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SEC. 2. That if any person shall receive, conceal, or aid in concealing, or have, or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall be convicted;
And such receiver may be tried either before or after the conviction of the principal felon, but if the party has been convicted, then the judgment against him shall be conclusive evidence in the prosecution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined [March 3, 1875.]
March 3, 1875.
18 Stat. L., 479.
Convicts for of
United States laws
AN ACT TO PROVIDE FOR DEDUCTIONS FROM THE TERMS OF SENTENCE OF UNITED
[SECTION 1], That all prisoners who have been, or shall hereafter be, fenses against convicted of any offence against the laws of the United States, and conto have deduction fined, in execution of the judgment or sentence upon such conviction, in from sentence for any prison or penitentiary of any State or Territory which has no system good conduct in of commutation for its own prisoners, shall have a deduction from their prison. several terms of sentence of five days in each and every calendar month during which no charge of misconduct shall have been sustained against each severally, who shall be discharged at the expiration of his term of sentence less the time so deducted, and a certificate of the warden or keeper of such prison penitentiary of such deduction shall be entered on the warrant of commitment:
R. S., §§ 5543, 14 Blatch., 344.
-unless they com
Provided, That, if during the term of imprisonment the prisoner shali mit offenses during commit any offence for which he shall be convicted by a jury, all remissions theretofore made shall be thereby annulled.
-to be furnished
with clothes and money in certain
SEC. 2. That on the discharge from any prison of any person convicted under the laws of the United States on indictment, he or she shall be provided by the warden or keeper of said prison with one plain suit of clothes and five dollars in money, for which charge shall be made and allowed in the accounts of said prison with the United States:
Provided, That this section shall not apply to persons sentenced for a term of imprisonment of less than six months. [March 3, 1875.]
March 3, 1875.
18 Stat. L., 480.
Port of Noble
AN ACT TO CHANGE THE NAME OF THE PORT OF NOBLEBORO TO DAMARISCOTTA.
Port of Nobleboro, Me., to be called Damariscotta.
Be it enacted, &c., That the name of the port of Nobleboro, in the boro, Me., to be county of Lincoln, State of Maine, is hereby changed to the port of called Damaris- Damariscotta. [March 3, 1875.]
R. S., § 2517, par. 8.
AN ACT AUTHORIZING THE APPOINTMENT OF GAUGERS FOR THE CUSTOMS SERVICE
Three gaugers for port of Philadelphia to be appointed; compensation, &c.
March 3, 1875.
18 Stat. L., 480.
Be it enacted, &c., That the Secretary of the Treasury be, and he is Three gaugers hereby, authorized to appoint three gaugers for the customs service at for port of Philathe port of Philadelphia from the list of officers now under appointment delphia to be appointed; compenas inspectors, whose compensation shall be the same as that paid to the sation, &c. gaugers of the port of Boston:
Provided, That the number of officers or employees in the customs 1. service at said port of Philadelphia shall not be hereby increased. [March 3, 1875.]
R. S., § 2544, par.
AN ACT TO TRANSFER THE COUNTY OF PERRY, IN THE STATE OF TENNESSEE, FROM
March 3, 1875.
18 Stat. L., 480.
R. S., § 547.
[SECTION 1], That the county of Perry, in the western judicial dis- Perry County, trict of the United States, in the State of Tennessee, be, and the same Tenn., added to middle judicial is hereby set to, and shall hereafter compose a part of the middle judi- district. cial district of the United States in said State; and all cases now commenced or depending in said western district, affected by this act, shall be heard, tried and determined in the same manner as if this act had not been passed; and the prosecution of all crimes heretofore committed in said western district shall be prosecuted and punished in the same manner as if this act had not been passed.
SEC. 2. That this act shall take effect on the fourth Monday of May, eighteen hundred and seventy-five. [March 3, 1875.]
When act takes effect.
AN ACT TO PROVIDE FOR DEDUCTING ANY DEBT DUE THE UNITED STATES FROM ANY
Judgments and claims against United States sub
ject to offset of debt from creditors; proceedings in such cases. -proceedings when claimant denies legality of set-off.
March 3, 1875.
