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have same force as ing officer of any court of the United States, made in pursuance of law, original in cases and on file in any department of the government, relating to any cause States are parties, or matter to which the United States was a party in any such court, the and judgment, &c., record of which has been or may be lost or destroyed, may be filed in ray issue thereon. the court to which it appertains, and shall have the same force and effect Substitute for as if it were an original report, return, paper, or other document made R. S., § 903. to or filed in such court;
-force and effect
of papers restored or supplied in all cases of lost rec
R. S., § 903.
In cases in which
And in any case in which the names of the parties and the date and amount of judgment or decree shall appear from such return, paper, or document, it shall be lawful for the court in which they are filed to issue the proper process to enforce such decree or judgment, in the same manner as if the original record remained in said court.
And in all cases where any of the files, papers, or records of any court of the United States have been or shall be lost or destroyed, the files, records, and papers which, pursuant to law, may have been or may be restored or supplied in place of such records, files, and papers, shall have the same force and effect, to all intents and purposes, as the originals thereof would have been entitled to.
SEC. 3. That section nine hundred and four of said Revised Statutes be the United States amended so as to read as follows: are interested, steps to be taken
That whenever any of the records or files in which the United States by judges, district are interested of any court of the United States have been or may be attorneys, and lost or destroyed, it shall be the duty of the attorney of the United clerks for restora States for the district or court to which such files and records belong, tion of lost records. Substitute for so far as the judges of such courts respectively shall deem it essential to R. S., § 904. the interests of the United States that such records and files to be restored or supplied, to take such steps, under the direction of said judges, as may be necessary to effect such restoration or substitution, including such dockets, indices, and other books and papers as said judges shall think proper.
Said judges may direct the performance, by the clerks of said courts respectively and by the United States attorneys, of any duties incident thereto;
compensation of And said clerks and attorneys shall be allowed such compensation for clerks and attor- services in the matter and for lawful disbursements as may be approved by the Attorney-General of the United States, upon a certificate by the judges of said courts stating that such claim for services and disbursements is just and reasonable; and the sum so allowed shall be paid out of the judiciary fund. [January 31, 1879.]
Feb. 3, 1879.
20 Stat. L., 278.
AN ACT TO PROVIDE FOR TAKING TESTIMONY, TO BE USED BEFORE CONGRESS, IN CASES
1. Testimony in private claims before Congress
United States not liable for fees of officers or
Committee may direct district attorney or
2. Subpoenas to be served by marshal or by per-
Be it enacted, &c.
Testimony in [SECTION 1], That any committee of either house of Congress before private claims be- which any private claim against the United States may at any time be fore Congress may pending, being first thereto authorized by the House appointing them, masters in chan- may order testimony to be taken, and books and papers to be examined, and copies thereof, proved, before any standing master in chancery of the circuit of the United States within the judicial district where such testimony or evidence is to be taken.
Such master in chancery, upon receiving a copy of the order of such committee, signed by its chairman, setting forth the time and place when fore master. and where such examination is to be had, the questions to be investigated, and, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and documents to be proved, if known, shall proceed to give to such private parties reasonable notice of the time and place of such examination, unless such notice shall have been or shall be given by such committee or its chairman, or by the attorney or agent of the United States, or waived by such private party.
And such master shall issue subpoenas for such witnesses as may have been named in the order of such committee, and such others as the agent or other representative of the United States hereinafter mentioned shall request.
And he shall also issue subpoenas at the request of such private party, or parties, for such witnesses within such judicial district as they may desire:
Provided, That the United States shall not be liable for the fees of any officer for serving any subpoena for any private party, nor for the not liable for fees. fees of any witness on behalf of such party.
Said committee may inform the district attorney of the United States for the district where the testimony is to be taken of the time, place, and direct district attorney or appoint object of such examination, and request his attendance in behalf of the an agent or one of government in conducting such examination, in which case it shall be its own members his duty to attend in person, or by an assistant employed by him, to to attend examinaconduct such examination on the part of the United States, or such committee may, at its option, appoint an agent or attorney, or one of its own members, for that purpose, as they may deem best; and in that event, if the committee shall not be unanimous, the minority of the committee may also appoint such agent or attorney or member of such committee to attend and take part in such examination.
SEC. 2. It shall be the duty of the marshal of the United States for Subpoenas to be the district in which the testimony is to be taken to serve, or cause to served by marshal be served, all subpoenas issued in behalf of the United States under this or by person appointed by master. act, in the same manner as if issued by the circuit court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other person to serve any subpœna.
