R. S., 645. furnish copies, plying to remove the same, a copy of the record therein, after tender of how punished. legal fees for such copy, said clerk so offending shall be deemed guilty of a misdemeanor, and, on conviction thereof in the circuit court of the United States to which said action, or proceeding was removed, shall be punished by imprisonment not more than one year, or by fiue not exceeding one thousand dollars, or both in the discretion of the court. -court may issue And the circuit court to which any cause, shall be removable under mandamus to com- this act shall have power to issue a writ of certiorari to said State court pel return of record, &c., or may commanding said State court to make return of the record in any such make order as to cause removed as aforesaid, or in which any one or more of the plaintproduction of iffs or defendants have complied with the provisions of this act for the copy, &c. removal of the same, and enforce said writ according to law; Absent defend And if it shall be impossible for the parties or persons removing any cause under this act, or complying with the provisions for the removal thereof, to obtain such copy, for the reason that the clerk of said State court refuses to furnish a copy, on payment of legal fees, or for any other reason, the circuit court shall make an order requiring the prosecutor in any such action or proceeding to enforce forfeiture or recover penalty as aforesaid, to file a copy of the paper or proceeding by which the same was commenced, within such time as the court may determine; and in default thereof the court shall dismiss the said action or proceeding; But if said order shall be complied with, then said circuit-court shall require the other party to plead, and said action, or proceeding shall proceed to final judgment; and the said circuit court may make an order requiring the parties thereto to plead de novo; and the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid. SEC. 8. That when in any suit, commenced in any circuit court of the ants in suits in cir- United States, to enforce any legal or equitable lien upon, or claim to, cuit courts to enforce liens, remove or to remove any incumbrance or lien or cloud upon the title to real or incumbrances or personal property within the district where such suit is brought, one or cloud on title to more of the defendants therein shall not be an inhabitant of, or found property, how within, the said district, or shall not voluntarily appear thereto, it shall served with pro- be lawful for the court to make an order directing such absent defendR. S., §§ 737, 738. ant or defendants to appear, plead, answer, or demur, by a day certain to be designated, which order shall be served on such absent defendant or defendants, if practicable, wherever found, and also upon the person or persons in possession or charge of said property, if any there be; cess, &c. -adjudication Or where such personal service upon such absent defendant or defendants is not practicable, such order shall be published in such manner as the court may direct, not less than once a week for six consecutive weeks; And in case such absent defendant shall not appear, plead, answer, or demur within the time so limited, or within some further time, to be allowed by the court, in its discretion, and upon proof of the service or publication of said order, and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; But said adjudication shall, as regards said absent defendant or deagainst, to affect fendants without appearance, affect only the property which shall have only property. been the subject of the suit and under the jurisdiction of the court therein, within such district, -such suits may And when a part of the said real or personal property against which be brought in such proceeding shall be taken shall be within another district, but withiu either district within which part the same State, said suit may be brought in either district in said State: of property is. R. S., §§ 740-742. -not person ally Provided, however, That any defendant or defendants not actually notified, may ap- personally notified as above provided may, at any time within one year pear within year after judgment and after final judgment in any suit mentioned in this section, enter his aphave same set pearance in said suit in said circuit court, and thereupon the said court aside, &c. shall make an order setting aside the judgment therein, and permitting said defendant or defendants to plead therein on payment by him or them of such costs as the court shall deem just; and thereupon said suit shall be proceeded with to final judgment according to law. SEC. 9. That whenever either party to a final judgment or decree which Death of party to has been or shall be rendered in any circuit court has died or shall die final judgment in circuit court before before the time allowed for taking an appeal or bringing a writ of error time for appeal or has expired, it shall not be necessary to revive the suit by any formal writ of error exproceedings aforesaid. pired; proceedings. R. S., §§ 955, 956. The representative of such deceased party may file in the office of the clerk of such circuit court a duly certified copy of his appointment and thereupon may enter an appeal or bring writ of error as the party he represents might have done. If the party in whose favor such judgment or decree is rendered has died before appeal taken or writ of error brought, notice to his representatives shall be given from the Supreme court, as provided in case of the death of a party after appeal taken or writ of error brought. SEC. 10. That all acts and parts of acts in conflict with the provisions Repeal. of this act are hereby repealed. [March 3, 1875.] CHAPTER 138. AN ACT RELATING TO THE PUNISHMENT OF THE CRIME OF MANSLAUGHTER. [SECTION 1], That whoever shall hereafter be convicted of the crime of manslaughter, in any court of the United States, in any State or Territory, including the District of Columbia, shall be imprisoned not exceeding ten years, and fined not exceeding one thousand dollars : Provided, That this act shall not affect or apply to any prosecution now pending, or the prosecution of any offence already committed. SEC. 2. That all acts or parts of acts inconsistent with this act are hereby repealed: Provided, That said acts shall remain in force for the punishment of all persons who have heretofore committed the crime of manslaughter. [March 3, 1875.] March 3, 1875. 