18 Stat. L., 481.
Be it enacted, &c., That when any final judgment recovered against Judgments and the United States or other claim duly allowed by legal authority, shall claims against be presented to the Secretary of the Treasury for payment, and the ject to offsets of plaintiff or claimant therein shall be indebted to the United States in debts from creditany manner, whether as principal or surety, it shall be the duty of the ors; proceedings Secretary to withhold payment of an amount of such judgment or claim in such cases. R. S., § 1065, equal to the debt thus due to the United States; and if such plaintiff 1089, 1766, 4734. or claimant assents to such set off, and discharges his judgment or an 14 C. Cls., 484. amount thereof equal to said debt or claim, the Secretary shall execute a discharge of the debt due from the plaintiff to the United States.
But if such plaintiff, or claimant, denies bis indebtedness to the proceedings United States, or refuses to consent to the set-off, then the Secretary when claimant deshall withhold payment of such further amount of such judgment, or set-off. nies legality of
Balance, how paid when claimant obtains judg ment against United States.
claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment.
And if such debt is not already in suit, it shall be the duty of the Secretary to cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judg ment with all reasonable dispatch.
And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amount so withheld as before provided, the balance shall then be paid over to such plaintiff by such Secretary with six per cent interest, thereon for the time it has been withheld from the plaintiff. [March 3, 1875.]
March 3, 1875.
18 Stat. L., 481.
AN ACT TO MAKE EAST PASCAGOULA, IN THE STATE OF MISSISSIPPI, A PORT OF DE-
East Pascagoula, Miss., to be port of delivery.
Be it enacted, &c., That from and after the passage of this act East Miss., to be port Pascagoula, in the State of Mississippi, in the district of Pearl River, R. S., § 2566, par. shall be a port of delivery for said district. [March 3, 1875.]
Cutting or injuring, unlawfully, United States, &c.; how punished. R. S., § 2461.
AN ACT TO PROTECT ORNAMENTAL AND OTHER TREES ON GOVERNMENT RESERVA-
1. Cutting or injuring, unlawfully, trees on lands
2. Breaking fences, walls, &c., inclosing lands
3. Breaking fences and driving cattle, &c., or
Be it enacted, &c.
Act not to apply to lands unsurveyed, or subject to pre-emption or homestead, or to mining lands.
[SECTION 1], That if any person or persons shall knowingly and unlawfully cut, or shall knowingly aid, assist, or be employed in unlawfully cutting, or shall wantonly destroy or injure, or procure to be wantonly destroyed or injured, any timber-tree or any shade or ornamental tree, or any other kind of tree, standing, growing, or being upon any land of the United States, which, in pursuance of law, have been reserved, or which have been purchased by the United States for any public use, every such person or persons so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such offense, pay a fine not exceeding five hundred dollars, or shall be imprisoned not exceeding twelve months.
Breaking fences, SEC. 2. That if any person or persons shall knowingly and unlawfully walls, &c., inclos- break or destroy any fence, wall, hedge, or gate inclosing any lands of ing lands of United the United States, which have, in pursuance of any law, been reserved States; how punished. or purchased by the United States for any public use, every such person so offending, on conviction, shall, for every such offense, pay a fine not exceeding two hundred dollars, or be imprisoned not exceeding six months.
Breaking fences SEC. 3. That if any person or persons shall knowingly and unlawfully and driving cattle, break, open, or destroy any gate, fence, hedge, or wall inclosing any &c., or permitting cattle to enter on lands of the United States, reserved or purchased as aforesaid, and shall lands of United drive any cattle, horses, or hogs upon the lands aforesaid for the purpose States; how pun- of destroying the grass or trees on the said grounds, or where they may
destroy the said grass or trees, or if any such person or persons shall knowingly permit his or their cattle, horses, or hogs to enter through any of said inclosures upon the lands of the United States aforesaid, where the said cattle, horses, or hogs may or can destroy the grass or trees or other property of the United States on the said land, every such person or persons so offending, on conviction, shall pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding twelve months: Provided, That nothing in this act shall be construed to apply to un- Act not to apply surveyed public lands and to public lands subject to pre-emption and to lands unsurhomestead laws, or to public lands subject to an act to promote the de- veyed, or subject to pre-emption or velopment of the mining resources of the United States, approved May homestead, or to tenth, eighteen hundred and seventy-two. (1) [March 3, 1875.]
