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 proand commission, oning 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. SEC. 4. That no citizen possessing all other qualifications which are Jurors not to be color. ac or may be prescribed by law shall be disqualified for service as grand excluded on count of race or 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 Regulations for government of Army may be made by President. March 1, 1875. 18 Stat. L., 337. Be it enacted, &c., That so much of section twenty of the act approved Regulations for July fifteenth, eighteen hundred and seventy, entitled "An act making government of Arappropriations 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.] my may be made, 16 Opin. Att'y Gen., 38. CHAPTER 117. March 1, 1875. 18 Stat. L., 337. AN ACT EXPLANATORY OF THE ACT PASSED JUNE TWENTIETH, EIGHTEEN HUNDRED 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.] CHAPTER 118. 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 se AN ACT FIXING THE NUMBER OF PAYMASTERS IN THE ARMY OF THE UNITED STATES. SECTION 1. Paymasters in Army; number of, with rank 2. need not be selected from additional payof major. Be it enacted, &c. masters. [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 lected from addi- persons from whom said paymasters shall be selected be, and is hereby, 1866, ch. 299, § 18 repealed. [March 2, 1875.] tional paymasters. (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 In contestedelection cases, [SECTION 1], 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. SEC. 2. That section one hundred and seven of the Revised Statutes -time for taking of the United States shall be construed as requiring all testimony in testimony in, limcases of contested election to be taken within ninety days from the day R. S., § 107. on which the answer of the returned member is served upon the contestant. [March 2, 1875.] CHAPTER 120. AN ACT TO DECLARE THE TRUE INTENT AND MEANING OF THE TWENTIETH SECTION OF In Dakota, act exempting property from execution, &c., not repealed, except so far as is inconsistent with act making void conveyances of homestead without joinder of wife. March 2, 1875. 18 Stat. L., 338. Be it enacted, &c., That the twentieth section of the act named in the In Dakota, act title shall not be construed as an absolute repeal of chapter thirty- exempting properseven of the laws of Dakota, approved May twelfth, eighteen hundred ty from execution, and sixty-two, but only as repealing so much of said chapter thirty- except so far as in&c., not repealed, seven as is inconsistent with the first named act, and no other effect consistent with shall be given to said twentieth section. [March 2, 1875.] act making void conveyances of homestead without joinder of wife. CHAPTER 126. AN ACT IN RELATION TO THE QUARTERMASTER'S DEPARTMENT, FIXING ITS STATUS, RE- March 3, 1875. 18 Stat. L., 338. R. S.. § 1132. Be it enacted, &c. [SECTION 1], That the Quartermaster's Department of the Army shall Quartermaster's hereafter consist of the Quartermaster-General, with the rank, pay and Department of Aremoluments of a brigadier-general; four assistant quartermasters-gen- cers to consist. my; of what offieral, with the rank, pay and emoluments of colonels of cavalry; eight deputy quartermasters-general, with the rank, pay and emoluments of lieutenant-colonels of cavalry; fourteen quartermasters, with the rank, pay and emoluments of majors of cavalry; and thirty assistant quartermasters, with the rank, pay and emoluments of captains of cavalry. SEC. 2. That no more appointments shall be made in the grade of mil-military storeitary storekeepers in the Quartermaster's Department, and this grade keepers; office abolished, &c. shall cease to exist as soon as the same becomes vacant by death, resigR. S., § 1132. nation, or otherwise of the present incumbents. SEC. 3. That no officer now in service shall be reduced in rank, or de prived of his commission by reason of any provision of this act. 诺 rank, &c., of present officers not reduced. R. S., § 1194. Gen., 330. 15 Opin. Att'y SEC. 4. That no officer shall be promoted or appointed in the Quar--promotions and termaster's Department in excess of the organization prescribed by this appointments in. act, and that so much of section six of the act approved March third, eighteen hundred and sixty-nine, entitled (1) "An act making appropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy, and for other purposes", as applies to the Quartermaster's Department, be, and the same is hereby, repealed. [March 3, 1875.] NOTE. (1) The provisions of the act of 1869, ch. 124, § 6 (15 Stat. L., 318), are incorporated into Revised March 3, 1875. 18 Stat. L., 339. Tax on distilled spirits to be 90 cents a gallon. R. S., § 3251, 1875, March 3, ch. 131, § 12. 3309. tobacco 24 cents a pound. March 1, ch. 125, § 14. R. S., § 3394. 3 Hughes, 227. Contracts prior this act. CHAPTER 127. AN ACT TO FURTHER PROTECT THE SINKING-FUND AND PROVIDE FOR THE EXIGENCIES sugar in bags. Be it enacted, &c. [SECTION 1], That from and after the passage of this act there shall be levied and collected on all distilled spirits thereafter produced in the United States, a tax of ninety cents on each proof gallon, or wine-gallon when below proof, to be paid by the distiller, owner or person having possession thereof, before removal from the distillery bonded warehouse; and so much of section three thousand two hundred and fiftyone of the Revised Statutes of the United States as is inconsistent herewith is hereby repealed. SEC. 2. That section (1) three thousand three hundred and sixty-eight of the Revised Statutes be, and the same is hereby, amended by striking out the words "twenty cents a pound", and inserting in lieu thereof, the words "twenty-four cents a pound"; And that section three thousand three hundred and ninety-four (2) of the Revised Statutes be, and the same is hereby, amended by striking out the word "five" wherever it occurs therein, and inserting instead thereof the word "six", and by striking out the word "fifty” and inserting instead