fendant or defendants reside; but if there are two or more defendants residing in different divisions, such suit may be brought in either division, and all mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or both of the divisions. SEC. 4. The clerks of the circuit and district courts for said district Deputy clerk of shall each appoint a deputy clerk at the place where their respective court for each dicircuit and district courts are required to be held in the division of the district in which vision; how apsuch clerk shall not himself reside, each of whom shall, in the absence pointed. of the clerk, exercise all the powers and perform all the duties of clerk within the division for which he shall be appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall be respectively appointed, and may be annulled by such court at its pleasure. And the clerk shall be responsible for the official acts and neglects of all such deputies. R. S., §§ 558, 624. 1878, June 19, ch. 329, § 1, par. 15. Pending suits; SEC. 5. All civil suits and proceedings now pending in the circuit or district court of said western district of Missouri, and which would, if how transferred. instituted after the passage of this act, be required to be brought in the western division of said district, may be transferred, by consent of all the parties, to said western division of said district, and there disposed of in the same manner and with like effect as if the same had been there instituted; And all process, writs, and recognizances relating to such suits and proceedings so transferred shall be considered as belonging to the term of the court in the western division of said district, in the same manner and with like effect as if they had been issued or taken in reference thereto originally. [January 21, 1879.] CHAPTER 21. AN ACT AUTHORIZING THE CHANCELLOR OF THE SMITHSONIAN INSTITUTION TO AP- Acting Secretary of Smithsonian Institution; how appointed. Jan. 24, 1879. 20 Stat. L., 264. R. S., § 5582. Be it enacted, &c., That in case of the death, resignation, sickness, or Acting Secretaabsence of the Secretary of the Smithsonian Institution, the Chancellor Ty of Smithsonian Institution; how thereof shall be, and he is hereby, authorized to appoint some person appointed. as acting secretary, who for the time being shall be clothed with all the powers and duties which by law are devolved upon the Secretary, and he shall hold said position until an election of Secretary shall be duly made, or until the Secretary shall be restored to his health, or, if absent, shall return and enter upon the duties of his office. [January 24, 1879.] CHAPTER 22. AN ACT FOR THE PROTECTION OF DAIRYMEN, AND TO PREVENT DECEPTION IN SALES Jan. 25, 1879. 20 Stat. L., 264. [SECTION 1], That every person who shall manufacture for sale, or In District of who shall offer or expose for sale, any article or substance in semblance Columbia, butter of butter or cheese, not the legitimate product of the dairy, and not and cheese made made exclusively of milk or cream, but into which the oil or fat of ani- of fat, &c., to have packages stamped mals, not produced from milk, enters as a component part, or into which Oleo-Margarine. melted butter, or any oil thereof, has been introduced to take the place of cream, shall distinctly and durably stamp, brand, or mark upon every tub, firkin, box or package of such article or substance, the word OleoMargarine, in plain Roman letters, not less than half an inch square placed horizontally in proper order thus: OLEO-MARGARINE. And in case of retail sales of such article or substance in parcels the Oleo-Margarine: seller shall in all cases deliver therewith to the purchaser a written or sale of, to be acprinted label bearing the plainly written or printed word Oleo-Margarine, companied with in type or letters as aforesaid; And every sale of such article or substance not so stamped, branded, marked, or labeled shall be void,, and no action shall be maintained for the price thereof. label. Penalty for sell SEC. 2. That every person who shall sell, or offer to sell, or have in his or her possession with intent to sell, contrary to the provisions of this ing or having in possession contraact, any of the said article or substance required by the first section of ry to act. this act to be stamped, marked, or labeled as therein stated, not so stamped, marked, or labeled, or in case of a retail sale without delivery of a label required by section one of this act, shall, for each such offense, forfeit and pay a fine of one hundred dollars, to be recovered by indictment in any court of the District of Columbia of competent jurisdiction for the trial of misdemeanors, and the one-half of such fine when paid to go to the informer, and the residue to be paid into the treasury of the District of Columbia. SEC. 3. That every person who shall sell, or offer or expose for sale, for selling withor who shall cause or procure to be sold, or offered or exposed for sale, out label. any article or substance required by the first section of this act to be marked, branded, stamped, or labeled, not so marked, branded, stamped, or labeled, shall be guilty of a misdemeanor, and, on trial for such misdemeanor, proof of the sale or offer or exposal alleged shall be presumptive evidence of knowledge of the character of the article so sold or offered. [January 25, 1879.] CHAPTER 23. AN ACT TO PROVIDE THAT ALL PENSIONS ON ACCOUNT OF DEATH, OR WOUNDS RE- SECTION 1. Pensions on account of death, wounds, &c., in 2.