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AN ACT TO PROVIDE FOR THE HOLDING OF A TERM OF THE DISTRICT AND CIRCUIT
Circuit and district courts to be held at Lincoln, Nebr., &c.
Be it enacted, &c., That there shall be one term of the United States district and circuit courts for the district of Nebraska, held in the city of Lincoln, Nebraska, on the first Monday of January in each year from and after the passage of this act; and one grand jury and one petit jury only shall be summoned and serve in both of said courts at each term thereof [June 19, 1878.]
AN ACT TO CREATE AN AUDITOR OF RAILROAD ACCOUNTS AND FOR OTHER PURPOSES.
1. Repeal of provisions requiring certain reports from railroad companies.
2. Auditor of Railroad Accounts to be appointed. -salary of.
- assistants and clerks of.
-traveling expenses of. -free transportation of. -incidental expenses of.
Be it enacted, &c.
June 19, 1878.
20 Stat. L., 169.
[SECTION 1], That section twenty of the act entitled "An act to aid Repeal of proin the construction of a railroad and telegraph line from the Missouri visions requiring certain reports River to the Pacific Ocean, and to secure to the government the use of from railroad comthe same for postal, military and other purposes", approved July first anno Domini eighteen hundred and sixty-two, and the act entitled "An act relative to filing reports of railroad companies" approved June twenty-fifth, anno Domini eighteen hundred and sixty-eight, be, and the same are hereby, repealed.
SEC 2. That the office of Auditor of Railroad Accounts is hereby established as a bureau of the Interior Department. The said Auditor shall be appointed by the President of the United States, by and with the advice and consent of the Senate.
1862, ch. 120 (12 Stat. L., 498). Stat. L., 79). 1868, ch. 77 (15
Auditor of Railroad Accounts to be appointed.
R. S., §§ 437-439, 5256-5262. 1881, March 3, ch. 130, par. 3.
The annual salary of the said Auditor shall be, and is hereby, fixed-salary of. at the sum of five thousand dollars.
To assist the said Auditor to perform the duties of said office, the assistants and Secretary of the Interior shall appoint one bookkeeper at an annual sal. clerks of. ary of two thousand four hundred dollars, one assistant bookkeeper at
an annual salary of two thousand dollars, one clerk at an annual salary of
one thousand four hundred dollars, and one copyist at an annual salary of nine hundred dollars.
Actual and necessary traveling and other expenses incurred in visit--traveling exing the offices of the railroad companies hereinafter described, and for penses of. which vouchers shall be rendered, are hereby allowed, not to exceed the
sum of two thousand dollars per annum;
And it is hereby specially provided that each of said railroad compa--free transportanies shall furnish transportation over its own road, without expense to tion of.
the United States, for the said Auditor or any person acting under his direction.
Incidental expenses for books, stationery and other material necessary incidental exfor the use of said bureau are hereby allowed not to exceed the sum of penses of. seven hundred dollars per annum.
And the sum of twelve thousand dollars is hereby appropriated for the uses and purposes of this act for the fiscal year ending June thir
tieth, anno Domini eighteen hundred and seventy-nine.
SEC. 3 That the duties of the said Auditor under and subject to the Duties of Auditor.
Auditor to make annual report.
received bonds or
direction of the Secretary of the Interior shall be, to prescribe a system of reports to be rendered to him by the railroad companies whose roads are in whole or in part west, north, or south of the Missouri River, and to which the United States have granted any loan of credit or subsidy in bonds or lands;
To examine the books and accounts of each of said railroad companies once in each fiscal year, and at such other times as may be deemed by him necessary to determine the correctness of any report received from them;
To assist the government directors of any of said railroad companies in all matters which come under their cognizance whenever they may officially request such assistance;
To see that the laws relating to said companies are enforced;
To furnish such information to the several departments of the government in regard to tariffs for freight and passengers and in regard to the accounts of said railroad companies as may be by them required, or, in the absence of any request therefor, as he may deem expedient for the interest of the government;
And to make an annual report to the Secretary of the Interior, on the first day of November, on the condition of each of said railroad companies, their roads, accounts, and affairs, for the fiscal year ending June thirtieth immediately preceding.
SEC 4. That each and every railroad company aforesaid which has panies which have received from the United States any bonds of the said United States, lands from United issued by way of loan to aid in constructing or furnishing its road, or States to make re- which has received from the United States any lands granted to it for ports and submit a similar purpose, shall make to the said Auditor any and all such rebooks. ports as he may require from time to time and shall submit its books and records to the inspection of said Auditor or any person acting in his place and stead, at any time that the said Auditor may request, in the office where said books and records are usually kept;
-penalty for neglect, &c.
Act to apply to assignees of such companies.
When act takes effect.
And the said Auditor, or his authorized representative, shall make such transcripts from the said books and records as he may desire.
