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Feb. 6, 1879.

20 Stat. L., 282.

Issue of colored

[SECTION 1], That the issue of any marriage of colored persons, contracted and entered into according to any custom prevailing at the time persons married in any of the States wherein the same occurred, shall, for all purposes tom prevailing at according to cusof descent and inheritance and the transmission of both real and per- time and place sonal property within the District of Columbia, be deemed and held to may in District of be legitimate, and capable of inheriting and transmitting inheritance, Columbia take and transmit property and taking as next of kin and distributee according to law, from and to by inheritance, their parents, or either of them, and from and to those from whom such &c., as legitimate. parents, or either of them, may inherit or transmit inheritance, anything in the laws of such State to the contrary notwithstanding:

Provided, That nothing herein shall be construed as implying that any such marriage is not valid, or such issue legitimate for all other purposes.

SEC. 2. This act shall take effect and be in force from and after its passage. [February 6, 1879.]

When act takes effect.



In District of Columbia, list of lots sold for taxes, in whose name assessed, &c., to be kept by collector.

Collector to furnish certified statement of taxes due on any land when called upon, and any tax omitted there from shall cease to be a lien as against subsequent purchasers.

Feb. 6, 1879.

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In District of Co

whose name


Collector to fur

Be it enacted, &c., That it shall be the duty of the collector of taxes for the District of Columbia to prepare and keep in his office, for public lumbia, list of lots inspection, a list of lots and squares, arranged in numerical order, of all sold for taxes, in real estate in the city of Washington heretofore sold, or which may here- sessed, &c., to be after be sold, for the non-payment of any general or special tax or as kept by collector. sessment levied or assessed upon the same, said list to show the date of sale and for what taxes sold; in whose name assessed at the time of sale; the amount for which the same was sold; when and to whom conveyed if deeded, or, if redeemed from said sale, the date of redemption. And it shall be the duty of said collector, whenever called upon, to furnish, in addition to the regular tax-bills, a certified statement, over nish certified statehis hand and official seal, of all taxes and assessments general and ment of taxes due cial, that may be due and unpaid at the time of making said certificate, called upon, and on any land when and which may in any manner be a lien upon any real estate located in any tax omitted said District; and for each and every certificate so furnished by said therefrom shall collector, the party requesting the same, shall pay into the treasury of cease to be lien as said District a fee of fifty cents; and said certificate when furnished as quent purchasers. against subseaforesaid, shall be a bar to the collection and recovery, from any subsequent purchaser, of any tax or assessment omitted from and which may be a lien upon the real estate mentioned in said certificate, and said lien shall be discharged as to such subsequent purchaser but shall not affect the liability of the person who owned the property at the time such tax was assessed to pay the same.


And it is hereby declared that all public records which have any reference, or in any way relate, to real or personal property in said District, shall be open to the public for inspection free of charge. [February 6, 1879.]

Public records

relating to propsonal, open to inerty, real or per

spection free of charge.

Feb. 14, 1879.

20 Stat. L., 284.



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Charts furnished

[Par. 1.]

That all charts hereafter furnished to mariners or to persons not in others not in the government service shall be paid for at the cost price public service to be paid for at cost. of paper and printing paid by the government.


R. S., §§ 226, 432.

1878, May 4, ch.

Value of issues

of small-stores to be credited to "small-stores fund"; how used. R. S., § 3618.

Board of Visitors

to Naval Academy; how appointed, &c.

R. S., 1511-1528.

- mileage of, to be paid.

[Par. 2.]

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That from and after the first day of April, eighteen hundred and seventy-nine, the value of issues of small-stores shall be credited to a fund to be designated as the "small-stores fund", in the same manner as the value of the issues of clothing is now credited to the "clothing fund"; the resources of the fund to be used hereafter in the purchase of supplies of small-stores for issue.


[Par. 3.] That from and after the passage of this act there shall be appointed every year, in the following manner, a Board of Visitors, to attend the annual examination of the academy:

Seven persons shall be appointed by the President, and two Senators and three Members of the House of Representatives shall be designated as Visitors by the Vice-President or President pro tempore of the Senate and the Speaker of the House of Representatives, respectively, at the session of Congress next preceding such examination.

Each member of said board shall receive not exceeding eight cents per mile traveled by the most direct route from his residence to Annapolis, and eight cents per mile for each mile from said place to his residence on returning. [February 14, 1879.]

Feb. 15, 1879. 20 Stat. L., 292.

Court of United


Women may be admitted to practice in Supreme Court of United States.

Women may be Be it enacted, &c., That any woman who shall have been a member of admitted to prac- the bar of the highest court of any State or Territory or of the Supreme tice in Supreme Court of the District of Columbia for the space of three years, and shall have maintained a good standing before such court, and who shall be a person of good moral character, shall, on motion, and the production of such record, be admitted to practice before the Supreme Court of the United States. [February 15, 1879.]