-rule to be adopted by Commissioner. 3. Requirement that claims shall not be prose cuted after five years from date of filing, except, &c., repealed. Be it enacted, &c. SECTION 4. Agents, &c., not to receive pay for making Jan. 25, 1879. 20 Stat. L., 265. [SECTION 1], That all pensions which have been granted under the Pensions on acgeneral laws regulating pensions, or may hereafter be granted, in conse- count of death, quence of death from a cause which originated in the United States late rebellion; wounds, &c., in service during the continuance of the late war of the rebellion, or in when to comconsequence of wounds, injuries, or disease received or contracted in mence. said service during said war of the rebellion, shall commence from the R. S., § 4692date of the death or discharge from said service of the person on whose 1879, March 3, account the claim has been or shall hereafter be granted, or from ch. 187. the termination of the right of the party having prior title to such pen- 16 Opin. Att'ysion: Gen., 374, 639. 4791. Pension; rate of arrears of. er. Provided, The rate of pension for the intervening time for which arrears of pension are hereby granted shall be the same per month for which the pension was originally granted. -rules to be adopt- SEC. 2. That the Commissioner of Pensions is hereby authorized and ed by Commission- directed to adopt such rules and regulations for the payment of the arrears of pensions hereby granted as will be necessary to cause to be paid to such pensioners, or, if the pensioners shall have died, to the person or persons entitled to the same, all such arrears of pension as the pensioner may be, or would have been, entitled to under this act. SEC. 3. That section forty-seven hundred and seventeen of the Revised Requirement that claims shall Statutes of the United States, which provides that not be prosecuted after five years from date of filing, except, &c., repealed. "No claim for pension not prosecuted to a successful issue within five years from the date of filing the same shall be admitted without record evidence from the War or Navy Department of the injury or the disease which resulted in the disability or death of the person on whose account the claim is made: Provided, That in any case in which the limitation prescribed by this section bars the further prosecution of the claim, the 1879, ch. 187, § 2. claimant may present, through the Pension Office, to the Adjutant-General of the Army or the Surgeon-General of the Navy, evidence that the disease or injury which resulted in the disability or death of the person on whose account the claim is made originated in the service and in the line of duty; R. S., § 4717. Agents, &c., not to receive pay for tion for arrears of And if such evidence is deemed satisfactory by the officer to whom it may be submitted, he shall cause a record of the fact so proved to be made, and a copy of the same to be transmitted to the Commissioner of Pensions, and the bar to the prosecution of the claim shall thereby be removed", be, and the same is hereby, repealed. SEC. 4. No claim agent or other person shall be entitled to receive any compensation for services in making application for arrears of pen sion. pension. R. S., §§ 4768, 4769, 4785, 5485. 1878, June 20, ch. 367. Repeal. SEC. 5. That all acts or parts of acts so far as they may conflict with the provisions of this act be, and the same are hereby, repealed. [January 25, 1879.] Jan. 25, 1879. 20 Stat. L., 265. CHAPTER 24. AN ACT TO FACILITATE THE REFUNDING THE NATIONAL DEBT. In refunding national debt, 4 per cent. bonds may -interest on exchange; how allowed. In refunding na cent. bonds may be exchanged for 5-20 bonds, and for other bonds, Be it enacted, &c., That the Secretary of the Treasury is hereby autional debt 4 per thorized in the process of refunding the national debt under existing be exchanged for laws to exchange directly at par the bonds of the United States bearing 5-20 bonds and for interest at four per centum per annum authorized by law for the bonds other bonds, and of the United States commonly known as five-twenties outstanding and refunding laws to apply to all 5 per uncalled, and, whenever all such five twenty bonds shall have been recent. bonds. deemed, the provisions of this section and all existing provisions of law 1870, ch. 256 (16 authorizing the refunding of the national debt shall apply to any bonds Stat. L., 272). of the United States bearing interest at five per centum per annum or a higher rate, which may be redeemable. 1875, March 3, ch. 130, § 11. - interest on ex changes; how allowed. In any exchange made under the provisions of this section interest may be allowed, on the bonds redeemed, for a period of three months. [January 25, 1879.] CHAPTER 26. AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT OF INVALID AND OTHER PEN- Be it enacted, &c. Fees of examining surgeons of pensioners. Jan. 27, 1879. 