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 li brary in District who shall steal, wrongfully deface, injure, mutilate, tear, or destroy any of Columbia or bebook, 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. CHAPTER 318. AN ACT TO AMEND SECTION TWENTY-NINE HUNDRED AND THIRTY-ONE OF THE RE- Refund of tonnage-dues exacted contrary to treaty stipulations. June 19, 1878. 20 Stat. L., 171. 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 ex30124, 4219-4227. 1877, Feb. 27, ch. acted, as is provided in section three thousand twelve and one half of 69, par. 140. 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.] 16 Opin. Att'yGen., 103, 276. not to apply in certain cases. CHAPTER 319. 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. SECTION 2. Proceedings thereon. June 19, 1878. 20 Stat. L., 171. fund in State De [SECTION 1], That any person or persons, or body corporate holding Claims on Chiand 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 partment may be 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, Proceedings. 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.] CHAPTER 320. AN ACT TO AUTHORIZE THE CLAIMANTS TO CERTAIN LANDS IN SANTA BARBARA June 19, 1878. 20 Stat. L., 172. SECTION Claimants to 1. Claimants to lands in Rancho Las Cruces, Cal- Limits of confirmation. Be it enacted, &c. SECTION 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 perclaims 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. con Preliminary releases to be made by claimants. Appeal to Supreme Court. Provisions gov 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 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; 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 provisions of the act passed March third anno Domini eighteen hundred examinations. and fifty-one, entitled "An act to ascertain and settle private-land claims in the State of California." 1851, ch. 41 (9 Stat. L., 631). Survey and final SEC. 3. That the United States surveyor-general for California is hereby directed, upon the filing in his office by said claimants of a cer- decree. tified 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.] Patent. SECTION CHAPTER 321. 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. SECTION June 19, 1878. 20 Stat. L., 173. residents of Dis [SECTION 1], That the earnings, not to exceed one hundred dollars 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 of this act be, and they are hereby, repealed. [June 19, 1878.] Repeal. CHAPTER 322. 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, CHAPTER 323. AN ACT TO CREATE A REVENUE IN THE DISTRICT OF COLUMBIA BY LEVYING A TAX June 19, 1878. 20 Stat, L., 173. In District of Be it enacted, &c. [SECTION 1], That there shall be levied a tax of two dollars each per Columbia; tax on annum upon all dogs owned or kept in the District of Columbia; said dogs. tax to be collected as other taxes in said District are or may be collected. SEC. 2. It shall be the duty of the collector of taxes, upon receipt of said tax, to give to the person paying the same, for each dog so paid for, a suitable metallic tag, stamped with the year, showing that said tax has been duly paid; Tax-tags. Record. Evidence of payment. Dogs without tags to be seized, &c. See page 577. Dogs with tags And he shall keep a record of all such payments, with the date thereof, and the name, color, and sex of such dog, and the name of the person claiming any dog so paid for; And a copy of such record, certified under the hand and official seal of the said collector, which shall be given to any person demanding the same, upon payment of twenty-five cents therefor, shall be prima-facie evidence of such payment in any court of the District of Columbia. SEC. 3. The poundmaster of the District of Columbia shall, during the entire year, seize all dogs found running at large without the taxtag, issued by the collector aforesaid, attached, and shall impound the same; And if, within forty-eight hours, the same are not redeemed, by the owners thereof, by the payment of two dollars, they shall be sold or destroyed, as the poundmaster may deem advisable; and any sale made by virtue hereof shall be deemed valid to all intents and purposes in all the courts of the District of Columbia. SEC. 4. Any dog wearing the tax-tag hereinbefore provided for shall to be personal be permitted to run at large in the District of Columbia, and shall be sons injuring, &c., regarded as personal property in all the courts of said District; property, and per liable therefor. Owners liable for injuries by dogs. Dog-collars; provisions cerning. Muzzles. And any person injuring or destroying the same shall be liable to a civil action for damages, which, upon proof of said injuring or killing may be awarded in a sum equal to the value usually put upon such property by persons buying and selling the same, subject to such modification as the particular circumstances of the case may make