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CHAPTER 82.

AN ACT TO PROVIDE FOR HOLDING TERM OF THE CIRCUIT AND DISTRICT COURTS
IN THE DISTRICT OF COLORADO.(1)

SECTION

1. In Colorado, special terms of circuit and dis-
trict courts; when may be held.

2. Judicial district divided into southern, west-
ern, and northern divisions.
-proceedings in absence of judge, &c.
Issues of fact; where to be tried.

District court may regulate venue of transi-
tory actions.

3. Pending cases.

4. Venue of actions hereafter brought in district court.

Be it enacted, &c.

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Feb. 15, 1879.

20 Stat. L., 292.

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

[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: 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.

147.

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.

147.

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 a term 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 Ute 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.

Denver.

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

actions.

shown.]

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.

147.

District courts in

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.]

SEC. 7. (Rep.) [That in addition to the ordinary jurisdiction and southern and west- powers of a 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.

SEC. 8. (Rep.) [Any person charged with violating any of the penal or criminal statutes of the United States of which the said district court has 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;

Criminal cases; where to be pro

ceeded with.

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. 147.

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.

SECTION

CHAPTER 83.

AN ACT TO ABOLISH THE VOLUNTEER NAVY OF THE UNITED STATES.

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 service.

Be it enacted, &c.

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Feb. 15, 1879.

20 Stat. L., 294.

[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 examination of the line officers now composing the Volunteer Navy of the United States, which examination shall be such as is required in the examination of officers for promotion;

surgeons constituting Volunteer Navy to be examined, and may be appointed in regular Navy if found

And, further, that it shall be the duty of the Secretary of the Navy qualified. 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.

of service.

And in the cases of officers who may not be found to be either pro- if not qualified, fessionally, morally, or physically qualified to discharge the duties of to be mustered out 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:

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

may be placed on retired list in

certain cases.

Acting assistant

SEC. 2. That from and after the passage of this act the Secretary of surgeons no longer the Navy shall not appoint acting assistant surgeons for temporary to be appointed. service, as authorized by section fourteen hundred and eleven, Revised Statutes, except in case of war. [February 15, 1879.]

R. S., § 1411.

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Indians employed not deemed

CHAPTER 87.

AN ACT MAKING APPROPRIATIONS FOR CURRENT AND CONTINGENT EXPENSES OF THE
INDIAN DEPARTMENT, AND FOR FULFILLING TREATY STIPULATIONS WITH VARIOUS
INDIAN TRIBES, FOR THE YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED
AND EIGHTY, AND FOR OTHER PURPOSES.

Indians employed not deemed employés at Indian agencies.

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

That Indians employed at agencies in any capacity shall not be conemployés at Indian strued as part of agency employees named in section five of the act agencies. making appropriations for the Indian service for the fiscal year ending 1875, March 3, June thirtieth, eighteen hundred and seventy-six, approved March third, ch. 132, § 5. 1878, May 27, ch. eighteen hundred and seventy-five.

142.

*

[February 17, 1879.]

CHAPTER 90.

Feb. 19, 1879.

20 Stat. L., 316.

Three mouths'

of Mexican war.

AN ACT POR THE PAYMENT, TO THE OFFICERS AND SOLDIERS OF THE MEXICAN WAR,
OF THE THREE MONTHS' EXTRA PAY PROVIDED FOR BY THE ACT OF JULY NINE-
TEENTH, EIGHTEEN HUNDRED AND FORTY-EIGHT.

Three months' extra pay to officers and soldiers of Mexican war.

Be it enacted, &c., That the Secretary of the Treasury be, and he is extra pay to officers hereby, directed, out of any moneys in the Treasury not otherwise approand soldiers, &c., priated, to pay to the officers and soldiers "engaged in the military 1848, ch. 104, § 5 service of the United States in the war with Mexico, and who served (9 Stat. L., 248). out the time of their engagement or were honorably discharged", the 16 Opin. Att'y- three months' extra pay provided for by the act of July nineteenth, Gen., 409. eighteen hundred and forty-eight, and the limitations contained in said act, in all cases, upon the presentation of satisfactory evidence that said extra compensation has not been previously received:

Provided, That the provisions of this act shall include also the officers, petty-officers, seamen, and marines of the United States Navy the Revenue Marine Service and the officers and soldiers of the United States Army employed in the prosecution of said war. [February 19, 1879.]

