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AN ACT AMENDING THE LAWS GRANTING PENSIONS TO THE SOLDIERS AND SAILORS
March 9, 1878.
20 Stat. L., 27.
[SECTION 1], That the Secretary of the Interior be, and he is hereby, War of 1812; authorized and directed to place on the pension rolls the names of the soldiers and sailors surviving officers and enlisted and drafted men, without regard to color, of, to be placed on pension-rolls. including militia and volunteers, of the military and naval service of R. S., § 4732the United States, who served for fourteen days in the war with Great 4738. Britain of eighteen hundred and twelve, or who were in any engage- 16 Opin. Att'yment, and were honorably discharged, and the surviving widows of such officers and enlisted and drafted men.
SEC. 2. That this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any cluded. person receiving a pension of less than eight dollars per month except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month.
Pensions under this act shall be at the rate of eight dollars per month, except as herein provided, and shall be paid to the persons entitled thereto, from and after the passage of this act, for and during their natural lives:
Provided, That the pensions to widows provided for in this act shall cease when they shall marry again.
Rate and term of pension.
Proof, and pen
SEC. 3. That before the name of any person shall be placed upon the pension-rolls under this act, proof shall be made, under such rules and alty for false oath. regulations as the Commissioner of Pensions, with the approval of the Secretary of the Interior, shall prescribe, that the applicant is entitled to a pension under this act;
And any person who shall falsely take any oath required to be taken under the provisions of this act shall be guilty of perjury;
Rolls may be cor
And the Secretary of the Interior shall cause to be stricken from the rolls the name of any person, when it shall appear, by proof satisfactory rected, &c. to him, that such name was put on said rolls by or through false or fraudulent representations, or by mistake as to the right of such person to a pension under this act.
Certificate of dis
evidence not necessary.
The loss or lack of a certificate of discharge shall not deprive the applicant of the benefit of this act, but other proof of the service per- charge and record formed and of an honorable discharge, if satisfactory, shall be deemed sufficient; and when there is no record evidence of such service and such discharge, the applicant may establish the same by other satisfactory testimony:
Grant of land
Provided, That when any person has been granted a land-warrant under any act of Congress for and on account of service in the said warrant prima war of eighteen hundred and twelve, such grant shall be prima-facie facie evidence. evidence of his service and honorable discharge, so as to entitle him, if living, or his widow, if he be dead, to a pension under this act; but such evidence shall not be conclusive, and may be rebutted by evidence that such land-warrant was improperly granted.
SEC. 4. That all applications for pensions of the classes provided for in this act heretofore or which may hereafter be made shall be considered and decided as though made under this act;
What applications to be consid
ered under this act. R. S., § 4692
And all laws now in force in regard to the manner of paying pensions, 4791.
and in reference to the punishment of frauds, shall be applicable to all claims under the provisions of this act.
SEC. 5. That the Secretary of the Interior be, and he is hereby, authorcertain pensioners ized and directed to restore to the pension-rolls the names of all persons who were stricken from rolls on acnow surviving heretofore pensioned on account of service in the war of count of the rebell- eighteen hundred and twelve against Great Britain, or for service in any of the Indian wars, and whose names were stricken from the rolls in pursuance of the act entitled "An act authorizing the Secretary of the Interior to strike from the pension-rolls the names of such persons as have taken up arms against the government, or who have in any manner encouraged the rebels," approved February fourth, eighteen hundred and sixty-two;
1862, ch. 18 (12 Stat. L., 337). 1867, Res. No. 46 (14 Stat. L., 571). R. S., § 3480,
1877, March 3, ch. 120.
