or their cattle, horses, or hogs to enter through any of said inclosures upon the lands of the United States aforesaid, where the said cattle, horses, or hogs may or can destroy the grass or trees or other property of the United States on the said land, every such person or persons so offending, on conviction, shall pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding twelve months: Provided, That nothing in this act shall be construed to apply to unsurveyed public lands and to public lands subject to pre-emption and to lands unsurhomestead laws, or to public lands subject to an act to promote the de- veyed, or subject velopment of the mining resources of the United States, approved May homestead, or to tenth, eighteen hundred and seventy-two. (1) [March 3, 1875.] Act not to apply to pre-emption or mining lands. R. S., §§ 2257NOTE. (1) Tho act of 1872, ch. 152 (17 Stat. L., 91), is incorporated into Revised Statutes, §§ 2318-2337. 2288, 2289-2317, 2318-2337. CHAPTER 152. AN ACT GRANTING TO RAILROADS THE RIGHT OF WAY THROUGH THE PUBLIC LANDS OF THE UNITED STATES. March 3, 1875. 18 Stat. L., 482. station-grounds, [SECTION 1], That the right of way through the public lands of the Right of way United States is hereby granted to any railroad company duly organ- through public ized under the laws of any State or Territory, except the District of Co- lands, materials, lumbia, or by the Congress of the United States, which shall have filed &c., granted to with the Secretary of the Interior a copy of its articles of incorporation, railroads. and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; Also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; Also ground adjacent to such right of way for station-buildings, depots, machine shops, side-tracks, turn-outs, and water-stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. R. S., §§ 52565262. SEC. 2. That any railroad company whose right of way, or whose Rights of several track or road-bed upon such right of way, passes through any canyon, roads through capass, or defile, shall not prevent any other railroad company from the non, pass, or defile, use and occupancy of the said canyon, pass, or defile, for the purposes roads at grade. and crossing other of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; And where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. Wagon roads and highways; how affected. |