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mileages and transportation in excess of the amount actually paid, ex- attorneys, and cept as above excepted, are hereby declared illegal; and no credit shall be clerks of courts. R. S., §§ 74, 1273, allowed to any of the disbursing-officers of the United States for pay- 1289, 1290, 1566, ment or allowances in violation of this provision.

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[Par. 2.] That no money shall hereafter be paid to any railroad com- Land-grant railpany for the transportation of any property or troops of the United roads not to be States over any railroad which in whole or in part was constructed by paid for transportation of property, the aid of a grant of public land on the condition that such railroad troops, officers, should be a public highway for the use of the Government of the United &c., of United States free from toll or other charge, or upon any other conditions for States. the use of such road, for such transportation; nor shall any allowance be made for the transportation of officers of the Army over any such road when on duty and under orders as military officers of the United States.

But nothing herein contained shall be construed as preventing any —may bring suits such railroad from bringing a suit in the Court of Claims for the charges therefor in Court for such transportation, and recovering for the same if found entitled of Claims, with right of appeal. thereto by virtue of the laws in force prior to the passage of this act; R. S., §§ 707, 708, provided that the claim for such charges shall not have been barred by 1059. the statute of limitations at the time of bringing the suit, and either 15 C. Cls., 126, party shall have the right of appeal to the Supreme Court of the United 16 Opin. Att'yStates;

428.

Gen., 605. And provided further, That the foregoing provision shall not apply - certain roads exfor the current fiscal year, nor thereafter, to roads where the sole con- empt from these dition of transportation is that the company shall not charge the Gov- provisions. ernment higher rates than they do individuals for like transportation, and when the Quartermaster-General shall be satisfied that this condition has been faithfully complied with.

[Par. 3.] That hereafter no money shall be expended at said [national] armories in the perfection of patentable inventions in the manufacture of arms by officers of the Army otherwise compensated for their services to the United States.

SEC. 2. That in all contracts for material for any public improvement, the Secretary of War shall give preference to American material; and all labor thereon shall be performed within the jurisdiction of the United States.

[March 3, 1875.]

Money not to be expended at armories in perfecting inventions by Ar

my officers. R. S., §§ 1662-1673. Secretary of War, in contracts ments, to give for public improve

preference to domestic materials, and all labor thereon to be performed in United States. R. S., § 3717.

CHAPTER 135.

AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE MILITARY ACADEMY FOR
THE YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND SEVENTY-SIX.

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That the President of the United States be authorized to fill any vacancy occurring at said academy by reason of death, or other cause, any person appointed by him.

March 3, 1875.

18 Stat. L., 467.

Military Acadof emy, vacancies in, may be filled by President.

R. S., § 1309-1341.

-assistant in- That the assistant instructors of tactics commanding cadet companies structors of tactics at West Point shall receive the same pay and allowances as assistant to receive pay of assistant profess- professors in the other branches of study.

ors.

R. S., § 1337. -books to be sold

to cadets at cost. R. S., §§ 1309

1341.

March 3, 1875.

18 Stat. L., 469.

Secretary of

For

text-books, books of reference,

* printing and binding text-books prepared for the special instruction of the cadets. * ** *

Provided, That said books shall be sold to the cadets at cost price and the amount received therefor shall be covered into the Treasury; [March 3, 1873.]

CHAPTER 136.

AN ACT RESTRICTING THE REFUNDING OF CUSTOM DUTIES AND PRESCRIBING CERTAIN
REGULATIONS OF THE TREASURY DEPARTMENT

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[SECTION 1], That no moneys collected as duties on imports, in acTreasury restricted cordance with any decision, ruling, or direction previously made or given in power to refund by the Secretary of the Treasury, shall, except as hereinafter provided, customs duties paid. be refunded or repaid, unless in accordance with the judgment of a cirR. S., §§ 2984, cuit or district court of the United States giving construction to the law, 30124, 3013, 5292. and from which the Attorney-General shall certify that no appeal or 15 Opin. Att'y- writ of error will be taken by the United States; or unless in pursuance Gen., 127. of a special appropriation for the particular refund or repayment to be made:

-except in cases of error of facts.

and except in

Provided, That whenever the Secretary shall be of opinion that such duties have been assessed and collected under an erroneous view of the facts in the case, he may authorize a re-examination and reliquidation in such case, and make such refund in accordance with existing laws as the facts so ascertained shall, in his opinion, justify; but no such reliquidation shall be allowed unless protest and appeal shall have been made as required by law:

Provided further, That the restrictive provisions of this act shall not case of personal ef- apply to such personal and household effects and other articles, not merfects, &c., not du- chandise, as are by law exempt from duty:

tiable.