20 Stat. L., 267. Fees of examin (1) Provided, That a fee of one dollar, and no more, shall be paid to the examining-surgeon for each examination of a pensioner, as provided by ing surgeons of law, except when the examination is made by a board of surgeons, in which case the fees now allowed by law shall be paid. [January 27, 1879.] NOTE (1) This provision is repeated in the act of January 12, 1880, ch. 4, making like appropriations (21 Stat. L., 60). pensioners. 1878, June 14, ch. 188. CHAPTER 27. AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR SUN- Jan. 27, 1879. 20 Stat. L., 267. Restrictions as to binding not to apply to library of Surgeon-General's Office. Be it enacted, &c., That the act entitled "An act making appropria- Restrictions as tions for sundry civil expenses of the government for the fiscal year to binding not to ending June thirtieth, eighteen hundred and seventy-nine, and for other apply to library of Surgeon-General's purposes", approved June twentieth, eighteen hundred and seventy- office. eight, be, and the same is hereby, amended by adding to the clause of R. S., §§ 3785, said act relating to the binding of books for the departments of the government, after the words "Congressional Library", the following words; 359, 1, par. 1. "nor to the Library of the Surgeon-General's Office". [January 27, 1879.] 3790. CHAPTER 28. AN ACT MAKING APPROPRIATIONS FOR THE CONSULAR AND DIPLOMATIC SERVICE OF Fees for shipping and discharging seamen at cer- Salaries of Spanish Claims Commission. Salaries here provided for to be in full after July Jan. 27, 1879. 20 Stat. L., 267. Salaries. R. S., § 16751682. Be it enacted, &c., That the following sums be, and the same are hereby, appropriated for the service of the fiscal year ending June thirtieth, eighteen hundred and eighty, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, 275. namely:(1) NOTE. (1) This act makes appropriations for one year only, but the last clause of the act as here printed provides that the salaries herein provided for shall be in full after July 1, 1879, and repeals all laws in conflict therewith. It seems to supersede also the salaries fixed by the act of 1874, June 11, ch. 275; by the act of 1875, March 3, ch. 153, and by the act of 1878, June 4, ch. 155. 1874, June 11, ch. 1875, March 3, ch. 153. 1878, June 4, ch. 155. Salaries of en For salaries of envoys extraordinary and ministers plenipotentiary to voys extraor- Great Britain, France, Germany, and Russia, at seventeen thousand five hundred dollars each, seventy thousand dollars. dinary. For salaries of envoys extraordinary and ministers plenipotentiary to Spain, Austria, Italy, Brazil, Mexico, Japan, and China, at twelve thousand dollars each, eighty four thousand dollars. For salaries of envoys extraordinary and ministers plenipotentiary to Chili and Peru, at ten thousand dollars each, twenty thousand dollars. For ministers resident at Belgium, Netherlands, Argentine Republic, Sweden and Norway, Turkey, Venezuela, Hawaiian Islands, and the United States of Colombia, at seven thousand five hundred dollars each, sixty thousand dollars. For minister resident and consul-general at Bolivia, five thousand dollars. For minister resident accredited to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua, to reside at the place that the President may select in either of the States named, ten thousand dollars. For minister resident and consul-general to Hayti, seven thousand five hundred dollars. For minister resident and consul-general to Liberia, four thousand dollars. For salaries of charges d'affaires to Portugal, Denmark, Paraguay and Uruguay, and Switzerland, at five thousand dollars each, twenty thousand dollars. For salaries of the secretaries to the legations at London, Paris, Berlin, and Saint Petersburg, at two thousand six hundred and twenty-five dollars each, ten thousand five hundred dollars. For salary of the secretary of legation at Japan, two thousand five hundred dollars. For salaries of the secretaries to the legations at Austria, Italy, Mexico, Brazil, and Spain, at one thousand eight hundred dollars each, nine thousand dollars. For salaries of the second secretaries to the legations at Great Brit ain, France, and Germany, at two thousand dollars each, six thousand dollars. For salary of a clerk to the legation at Spain, one thousand two hundred dollars. For the salary of the secretary to the legation (when acting also as interpreter) at China, five thousand dollars. For the salary of the interpreter to the legation in Turkey, three thousand dollars. For the interpreter to the legation at Japan, two thousand five hundred dollars. - of consuls-general. SCHEDULE B. For the agent and consul-general at Cairo, four thousand dollars. For the consuls general at London, Paris, Havana, and Rio de Janeiro, each six thousand dollars, twenty-four thousand dollars. For the consuls-general at Calcutta and Shanghai, each five thousand dollars, ten thousand dollars. For the consul general at Melbourne, four thousand five hundred dollars. For the consuls-general at Kanagawa and Montreal, each four thou sand dollars, eight thousand dollars. For the consul-general at Berlin, four thousand dollars. For the consuls-general at Vienna, Frankfort, Rome, and Constantinople, each three thousand dollars, twelve thousand dollars. For the consuls general at Saint Petersburg and Mexico, each two thousand dollars, four thousand dollars. NOTE.-See note at bottom of page 397. |