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the Marine Corps, a judge-advocate-general of the Navy, with the rank, pay, and allowances of a captain in the Navy or a colonel in the Marine Corps, as the case may be.

Office of, to be in And the office of the said judge-advocate-general shall be in the Navy Department; his Department, where he shall, under the direction of the Secretary of the duties, &c. Navy, receive, revise, and have recorded the proceedings of all courtsmartial, courts of inquiry, and boards for the examination of officers for retirement and promotion in the naval service, and perform such other duties as have heretofore been performed by the solicitor and naval judge-advocate-general. [June 8, 1880.]

June 8, 1880.

21 Stat. L., 166.

Homestead and

pre-emption set-
tlers becoming in-
sane; how claims
perfected, &c.
R. S., § 2257-

2288.

2317.

CHAPTER 136.

AN ACT TO PROVIDE FOR ISSUING PATENTS FOR PUBLIC LANDS CLAIMED UNDER THE
PRE-EMPTION AND HOMESTEAD LAWS IN CASES WHERE THE CLAIMANTS HAVE
BECOME INSANE.

Homestead and pre-emption settlers becoming insane; how claims perfected.

Be it enacted, &c., That in all cases in which parties who regularly initiated claims to public lands as settlers thereon according to the provisions of the pre-emption or homestead laws, have become insane or shall hereafter become insane before the expiration of the time during which their residence, cultivation, or improvement of the land claimed by them is required by law to be continued in order to entitle them to R. S., §§ 2289- make the proper proof and perfect their claims, it shall be lawful for the required proof and payment to be made for their benefit by any person who may be legally authorized to act for them during their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the General Land Office that the parties complied in good faith with the legal requirements up to the time of their becoming insane, and the requirement in homestead entries of an affidavit of allegiance by the applicant in certain cases as a prerequisite to the issuing of the patents shall be dispensed with so far as regards such insane parties. [June 8, 1880.]

June 8, 1880. 21 Stat. L., 166.

CHAPTER 137.

AN ACT TO FURTHER AMEND THE ACT ENTITLED "AN ACT TO REORGANIZE THE
COURTS OF THE DISTRICT OF COLUMBIA, AND FOR OTHER PURPOSES", APPROVED
MARCH THIRD, EIGHTEEN HUNDRED AND SIXTY-THREE, AND TO AMEND SECTION
EIGHT HUNDRED AND SIXTY-ONE OF CHAPTER TWENTY-FOUR OF THE REVISED
STATUTES OF THE DISTRICT OF COLUMBIA.

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In District of Co

[SECTION 1], That any justice of the supreme court of the District of lumbia, a judge Columbia holding a term of the circuit court for said District (whenever holding circuit the condition of the business in such circuit court and in the criminal court may hold sittings for trial of court, in the opinion of the general term of said supreme court, may render it proper and expedient so to do), may hold sittings for the trial of such criminal cases depending in the criminal court as the justice presiding therein may assign for that purpose, and may employ the petit juries drawn for such circuit court for such trials; and such sittings may be held during the regular sessions of the criminal court, or, in the recess thereof, during the term of such circuit court; and the business

criminal cases.
R. S. of Dist.
Col., §§ 753-759,

done at such sittings shall be recorded in the minutes of the criminal court.

SEC. 2. That section eight hundred and sixty-one of chapter twentyfour of the Revised Statutes of the District of Columbia be, and the same is hereby, amended so as to read as follows:

In Distrct of Columbia; jurors may be challenged who have served within

a

year before. Substitute for

R.. S. of Dist.

"SEC. 861. It shall be good cause of principal challenge to any person called to serve as a talesman on a petit jury at any term of the criminal or circuit courts of the District of Columbia, that he has served as such juror in the trial of a cause in either of said courts at any time within Col., § 861. one year next before his being so called and challenged.