Such master shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers and documents, as the circuit or district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the house of Congress appointing such committee. The compensation of such master in chancery, and of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the circuit court of the United States;
And the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such circuit courts;
Compensation of masters, marshals,
R. S., § 848.
14 Ct, Cls., 539.
And all such fees and compensation of officers and witnesses on behalf Expenses, how of the United States, and other expenses of all investigations which paid. may be had under the provisions of this act on the part of the United States, shall be paid out of the contingent fund of the branch of Congress appointing such committee.
Master to make
Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate set- return of proceedting forth or referring to the authority by which they were taken, any ings to committee. notices he may have given, the names of the witnesses for whom subpœnas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on be
Chairman to no
eral of order, &c.,
half of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material.
He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stating briefly on the outside the nature of the contents, and place the same in the post-office, paying the postage thereon; and said package shall be opened only in the presence of such committee.
The chairman of any committee ordering testimony to be taken under tify Attorney-Gen- this act shall, at least ten days before the time fixed for such examinato take testimony. tion, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the Attorney-General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the district attorney of the district where such testimony is to be taken, who may, and, if required by the Attorney-General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney-General shall direct. [February 3, 1879.]
Feb. 3, 1879. 20 Stat. L., 280.
AN ACT TO DISAPPROVE AND ANNUL AN ACT OF THE LEGISLATIVE ASSEMBLY OF THE
Act of New Mexico incorporating the Jesuit Fathers disapproved and declared void.
Aet of New Mex- Be it enacted, &c., That an act of the legislative assembly of the Terico incorporating ritory of New Mexico, entitled "An act to incorporate the Society of the the Jesuit Fathers Jesuit Fathers of New Mexico", which passed both houses of said legisdisapproved and lative assembly on or about the eighteenth day of January, eighteen
R. S., § 1889.
hundred and seventy-eight, over the veto of the governor of said Territory, being in violation of section eighteen hundred and eighty-nine of the Revised Statutes of the United States, which declares, "The legislative assemblies of the several Territories shall not grant private charters or especial privileges", said bill being a grant of a private charter or act of incorporation, with the "especial privileges" of an unlimited power to acquire, hold, and transfer all kinds of property, both real and personal, and the exemption from taxation of all the effects and property of said corporation, be, and the same is hereby, disapproved and declared null and void. [February 3, 1879.1
Feb. 3, 1879. 20 Stat. L., 280.
AN ACT TO AMEND SECTION FIVE THOUSAND FOUR HUNDRED AND NINETY-SEVEN OF
Embezzlement by officers of United States and their assistants; how punished.
Be it enacted, &c., That section five thousand four hundred and ninetyby officers of Uni- seven of the Revised Statutes of the United States be, and the same is hereby, amended by adding at the end thereof the following, to wit:
ted States and their assistants; how punished.
R. S., § 5497.
"And any officer connected with, or employed in, the internal-revenue service of the United States, and any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or other property of the United States, and any officer of the United States, or any
assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or assistant, whether the same shall be the money or property of the United States or of some other person or party, shall, where the offense is not otherwise punishable by some statute of the United States, be punished by a fine equal to the value of the money and property thus embezzled or converted, or by imprisonment not less than three months nor more than ten years, or by both such fine and imprisonment." [February 3, 1879.]
AN ACT TO EXTEND THE JURISDICTION OF THE DISTRICT AND CIRCUIT COURTS OF
Feb. 3, 1879. 20 Stat. L., 280.
1. Judicial districts in Florida: northern and southern.
2. Circuit and district courts to be held at Tampa
Be it enacted, &c. [SECTION 1], That from and after the passage of this act the southern judicial district of the State of Florida shall embrace the counties of Hernando, Hillsborough, Polk, Manatee, and Monroe, in said State; and all the Territory within the remaining counties shall constitute the northern judicial district.
SEC. 2. That a term of the district and circuit courts of the United States shall be held in each year at Tampa, in said district, commencing on the first Monday in March:
Provided, That nothing herein contained shall be construed to impair or affect the jurisdiction of the district court of the United States for the northern district of Florida in any case, civil or criminal, pending therein at the time of the passage of this act. But the same shall be proceeded in to final disposition as if this act had not been passed. [February 3, 1879.]
Judicial districts in Florida: north
ern and southern. R. S., § 534.