18 Stat. L., 473. Manslaughter; how punished. R. S., § 5343. Repeal. R. S., § 5343. CHAPTER 139. AN ACT TO ENABLE THE PEOPLE OF COLORADO TO FORM A CONSTITUTION AND STATE March 3, 1875. 18 Stat. L., 474. [SECTION 1], That the inhabitants of the Territory of Colorado included Colorado to form in the boundaries hereinafter designated be, and they are hereby, author for admission into State government ized to form for themselves, out of said Territory, a State government, the Union. 1876, June 26, ch. 4 Dillon, 251. 147. Colorado, boundaries of. with the name of the State of Colorado; which State, when formed, shall be admitted into the Union upon an equal footing with the original States in all respects whatsoever, as hereinafter provided.(1) SEC. 2. That the said State of Colorado shall consist of all the territory included within the following boundaries, to wit: Commencing on the thirty-seventh parallel of north latitude where the twenty-fifth meridian of longitude west from Washington crosses the same; thence north, on said meridian, to the forty-first parallel of north latitude; thence along said parallel west to the thirty-second meridian of longitude west from Washington; thence south on said meridian, to the thirty-seventh parallel of north latitude; thence along said thirty-seventh parallel of north latitude, to the place of beginning. -voters of, at SEC. 3. That all persons qualified by law to vote for representatives election of repre- to the general assembly of said Territory, at the date of the passage of sentatives to con- this act, shall be qualified to be elected, and they are hereby authorized 1876, March 3, to vote for and choose representatives to form a convention under such ch. 17, § 1. vention, &c. Apportionment rules and regulations as the governor of said Territory, the chief justice, and the United States attorney thereof may prescribe; and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe; And the aforesaid representatives to form the aforesaid convention of representatives. shall be apportioned among the several counties in said Territory in proportion to the vote polled in each of said counties at the last general election as near as may be; and said apportionment shall be made for said Territory by the governor, United States district attorney, and chief justice thereof, or any two of them; Election of representatives. And the governor of said Territory shall, by proclamation, order an election of the representatives aforesaid to be held throughout the Territory at such time as shall be fixed by the governor, chief justice, and United States attorney, or any two of them, which proclamation shall be issued within ninety days next after the first day of September, eighteen hundred and seventy-five, and at least thirty days prior to the time of said election; and such election shall be conducted in the same manner as is prescribed by the laws of said Territory regulating elections therein for members of the house of representatives; and the number of members to said convention shall be the same as now constitutes both branches of the legislature of the aforesaid Territory. Meeting of con- SEC. 4. That the members of the convention thus elected shall meet vention to form at the capital of said Territory, on a day to be fixed by said governor, State constitution. chief justice, and United States attorney, not more than sixty days subsequent to the day of election, which time of meeting shall be contained in the aforesaid proclamation mentioned in the third section of this act, and, after organization, shall declare, on behalf of the people of said Territory, that they adopt the Constitution of the United States; whereupon the said convention shall be, and is hereby, authorized to form a constitution and State government for said Territory: Constitution to be republican, on account of race, color, &c. with no distinction Religious tolera tion. Provided, That the constitution shall be republican in form, and make no distinction in civil or political rights on account of race or color, except Indians not taxed, and not be repugnant to the Constitution of the United States and the principles of the Declaration of Independ ence: And provided further, That said convention shall provide, by an ordinance irrevocable without the consent of the United States and the people of said State, first, that perfect toleration of religious sentiment shall be secured, and no inhabitant of said State shall ever be molested, in person or property, on account of his or her mode of religious worship; Secondly, that the people inhabiting said Territory do agree and deunappropriated clare that they forever disclaim all right and title to the unappropriated public lands; provisions as to taxes. public lands lying within said Territory, and that the same shall be Disclaimer of NOTE. (1) The President issued his proclamation Aug. 1, 1876, hereinafter printed (1876, No. 6, p. —-), declaring the admission of Colorado as a State into the Union as complete. and remain at the sole and entire disposition of the United States, and that the lands belonging to citizens of the United States residing without the said State shall never be taxed higher than the lands belonging to residents thereof, and that no taxes shall be imposed by the State on lands or property therein belonging to, or which may hereafter be purchased by the United States. submitted to pop SEC. 5. That in case the constitution and State government shall be Colorado: conformed for the people of said Territory of Colorado, in compliance with stitution to be the provisions of this act, said convention forming the same shall pro- ular vote. vide, by ordinance, for submitting said constitution to the people of said State for their ratification or rejection, at an election, to be held at such time, in the month of July, eighteen hundred and seventy-six, and at such places and under such regulations as may be prescribed by said convention, at which election the lawful voters of said new State shall vote directly for or against the proposed constitution; Voting and re And the returns of said election shall be made to the acting governor of the Territory, who, with the chief justice and United States attorney