thereof the words "seventy-five": Provided, That the increase of tax herein provided for shall not apply to tobacco on which the tax under existing law shall have been paid when this act takes effect. And provided further, That whenever it shall be shown to the satisto Feb. 10, 1875, faction of the Secretary of the Treasury by testimony under oath that how affected by any person liable to pay the increased tax by this section imposed had prior to the tenth day of February, eighteen hundred and seventy-five, made a contract for the future delivery of such tobacco, cigars, and cigarettes at a fixed price, which contract was in writing prior to that date, such tobacco may be delivered to the contracting party entitled thereto under special permit from the Commissioner of Internal Revenue provided therefor, without previous payment of such additional tax; but the said additional tax shall be a lien thereon, and shall be paid by and collected from the purchaser under such contract before the sale or removal thereof by him, and when demanded by the collector of internal revenue for the district to which the same shall be removed for delivery to the purchaser; and any sale or removal by such purchaser, prior to the payment of such tax, shall subject him and such tobacco so sold or removed to all the penalties and processes of law provided in the case of manufacturers of tobacco so selling or removing tobacco to avoid the payment of tax. Customs duty on sugar. SEC. 3. That on all molasses, concentrated molasses, tank-bottoms, syrup of sugar cane juice, melada, and on sugars according to the Dutch R. S., § 2504 (2d standard in color, imported from foreign countries, there shall be levied, ed., p. 468). collected and paid, in addition to the duties now imposed in Schedule G, section two thousand five hundred and four of the Revised Statutes, an amount equal to twenty-five per centum of said duties as levied upon the several articles and grades therein designated; on melada, defined. Provided, That concentrated melada, or concrete, shall hereafter be classed as sugar dutiable according to color by the Dutch standard: and melada shall be known and defined as an article made in the process of NOTES. (1) The rate of taxation is again changed by act of March 1, 1879, ch. 125, § 14. (2) The amendments here made to § 3394 are incorporated therein in the second edition of the Revised Statutes. sugar-making being the cane-juice boiled down to the sugar point and containing all the sugar and molasses resulting from the boiling-process and without any process of purging or clarification, And any and all products of the sugar-cane imported in bags, mats, Sugar in bags, baskets or other than tight packages shall be considered sugar and mats, &c. dutiable as such. And provided further, That of the drawback on refined sugars exDrawback on ported allowed by section three thousand and nineteen of the Revised refined sugar; only 1 per cent. to be reStatutes of the United States, only one per centum of the amount so tained. allowed shall be retained by the United States. R. S., § 3019. 14 Opin. Att'yGen., 578. as in Revised Stat SEC. 4. That so much of section two thousand five hundred and three The 10 per cent. of the Revised Statutes as provides that only ninety per centum of the reduction of duties several duties and rates of duty imposed on certain articles therein repealed and rates enumerated by section two thousand five hundred and four shall be utes restored. levied, collected, and paid be, and the same is hereby, repealed; and R. S., §§ 2503, the several duties and rates of duty prescribed in said section two thou- 2504. sand five hundred and four shall be and remain as by that section levied, without abatement of ten per centum as provided in section two thousand five hundred and three. SEC. 5. That the increase of duties provided by this act shall not apply to any goods, wares, or merchandise actually on shipboard and bound to the United States, on or before the tenth day of February, eighteen hundred and seventy-five, nor on any such goods, wares, or merchandise on deposit in warehouses or public stores at the date of the passage of this act. 16 Opin. Att'yGen., 660. Increase of du ties, when not ap- Bolting-cloths R. S., § 2505 (2d SEC. 6. That nothing contained in the act entitled "An act to amend existing customs and internal-revenue laws, and for other purposes: s", approved February eighth, eighteen hundred and seventy five, shall be ed., p. 483). construed to impose any duty on bolting-cloths theretofore admitted free of duty; Nor to require the use of a stamp upon the receipt in the receipt-book of a savings-bank or institution for savings having no capital stock, and doing no other business than receiving deposits to be loaned or invested for the sole benefit of the parties making such deposits without profit or compensation to the association or company, when money is paid to a depositor on his pass book. [March 3, 1875.] 1875, Feb. 8, ch. quired on savings- R. S., § 3418. CHAPTER 128. AN ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST-OFFICE DEPART- SECTION 1. Par. 1. Weighing of mails to be paid for out of appropriation for inland transportation. Par. 2. Mail lettings in Maryland, Virginia, -in cach State and Territory to be 3. Congressmen may mail public documents at Be it enacted, &c., That [SECTION 1.] # SECTION 4. Accounts of Post-Office Department, how to 5. Congressional Record, &c., may be franked 7. Seeds and agricultural reports mailed free by March 3, 1875. 18 Stat. L., 340. priation for inland Par. 1.] Out of the appropriation for inland-mail transportation the Weighing of Postmaster General is authorized hereafter to pay the expenses of taking for out of appromails be paid the weights of mails on railroad routes, as provided by the act entitled (1) "An act making appropriations for the service of the Post-Office De- transportation. NOTE.-(1) The provisions here referred to in acts of 1873, ch. 231, § 17 (18 Stat. L., 341), are incorporated in the Revised Statutes in § 4002, referred to in the margin. |