-when persons

And whenever a paper, on which is written the name of any person, shall be drawn from the jury-box, and such person by reason of being drawn as jurors do not serve, their challenged, or for any other reason, shall not serve as a juror at the term names to be refor or at which he shall have been so drawn, the clerk of the supreme turned to jurycourt of the District of Columbia (unless otherwise ordered by the justice box. presiding in the court for which such name was drawn) shall replace the said paper in the jury-box, folded or rolled up in the manner prescribed Col., § 853. by section eight hundred and fifty-three of said chapter, subject to be drawn again from said jury-box with the other papers therein."

SEC. 3. All laws and parts of laws inconsistent herewith are herewith repealed. [June 8, 1880.]

R. S. of Dist.

Repeal.

CHAPTER 161.

AN ACT TO AMEND SECTIONS THIRTY-THREE HUNDRED AND EIGHTY-FIVE AND THIRTY-
THREE HUNDRED AND FIFTY-SEVEN OF THE REVISED STATUTES OF THE UNITED
STATES.

SECTION

1. Bonds given on withdrawal of tobacco, snuff, and cigars for export; when and how may be canceled.

Penalty for relanding in United States tobacco, snuff, or cigars shipped for export.

Be it enacted, &c.

SECTION

2. Collectors of internal revenue to keep record
of manufacturers of tobacco and snuff.

to enter copies of inventories and returns.
to cause manufactories to be numbered, &c.

[SECTION 1], That section thirty-three hundred and eighty-five of the Revised Statutes of the United States be amended by striking out all of said section after the word "shipment" where it occurs in the twentyseventh line, and insert in lieu of the part stricken out the following: "Upon the presentation to the collector of internal revenue of a detailed report from the inspector of customs, and a certificate from the collector of customs at the port from which the goods are to be exported, that the goods removed from the manufactory under bond, and described in the permit of the collector of internal revenue, have been received by the said collector of customs, and that said goods were duly laden on board of a foreign-bound vessel, naming the vessel, and the said merchandise was entered on the outward-manifest of said vessel, and that said vessel and cargo were duly cleared from said port, and on the payment of the tax on deficiency, if any, the bonds which have been, or shall hereafter be, required to be given under the provisions of this section, shall be canceled.

June 9, 1880.

21 Stat. L., 167.

Bonds given on withdrawal of tobacco, snuff, and cigars for export; when and how may be canceled.

R. S., § 3385.

Penalty for relanding in United

States tobacco,

Every person who, with the intent to defraud the revenue laws of the United States, relands or causes to be relanded, within the jurisdiction of the United States, any manufactured tobacco, snuff, or cigars which snuff, or cigars have been shipped for exportation under the provisions of this act, with- shipped for export. out properly entering such tobacco, snuff, or cigars at a custom-house, and paying the proper customs and internal-revenue taxes thereon, or who receives such relanded tobacco, snuff, or cigars, and every person who aids or abets in such relanding or receiving of such tobacco, snuff, or cigars, shall, on conviction, be fined not exceeding five thousand dol

Collectors of in

lars or imprisoned not more than three years; and all tobacco, snuff, or cigars so relanded shall be forfeited to the United States."

SEC. 2. That section thirty-three hundred and fifty-seven of the Reternal revenue to vised Statutes of the United States be amended and re-enacted so as to keep record of read as follows: manufacturers of tobacco and snuff. Substitute for R. S., § 3357.

-to enter copies of inventories and returns.

-to cause manu

factories to be numbered, &c.

"Every collector shall keep a record in a book or books provided for the purpose, to be open to the inspection of any person, of the name and residence of every person engaged in the manufacture of tobacco or snuff in his district, the place where such manufacture is carried on, and the number of the manufactory.

And he shall enter in said record, under the name of each manufactnrer, a copy of every inventory required by law to be made by such manufacturer, and an abstract of his monthly returns.

And he shall cause the several manufactories of tobacco or snuff in his district to be numbered consecutively, which numbers shall not be thereafter changed, except for reasons satisfactory to himself and approved by the Commissioner of Internal Revenue." [June 9, 1880.]

CHAPTER 162.

June 9, 1880.

21 Stat. L., 168.

between Wiscon

AN ACT TO AUTHORIZE THE SAINT PAUL AND CHICAGO SHORT LINE RAILWAY COM-
PANY TO CONSTRUCT A BRIDGE ACROSS LAKE SAINT CROIX, AND TO ESTABLISH
IT AS A POST-ROAD.

