CHAPTER 64. AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO PREVENT THE EXTERMINATION Secretary of Treasury to designate months for taking seals on Saint Paul and Saint George Islands, and number on each. March 24, 1874. 18 Stat. L., 24. Sec'y of Treasury to designate months for taking seals on Saint Paul Be it enacted, &c., That the act entitled (1) "An act to prevent the extermination of fur-bearing animals in Alaska," approved July first, eighteen hundred and seventy, is hereby amended so as to authorize the Secretary of the Treasury, and he is hereby authorized, to designate and Saint George the months in which fur-seals may be taken for their skins on the islands Islands, and numof Saint Paul and Saint George, in Alaska, and in the waters adjacent ber on each. thereto, and the number to be taken on or about each island respect- R. S., § 1960ively. (2) [March 24, 1874.] NOTES.-(1) The act of 1870, ch. 189 (16 Stat. L., 180), is incorporated into Revised Statutes in the sections referred to in the margin. (2) The Secretary of the Treasury designated, under this act, the months of June, July, August (from the first to the fifteenth of said month), September, and October, as those in which fur-seals might be taken, and the number to be not more than ninety thousand on Saint Paul Island, and not more than ten thousand on Saint George Island per annum, and the agreement with the lessees of those islands was modified accordingly March 25, 1874. 1972. CHAPTER 65. AN ACT TO ESTABLISH BONDED WAREHOUSES FOR THE STORING AND CLEANSING OF Bonded warehouses for storing, &c., imported rice; may be established at ports of entry. CHAPTER 70. AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO WITHDRAW FROM SETTLEMENT March 26, 1874. 18 Stat. L., 25. Certain lands in Laramie County, Wyoming, reserved for city of Cheyenne for reservoir. Certain lands in Laramie County, Wyoming, reserved for city of Cheyenne for reservoir. Be it enacted, &c., That the first section of the act aforesaid be, and the same is hereby, amended so that it shall read as follows: "Be it enacted, &c., That the north half and the southeast quarter of section thirty, in township fourteen north, of range sixty-six west, of the public lands in Laramie County, Wyoming Territory, be, and the same is hereby, withdrawn from settlement and sale under existing laws, and reserved for the use of the city of Cheyenne, in said county, for the (17 Stat. L., 158). purpose of enabling the proper authorities of said city to construct and maintain on said land a reservoir of water for the supply of said city." [March 26, 1874.] 1872, ch. 204, § 1 March 28, 1874. 18 Stat. L., 25. Approval of act CHAPTER 72. AN ACT TO APPROVE AN ACT OF THE LEGISLATIVE ASSEMBLY OF THE DISTRICT OF COLUMBIA RELATING TO PARISHES OF THE PROTESTANT EPISCOPAL CHURCH.(1) Approval of act of District of Columbia relating to Protestant Episcopal Churches. Be it enacted, &c., That the act of the legislative assembly of the Disof District of Co- trict of Columbia entitled "An act for the relief of parishes of the Protlumbia relating to estant Episcopal Church in the District of Columbia," approved June Protestant Episco- twenty-sixth, eighteen hundred and seventy-three, be, and the same is pal Churches. hereby, approved; and that all acts now in force in the District of Columbia, inconsistent therewith, be, and the same are hereby repealed. [March 28, 1874.] NOTE.-(1) The act of the District legislature, here referred to, 1873, ch. 57, is as follows: [SECTION 1], That in any parish of the Protestant Episcopal Church now existing in said District, Provided, That in the case of a newly organized parish all male members of any church or congregation in communion with the Protestant Episcopal Church in the District of Columbia, of full age and uniting in the organization of such new parish, shall be qualified to vote at the first election of vestrymen thereof. SEC. 2. That hereafter vestries of the Protestant Episcopal Church shall not be obliged to meet on any stated days or at any particular place, but only at such times and places as they may find most convenient; and if any vacancy shail happen in vestries after their election, or any person elected a vestryman shall refuse to serve, then the other vestrymen shall have power to appoint a person or persons, as the case may be, to serve until the next succeeding election; and any parish, by a vote of the majority of its qualified voters may at any parish meeting provide that the