SEC 5. That if any railroad company aforesaid shall neglect or refuse to make such reports as may be called for, or refuse to submit its books and records to inspection, as provided in section four of this act, such neglect or refusal shall operate as a forfeiture, in each case of such neglect or refusal, of a sum not less than one thousand nor more than five thousand dollars, to be recovered by the Attorney-General of the United States in the name and for the use and benefit of the United States;
And it shall be the duty of the Secretary of the Interior, in all such cases of neglect or refusal as aforesaid, to inform the Attorney-General of the facts, to the end that such forfeiture or forfeitures may be judicially enforced.
SEC. 6. This act shall apply to any and all persons or corporations into whose hands either of said railroads may lawfully come, as well as to the original companies.
SEC 7. This act shall take effect on and after the first day of July, anno Domini eighteen hundred and seventy-eight. [June 19, 1878.]
June 19, 1878. 20 Stat. L., 171.
AN ACT TO PROTECT PUBLIC LIBRARIES IN THE DISTRICT OF COLUMBIA, AND FOR
Stealing, injuring, &c., books, maps, &c., in Library of Congress, or any public library in District of
Stealing, injur- Be it enacted, &c., That any person who shall steal, wrongfully deface, ing, &c., books, injure, mutilate, tear, or destroy any book, pamphlet, or manuscript, or maps, &c., in Li- any portion thereof, belonging to the Library of Congress, or to any
public library in the District of Columbia, whether the property of the brary of Congress, United States or of any individual or corporation in said District, or or any public liwho shall steal, wrongfully deface, injure, mutilate, tear, or destroy any of Columbia or bebrary in District book, pamphlet, document, manuscript, print, engraving, medal, news- longing to United paper, or work of art, the property of the United States, shall be held States; how punguilty of a misdemeanor, and, on conviction thereof, shall, when the ished. offense is not otherwise punishable by some statute of the United States, be punished by a fine of not less than ten dollars nor more than one thousand dollars, and by imprisonment for not less than one nor more than twelve months, or both, for every such offense. [June 19, 1878.]
R. S., §§ 80-100.
AN ACT TO AMEND SECTION TWENTY-NINE HUNDRED AND THIRTY-ONE OF THE RE-
Refund of tonnage-dues exacted contrary to treaty stipulations.
Refund of ton
Be it enacted, &c., That the provisions of section twenty-nine hundred and thirty-one, of chapter six, title thirty-four, of the Revised Statutes, nage - dues exactshall not apply to cases of the payment of tonnage-tax on vessels where treaty stipulaed contrary to the Secretary of the Treasury and Attorney-General shall be satisfied tions. that the exaction of such tax was in contravention of treaty provisions; R. S., §§ 2931, and he may draw his warrant for the refund of the tax so illegally ex- 30123, 4219-4227. acted, as is provided in section three thousand twelve and one half of said statutes:
Provided, That this act shall not be construed to authorize the refunding of any tonnage-duties whatever exacted prior to the first day of June eighteen hundred and sixty-two, nor shall it apply to cases of the payment of tonnage-tax heretofore made on vessels other than those of the Hanseatic Republics and Sweden and Norway. [June 19, 1878.]
1877, Feb. 27, ch. 69, par. 140.
16 Opin. Att'yGen., 103, 276. -not to apply in
AN ACT SUPPLEMENTARY TO THE ACT ENTITLED "AN ACT TO CARRY INTO EFFECT
1. Claims on Chinese indemnity fund in State Department may be determined in Court of Claims.
Be it enacted, &c.
2. Proceedings thereon.
June 19, 1878. 20 Stat. L., 171.
Claims on Chi
fund in State Department may be
[SECTION 1], That any person or persons, or body corporate holding and making any claim upon the balance of the fund usually designated nese indemnity and known as "the Chinese indemnity fund”, under the control of the Department of State of the United States and now unappropriated, for determined in loss sustained by the plunder and destruction, in the year eighteen hun- Court of Claims. dred and fifty-four, of the bark Caldera, and property on board of said vessel, may, at any time within twelve months after the passage of this act commence proceedings in the United States Court of Claims against the United States, in the same manner as other suits are brought, pursuant to and in virtue of the statutes of the United States and the rules of said court;
And that the said Court of Claims shall have full jurisdiction to hear and determine such claim or demand, according to the principles of justice and international law.
NOTE.-(1) For the act of March 3, 1858, ch. 77, here referred to, see 11 Stat. L., 408; and for the convention with China, therein mentioned, see 12 Stat. L., 1081, or R. S., vol. 2, Treaties, 146, with the note prefixed thereto.
1859, ch. 77 (11 Stat. L., 408). R. S., § 1059. 15 Ct. Cls., 546,
Final judgments; how paid, &c.
SEC. 2. That at the hearing or on the trial of any suit so commenced, either party, plaintiff or defendant, shall have the right to use before the court any testimony or documents which may be relevant to, and competent upon, the issues joined between the parties;
And that the proceedings, trial, decision, and judgment of the said court shall be had in the same manner as in all other cases before the said Court of Claims, and have the same effect; and that either party, plaintiff or defendant may appeal from the decision or judgment of the said Court of Claims to the Supreme Court of the United States in the same manner as now provided for in other cases:
Provided, however, That if any final judgment be found in favor of a claimant or plaintiff, the same shall only be paid and satisfied out of the balance of said Chinese indemnity fund; and if said judgment shall be in favor of the defendant, then such claimants shall be forever barred in law and equity from hereafter making any claim upon or against said fund. [June 19, 1878.]