And that the joint resolution (1) entitled "Joint resolution prohibiting payment by any officer of the government to any person not known to have been opposed to the rebellion and in favor of its suppression," approved March second, eighteen hundred and sixty-seven, and section four thousand seven hundred and sixteen of the Revised Statutes of the United States, shall not apply to the persons provided for by this act: -without pay Provided, That no money shall be paid to any one on account of penduring suspension. sions for the time during which his name remained stricken from the rolls. Pension given to SEC. 6. That the surviving widow of any pensioner of the war of eightwidows and or- een hundred and twelve where the name of said pensioner was stricken phans of those who were so stricken from the pension-rolls in pursuance of the act entitled "An act authoroff and died before izing the Secretary of the Interior to strike from the pension-rolls the names of such persons as have taken up arms against the government, 1862, ch. 18 (12 or who have in any manner encouraged the rebels," approved February Stat. L., 337). R. S., $$ 3480, fourth, eighteen hundred and sixty-two, and where, under the existing provisions of law, said pensioner died without his name being restored to the rolls, shall be entitled to make claim for a pension as such widow after the passage of this act:
Provided, That no such arrearages shall be paid for any period prior to the time of the removal of the disability of the pensioner, as provided in section five:
And provided further, That under this act any widow of a Revolutionary soldier who served fourteen days or was in any engagement shall be placed upon the pension-rolls of the United States, and receive a pension at the rate of eight dollars per month.
SEC. 7. That all laws and clauses of laws in conflict with this act be, and they are hereby, repealed. [March 9, 1878.]
NOTE. (1) The joint resolution here referred to of 1807, No. 46 (14 Stat. L., 571), is incorporated into
March 13, 1878.
20 Stat. L., 29.
AN ACT TO AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS THE MISSOURI
1. Railroad and wagon bridge may be built over
2. Post-route; rate payable by United States.
3. How to be constructed.
as a draw-bridge.
Opening of draw; signals.
Obstruction of navigation prohibited, &c.
Be it enacted, &c.
Laws for protection of navigation of river not modified.
4. All railroad companies to have equal use of bridge.
5. Regulations by Secretary of War.
6. Act may be altered, &c.
[SECTION 1], That any corporation existing, or which may be organwagon bridge may ized, under the laws of the State of Missouri, be, and is hereby, authorbe built over Mis- ized to construct and maintain a bridge, and approaches thereto, over souri River at Glas- the Missouri River, at or near Glasgow, in the county of Howard, in gow, Mo. R. S., § 5244- said State.
Said bridge shall be constructed to provide for the passage of rail
way-trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers.
SEC. 2. That any bridge built under this act, and subject to its limitations, shall be a lawful structure, and shall be recognized and known as payable by United a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; And it shall enjoy the rights and privileges of other post-roads in the United States.
How to be con
SEC. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in structed. length in the clear, and the main span shall be over the main channel of the river.
The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high water mark as understood at the point of location, and the bridge shall be at right angles to, and its piers parallel with, the current of the river:
Provided, That if the same shall be constructed as a draw-bridge, the -a8 draw or pivot shall be over the main channel of the river at an accessi- bridge. ble navigable point, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge:
Provided also, That said draw shall be opened promptly, upon reasonable signal, for the passing of boats; and said company or corporation draw; signals. shall maintain at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe.
No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation prohibnavigation of said river; and if any bridge erected under such authority ited, &c. shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the
expense of the owner or owners of said bridge. And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Missouri, in which any portion of said obstruction or bridge may be located:
Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same.
Laws for protection of navigation
of rivers not modi
SEC. 4. That all railroad companies desiring the use of said bridge All railroad comshall have and be entitled to equal rights and privileges relative to the panies to have equal use of bridge. passage of railway-trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use;
And in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegatious and proofs of the parties.
SEC. 5. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the Secretary of War, security of navigation of said river as the Secretary of War shall pre
scribe; and, to secure that object, the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; And until the said plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. Act may be .al- SEC. 6. That the right to alter, amend, or repeal this act is hereby extered, &c. pressly reserved. [March 13, 1878.]
March 15, 1878.
20 Stat. L., 30.
upon taking guano
AN ACT FURTHER TO SUSPEND THE OPERATIONS OF
Restriction upon taking guano from islands suspended until March 15, 1883.
Be it enacted, &c., That section five thousand five hundred and seventyfrom islands sus- four, title seventy-two, of the Revised Statutes of the United States, be, pended until and the same is hereby, further suspended, as therein set forth, for the March 15, 1883. period of five years next from and after the passage of this act. [March
R. S., § 5574.
AN ACT TO MAKE PERSONS CHARGED WITH CRIMES AND OFFENCES COMPETENT WIT-
Defendants in criminal cases may be witnesses, &c.