wardens of such parish shall be elected in the same manner as vestrymen, and be members of the vestry; and vestries shall have power to make all rules and regulations respecting the temporal government and support of their respective parishes, not inconsistent with public law. SEC. 3. That vestries now existing shall be regarded as legally constituted, notwithstanding irregu larities in their election or defect of qualifications in the voters by whom they were elected, and are hereby confirmed in their offices until the period appointed by law for the next election of vestries. SEC. 4. That all acts or parts of acts now in force in the District of Columbia respecting the right and privileges of associate rector in parishes of the Protestant Episcopal Church in said District be and the same are hereby repealed. (June 26, 1873.] CHAPTER 80. April 7, 1874. AN ACT CONCERNING THE PRACTICE IN TERRITORIAL COURTS, AND APPEALS THERE Preamble. In territorial 1. In territorial courts, common-law and chan- Right of trial by jury preserved. 2. Appellate jurisdiction of Supreme Court of -in cases heretofore appealed and now pend- Whereas, by the organic acts establishing several of the Territories of the United States, it is provided that certain courts thereof shall have commonlaw and chancery jurisdiction, and doubts have been entertained whether said jurisdictions must be exercised separately, or whether they may be exercised together in the same proceeding, and whether the codes and rules of practice adopted in said Territories which have authorized a mingling of said jurisdictions in the same proceeding, or a uniform course of proceeding in all cases legal and equitable, are repugnant to the said organic acts respectively: Therefore, Be it enacted, &c. [SECTION 1], That it shall not be necessary in any of the courts of the courts, common- several Territories of the United States to exercise separately the comlaw and chancery jurisdiction need mon-law and chancery jurisdictions vested in said courts; and that the not be exercised several codes and rules of practice adopted in said Territories respectseparately; and ively, in so far as they authorize a mingling of said jurisdictions or a codes, rules, &c., uniform course of proceeding in all cases whether legal or equitable, be mingling same confirmed. confirmed; and that all proceedings heretofore had or taken in said courts in conformity with said respective codes and rules of practice, so far as relates to the form and mode of proceeding, be, and the same are hereby, validated and confirmed: R. S., § 1866 1868, 1907, 1908. Provided, That no party has been or shall be deprived of the right of trial by jury in cases cognizable at common-law. Right of trial by jury preserved. Appellate jurisdiction of Supreme Court of United SEC. 2. That the appellate jurisdiction of the Supreme Court of the United States over the judgments and decrees of said Territorial courts in cases of trial by jury shall be exercised by writ of error, and in all other cases by appeal according to such rules and regulations as to form cised. and modes of proceeding as the said Supreme Court have prescribed or may hereafter prescribe: Provided, That an appeal, instead of the evidence at large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall be made and certified by the court below, and transmitted to the Supreme Court together with the transcript of the proceedings and judgment or decree; but no appellate proceedings in said Supreme Court, heretofore taken upon any such judgment or decree, shall be invalidated by reason of being instituted by writ of error or by appeal : 702, R. S., 703, 1909, 1911. Proceedings on appeal. R. S., § 698. 99 U. S., 610. in cases hereto now pending. And provided further, That the appellate court may make any order in any case heretofore appealed, which may be necessary to save the fore appealed and rights of the parties; and that this act shall not apply to cases now pending in the Supreme Court of the United States where the record has already been filed. [April 7, 1874.] CHAPTER 96. AN ACT TO ESTABLISH A RESERVATION FOR CERTAIN INDIANS IN THE TERRITORY OF MONTANA. Public land in Montana reserved for certain Indian tribes. April 15, 1874. 