-and cases of ex

And provided also, That this act shall not affect the refund of excess cess of deposits on of deposits based on estimated duties nor prevent the correction of errors estimated duties. in liquidation, whether for or against the Government, arising solely upon errors of fact discovered within one year from the date of payment, and, when in favor of the Government, brought to the notice of the collector within ten days from the date of discovery.

R. S., § 30124.

-decisions of, as to SEC. 2. That no ruling or decision once made by the Secretary of the customs duties, not Treasury, giving construction to any law imposing customs duties, shall to be reversed, or be reversed or modified adversely to the United States, by the same or modified adversely to United States, a succeeding Secretary, except in concurrence with an opinion of the Attorney-General recommending the same, or a judicial decision of a R. S., 249, circuit or district court of the United States conflicting with such ruling 2652, 5293. or decision, and from which the Attorney-General shall certify that no appeal or writ of error will be taken by the United States:

except, &c.

may decline to

acquiesce in decis

ion of inferior courts in any case, &c.

Provided, That the Secretary of the Treasury may in his discretion, decline to acquiesce in the judgment, decision, or ruling of an inferior court upon any question affecting the interests of the United States, when, in his opinion, such interests require a final adjudication of such 16 Opin. Att'y- question by the court of last resort. Gen., 20, 94.

SEC. 3. That the Secretary of the Treasury shall have power to make such regulations, not inconsistent with law, as may be necessary to carry this act into effect.

Secretary of Treasury to make regulatiotions under this act.

R. S., § 249. -to report to Congress annually statement of money refunded laws, &c.

SEC. 4. That the Secretary of the Treasury shall, in his annual report to Congress, give a detailed statement of the various sums of money refunded under the provisions of this act or of any other act of Congress relating to the revenue, together with copies of the rulings under which under repayments were made:

Provided, That in all cases where the Secretary of the Treasury shall so request the Attorney-General shall take an appeal to the Supreme Court. [March 3, 1875.]

R.S., §§ 257–262. may require Attorney-General to appeal any case.

CHAPTER 137.

AN ACT TO DETERMINE THE JURISDICTION OF CIRCUIT COURTS OF THE UNITED STATES,
AND TO REGULATE THE REMOVAL OF CAUSES FROM STATE COURTS, AND FOR OTHER
PURPOSES.

SECTION

1. Circuit courts; concurrent jurisdiction with State courts in civil cases.

-jurisdiction of, in cases of crimes.

Persons not to be arrested in one district for trial in another.

Suits in circuit and district courts to be brought only in district where defendant resides or isfound, except, &c.

- not to be maintained by assignee of original parties who could not have brought same, except, &c.

Appelate jurisdiction of circuit courts.

2. Suits removable from State courts to circuit courts.

-where the controversy is wholly between
citizens of different States.

3. Petition, bond, and proceedings for removal
of suits from State to Federal courts.
Suits concerning real estate claimed under
grants between citizens of same State, how
removed from State to Federal courts.
-no other title to be pleaded.

Issues of fact in circuit court to be tried by
jury, except in equity, admiralty, and mari-
time cases.

4. In cases removed from State courts, previous attachments, bonds, securities, orders, &c., to remain valid.

Be it enacted, &c.

SECTION

5. Suits improperly brought in or removed to
circuit court may be dismissed or remanded.
- subject to review by Supreme Court.

6. In suits removed to circuit courts proceedings
to be as in other cases.

7.time for filing copy of record and appear.
ance in.

- refusal of clerk of State court to furnish
copies, how punished.

court may issue mandamus to compel re-
turn of record, &c., or may make orders as
to production of copy, &c.

8. Absent defendants in suits in circuit courts,
to enforce licns, remove incumbrances or
cloud on title to property, how served with
process, &c.

-adjudication against, to affect only prop-
erty.

-such suits may be brought in either district
within which part of property is.

-not personally notified may appear within
year after judgment and have same set
aside, &c.

9. Death of party to final judgment in circuit
court before time for appeal or writ of error
expires; proceedings.
10. Repeal.

March 3, 1875.

18 Stat. L., 470.

Circuit courts;

cases.

