of Renewal leases, continued. Seneca Nation lease lands viduals. able for periods not exceeding twelve years, and the persons who may be at such time the owner or owners of improvements erected upon such lands, shall be entitled to such renewed leases, and to continue in possession of such lands, on such conditions as may be agreed upon by him or them and such councillors; And in case they cannot agree upon the conditions of such leases, or the amount of annual rents to be paid, then the said councillors shall appoint one person, and the other party or parties shall choose one person, as referees to fix and determine the terms of said lease and the amount of annual rent to be paid; and if the two so appointed and chosen cannot agree, they shall choose a third person to act with them, the award of whom, or the major part of whom, shall be final and binding upon the parties; And the person or persons owning said improvements shall be entitled to a lease of said land and to occupy and improve the same according to the terms of said award, he or they paying rent and otherwise complying with the said lease or said award; And whenever any lease shall expire after its renewal as aforesaid, it may, at the option of the lessee, his heirs or assigns, be renewed in the manner hereinbefore provided. SEC. 4. That said Seneca Nation is hereby authorized, by resolution not owned by indi- of its councillors, duly elected according to the laws and system of government of said nation, or in such other manner as said nation in council may determine, to lease lands within said villages to which, by the laws or customs of said nation, no individual Indian or Indians, or other person claiming under him or them, has or is entitled to the rightful possession. leased. Survey of vil- SEC. 5. That it shall be the further duty of the said commissioners lage lands now to cause all lands within such villages now leased, as hereinbefore mentioned, to be surveyed and defined as near as may be, and to cause the same to be designated upon the maps of such villages hereinbefore mentioned and provided for. Recording leases. Assignment, devise, and descent of leases. Rents due Sene All leases of lands within said villages, whether now existing or hereafter to be made under the provisions of this act, shall be recorded in the office of the clerk of said county of Cattaraugus in the same manner and with like effect as similar instruments relating to lands lying in said county outside of said reservations are recorded by the laws of said State of New York. All leases herein mentioned or provided for shall pass by assignment in writing, will, descent, or otherwise in the manner provided by the laws of said State: Provided, however, That the rights of Indians in such leases shall descend as provided by the laws of said Seneca Nation. SEC. 6. That all moneys arising from rents under the provisions of ca Nation, how re- this act which shall belong to said Seneca Nation shall be paid to and covered and ap- recoverable by the treasurer of said Seneca Nation, and expended in the plied. same manner and for the same purposes as are other revenues or moneys belonging to said Seneca Nation. Jurisdiction of SEC. 7. That the courts of the State of New York within and for the courts in New county of Cattaraugus, having jurisdiction in real actions, and the circuit and district courts of the United States in and for the northern York. R. S., §§ 541, 563, 629. Laws of New out, district of said State, shall have jurisdiction of all actions for the recov ery of rents and for the recovery of possession of any real property within the limits of said villages, whether actions of debt, ejectment, or other forms of action, according to the practice in said courts; and actions of forcible entry and detainer, or of unlawful detainer arising in said villages, may be maintained in any of the courts of said county which have jurisdiction of such actions. SEC. 8. That all laws of the State of New York now in force concern York as to laying ing the laying out, altering, discontinuing, and repairing highways and ways, to be in bridges shall be in force within said villages, and may, with the consent force in villages. of said Seneca Nation in council, extend to, and be in force beyond, said villages in said reservations, or in either of them; and all municipal laws and regulations of said State may extend over and be in force within said villages: Taxation of In Provided, nevertheless, That nothing in this section shall be construed dians not authorto authorize the taxation of any Indian, or the property of any Indian not a citizen of the United States. [February 19, 1875.] ized. CHAPTER 94. AN ACT TO AMEND AN ACT ENTITLED "AN ACT FOR THE GOVERNMENT OF THE DIS- Faith of United States pledged to secure payment of certain District of Columbia bonds. Registered bonds may be issued instead of coupon Feb. 20, 1875. 18 Stat. L., 332. Be it enacted, &c., That the seventh section of the act of Congress enFaith of United titled "An act for the government of the District of Columbia, and for States pledged to other purposes", approved June twentieth, eighteen hundred and sev- secure payment of enty-four, be, and the same is hereby, amended by inserting the words certain District of Columbia bonds. "do so" after the fortieth word following the first period in said section, 1874, June 20, so that it will read: "And the faith of the United States is hereby ch. 337, § 7. pledged that the United States will, by proper proportional appropria- 1879, March 3, tions as contemplated in this act, and by causing to be levied upon the ch.182. 