18 Stat. L., 28. Public land in Be it enacted, &c., That the following described tract of country, in the Territory of Montana, be, and the same is hereby, set apart for the Montana reserved use and occupation of the Gros Ventre, Piegan, Blood, Blackfoot, River for certain Indian Crow, and such other Indians as the President may, from time to time, see fit to locate thereon, viz: Commencing at the northwest corner of the Territory of Dakota, being the intersection of the forty-ninth parallel of north latitude and the one hundred and fourth meridian of west longitude; thence south to the south bank of the Missouri river; thence up and along the south bank of said river, to a point opposite the mouth of the Maria's river; thence along the main channel of the Maria's river to Birch Creek; thence up the main channel of Birch Creek to its source; thence west to the summit of the main chain of the Rocky Mountains; thence along the summit of the Rocky Mountains to the northern boundary of Montana; thence along said northern boundary to the place of beginning. [April 15, 1874.] tribes. R. S.,. 1903, 2127-2157. CHAPTER 97. AN ACT AUTHORIZING THE PAYMENT OF ANNUITIES INTO THE TREASURY OF THE Annuities, &c., to Seminole Indians, how paid and School fund. Consent of tribe to be obtained. Annuities, &c., Be it enacted, &c., That the Commissioner of Indian Affairs, with the sanction of the Secretary of the Interior and the President of the United to Seminole IndiStates, in distributing and paying annuities, interest, or other moneys distributed. ans, how paid and now due or hereafter to become due to the Seminole tribe of Indians Treaty, Art. 8 under the provisions of the eighth article of the treaty between the Creek (11 Stat. L., 702). and Seminole Indians and the United States, concluded August seventh, R. S., § 2081, eighteen hundred and fifty-six, shall be authorized to expend the same for such objects as will best promote the comfort, civilization, and im 2082. School fund. Consent of tribe to be obtained. provement of the Seminole Indians, or in his discretion, with the sanction of the Secretary and the President aforesaid, shall be authorized to pay such annuities or any part thereof into the treasury of the Seminole nation to be used as the council of the same shall provide, instead of paying the same per capita according to the terms of said treaty : Provided, That said agreement shall provide that the sum of five thousand dollars shall be annually appropriated out of said annuity to the school fund of said tribe: And provided further, That the consent of said tribe to such expenditures and payment shall be first obtained. (1) [April 15, 1874.] - NOTE. (1) The consent here required was given in writing and filed in the office of Indian Affairs April 15, 1874. 18 Stat. L., 29. Land in Fort CHAPTER 98. AN ACT TO DONATE THE MILITARY RESERVATION AT FORT STEILACOOM TO THE TER- Land in Fort Steilacoom granted to Washington -saving vested rights of persons. Be it enacted, &c., That section thirty-three of township numbered Steilacoom grant- twenty north, of range numbered two east of Willamette meridian, emed to Washington bracing a portion of Fort Steilacoom military reservation, and the mili Territory for insane asylum. tary barracks thereon, in the county of Pierce, and the Territory of Washington, be, and the same is hereby, donated to the said Territory of Washington for the use and purpose of an asylum for the insane of said Territory, and for no other purpose: -saving vested rights of persons. Provided, That this act shall not be construed or have the effect to impair any rights of any person in or to any portion of said lands acquired under any of the land laws of the United States. [April 15, 1874.] April 15, 1874. 18 Stat. L., 29. CHAPTER 99. AN ACT TO FORFEIT TO THE UNITED STATES CERTAIN LANDS GRANTED TO THE PLA- Lands granted to Placerville and Sacramento Valley Railroad Company forfeited, and to be disposed of as public lands. Lands granted Be it enacted, &c., That all lands which were granted by Congress in to Placerville and the year eighteen hundred and sixty-six to the Placerville and SacraSacramento Valley Railroad Company mento Valley Railroad Company to aid in constructing a railroad from forfeited, and to be the town of Folsom to the town of Placerville, in the State of Califordisposed of as pub- nia, and which have not been patented by the United States to said company under said grant which have expired by limitation, are hereby 1866, ch. 182 (14 declared forfeited to the United States, and these lands shall hereafter Stat. L., 94-97). 1875, Mar. 3, ch. be disposed of as other public lands of the United States. [April 15, 1874.] lic lands. 193. CHAPTER 106. April 17, 1874. 