R. S., § 747.



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4. Venue of actions hereafter brought in district court.

Be it enacted, &c.

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Feb. 15, 1879.

20 Stat. L., 292.

[SECTION 1], (Rep.) [That the circuit and district courts of the disIn Colorado, spetrict of Colorado may, when the public interests require it, order a cial terms of cirspecial term, to be held at such time and place as said courts may designate:

cuit and district
courts; when may
be held.
1876, June 26, ch.


Provided, That no special term of the circuit court shall be held except with the consent of the circuit judge of the circuit that the circuit or district court may order a grand or petit jury, or both, to attend such 1880, April 20, special term, by an order entered of record at least thirty days before ch. 58, § 4. the day on which such special term shall convene.

Notice of such special term shall be published weekly for four consecutive weeks in a newspaper published at the capital of the State.

And when a circuit and district court shall be held at the same time and place, the same panel of jurors shall serve in both courts.]

Judicial district

divided into

R. S., § 530.
1876, June 26, ch.


SEC. 2. (Rep.) [That for the trial and determination of all causes and proceedings cognizable and triable in the district court of the United States for the district of Colorado, as established by the act entitled "An act to further the administration of justice in the State of Colorado", approved June twenty-six, eighteen hundred and seventysix, the said district shall be separated into three divisions, as follows: All that part of said district lying within the following-named counties-southern divisas now constituted, to wit: the counties of Bent, Las Animas, Pueblo, ion, with Huerfano, Fremont, and Custer shall constitute the southern division of district court to and a regular term of said court for said division shall be held annually be held at Pueblo. at Pueblo, to commence on the first Tuesday in February;

-western divis

All that part of said district lying within the following-named counties, to wit; the counties of Costilla, Conejos, Rio Grande, Saguache, ion, with a term Gunnison, Hinsdale, San Juan, Ouray, and La Plata, together with all of district court at that part of the Uté Indian reservation lying south of the thirty-ninth Del Norte. degree of north latitude in said State, shall constitute the western division, and a regular term of said court for said division shall be held annually at Del Norte, to commence on the first Tuesday in August;

And the residue of the State of Colorado shall constitute the northern -northern divisdivision, and two regular terms of said court for said division shall be ion, with terms of held annually at Denver, to commence on the first Tuesday in May and district court at on the first Tuesday in October.


And should the judge of said district court fail to attend at the time - proceedings in and place of holding any one of the regular terms of the court for either absence of judge, of the said divisions of the aforesaid district, before the close of the &c. fourth day of any such term, the business pending in such court shall stand adjourned to the next regular term thereof:

Provided, That whenever the judge of said court, from any cause, shall fail to hold a regular term of said court for either of said divisions, it shall be his duty, if in his opinion the business in said court shall require, to hold an intermediate term of said court, at such time as he shall, by his order in writing, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published in the several newspapers pub

NOTE.-(1) This whole act is repealed by act of 1880, April 20, ch. 58, § 4, saving certain rights of proceedings.

Issues of fact; where to be tried.

lished in the bounds of said divisions, the same length of time; and at any and all such intermediate terms the business of any such courts, of every nature and description whatsoever, shall have reference to, and be proceeded with, in the same manner as if the same were a regular term of the said court.

And all issues of fact shall be tried at a term of said court to be held in the division where such suit should hereafter be commenced, in accordance with the third section of this act.

District court But nothing herein contained shall prevent the said district court may regulate ven- from regulating, by general rule, the venue of transitory actions either ne of transitory in law or in equity, and from changing the same for a good cause to be



Pending cases; SEC. 3. (Rep.) [That all issues now pending in the said district where to be dis- court shall be tried at the places above prescribed for holding such posed of. court within the division where the cause of action may have arisen, unless otherwise ordered by said court, in pursuance of the authority given in the first section of this act; and no process issued or proceedings pending in the said district court shall be avoided or impaired by this change of the time and place of holding such court; but all process, bail bonds, and recognizances, returnable at the next term of the said court, shall be returnable and returned to the court next held at the appropriate place, according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and all continuances may be made to conform to the provisions of this act.] SEC. 4. (Rep.) [That all suits and proceedings hereafter to be brought hereafter brought in the said district court, 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 division, 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.]

Venne of actions

in district court.

Deputy clerks to be appointed for courts of Pueblo and Del Norte.

Clerk to reside at Denver.

Deputy clerks' duties and powers.

