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Southern and

scribed in this act, the said district shall consist of two divisions known respectively as the southern and northern divisions of said district. The southern division shall comprise all that portion of said district northern divisions. lying and being in the lower peninsula of said State, and the northern division of said district shall comprise all the territory and waters of the entire upper peninsula of said State;

Circuit and dis

And there shall be two regular terms of the circuit and district trict courts to hold courts begun and held in each of the divisions of said western district ly in each division, annually.

two terms annual

R. S., §§ 572, 658.

-terms of, in The regular terms of the circuit and district courts in said southern southern division division shall be held at the city of Grand Rapids, commencing on the at Grand Rapids. first Tuesdays of March and October in each year.

-terms of, in

The regular terms of the circuit and district courts in said northern northern division division shall be held at the city of Marquette, commencing upon the at Marquette. first Tuesdays of May and September in each year.

Issues of fact; where to be tried.

Suits; in what divisions to be brought.

Clerk of western district; where to reside and keep of

fice.

-deputy, and his duty.

District attorney and marshal.

Marshal's office

And all issues of fact shall be tried at the terms of said courts to be held in the division where such suits shall hereafter be commenced;

But nothing herein contained shall prevent the said circuit and district courts from regulating by general rule the venue of transitory actions, either in law or in equity, and from changing the same for cause. SEC. 3. That all suits and proceedings hereafter to be brought in the said circuit or district courts not of a local nature, shall be brought in a court of the division of the district where the defendant resides;

But if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may sue in either divisions and send duplicate writ or writs to the other defendants, on which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out of a court of the proper division of the said district; And the said writs when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly.

SEC. 4. The clerk of the circuit and district courts for the western district of Michigan shall reside and keep his office at Grand Rapids, and shall also appoint a deputy clerk for said courts held at Marquette, who shall reside and keep his office at that place;

And said deputy clerk shall keep in his office full records of all ac tions and proceedings in the said circuit and district courts for the northern division of said district held at that place, and shall have the same power to issue all processes from the said courts and perform any other duty that is or may be given to the clerks of other circuit and district courts in like cases.

SEC. 5. That the district attorney and marshal of the said western district of Michigan shall respectively perform the duties of district attor ney and marshal for the southern and northern divisions of said district as established by this act.

The marshal of said district shall keep an office and a deputy marshal and deputy at at Marquette in the northern division of said district. Marquette.

Criminal causes; where to be tried.

Juries for both courts. &c.

-how drawn, &c.

Pending causes

SEC. 6. Any person charged with violating any of the penal or crimi nal statutes of the United States of which the said circuit or district courts have jurisdiction, shall be proceeded against by indictment or otherwise, within the division of said district where the alleged offense or offenses shall be committed, and shall have his or her trial at a term of the said court held in said division, unless for cause shown, the judge shall otherwise direct;

And one grand and one petit jury only shall be summoned, and serve in both said courts at each term thereof;

And jurors shall be selected and drawn from the division of the said district in which they reside and in which the terms of the said circuit and district courts to which they are summoned are held.

SEC. 7. This act shall not affect or in any wise interfere with causes in eastern district. of action now pending in the circuit and district courts for the eastern

district of Michigan, but the same may be proceeded with in the same manner as though this act had not been passed:

Provided, however, That upon cause shown, the circuit and district courts for the eastern district may transfer civil causes arising in that portion of said district detached therefrom by this act to the circuit and district courts for the northern division of the western district of Michigan, provided for in this act.

The circuit and district courts for the eastern district of Michigan shall continue to have the same jurisdiction in reference to all crimes and offenses committed prior to the passage of this act in any portion of the State of Michigan by this act detached from said eastern district and attached to said western district.

SEC. 8. All provisions of law in conflict with this act are hereby repealed.

Repeal.

District court for

SEC. 9. There shall be one or more terms of the district court for the eastern district of Michigan, held annually at the United States court eastern district of room in the city of Port Huron in said district, in the discretion of the held at Port Hu Michigan to be judge of said district court, and at such times as he shall appoint there- ron. for. [June 19, 1878.]

R. S., § 572.

CHAPTER 327.