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Bridge across [SECTION 1], That it shall be lawful for the Saint Paul and Chicago Lake Saint Croix, Short Line Railway Company, a corporation created and existing under sin and Minnesota, and by virtue of the laws of the State of Wisconsin, to build a bridge may be built by across the Lake Saint Croix from such point in township number twentySaint Paul and six north, of range twenty west of the fourth principal meridian, in the Chicago Short county of Pierce and State of Wisconsin, as may be hereafter selected by Line Railway said railway company, to such point in the county of Washington, in the State of Minnesota, as may hereafter be selected by said railway company, and to lay on or over said bridge, railway tracks for the more perfect connection of its railway tracks as they may hereafter be built to the points aforesaid on either side of said lake under the limitations and conditions herein:

Company.

-not to interfere

Provided, That said bridge shall not interfere with the free navigation with navigation. of said lake beyond what is necessary in order to carry into effect the rights and privileges hereby granted,

-in case of litiga

And in case of any litigation arising from any obstruction or alleged tion, in what court obstruction to the free navigation of said lake, the cause shall be tried actions may be before the district court of the United States for the district of Minbrought. nesota or the western district of Wisconsin.

-how may be built.

if built with un

SEC. 2. That any bridge built under the provisions of this act may, at the option of said railway company, be built as a draw-bridge with a pivot or other form of draw, or with unbroken or continuous spans : Provided, That if the said bridge shall be made with unbroken and broken spans; ele- continuous spans, it shall not be of less elevation in any case than fifty vation, &c. feet above extreme high-water mark as understood at the point of location to the bottom chord of the bridge; nor shall the span of said bridge be less than two hundred feet in length, and the piers of said bridge

shall be parallel with the current of the lake, and the main span shall be over the main channel of the lake and not less than two hundred feet in length:

And provided also, That if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge with a draw over the main channel of the lake at an accessible and navigable point, and with spans of not less than one hundred and sixty feet in the clear at low-water surface on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall be not less than one hundred and forty feet, and said spans shall not be less than ten feet above extreme high-water mark, and not less than thirty feet above low-water mark, measuring to the bottom chord of the bridge; and the piers of said bridge shall be parallel with the current of the lake:

Lake Saint Croix

bridge, if built as a draw-bridge; how constructed.

And provided also, That said draw shall be opened promptly, upon Draw to be reasonable signal, for the passage of boats, and in no case shall unnec- opened promptly for passage of essary delay occur in opening said draw-bridge during or after the pas- boats. sage of trains.

States to have

SEC. 3. That any bridge constructed under the provisions of this act to be a postand according to its limitations shall be a lawful structure, and shall be route; United known and recognized as a post-route, upon which also no higher charge right of way, and shall be made for the transmission over the same of the mails, the troops, shall not be and the munitions of war of the United States than the rate per mile paid charged discrimifor their transportation over the railroads or public highways leading nating rate for to the said bridge, and the United States shall have the right of way transportation, &c. for postal telegraph purposes across said bridge.

SEC. 4. That all railway companies desiring to use said bridge shall All railway comhave and be entitled to equal rights and privileges in the passage of the panies to have same and in the use of the machinery and fixtures thereof, and of all the equal rights of 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.

passage.

fications.

SEC. 5. That the plan and specifications with the necessary drawings of Plans and specisaid bridge shall be submitted to the Secretary of War for his approval, and until he approve the plan and location of said bridge it shall not be built or commenced, and should any change be made in the plan of said bridge during the progress of the work thereon such changes shall be subject to the approval of the Secretary of War;

And all changes in the construction of said bridge that may be directed by Congress shall be made at the cost and expense of the owners thereof.

Congress may direct changes in construction.

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may amend or

SEC. 6. That the right to alter, amend or repeal this act as in the judgment of Congress the public good may require and to compel the repeal act. removal of any obstructions to navigation caused by said bridge at the expense of the persons or corporations taking the benefit of this act, is hereby reserved. [June 9, 1880.]

CHAPTER 163.