District attorney and marshal to perform duties in said divisions. 1876, June 26, ch.


ern divisions have

SEC. 5. (Rep.) [The clerk of the district court for the district of Colorado shall appoint a deputy clerk for said court held at Pueblo and a deputy clerk for said court held at Del Norte, who shall reside and keep their offices at said places respectively.

And the said clerk shall reside and keep his office at Denver.

Each deputy shall keep in his office full records of all actions and proceedings in the district court held at the same place, and shall have the same power to issue all process from the said court that is or may be given to the clerks of said district courts in like cases.]

SEC. 6. (Rep.) [That the district attorney and marshal of the district of Colorado shall respectively perform the duties of district attor ney and marshal of and for the southern, western, and northern divisions of the district of Colorado as established by this act;

And the said marshal shall keep an office and deputy at each of the places where the sessions of the said district court are directed to be held.]

District courts in SEC. 7. (Rep.) [That in addition to the ordinary jurisdiction and southern and west- powers of à district court of the United States, with which the district jurisdiction of cir- court of Colorado has been invested, it be, and is hereby, invested, cuit courts in civil within the limits of the said southern and western divisions of same cases; writs of with the exercise of concurrent jurisdiction and power, in all civil cases, error, appeals, &c. now exercised by the circuit courts of the United States; 1876, June 26, ch. 147.

And that in all cases where said court shall exercise such jurisdiction, writs of error and appeals shall be allowed and taken from the judgment, orders, or decrees of said court to the Supreme Court of the United States, in the same manner and upon the same conditions as appeals may be taken from the circuit courts.]

NOTE. This act is repealed by act of 1880, April 20, ch. 58, saving rights, &c.

ceeded with.

SEC. 8. (Rep.) [Any person charged with violating any of the penal Criminal cases; or criminal statutes of the United States of which the said district court where to be prohas jurisdiction shall be proceeded against, by indictment or otherwise, within the division of said district wherein the alleged offense was committed, and shall have his or her trial at a term of the said district court held in the said division, unless for cause shown the judge shall otherwise direct;

And grand and petit juries shall be summoned for the several terms Grand and petit of said district court in manner as is now, or may be, provided by law; juries; how summoned. and jurors shall be selected and drawn from the division of the said district in which they reside and in which the term of the said district court to which they are summoned is held.]

Circuit court for

SEC. 9. (Rep.) [A term of the circuit court of the eighth judicial circuit shall be held at Denver, in said State, upon the first Tuesday in eighth judicial disMay and the first Tuesday in October in each year.

One grand jury and one petit jury shall be summoned, and serve in both the said circuit and district courts, the terms of which are to be held in Denver.]

trict to be held at Denver.

One grand and one petit jury. R. S., § 604. 1876, June 26, ch.


SEC. 10. (Rep.) [All acts and parts of acts in conflict with this act Repeal. are hereby repealed.] [February 15, 1879.]

NOTE.-The above act is repealed by act of 1880, April 20, ch. 58, saving rights, &c.




1. Line officers and passed assistant surgeons constituting Volunteer Navy to be examined, and may be appointed in Regular Navy if found qualified.

- if not qualified, to be mustered out of serv. ice.

Be it enacted, &c.

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Feb. 15, 1879.

20 Stat. L., 294.

surgeons constitut

[SECTION 1], That it shall be the duty of the Secretary of the Navy Line officers and to organize a board of five line officers of the Navy, none of whom shall passed assistant be below the grade of captain, whose duty it shall be to make an exam- ing Volunteer ination of the line officers now composing the Volunteer Navy of the Navy to be examUnited States, which examination shall be such as is required in the examination of officers for promotion;

ined, and may be appointed in regular Navy if found qualified.

And, further, that it shall be the duty of the Secretary of the Navy to organize a board of five medical officers of the Navy, none of whom R. S., § 1411, shall be below the grade of lieutenant-commander, whose duty it shall 1412, 1559. be to make an examination of the eighteen acting and three acting passed assistant surgeons now in the service, should they desire to present themselves, which examination shall be such as is required in the examination of medical officers for admission as assistant surgeons;

And in all cases where said board shall find that such officers are professionally, morally, and physically qualified to perform the duties of their position, and shall so report to the Secretary of the Navy, it shall and may be lawful for the President of the United States by and with the advice and consent of the Senate to appoint such officers in the line and assistant surgeons in the Regular Navy of the United States.

And in the cases of officers who may not be found to be either professionally, morally, or physically qualified to discharge the duties of their position, then said officers shall be mustered out of the service of the government, within six months from the passage of this act, with one years pay:


if not qualified, be mustered out

of service.

may be placed

certain cases.

Provided, That in the event of physical disqualification which occurred in the line of duty, such officer may, upon the recommendation of a re- on retired list in tiring board, be placed upon the retired list, with the pay to officers of like designation in the Regular Navy.

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