June 19, 1878.
20 Stat. L., 172.
AN ACT TO AUTHORIZE THE CLAIMANTS TO CERTAIN LANDS IN SANTA BARBARA
1. Claimants to lands in Rancho Las Cruces, Cal-
Limits of confirmation.
Be it enacted, &c.
Preliminary releases to be made by claimants. 2. Appeal to Supreme Court.
Provisions governing court in examinations. 3. Survey, final decree, and patent.
[SECTION 1], That the claimants to lands situated in Santa Barbara lands in Rancho County, California, known as the Rancho Las Cruces, who reraign title Las Cruces, Cali- through the original Mexican grantee of said rancho, are hereby perfornia, may have claims adjudicated mitted and authorized to present their claim to said lands to the district court of the United States for the district of California for examination; And if, upon the hearing of said case, it shall appear to said court that the claim of the original grantee was good and valid under Mexican laws relating to such cases, the said court shall by decree confirm said claim:
in district court.
Limits of firmation.
Provided, That no lands shall be confirmed to said claimants by said decree exceeding in area eight thousand eight hundred and eighty-eight acres, nor any lands to which there are any valid claims existing under the pre-emption or homestead laws of the United States at the date of the passage of this act; nor shall any decree of confirmation affect any valid adverse right of any other person or persons, or give to the confirmees, or any of them, any claim upon the United States for compensation for any land such confirmees may lose by reason of pre-emption or homestead claims or adverse rights as aforesaid:
Provided further, that said claimants, before filing their claim shall leases to be made execute releases to any persons who may be in possession of any portion of said lands under valid claims under the pre emption, homestead, or other laws of the United States at the date of the passage of this act, to the portions of said lands so held respectively;
Appeal to Supreme Court.
And before rendering a decree of confirmation, the said court shall ascertain that said releases have been duly executed.
SEC. 2. That in case said claim is rejected by said court then said claimants are hereby granted the right of appeal to the Supreme Court of the United States, within the time and in the manner now provided by law in like cases.
The said courts in the examination of the claims presented by any erning courts in person under this act, shall be governed, so far as applicable, by the examinations. provisions of the act passed March third anno Domini eighteen hundred
and fifty-one, entitled "An act to ascertain and settle private-land claims in the State of California."
SEC. 3. That the United States surveyor-general for California is hereby directed, upon the filing in his office by said claimants of a certified copy of a final decree of confirmation, under the provisions of this act, to cause said claim to be surveyed as other claims of like nature are now surveyed under existing laws;
And upon the approval of said survey by the Commissioner of the General Land Office a patent shall issue to said claimants in the usual form. [June 19, 1878.]
1851, ch. 41 (9 Stat. L., 631).
Survey and final decree.
AN ACT REGULATING EXEMPTIONS IN THE DISTRICT OF COLUMBIA.
1. Earnings, not exceeding $100, of residents of District of Columbia exempt from levy, execution, &c.
Be it enacted, &c.
June 19, 1878.
20 Stat. L., 173.
residents of Dis
[SECTION 1], That the earnings, not to exceed one hundred dollar's Earnings, not each month of all actual residents of the District of Columbia, and who exceeding $100, of are married persons, or who have to provide for the support of a family trict of Columbia in said District, for two months next preceding the issuing of any writ exempt from levy, or process from any court or justice of the peace, or other officer of and execution, &c. in said District, against them, shall be exempt from attachment, levy, seizure, or sale upon such process;
And the same shall not be seized, levied on, taken, reached, or sold by attachment, execution, or any other process, or proceedings of any court, judge, justice of the peace, or other officer of and in said District; Provided, That this act and nothing herein contained shall apply, or in any manner affect any existing debt, contract, note, or judgment. SEC. 2. That all acts or parts of acts inconsistent with the provisions Repeal. of this act be, and they are hereby, repealed. [June 19, 1878.]
AN ACT TO PROVIDE FOR THE HOLDING OF TERMS OF THE DISTRICT AND CIRCUIT
June 19, 1878.
20 Stat. L., 173.
Circuit and dis
Be it enacted &c., That additional terms of the district and circuit courts of the United States for the western district of North Carolina trict courts to be held at Charlotte, shall hereafter be held in the city of Charlotte, in said State, and that N.C. said terms shall commence respectively on the second Monday of June and the second Monday of December in each and every year and shall continue until the business is disposed of.
That this act take effect from and after its passage. [June 19, 1878.]
R. S., §§ 572, 658,
AN ACT TO CREATE A REVENUE IN THE DISTRICT OF COLUMBIA BY LEVYING A TAX
June 19, 1878.
20 Stat, L., 173.