14 Opin. Att'yproperty within said District such taxes as will do so, provide the reve- Gen., 445, 544. nues necessary to pay the interest on said bonds as the same may be- 15 Opin. Att'ycome due and payable, and create a sinking fund for the payment of the principal thereof at maturity": Provided That registered bonds may be issued in lieu of coupon bonds as provided in said act or exchanged for coupon bonds already issued, and the interest of all said bonds shall be payable at the Treasury of the United States. [February 20, 1875.] Gen., 56. Registered bonds may be issued in stead of coupon bonds. 1875, March 3, ch. 162, § 18. [SECTION 1], That before any bill of costs shall be taxed by any judge Accounts for or other officer, or any account payable out of the money of the United costs, &c., of States shall be allowed by any officer of the Treasury, in favor of clerks, clerks, marshals, marshals, or district attorneys, the party claiming such account shall and district attorneys; how proved, render the same, with the vouchers and items thereof, to a United States &c., before taxing circuit or district court, and, in presence of the district attorney or his or allowing. sworn assistant, whose presence shall be noted on the record, prove in R. S., §§ 824, 828, open court, to the satisfaction of the court, by his own oath or that of other persons having knowledge of the facts, to be attached to such account, that the services therein charged have been actually and neces 829. - 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 mar shal; when to give increased bond. 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 R. S., §§ 783,795. 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. Bonds of clerks of Supreme, circuit, and district courts. R. S., § 795. Notice to execute new bonds to be given by district attorneys. Attorney-General may require clerks of courts. SEC. 3. That the clerks of the Supreme Court and the circuit and district courts, respectively, shall each, before he enters upon the execution 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; 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. The Attorney General may at any time, upon like notice through the district attorney, require a bond of increased amount, in his discretion, 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. 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 duties of this act. Justice. Mand amus by SEC. 4. That the circuit courts of the United States, for the purposes circuit court to of- of this act, shall have power to award the writ of mandamus, according ficers to perform 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. Clerk of district report, &c., to be removed. SEC. 5. That if any clerk of any district or circuit court of the United or circuit court States shall willfully refuse or neglect to make any report, certificate, failing to make any 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, 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. additional punishment. R. S., § 797. 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 ch. 125, § 2. 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. 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. 830. 1874, June 16, ch. 285. 1875, March 3, ch. 133, § 1, par. 1. 15 Opin. Att'y 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 Gen., 108. hundred and seventy five, shall and may be audited, allowed, and paid at the Treasury Department of the United States in the same manner Gen., 165. 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.] 16 Opin. Att'y Repeal. CHAPTER 99. AN ACT FOR THE RELIEF OF ACTUAL SETTLERS ON LANDS CLAIMED TO BE SWAMP 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. 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 as swamp lands 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 pro visions 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 preëmption or homestead laws prior to the passage of this act. [February 23, 1875.] March 1, 1875. 18 Stat. L., 335. Equality of rights. Const. 14th Amend. R. S., 19771991. 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- 2. Persons violating provisions liable to penalty. 3. Jurisdiction of courts. District attorneys, marshals, and commission- SECTION Rights of civil actions not affected. Failure of district attorney to prosecute. Effect of judgment against district attorney. 4. Jurors not to be excluded on account of race or color. 5. Supreme Court may review all cases under this act. Whereas, it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever 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 accom. in inns, public conveyances, theaters, modations, advantages, facilities, and privileges of inns, public conveyand 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- 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. 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; |
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