proper, SEC. 5. Any person owning any dog so recorded in the collector's office shall be liable in a civil action for any damage done by said dog to the full amount of the injury inflicted. SEC. 6. It shall be the duty of any person owning or possessing a dog con- to place, or cause to be placed and kept, around the neck of such dog, a collar, on which shall be marked and engraved, in legible and durable characters, the name of the owner or possessor, and the letters "D. C.", and to which collar must be attached the insignia or tax-tag furnished by the District tax-collector, in accordance with the first and second sections of this law, under the penalty of not less than five nor more than ten dollars; Penalty for re And if any person shall put, or cause to be put, a collar, with the insignia or tax-tag, around the neck of any dog owned or possessed by any person or persons residing in the District, without having obtained a license for keeping such animal, he, she, or they shall forfeit and pay the sum of not less than five nor more than ten dollars for each and every offense. SEC. 7. Whenever it shall be made to appear to the Commissioners that there are good reasons for believing that any dog or dogs within the District are mad, it shall be the duty of the Commissioners to issue a proclamation requiring that all dogs shall, for a period to be defined in the proclamation, wear good, substantial muzzles securely put on, so as to prevent them from biting or snapping; And any dog going at large during the period defined by the Com missioners without such muzzle shall be taken by the poundmaster and impounded, subject to the provisions of section three." SEC. 8. Any person who shall remove, or cause to be removed, the colmoving collar, &c. lar and insignia or tax-tag from the neck of any dog, or entice any properly licensed dog into any inclosure for the purpose of taking off its collar or insignia, or shall for such purpose decoy or entice any animal out of Penalty for mo the inclosure or house of its owner or possessor, or shall seize or molest any dog while held or led by any person, or shall bring any dog into the District for the purpose of taking up and killing the same, shall forfeit lesting led dog. and pay a sum of not more than twenty dollars. SEC. 9. If any owner or possessor of a fierce or dangerous dog permit for permitting the same to go at large in the District of Columbia, to the danger or dangerous dogs to annoyance of the inhabitants, he shall forfeit and pay, for the first of- go at large, &c. fense, ten dollars; for the second, a sum not exceeding twenty dollars; and upon a third conviction for the same offense, the Commissioners shall immediately cause the dog, upon account of which the conviction takes place, to be slain and buried. SEC. 10. That all acts or parts of acts now in force in the District of Repeal. Columbia inconsistent with the provisions of this act be, and the same are hereby, repealed. [June 19, 1878.] CHAPTER 324. AN ACT TO AID VESSELS WRECKED OR DISABLED IN THE WATERS CONTERMINOUS TO - after issue of proclamation of reciprocity. - not after reciprocity has ceased. June 19, 1878. 20 Stat. L., 175. Canadian vessels vessels in United Be it enacted, &c., That Canadian vessels of all descriptions may render aid or assistance to Canadian or other vessels wrecked or disabled may aid wrecked in the waters of the United States contiguous to the Dominion of Canada: States waters. Provided, That this act shall not take effect until proclamation by the after issue of President declaring that the privilege of aiding American or other ves- proclamation of sels wrecked or disabled in Canadian waters contiguous to the United reciprocity. States has been extended by the government of the Dominion of Canada and declaring this act to be in force: And provided further, That this act shall cease to be in force from and not after reciafter the date of proclamation by the President to the effect that said procity has ceased. reciprocal privilege has been withdrawn or revoked by the said Government of the Dominion of Canada. [June 19, 1878.] CHAPTER 326. AN ACT TO DETACH CERTAIN TERRITORY FROM THE EASTERN JUDICIAL DISTRICT OF June 19, 1878. 20 Stat. L., 175. tain counties here [SECTION 1], That the counties of Chippewa, Schoolcraft, Marquette, Western judicial Houghton, Keweenaw, Ontonagon, Isle Royale, Baraga, and Mackinaw district of Michibeing and including all that portion of the territory and waters of said gan to include cereastern district lying in the upper peninsula of Michigan be and the tofore in eastern same are hereby detached from the eastern judicial district of Michigan district. and attached to the western judicial district of said State. SEC. 2. That for the trial and determination of all causes and proceedings cognizable and triable in the circuit and district courts of the United States for the western district of Michigan as bounded and de R. S., § 538. - divided. |