[SECTION 1], That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of concurrent jurisall suits of a civil nature at common law or in equity, where the matter diction with State in dispute exceeds, exclusive of costs, the sum or value of five hundred courts in civil dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States or a controversy between citizens of the same State claiming lands under grants of different States, or a controversy between citizens of a State and foreign states, citizens, or subjects;

R. S., § 629. 101 U. S., 297. 13 Blatch., 388, 470.

4 Dillon, 239.

jurisdiction of,

And shall have exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, except as otherwise pro- in cases of crimes. vided by law, and concurrent jurisdiction with the district courts of the crimes and offenses cognizable therein.

But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court.

And no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, or in which he shall be found at

R. S., §§ 563, 711.

Persons not to be arrested in one district for trial in another. R. S., § 739. Suits in circuit

and district courts to be brought only

in district where the time of serving such process or commencing such proceeding, except defendant resides as hereinafter provided;

or is found, except,

&c. R. S, §§ 740-745. 3 Hughes, 249.

Suits not to be Nor shall any circuit or district court have cognizance of any suit maintained by as- founded on contract in favor of an assignee, unless a suit might have signee of original parties who could been prosecuted in such court to recover thereon if no assignment had not have brought been made, except in cases of promissory notes negotiable by the law same, except, &c. merchant and bills of exchange. R. S., § 629, par. 1. 13 Blatch., 435; Appellate juris- And the circuit courts shall also have appellate jurisdiction from the diction of circuit district courts under the regulations and restrictions prescribed by law.

courts.

R. S., jj 639-643;

17 Ib., 19; 7 Bissell, 354, 360.

Suits removable SEC. 2. That any suit of a civil nature, at law or in equity, now pendfrom State courts ing or hereafter brought in any State court where the matter in dispute to circuit courts. exceeds, exclusive of costs, the sum or value of five hundred dollars, and 94 U. S., 4, 650; 96 arising under the Constitution or laws of the United States, or treaties Ib., 199; 98 Ib., made, or which shall be made, under their authority, or in which the 403; 99 Ib., 80, 147; United States shall be plaintiff or petitioner, or in which there shall be 100 Ib., 457; 101

10., 289, 610; 7 a controversy between citizens of different States, or a controversy beBissell, 103, 449, tween citizens of the same State claiming lands under grants of differ497; 3 Dill., 284; ent States, or a controversy between citizens of a State and foreign 4 Ib., 242, 260, 264, States, citizens, or subjects, either party may remove said suit into the 10.,' 223, 489; .'63 circuit court of the United States for the proper district.

277, 425, 474; 5

Ala., 349; 3 Sawyer, 553; 4 Ib., 178; 5 Ib., 494; 3 Woods, 56, 222, 273, 277, 397, 413, 487, 620, 683, 715; 13 Blatch., 170, 395; 14 Ib., 214, 449, 451, 496; 15 Ib., 405, 433; 16 Ib., 48, 150, 182, 233, 309, 319; 17 Ib., 342, 363, 369, 370, 452, 511; 13 N. Y. Supreme, 197; 16 1b., 397 (reversed 74 N. Y., 53); · 17 Ib., 383; 18 Ib., 370, 462; 20 Ib., 332, and 76 N. Y., 207; 27 N. Y. Supreme, 239; 52 N. Y., 96; 64 Ib., 449; 65 Ib., 195; 67 ĺb., 544; 64 Ind., 360; 25 Minn., 534; 30 La. Ann., 1, 471, 1305; 31 Ib., 41, 363; 35 Mich., 146; 122 Mass., 431; 102 U. S. 135,

.where the con- And when in any suit mentioned in this section there shall be a controversy is wholly troversy which is wholly between citizens of different States, and which between citizens of can be fully determined as between them, then either one or more of the

different States.

plaintiffs or defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.

Petitions, bonds, SEC. 3. That whenever either party, or any one or more of the plaintand proceedings iffs or defendants entitled to remove any suit mentioned in the next prefor removal of suits ceding section shall desire to remove such suit from a State court to the from State to Fed- circuit court of the United States, he or they may make and file a peti

eral courts.