AN ACT TO LEGALIZE THE COLLECTION OF HEAD-MONEYS ALREADY PAID.
Head-money collected by States, &c., prior to January, 1877, not to be recovered back.

June 19, 1878.

20 Stat. L., 177.

Be it enacted, &c., That the acts of every State and municipal officer Head-money color corporation of the several States of the United States in the collec- lected by States, tion of head-moneys prior to the first day of January, eighteen hundred &c., prior to January, 1877, not to and seventy-seven, from the master, consignee, or owner of any vessel be recovered back. bringing passengers to the United States from a foreign port, pursuant to the then existing laws of the several States, shall be valid, and no action shall be maintained against any such State or municipal officer or corporation for the recovery of any moneys so paid or collected prior to said date. [June 19, 1878.]

7 How., 283.
11 Pet., 103.
16 Blatch., 296.
92 U.S., 259.

CHAPTER 329.

AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL
EXPENSES OF THE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE THIRTIETH,
EIGHTEEN HUNDRED AND SEVENTY-NINE, AND FOR OTHER PURPOSES.

SECTION

1. Par. 1. Compensation of Capito police.
Par. 2. Architect of Capitol under control of
Speaker, to have charge of engin
eers, &c., engaged in heating and
ventilating House of Representa-
tives.

Par. 3. Clerks, &c., for Executive Mansion.
One of executive clerks to sign pat-
ents.

Employés at Executive Mansion.
-additional in certain cases.
Two horses for messengers.

No details from departments to be
made.

Par. 4. Pay of internal-revenue gaugers.
Par. 5. Commissioner of Internal Revenue to
make annual statement to Congress
as to money paid for detecting
frauds.

Par. 6.

may employ internal-revenue agents. Par. 7. Special agents may be employed in customs service at six dollars a day. Par. 8. Refining, &c., bullion to be carried on at mints and at assay-office at New York.

Par. 9. All mints and assay-offices may pay coin and bars or coin certificates to depositors under rules, &c., of Secretary of Treasury, &c.

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June 19, 1878.

20 Stat. L., 178.

Compensation of
Capitol police.
R. S., § 1822.
14 Ct. Cls., 78.

Be it enacted, &c.
[SECTION 1.]

CAPITOL POLICE. (1)

[Par. 1.] For one captain, one thousand six hundred dollars; three lieutenants at one thousand two hundred dollars each; twenty one privates, at one thousand dollars each; and six watchmen, at nine hundred dollars each.'

Architect of Cap- [Par. 2.] All engineers and others who are engaged in heating and itol, under control ventilating the House shall be subject to the orders, and in all respects of Speaker, to have charge of engi- under the direction, of the Architect of the Capitol subject to the control neers, &c., en- of the Speaker; and no removal or appointment shall be made except gaged in heating with his approval.

and ventilating

House of Representatives. R. S., §§ 1816–1819. 1877, March 3, ch. 105, par. 3.

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Two horses for messengers.

No details from

EXECUTIVE.

[Par. 3.] For compensation to the following in the office of the President of the United States:

Private Secretary, three thousand two hundred and fifty dollars;
Assistant secretary, two thousand two hundred and fifty dollars;
Two executive clerks, at two thousand dollars each;
Stenographer, one thousand eight hundred dollars;

Steward, at one thousand eight hundred dollars;

And messenger and usher, at one thousand two hundred dollars;

And the duties prescribed by section of the Revised Statutes numbered four hundred and fifty shall devolve upon and be discharged by one of the executive clerks, to be designated by the President for that purpose.

For the following employees at the Executive Mansion, namely:
For furnace-keeper, eight hundred and sixty-four dollars;

One night-watchman, at nine hundred dollars;

One night usher, at one thousand two hundred dollars;

Two day ushers, one at the President's door, at one thousand four hundred dollars, and one at the door of the secretary, at one thousand two hundred dollars;

And two door-keepers, at one thousand two hundred dollars each;
Also for the following additional employees for the Executive Office
in lieu of those at present detailed from other departments, namely:
For one clerk of class four;

One clerk of class two;

And one clerk of class one;

One telegraph-operator, one thousand one hundred dollars;

And four messengers, at one thousand two hundred dollars each;
In all, ten thousand three hundred dollars.