18 Stat. L., 30. Enrollment and on western and AN ACT TO AMEND THE ACT ENTITLED "AN ACT RELATING TO THE ENROLLMENT Enrollment and license of vessels on western and northern waters, how may be issued or renewed in 1 Be it enacted, &c., That the provisions (1) of the act relating to the license of vessels enrollment and license of vessels navigating the western rivers and the northern waters, waters on the northern, northeastern, and northwestern frontiers of the how may be issued United States, otherwise than by sea, approved February twenty-eighth, or renewed in dis- eighteen hundred and sixty-five, are hereby extended to include all vestricts other than sels of the United States navigating the waters of the United States. NOTE. (1) The provisions of the act of 1865, ch. 69 (13 Stat. L., 444), here referred to, are incorporated into Revised Statutes in the section noted in the margin. CHAPTER 107. AN ACT TO AUTHORIZE THE EMPLOYMENT OF CERTAIN ALIENS AS ENGINEERS AND PILOTS. April 17, 1874. 18 Stat. L., 30. censed as Aliens, in certain cases, may be licensed as engineers and pilots to serve on steam-vessels. Be it enacted, &c., That any alien who, in the manner provided for by law, has declared his intention to become a citizen of the United States, cases, may be liand who shall have been a permanent resident of the United States for engiat least six months immediately prior to the granting of such license, serve may be licensed, as if already naturalized, to serve as an engineer or vessels. pilot upon any steam-vessel subject to inspection under the provisions R. S., 6 4131, of the act entitled (1) "An act to provide for the better security of life on 4438, 4441, 4442. board of vessels propelled, in whole or in part, by steam, and for other purposes," approved February twenty-eighth, eighteen hundred and seventy-one. [April 17, 1874.] NOTE.-(1) The provisions of the act of 1871, ch. 100 (16 Stat. L., 440), here referred to, are incorporated into the Revised Statutes in the sections noted in the margin. CHAPTER 110. AN ACT TO AMEND THE ACT ENTITLED "AN ACT FOR ENROLLING AND LICENSING HUNDRED AND NINETY-THREE. Certain canal-boats exempt from cnrollment and license, and from payment of customs fees. April 18, 1874. 18 Stat. L., 31. Certain canal enrollment and license, and from Be it enacted, &c., (1) That the act to which this is a supplement shall not be so construed as to extend the provisions of the said act to canal boats boats exempt from or boats employed on the internal waters or canals of any State; and all such boats, excepting only such as are provided with sails or pro- customs fees. pelling machinery of their own adapted to lake or coastwise navigation, and excepting such as are employed in trade with the Canadas, shall be exempt from the provisions of the said act, and from the payment of all customs and other fees under any act of Congress. [April 18, 1874.] NOTE.-(1) The provisions of the act of 1793, ch. 8 (1 Stat. L., 305), here referred to, are incorporated into R. S., §§ 4220, 4311-4390. 15 Opin. Att'y Gen., 52. 16 Opin. Att'y Gen., 247. CHAPTER 111. AN ACT TO SECURE TO THE DOMESTIC AND FOREIGN MISSIONARY SOCIETY OF THE April 18, 1874. 18 Stat. L., 31. Land in White Earth Indian reservation in Min- -on condition that estate shall cease when not so nesota granted for missionary and school par- used. Land in White poses. ervation in Min and Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized and directed, by and with the consent of the Missis- Earth Indian ressippi bands of Chippewa Indians, to cause to be issued a patent to the nesota granted for Domestic and Foreign Missionary Society of the Protestant Episcopal missionary Church in the United States, for eighty acres of land, to embrace the school purposes. church, parsonage and hospital, and such other buildings as may have been, or may, prior to the issue of such patent be, erected by and under the direction of said society on the White Earth Indian reservation in Minnesota, said land to be selected by the person acting under the au thority of said society, and reported by the United States agent for the Chippewa Indians in Minnesota, through the Office of Indian Affairs, to the Secretary of the Interior: Provided, That the estate to be conveyed to said society shall cease -on condition and be determined when the land and the erections thereon shall no that estate shall longer be occupied and used by said society for missionary and school used. purposes. [April 18, 1874.] cease when not so |