AN ACT CONFIRMING THE TITLE TO BLOCK NUMBERED FOURTEEN, IN BAKER CITY,
OREGON, TO BAKER COUNTY.

Title confirmed to Baker County, Oregon, of certain land.

June 9, 1880.

21 Stat. L., 169.

Title confirmed

Be it enacted, &c., That the title to so much of block fourteen, in Baker City, Oregon, as the United States has title to, be, and the same is to Baker County, hereby, confirmed to the county of Baker, Oregon, and that a patent be Oregon, of certain issued to the said county therefor, without prejudice to the right of any adverse claimant to any part thereof. [June 9, 1880.]

land.

June 9, 1880.

21 Stat. L., 169.

CHAPTER 164.

AN ACT TO AMEND SECTIONS TWENTY-TWO HUNDRED AND SIXTY-TWO AND TWENTY-
THREE HUNDRED AND ONE OF THE REVISED STATUTES OF THE UNITED STATES,
IN RELATION TO THE SETTLER'S AFFIDAVIT IN PRE-EMPTION AND COMMUTED
HOMESTEAD ENTRIES.

Pre-emption and homestead claimants' oath; before whom may be taken, &c.

Pre-emption and Be it enacted, &c., That the affidavit required to be made by sections homestead claim- twenty-two hundred and sixty-two and twenty-three hundred and one ants' oath; before whom may be of the Revised Statutes of the United States, may be made before the taken, &c. clerk of the county court or of any court of record, of the county and R. S., § 2262, State or district and Territory in which the lands are situated; and if 2291, 2301. said lands are situated in any unorganized county, such affidavit may be made in a similar manner in any adjacent county in said State or Territory, and the affidavit so made and duly subscribed shall have the same force and effect as if made before the register or receiver of the proper land district; and the same shall be transmitted by such clerk of the court to the register and receiver with the fee and charges allowed by law. [June 9, 1880.]

1877, March 3,

ch. 122.

June 9, 1880. 21 Stat. L., 170.

Pensions allowed

prior to July 25, 1866, not to be re

quent acts.

CHAPTER 166.

AN ACT TO RESTORE PENSIONS IN CERTAIN CASES.

Pensions allowed prior to July 25, 1866, not to be -to be restored if already reduced.
reduced by subsequent acts.

Be it enacted, &c., That section three of an act entitled "An act increasing the pensions of widows and orphans, and for other purposes", duced by subse-approved July twenty-fifth, eighteen hundred and sixty-six, and section thirteen of an act entitled "An act relating to pensions", approved July twenty-seventh, eighteen hundred and sixty-eight, and section fortyseven hundred and twelve of the Revised Statutes, shall not operate to reduce the rate of any pension which had actually been allowed to the commissioned, non-commissioned, or petty officers of the Navy or their widows or minor children, prior to the twenty-fifth day of July, eighteen hundred and sixty-six;

R. S., § 4712. 1866, ch. 235 (14 Stat. L., 230).

1868, ch. 264 (15 Stat. L., 235).

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-to be restored if already reduced.

And the Secretary of the Interior is hereby directed to restore all such pensions as have already been so reduced to the rate originally granted and allowed, to take effect from the date of such reduction. [June 9, 1880.]

June 9, 1880.

21 Stat. L., 170.

Transportation

of mails between

CHAPTER 167.

AN ACT PROVIDING FOR THE TRANSPORTATION OF THE MAILS BETWEEN EAST SAINT LOUIS, IN THE STATE OF ILLINOIS, AND SAINT LOUIS, IN THE STATE OF MISSOURI. Transportation of mails between Saint Louis and East Saint Louis to be let to lowest bidder. Be it enacted, &c., That the Postmaster-General be, and he hereby is, Saint Lonis and authorized to treat the transportation of mails between East Saint Louis East Saint Louis and the Union Depot in Saint Louis, Missouri, as other than railroad to be let to lowest service, and to pay for the same to the lowest bidder therefor, having due regard to the efficiency of the service, out of any appropriation R. S., § 3941, available for the purpose. [June 9, 1880.]

bidder.

3942.

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