And the Secretary of War is authorized to furnish two horses for the use of two of said messengers on public business;

And the force above enumerated for the use of the Executive Office departments to be and Mansion shall be in full for the same; and all details from other departments for such service are hereby excluded.

made.

Internal Revenue.

Pay of internalrevenue gaugers. R. S., 3157. 1874, June 20, ch. 328, § 1, par. 9.

1875, March 3, ch. 129, f 1, par.2.

[Internal revenue.]

[Par. 4.] Hereafter the compensation of gaugers shall not exceed five dollars per day while actually employed

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NOTE. (1) This provision, although it makes an appropriation for only one year, and so is not permanent and continuing, is inserted here because it differs from Revised Statutes, 1822, where a larger salary is named for those officers. But it has been judicially determined that the true construction of the law, as expressed by that section, in connection with the previous § 1821, as modified by the act of 1874, January 20, ch. 11, and as indicated by the course of legislation from an early period, is that the compensation of the Capitol police depends upon annual appropriations, and that they are not salaried officers.-Bradshaw's case, 14 ̊C. Cls., 78.

Internal Revenue

[Par. 5.] For detecting, and bringing to trial and punishment, persons Commissioner of guilty of violating the internal revenue laws, or accessory to the same to make annual including payments for information and detection, seventy-five thousand statement to Condollars; and the Commissioner of Internal Revenue shall make a detailed gress as to money statement to Congress once in each year as to how he has expended this paid for detecting

sum.

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frauds.

R. S., § 3463. [Par. 6.] And section thirty-one hundred and fifty-two of the Revised may employ 35 internal-revenue Statutes is hereby so amended as to permit of the employment of thirtyfive agents in lieu of the number therein named.

[Par. 7.] And the Secretary of the Treasury is hereby authorized to employ eight additional special agents in the customs service at a compensation of not exceeding six dollars per day, in the discretion of the Secretary, and actual traveling expenses when actually employed in the duties of such agency.

[Par. 8.] And refining and parting of bullion shall be carried on at the mints of the United States and at the assay-office at New York. And it shall be lawful to apply the moneys arising from charges collected from depositors for these operations pursuant to law so far as may be necessary to the defraying in full of the expenses thereof, including labor, materials, and wastage;

agents.

R. S., § 3152. 1879, March 1, ch. 125, § 2. Eight additional special agents may be employed in cusdollars a day.

toms service at six

R. S., § 2649. 1876, Ang. 15, ch. 287, par. 6.

Refining, &c., bullion to be carried on at mints

and at assay-office at New York.

R. S., § 3546. 1879, March 3,

But no part of the moneys otherwise appropriated for the support of ch. 182, § 1. the mints and the assay-office at New York shall be used to defray the expenses of refining and parting bullion;

But when the bullion received shall not, in the aggregate, be in such proportion of gold and silver as to admit of economical parting, or the necessary supplies of acids cannot be procured at reasonable rates, unparted bullion may be exchanged for fine bars, as provided in section thirty-five hundred and forty-six of the Revised Statutes of the United States.

[Par. 9.] And for the purpose of enabling the several mints and assay- All mints and offices of the United States to make returns to depositors with as little assay-offices may delay as possible, the provisions of section thirty-five hundred and forty. pay, coin or coin certificates to defive of the Revised Statutes of the United States shall hereafter apply positors under to the several mints and assay-offices of the United States;

rules, &c., of Sec

3545.
1879, March 3,

And the Secretary of the Treasury is hereby authorized to use, as retary far as he may deem it proper and expedient, for payment to depositors R. S., § 254, of bullion at the several mints and assay-offices, coin certificates, representing coin in the Treasury, and issued under the provisions of section ch. 182, § 1. two hundred and fifty-four of the Revised Statutes of the United States; all of said acts and duties to be performed under such rules and regulations as shall be prescribed by the Secretary of the Treasury.