Be it enacted, &c., That in the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offences, and misdemeanors, in the United States courts, Territorial courts, and courts-martial, and courts of inquiry, in any State or Territory, including the District of Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness.
And his failure to make such request shall not create any presump tion against him. [March 16, 1878.]
AN ACT TO AMEND SECTION FIVE HUNDRED AND FORTY, CHAPTER ONE, TITLE THIR-
Judicial districts in Missouri; castern and western.
Be it enacted, &c., That section five hundred and forty, of chapter one and title thirteen of the Revised Statutes, be amended to read as follows: "SEC. 540. The State of Missouri is divided into two districts, which shall be called the eastern and the western district of Missouri.
The eastern district includes the counties of Schuyler, Adair, Knox, Shelby, Monroe, Pike, Montgomery, Gasconade, Franklin, Washington, Reynolds, Shannon, and Oregon, as they existed January first, eighteen hundred and fifty-seven, with all the counties east of them.
The western district includes the residue of said State. [April 8, 1878.]
AN ACT TO AUTHORIZE THE SECRETARY OF WAR TO PRESCRIBE RULES AND REGULA-
April 10, 1878.
20 Stat. L., 36.
Secretary of War may make rules respecting bids for contracts, require bonds of bidders, &c. Be it enacted, &c., That the Secretary of War is hereby authorized to Secretary of War prescribe rules and regulations to be observed in the preparation and may make rules submission and opening of bids for contracts under the War Depart. respecting bids for contracts, require bonds of bidders,
ment; And he may require any bid to be accompanied by a bond in such &c. penal sum as he may deem advisable, with good and sufficient security, R. S., 3709, conditioned that the bidder will enter into a contract agreeably to the 3714, 3716, 3717. terms of his bid, if the same be awarded to him within sixty days from the date of the opening of the bids, or otherwise pay the penalty.
No bid shall be withdrawn by the bidder within the said period of sixty days. [April 10, 1878.]
AN ACT TO PREVENT DEPREDATIONS UPON PROPERTY IN THE DISTRICT OF COLUMBIA.
April 17, 1878.
20 Stat. L., 36.
fixtures in houses
Be it enacted, &c., That every person who, in the District of Columbia, Depredation on shall willfully and without color of right, enter into any occupied or un- in District of Cooccupied dwelling-house or other building, the property of another, and shall cut, break, or tear from its place any gas-pipe, water-pipe, doorbell, or other fixture therein;
Or who shall, in such dwelling-house or other building, willfully and without color of right cut, break, or tear down any wall, or part of a wall, or door, with intent to cut, break, or tear from its place any pipe or fixture therein,
Shall, for the first offense, be fined not more than two hundred dollars, and be imprisoned in the District jail not less than two months or more than one year, and for any subsequent offense shall be imprisoned in the penitentiary for not less than one year or more than three years. [April 17, 1878.]
lumbia; how pun
AN ACT TO PRR VENT THE INTRODUCTION OF CONTAGIOUS OR INFECTIOUS DISEASES
1. Vessels from infected ports, or with infected passengers, &c., entering United States, subject to State quarantine laws and certain regulations.
2. Consuls to report vessels leaving infected ports.
Surgeon-general of marine hospital service to execute act.
3. Marine-hospital and customs officers to enforce quarantine laws.
Be it enacted, &c.
4. Surgeon-general of marine hospitals to notify
5. Officers of State quarantine system may act
State laws, &c., not to bo interfered with.
April 29, 1878.
20 Stat. L., 37.
[SECTION 1], That no vessel or vehicle coming from any foreign port Vessels from inor country where any contagious or infectious disease may exist, and no fected ports or vessel or vehicle conveying any person or persons, merchandise or ani- with infected pasmals, affected with any infectious or contagious disease, shall enter any tering United sengers, &c., enport of the United States or pass the boundary line between the United States subject to States and any foreign country, contrary to the quarantine laws of any State quarantine