NOTE.-(1) The act of 1872, ch. 152 (17 Stat. L., 91), is incorporated into Revised Statutes, §§ 2318-2337. 2288, 2289-2317,
AN ACT GRANTING TO RAILROADS THE RIGHT OF WAY THROUGH THE PUBLIC LANDS
OF THE UNITED STATES.
March 3, 1875.
18 Stat. L., 482.
[SECTION 1], That the right of way through the public lands of the Right of way United States is hereby granted to any railroad company duly organ- through public ized under the laws of any State or Territory, except the District of Co. lands, materials, lumbia, or by the Congress of the United States, which shall have filed &c., granted to station-grounds, with the Secretary of the Interior a copy of its articles of incorporation, railroads. and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road;
Also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad;
Also ground adjacent to such right of way for station-buildings, depots, machine shops, side-tracks, turn-outs, and water-stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road.
R. S., § 52565262.
SEC. 2. That any railroad company whose right of way, or whose Rights of several track or road-bed upon such right of way, passes through any canyon, roads through capass, or defile, shall not prevent any other railroad company from the non, pass, or defile, use and occupancy of the said canyon, pass, or defile, for the purposes roads at grade. and crossing other of its road, in common with the road first located, or the crossing of other railroads at grade.
And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be nec essary for the public accommodation;
And where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, aud in as perfect a manner as the original road :
Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile.
Wagon roads and highways;
Private lands SEC. 3. That the legislature of the proper Territory may provide for and possessory the manner in which private lands and possessory claims on the public claims; how condemned. lands of the United States may be condemned; and where such pro1862, ch. 120, (12 vision shall not have been made, such condemnation may be made in Stat. L., 489). accordance with section three of the act entitled (1) "An act to aid in 1864, ch. 216, § 3 the construction of a railroad and telegraph line from the Missouri River (13 Stat. L., 357). to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.
Profile of road
SEC. 4. That any railroad company desiring to secure the benefits of claiming benefits, this act, shall, within twelve months after the location of any section when to be filed, and lands to be of twenty miles of its road, if the same be upon surveyed lands, and, if sold subject to upon unsurveyed lands, within twelve months after the survey thereof right of way. by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed road is not com- within five years after the location of said section, the rights herein pleted in five years after location, granted shall be forfeited as to any such uncompleted section of said road.
Section on which
Act not to apply
to lands in reservations, &c.
-may be altered by Congress.
SEC. 5. That this act shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands especially reserved from sale, unless such right of way shall be provided for by treaty-stipulation or by act of Congress heretofore passed.
SEC. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof. [March 3, 1875.]
NOTE. (1) The true title of the act here referred to is "An Act to amend"-the rest as in the text.
AN ACT TO AMEND SECTIONS ONE THOUSAND SIX HUNDRED AND SEVENTY-FIVE, ONE
- of minsters resident and commissioners.
Par. 1. Compensation of ambassadors, envoys, Par. 2. Compensation of agent and consul-general
- of second secretaries of legation to
Be it enacted, &c.
[Par. 1.] That section one thousand six hundred and seventy-five of voys, ministers the Revised Statutes be amended so as to read as follows: (1) plenipotentiary; substitute for.
R. S., § 1675.
"SEC. 1675. Ambassadors and envoys extraordinary and ministers plenipotentiary shall be entitled to compensation at the rates following, per annum, namely:
"Those to France, Germany, Great Britain, and Russia, each, seventeen thousand five hundred dollars.
"Those to Austria, Brazil, China, Italy, Japan, Mexico, and Spain, each, twelve thousand dollars.
"Those to all other countries, unless where a different compensation is prescribed by law, each, ten thousand dollars.
"And, unless when otherwise provided by law, ministers resident and commissioners shall be entitled to compensation at the rate of seventyfive per centum, chargés d'affaires at rate of fifty per centum, and secretaries of legation at the rate fifteen per centum, of the amounts allowed
NOTE. (1) This act has been incorporated into the second edition of the Revised Statutes in the proper sections.