turns. of said Territory, or any two of them, shall canvass the same; and if a majority of legal votes shall be cast for said constitution in said proposed State, the said acting governor shall certify the same to the President of the United States, together with a copy of said constitution and ordinances; whereupon it shall be the duty of the President of the United States to issue his proclamation declaring the State admitted into the Union on an equal footing with the original States, without any further action whatever on the part of Congress. Representative SEC. 6. That until the next general census said State shall be entitled to one Representative in the House of Representatives of the United in Congress. States, which Representative, together with the governor and State and other officers provided for in said constitution, shall be elected on a day subsequent to the adoption of the constitution, and to be fixed by said constitutional convention; and until said State officers are elected and qualified under the provisions of the constitution, the territorial officers shall continue to discharge the duties of their respective offices. School lands. Land for public R. S., § 2449. SEC. 7. That sections numbered sixteen and thirty-six in every township, and where such sections have been sold or otherwise disposed of by any act of Congress, other lands, equivalent thereto, in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said State for the support of common schools. SEC. 8. That, provided the State of Colorado shall be admitted into the Union in accordance with the foregoing provisions of this act, fifty buildings. entire sections of the unappropriated public lands within said State, to be selected and located by direction of the legislature thereof, and with the approval of the President, on or before the first day of January, eighteen hundred and seventy-eight, shall be, and are hereby, granted, in legal subdivisions of not less than one quarter-section, to said State for the purpose of erecting public buildings at the capital of said State for legislative and judicial purposes, in such manner as the legislature shall prescribe. SEC. 9. That fifty other entire sections of land as aforesaid, to be selected and located and with the approval as aforesaid, in legal subdivisions as aforesaid, shall be, and they are hereby, granted to said State for the purpose of erecting a suitable building for a penitentiary or State prison in the manner aforesaid. SEC. 10. That seventy-two other sections of land shall be set apart and reserved for the use and support of a State university, to be selected and approved in manner as aforesaid, and to be appropriated and applied as the legislature of said State may prescribe for the purpose named and for no other purpose. SEC. 11. That all salt-springs within said State, not exceeding twelve in number, with six sections of land adjoining, and as contiguous as may be to each, shall be granted to said State for its use, the said land Penitentiary. State university. Salt-springs. Colorado: five to be selected by the governor of said State within two years after the admission of the State, and when so selected to be used and disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt-spring or lands the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall by this act be granted' to said State. SEC. 12. That five per centum of the proceeds of the sales of agriper cent. of sales cultural public lands lying within said State which shall be sold by the of public lands for United States subsequent to the admission of said State into the Union, internal improvements. after deducting all the expenses incident to the same, shall be paid to the said State for the purpose of making such internal improvements within said State as the legislature thereof may direct: Provided, That this section shall not apply to any lands disposed of under the homestead laws of the United States, or to any lands now or hereafter reserved for public or other uses. ations. Unexpended balSEC. 13. That any balance of the appropriations for the legislative ances of appropri- expenses of said Territory of Colorado remaining unexpended shall be 1876, March 3, applied to and used for detraying the expenses of said convention, and ch. 17, § 2. for the payment of the members thereof, under the same rules and regulations and rates as are now provided by law for the payment of the territorial legislature. School-fund. Mineral lands. SEC. 14. That the two sections of land in each township herein granted for the support of common schools shall be disposed of only at public sale and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent school-fund, the interest of which to be expended in the support of common schools. SEC. 15. That all mineral-lands shall be excepted from the operation and grants of this act. [March 3, 1875.] CHAPTER 140. AN ACT TO ESTABLISH THE BOUNDARY-LINE BETWEEN THE STATE OF ARKANSAS AND March 3, 1875. 18 Stat. L., 476. Boundary be 1. Boundary between Arkansas and Indian Be it enacted, &c. 2. Boundary to be retraced and marked. [SECTION 1], That the boundary-line between the State of Arkansas tween Arkansas and the Indian country, as originally surveyed and marked, and upon and Indian coun- which the lines of the surveys of the public lands in the State of Arkantry established. sas were closed, be, and the same is hereby, declared to be the permanent boundary-line between the said State of Arkansas and the Indian country. -to be retraced and marked. SEC. 2. That the Secretary of the Interior shall, as soon as practicable, cause the boundary-line, as fixed in the foregoing section, to be retraced and marked in a distinct and permanent manner; and if the original line, when retraced, shall be found to differ in any respect from what the boundary-line would be if run in accordance with the provisions of the treaties establishing the eastern boundary-line of the Choctaw and Cherokee Nations, then the surveyors shall note such variations and compute the area of the land which in that case would be taken from the State of Arkansas or the Indian country, as the case may be; and the Secretary of the Interior shall also cause any monuments set up in any former survey indicating any line at variance with the survey provided for in this act to be obliterated. [March 3, 1875.] |