Circuit and dis
trict courts to be held at Tampa on first Monday in March.
R. S., §§ 572, 658.
AN ACT AUTHORIZING THE SECRETARY OF WAR TO ERECT HEADSTONES OVER THE
Headstones for soldiers' graves in private cemeteries may be erected by Secretary of War.
Record of names and places of burial of all sol.
Feb. 3, 1879.
20 Stat. L., 281.
1873, ch. 229 (17 Stat. L., 545). R. S., § 4877.
Be it enacted, &c., That the Secretary of War is hereby authorized to soldiers' graves in private cemeteries erect headstones over the graves of soldiers who served in the Regular may be erected by or Volunteer Army of the United States during the war for the Union, Secretary of War. and who have been buried in private village or city cemeteries, in the same manner as provided by the law of March third, eighteen hundred and seventy-three, for those interred in national military cemeteries; And for this purpose, and for the expenses incident to such work, so much of the appropriation of one million dollars, made in the act above mentioned, as has not been expended, and as may be necessary, is hereby made available.
Record of names
The Secretary of War shall cause to be preserved in the records of and places of burihis Department the names and places of burial of all soldiers for whom al of all soldiers for such headstones shall have been erected by authority of this or any are erected to be former acts. [February 3, 1879.]
Feb. 4, 1879.
20 Stat. L., 281.
Sureties on postmasters' bonds to
be notified of deficiencies in accounts.
AN ACT TO AMEND SECTION THIRTY-EIGHT HUNDRED AND THIRTY-FIVE OF THE RE-
Sureties on postmasters' bonds to be notified of deficiencies in accounts.
Be it enacted, &c., That section thirty-eight hundred and thirty-five of the Revised Statutes is amended by adding the following:
"Hereafter, when a deficiency shall be discovered in the accounts of any postmaster, who after the adjustment of his accounts fails, to make R. S., 3835, good such deficiency, it shall be the duty of the Sixth Auditor of the Treasury Department to notify the Postmaster-General of such failure, and upon receiving such notice the Postmaster General shall forthwith deposit a notice in the post-office at Washington, District of Columbia, addressed to the sureties respectively upon the bonds of said postmaster, at the office where he or they may reside, if known;
But a failure to give or mail such notice shall not discharge such surety or sureties upon such bond. [February 4, 1879.]
Feb. 4, 1879.
20 Stat. L., 282.
Oneida land dis
trict in Idaho;
R. S., 2256, Nos. 87, 88, 2d ed., p. 413.
AN ACT TO CREATE AN ADDITIONAL LAND-DISTRICT IN THE TERRITORY OF IDAHO
1. Oneida land district in Idaho; how bounded.
Be it enacted, &c.
2. Register and receiver.
3. Unfinished business transferred to, &c.
[SECTION 1], That all that portion of the Territory of Idaho described and bounded as follows, namely:
Commencing at the southeastern corner of said Territory: thence running west on the line between said Territory and the Territory of Utah to the line between ranges numbered twenty-three and twenty four east, Boise meridian; thence north to the southern boundary of Lemhi County; thence west to the western line of said Lemhi County; thence north on said western line of said county to the line between the Territories of Idaho and Montana; thence easterly on said Territorial line to the east ern boundary of the Territory of Idaho; thence south on the line of the eastern boundary of Idaho Territory to the place of beginning, shall -office of, at constitute a separate land district, to be called Oneida land-district, the Oneida, but may office of which shall be located at Oxford, in Oneida County: be changed by President.
-register and receiver of.
- unfinished busi
Provided, The President of the United States may change the location of said land-office, from time to time, as the public interests may require.
SEC. 2. That the President shall appoint, by and with the advice and consent of the Senate, or during the recess thereof, a register and a reR. S., §§ 2234-ceiver of public moneys for said district; and said officers shall reside in the place where said land-office is located, and shall have the same powers and responsibilities; and shall receive the same fees and emoluments as like officers now receive in other land-offices in said Territory. SEC. 3. That all persons in said district who, prior to the opening of ness transferred to, said Oneida land-office, shall have filed their declaratory statements, or application for pre-emption, homestead, or other land rights, in any landoffice, in said Territory of Idaho, shall hereafter make proofs and entries at said Oneida land-office; and all unfinished business in any other landoffice relating exclusively to lands in said Oneida land district shall be transferred to said Oneida land-office when notified by the officers of the opening thereof. [February 4, 1879.]