And it shall be lawful to apply the moneys arising from charges col-charges collectlected from depositors at the several mints and assay-offices pursuant ed of depositors at; how may be used. to law, to defraying the expenses thereof, including labor, material, wastage, and use of machinery;

*

GOVERNMENT IN THE TERRITORIES.

Number and pay

[Par. 10.] That from and after the adjournment of the next session of the several Territorial Legislatures the council of each of the Territories of members of Territorial legisla of the United States shall not exceed twelve members and the House of tures prescribed. Representatives of each shall not exceed twenty-four members, and the members of each branch of the said several legislatures shall receive a compensation of four dollars per day each during the sessions provided by law, and shall receive such milage as the law provides;

And the President of the Council and the Speaker of the House of Representatives shall each receive six dollars per day for the same time.

R. S., § 1846, 1853, 1922. 1879, June 27, ch,

40.

Territories to be

And the several Legislatures at their next sessions are directed to divided into coun- divide their respective Territories into as many council and representative cil and representa- districts as they desire, which districts shall be as nearly equal as practicable taking into consideration population, except "Indians not taxed":

tive districts, &c.

R. S., §§ 1847, 1849, 1853, 1922.

Subordinate offi

cers of Territorial
legislatures.
Repealing-
R. S., § 1861.

Secretaries of

Provided, the number of council districts shall not exceed twelve, and the representative districts shall not exceed twenty four in any one of said Territories, and all parts of sections eighteen hundred and fortyseven, eighteen hundred and forty-nine, eighteen hundred and fiftythree, and nineteen hundred and twenty-two of the Revised Statutes of the United States in conflict with the provisions herein are repealed. That the subordinate officers of each branch of said Territorial legislatures shall consist of one chief clerk, who shall receive a compensation of six dollars per day; one enrolling and engrossing clerk, at five dollars per day; sergeant-at-arms and doorkeeper, at five dollars per day; one messenger and watchman, at four dollars per day each; and one chaplain, at one dollar and fifty cents per day.

Said sums shall be paid only during the sessions of said legislatures; and no greater number of officers or charges per diem shall be paid or allowed by the United States to any Territory.

And section eighteen hundred and sixty-one of the Revised Statutes is hereby repealed, and this substituted in lieu thereof:

Provided, That for the performance of all official duties in posed by the Territories allowed Territorial legislatures, and not provided for in the organic act, the secretaries of the Territories respectively shall be allowed such fees as may be fixed by the Territorial legislatures.

fees in certain

cases.

R. S., § 1843.

Expenses for

And in no case shall the expenditure for public printing in any of the public printing by Territories exceed the sum of two thousand five hundred dollars for any one year.

Territories not to

exceed $2,500 a

year.

R. S., § 1887.

Secretary of War

[Par. 11.] In the office of the Surgeon General

Provided, may detail 20 en- That the Secretary of War, if the public necessity so require, may detail geon-General's of not exceeding twenty enlisted men for clerical service in this bureau.

listed men for Sur

fice.

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Lands in States

Provided,

[Par. 12.] In the office of the Chief of Ordnance That the Secretary of War is hereby authorized to employ in this bureau not exceeding ten enlisted men.

[Par. 13.] For salary of the superintendent of the same [public documents], one thousand nine hundred dollars; and so much of section five hundred and seven of the Revised Statutes as provides for said salary is hereby repealed.

[Par. 14.] That public lands situated in States in which there are no where there are no land-offices may be entered at the General Land Office, subject to the land-offices may be entered at General provisions of law touching the entry of public lands; and that the necessary proofs and affidavits required in such cases may be made before R. S., §§ 2248- some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record.

Land Office.

2256.

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Circuit courts; clerks how ap pointed.

R. S., § 619.

And moneys received by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury.

[Par. 15.] Section six hundred and nineteen of the Revised Statutes of the United States be amended to read as follows:

"All the circuit courts of the United States shall have the appoint1874, June 22, ch. ment of their own clerks, the circuit and district judges concurring; 401, § 3.

And in case of a disagreement between the judges, the appointment shall be made by the associate justice of the Supreme Court allotted to such circuit, except in cases otherwise specially provided for by law."

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