403; 7 Bissell, 103;

100 U. S., 457; tion in such suit in such State court before or at the term at which said 13 Blatch., 170, cause could be first tried and before the trial thereof for the removal 218, 231, 267 ; 14 of such suit into the circuit court to be held in the district where such 102, 269; 15 103 suit is pending, and shall make and file therewith a bond, with good and 4 Dillon, 559,563, sufficient surety, for his or their entering in such circuit court, on the 566; 2 Wood, 117; first day of its then next session, a copy of the record in such suit, and 3 Hughes, 234, 449, for paying all costs that may be awarded by the said circuit court, if 452; 122 Mass., 431; said court shall hold that such suit was wrongfully or improperly re28 N. J. Equity, 117; 17 Blatch., moved thereto, and also for there appearing and entering special bail 363, 522. in such suit, if special bail was originally requisite therein, it shall then be the duty of the State court to accept said petition and bond, and proceed no further in such suit, and any bail that may have been originally taken shall be discharged; and the said copy being entered as aforesaid in said circuit court of the United States, the cause shall then proceed in the same manner as if it had been originally commenced in the said circuit court;

Suits concerning And if in any action commenced in a State court the title of land be conreal estate claimed under State grants cerned, and the parties are citizens of the same State, and the matter in between citizens of dispute exceed the sum or value of five hundred dollars, exclusive of same State, how costs, the sum or value being made to appear, one or more of the plaintremoved from iffs or defendants, before the trial, may state to the court, and make affidavit, if the court require it, that he or they claim and shall rely upon a right or title to the land under a grant from a State, and pro

State to Federal

courts.
R. S., § 647.

duce the original grant, or an exemplification of it, except where the loss of public records shall put it out of his or their power, and shall move that any one or more of the adverse party inform the court whether he or they claim a right or title to the land under a grant from some other State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he or they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond as hereinbefore mentioned in this act, remove the cause for trial to the circuit court of the United States next to be holden in such district;

No other title to

And any one of either party removing the cause shall not be allowed to plead or give evidence of any other title than that by him or them be pleaded. stated as aforesaid as the ground of his or their claim,

And the trial of issues of fact in the circuit courts shall, in all suits except those of equity and of admiralty and maritime jurisdiction, be by jury.

Issues of fact in

circuit court to be tried by jury, except in equity, ad649. 100 Ü. S., 208.

miralty, and maritime cases. R. S., §§ 648, SEC. 4. That when any suit shall be removed from a State court to a In cases removed circuit court of the United States, any attachment or sequestration of from State courts, previous attachthe goods or estate of the defendant had in such suit in the State court ments, bonds, seshall hold the goods or estate so attached or sequestered to answer the curity, orders, &c., final judgment or decree in the same manner as by law they would have to remain valid. been held to answer final judgment or decree had it been rendered by the court in which such suit was commenced;

And all bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual, notwithstanding said removal;

And all injunctions, orders, and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be removed.

R, S., § 646.
13 Blatch., 227.
7 Bissell, 245.

moved to circuit

ed.

SEC. 5. That if, in any snit commenced in circuit court, or removed Suits improperly from a State court to a circuit court of the United States, it shall appear brought in or reto the satisfaction of said circuit court, at any time after such suit has court may be dis-1 been brought or removed thereto, that such suit does not really and missed or remandsubstantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and shall make such order as to costs as shall be just;

94 U. S., 4.
101 U. S., 184.
13 Blatch., 231.
3 Hughes, 452.

subject to review

But the order of said circuit court dismissing or remanding said cause to the State court shall be reviewable by the Supreme court on writ of by Supreme Court. error or appeal, as the case may be.

R. S., §§ 690–701.

In suits removed

SEC. 6. That the circuit court of the United States shall, in all suits removed under the provisions of this act, proceed therein as if the suit to circuit court, had been originally commenced in said circuit court, and the same pro- as in other cases. proceedings to be ceedings had been taken in such suit in said circuit court as shall have been had therein in said State court prior to its removal.

SEC. 7. That in all causes removable under this act, if the term of the circuit court to which the same is removable, then next to be holden, shall commence within twenty days after filing the petition and bond in the State court for its removal, then he or they who apply to remove the same shall have twenty days from such application to file said copy of record in said circuit court and enter appearance therein; and if done within said twenty days, such filing and appearance shall be taken to satisfy the said bond in that behalf;

13 Blatch., 227. 15 Blatch., 403.

3 Hughes, 449. time for filing copy of record and

appearance in.

3 Hughes, 452.

That if the clerk of the State court in which any such cause shall be refusal of clerk pending, shall refuse to any one or more of the parties or persons ap

of State court to

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