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- of commissioners.

Accounts and

sarily performed as therein stated; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be entered of record an order approving or disapproving the account, as may be according to law, and just.

United States commissioners shall forward their accounts, duly verified by oath, to the district attorneys of their respective districts, by whom they shall be submitted for approval in open court, and the court shall pass upon the same in the manner aforesaid.

Accounts and vouchers of clerks, marshals, and district attorneys, vouchers to be shall be made in duplicate, to be marked respectively "original" and made in duplicate. "duplicate".

Clerk and marshal; when to give increased bond.

R. S., §§ 783, 795.

Bonds of clerks

courts.

R. S., § 795.

And it shall be the duty of the clerk to forward the original accounts and vouchers of the officers above specified, when approved, to the proper accounting officers of the Treasury, and to retain in his office the duplicates, where they shall be open to public inspection at all times.

Nothing contained in this act shall be deemed in any wise to diminish or affect the right of revision of the accounts to which this act applies by the accounting officers of the Treasury, as exercised under the laws now in force.

SEC. 2. That whenever the business of the courts in any judicial district shall make it necessary, in the opinion of the Attorney General, for the clerk or marshal to furnish greater security than the official bond now required by law, a bond in a sum not to exceed forty thousand dollars shall be given when required by the Attorney General, who shall fix the amount thereof.

SEC. 3. That the clerks of the Supreme Court and the circuit and disof Supreme, cir- trict courts, respectively, shall each, before he enters upon the execution cuit, and district of his office, give bond, with sufficient sureties, to be approved by the court for which he is appointed, to the United States, in the sum of not less than five, and not more than twenty thousand dollars, to be determined and regulated by the Attorney-General of the United States, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court of which he is clerk;

Notice to execute

new bonds to be given by district attorneys.

And it shall be the duty of the district attorneys of the United States, upon requirement by the Attorney General, to give thirty days notice of motion in their several courts that new bonds, in accordance with the terms of this act, are required to be executed; and upon failure of any clerk to execute such new bonds, his office shall be deemed vacant. Attorney-Gen- The Attorney General may at any time, upon like notice through the eral may require district attorney, require a bond of increased amount, in his discretion, increased bonds of from any of said clerks within the limit of the amount above specified; and the failure of the clerk to execute the same shall in like manner vacate his office.

clerks of courts.

Copies of clerks' All bonds given by the clerks shall, after approval, be recorded in bonds to be evi- their respective offices, and copies thereof from the records, certified by dence; disposition the clerks respectively, under seal of court, shall be competent evidence of originals. in any court. The original bonds shall be filed in the Department of Justice.

Mand a mus by circuit court to of ficers to perform

duties of this act.

Clerk of district

or circuit court failing to make any report, &c., to be

SEC. 4. That the circuit courts of the United States, for the purposes of this act, shall have power to award the writ of mandamus, according to the course of the common law, upon motion of the Attorney-General or the district attorney of the United States, to any officer thereof, to compel him to make the returns and perform the duties in this act required.

SEC. 5. That if any clerk of any district or circuit court of the United States shall willfully refuse or neglect to make any report, certificate, statement, or other document required by law to be by him made, or shall willfully refuse or neglect to forward any such report, certificate, R. S., §§ 797, 798. statement, or document to the department, officer, or person to whom, 1879, March 1, by law, the same should be forwarded, the President of the United ch. 125, § 2. States is empowered, and it is hereby made his duty, in every such case,

removed.

to remove such clerk so offending from office by an order in writing for that purpose.

And upon the presentation of such order, or a copy thereof, authenticated by the Attorney-General of the United States, to the judge of the court whereof such offender is clerk, such clerk shall thereupon be deemed to be out of office, and shall not exercise the functions thereof.

And such district judge, in the case of the clerk of a district court, -appointment of shall appoint a successor; and in the case of the clerk of a circuit court, successor. the circuit judge shall appoint a successor.

And such person so removed shall not be eligible to any appointment -disqualification as clerk or deputy clerk for the period of two years next after such re- on removal. moval.

SEC. 6. That if any clerk mentioned in the preceding section shall willfully refuse or neglect to make or to forward any such report, certificate, statement, or document therein mentioned, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, in the discretion of the court; but a conviction under this section shall not be necessary as a condition precedent to the removal from office provided for in this act.

additional punishment.

R. S., § 797. 1879, March 1, ch. 125, § 2.

SEC. 7. That the proviso in the sixth paragraph of the act entitled Mileage and ex"An act making appropriations for the support of the army for the fis- penses of attorcal year ending June thirtieth, eighteen hundred and seventy-five, and and clerks; how neys, marshals, for other purposes," approved June sixteenth, eighteen hundred and audited and paid. seventy-four, shall not be construed to apply or to have applied to attor R. S., §§ 827, 828, neys, marshals, or clerks of courts of the United States, their assistants or deputies.

And all accounts of said attorneys, marshals, and clerks, for mileage and for expenses incurred subsequent to the first day of July, eighteen hundred and seventy-four, and prior to the first day of January, eighteen hundred and seventy five, shall and may be audited, allowed, and paid at the Treasury Department of the United States in the same manner as if said act had not been passed.

And from and after the first day of January, eighteen hundred and seventy-five, no such officer or person shall become entitled to any allowance for mileage or travel not actually and necessarily performed under the provisions of existing law.

SEC. 8. That all acts inconsistent with the provisions of this act are hereby repealed. [February 22, 1875.]

830.

1874, June 16, ch. 285.

1875, March 3, ch. 133, § 1, par. 1. 15 Opin. Att'yGen., 108.

16 Opin. Att'yGen., 165.

Repeal.

CHAPTER 99.

AN ACT FOR THE RELIEF OF ACTUAL SETTLERS ON LANDS CLAIMED TO BE SWAMP
AND OVERFLOWED LANDS IN THE STATE OF MISSOURI.

Purchasers of lands in Missouri as swamp lands to have priority to pre-empt or homestead if lands

not in fact swamp.

Feb. 23, 1875.

18 Stat. L., 334.

as swamp lands to

Be it enacted, &c., That in all cases in the State of Missouri where Purchasers of lands have heretofore been selected and claimed as swamp and over- lands in Missouri flowed lands by said State, and the various counties therein, by virtue have priority to of any act of Congress, and said lands have been withheld from market pre-empt or homein consequence thereof by the General Government, and the said State stead if lands not and counties have sold said lands to actual settlers, and said settlers in fact swamp. R. S., §§ 2257, have improved the same to the value of one hundred dollars; said set2259, 2289.tlers, their heirs, assigns, and legal representatives, who have continued to reside thereon, shall have priority of right to preëmpt or homestead all such lands as may be rejected by the United States as not being in fact swamp and overflowed lands;

And it shall be the duty of the Secretary of the Interior to make such rules and regulations as may be necessary to carry into effect the provisions of this act:

Provided, That nothing herein contained shall prejudice the rights of any person who may have made actual settlement upon such lands under the preemption or homestead laws prior to the passage of this act. [February 23, 1875.]

March 1, 1875. 18 Stat. L., 335.

SECTION

CHAPTER 114.

AN ACT TO PROTECT ALL CITIZENS IN THEIR CIVIL AND LEGAL RIGHTS.

Preamble; equity of rights.

1. All persons to have equal rights in inns, pub-
lic conveyances, theaters, and places of
public amusement.

2. Persons violating provisions liable to penalty.
Election of remedies by persons aggrieved.
Judgment on one bars both remedies.

3. Jurisdiction of courts.

District attorneys, marshals, and commission-
ers to institute proceedings against persons
violating act.

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Equality of. Whereas, it is essential to just government we recognize the equality of rights. all men before the law, and hold that it is the duty of government in its Const. 14th Amend. dealings with the people to mete out equal and exact justice to all, of whatR. S., § 19771991. ever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law: Therefore,

Be it enacted, &c.

All persons to [SECTION 1], That all persons within the jurisdiction of the United have equal rights States shall be entitled to the full and equal enjoyment of the accomin inns, public con-modations, advantages, facilities, and privileges of inns, public conveyveyances, theaters, and places of pub- ances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.

lic amusement.

R. S., § 1977..

Persons viol a t

ing provisions lia-
ble to penalty.
R. S., § 1980.

SEC. 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such of fense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year:

Election of rem- Provided, That all persons may elect to sue for the penalty aforesaid edies by persons or to proceed under their rights at common law and by State statutes; aggrieved. and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under this act or the criminal law of any State:

Judgment on one

And provided further, That a judgment for the penalty in favor of the bars both reme- party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively.

dies.

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SEC. 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses against, and violations of, the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party;

and commission,

And the district attorneys, marshals, and deputy marshals of the District attorUnited States, and commissioners appointed by the circuit and territo- neys, marshalsrial courts of the United States, with powers of arresting and impris- ers to institute prooning or bailing offenders against the laws of the United States, are ceedings against hereby specially authorized and required to institute proceedings against persons violating every person who shall violate the provisions of this act, and cause him act. to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United States, or territorial court, as by law has cognizance of the offense, except in respect of the right of action accruing to the person aggrieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination as in other cases: Provided, That nothing contained in this section shall be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise;

Right of civil ac

tion not affected. R. S., § 1979. Failure of dis

prosecute.

And any district attorney who shall willfully fail to institute and prosecute the proceedings herein required, shall, for every such offense, for- trict attorney to feit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judgment for the penalty in favor of the Effect of judgparty aggrieved against any such district attorney, or a judgment upon ment against disan indictment against any such district attorney, shall be a bar to either prosecution respectively.

trict attorney.

Jurors not to be

ac

count of race or color.

SEC. 4. That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand excluded on or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars..

R. S., §§ 800-822. 3 Hughes, 576. 100 U.S., 339.

cases under this

SEC. 5. That all cases arising under the provisions of this act in the Supreme Court courts of the United States shall be reviewable by the Supreme Court may review all of the United States, without regard to the sum in controversy, under act. the same provisions and regulations as are now provided by law for the review of other causes in said court. [March 1, 1875.]

R. S., §§ 691, 699, par. 4.

1875, Feb. 16, ch. 77, § 3.

CHAPTER 115.

AN ACT TO AUTHORIZE THE PROMULGATION OF THE GENERAL REGULATIONS FOR THE
GOVERNMENT OF THE ARMY.

Regulations for government of Army may be made by President.

Be it enacted, &c., That so much of section twenty of the act approved July fifteenth, eighteen hundred and seventy, entitled "An act making appropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy-one, and for other purposes," as requires the system of general regulations for the Army therein authorized to be reported to Congress at its next session, and approved by that body, be, and the same is hereby, repealed;

And the President is hereby authorized, under said section, to make and publish regulations for the government of the Army in accordance with existing laws. [March 1, 1875.]

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CHAPTER 117.

March 1, 1875.

18 Stat. L., 337.

AN ACT EXPLANATORY OF THE ACT PASSED JUNE TWENTIETH, EIGHTEEN HUNDRED
AND SEVENTY-FOUR.

Cleaning streets, repairing sewers, &c., in District of Columbia declared municipal objects.

Cleaning streets, Be it enacted, &c., That it was the true intent and meaning of the act repairing sewers, passed June twentieth, eighteen hundred and seventy-four, for the gov&c., in District of Columbia declared ernment of the District of Columbia, that the sweeping, cleaning, and municipal objects. removing all refuse and filthy accumulations in the streets, alleys, and 1874, June 20, avenues of the cities of Washington and Georgetown, and the repairs ch. 337, § 2. and cleaning of the sewers, are necessary municipal objects, which be1878, March 3, ch. 180, § 3. long to the current expenses of the same, to be paid for in money as other ordinary municipal expenses;

And the proper District authorities are hereby directed to pay the parties that have heretofore performed this class of work, from the treasury of said District, out of any money not otherwise appropriated, the amount and value of said work done since the passage of the act, with legal interest from the time the same fell due under the contract, but not till after their accounts have been approved and audited as the law directs. [March 1, 1875.]

March 2, 1875.

18 Stat. L., 338.

Paymasters in Army; number of, with rank of major, to be fifty. R. S., § 1182. 1875, March 3. Res. No. 7, p. —. Need not be selected from additional paymasters.

CHAPTER 118.

AN ACT FIXING THE NUMBER OF PAYMASTERS IN THE ARMY OF THE UNITED STATES.

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[SECTION 1], That the number of paymasters is hereby established at fifty, instead of sixty, as was designated in the eighteenth section of the act of July twenty-eighth, eighteen hundred and sixty-six; (1) said paymasters to have the rank, pay, and emoluments of majors of cavalry.

SEC. 2. That so much of said eighteenth section (2) as relates to the from whom said paymasters shall be selected be, and is hereby, persons 1866, ch. 299, § 18 repealed. [March 2, 1875.]

(14 Stat. L., 335).

NOTES. (1) The provision of the act here referred to, 1866, ch. 299, § 18 (14 Stat. L., 335), is incorporated into Revised Statutes in § 1182, noted in the margin. The meaning of this act is explained by resolution, 1875, March 3, No. 7, p. 198.

(2) Section 18 of the act of 1866, ch. 299 (14 Stat. L., 335), provided that paymasters should be "selected from persons who have served as additional paymasters," but that provision is not contained in the Revised Statutes.

March 2, 1875.

CHAPTER 119.

AN ACT FURTHER SUPPLEMENTAL TO THE VARIOUS ACTS PRESCRIBING THE MODE OF
OBTAINING EVIDENCE IN CASES OF CONTESTED ELECTIONS.

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1. In contested-election cases Clerk of House to
open depositions before meeting of Congress.
Be it enacted, &c.

2. time for taking testimony in, limited.

In contested

election cases,

[SECTION 11, That so much of section one hundred and twenty-seven Clerk of House to of the Revised Statutes as requires the Clerk of the House of Repreopen depositions before meeting of sentatives to open, upon the written request of either party, any depoCongress. sition, in cases of contested election, after he shall have received the same, and prior to the meeting of Congress, be, and the same is hereby repealed.

R. S., § 127.

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