Feb. 21, 1879.

20 Stat. L., 317.

Two classes of letter-carriers in

cities of 75,000 pop

ulation.
R. S, § 3865.

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[SECTION 1], That for the more equitable compensation of letter-carriers there shall be in all cities which contain a population of seventyfive thousand or more two classes of letter-carriers, to be fixed by the Postmaster-General.

SEC. 2. The salaries of carriers of the first-class, who shall have been in service at least one year, shall be one thousand dollars per annum, and the salaries of the carriers of the second class shall be eight hundred dollars per annum.

In all cities containing a population of less than seventy-five thousand there shall be one class of letter-carriers, who shall receive a salary of eight hundred and fifty dollars per annum.

SEC. 3. Upon the recommendation of the postmaster of any city, the Postmaster-General may establish a third grade of letter-carriers, known as auxiliaries, who shall be paid at the rate of four hundred dollars per

annum.

SEC. 4. Appointments of letter-carriers in cities having two or more classes shall be made to the class having the minimum rate of pay, and promotions from the lower grades in said cities shall be made to the higher grades to fill vacancies, after one or more years' service, on certificate of the postmaster to the efficiency and faithfulness of the candidate during the preceding year:

Letter - carriers ; salaries. R. S., § 3866.

-one class in cit

ies of less popula

tion; their salary. R. S., § 3866. Third grade, or auxiliaries; their salaries.

appointment and promotion.

class.

Provided, however, That at no time shall the number of carriers in the number of first first class, receiving the maximum salary of one thousand dollars, be more than two-thirds or less than one half the whole number of carriers actually in service in the city in which they are employed: Provided, further, That no boxes for the collection of mail-matter by carriers shall be placed inside of any building except a public building or railroad-station.

SEC. 5. Letter-carriers shall be employed for the free delivery of mailmatter, as frequently as the public convenience may require, at every, place containing a population of fifty thousand within the delivery of its post-office, and may be so employed at every place containing a population of not less than twenty thousand within its corporate limits, and at post-offices which produced a gross revenue for the preceding fiscal year of not less than twenty thousand dollars:

Provided, This act shall not affect the free delivery in towns and cities where it is now established.

Letter-receiving

boxes not to be placed in private buildings.

R. S., 3868. Letter-carriers; in what places to

be employed. R. S., 3865.

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1874, June 23, ch. 456, § 1, par. 1.

SEC. 6. All laws inconsistent herewith are repealed. [February 21, Repeal. 1879.]

CHAPTER 97.

AN ACT TO CREATE THE NORTHERN JUDICIAL DISTRICT OF THE STATE OF TEXAS, AND
TO CHANGE THE EASTERN AND WESTERN JUDICIAL DISTRICTS OF SAID STATE, AND
TO FIX THE TIME AND PLACES OF HOLDING COURTS IN SAID DISTRICTS.

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[SECTION 1], That a judicial district is hereby created in the State of Texas, to be called the northern judicial district of said State, and the territory embraced in the following-named counties, as now constituted, shall compose said district, namely:

Feb. 24, 1879.

20 Stat. L., 318.

Judicial districts in Texas. R. S., § 548.

Brazos, Robertson, Leon, Limestone, Freestone, Navarro, Ellis, Kauf- Northern disman, Dallas, Bockwall, Hunt, Fannin, Lamar, Delta, Collin, Grayson, trict. Cooke, Denton, Tarrant, Johnson, Hill, McLennan, Falls, Bell, Coryell, 11879, June 11, ch. Hamilton, Bosque, Comanche, Erath, Somerville, Hood, Parker, Palo Pinto, Jack, Wise, Montague, Clay, Archer, Wichita, Wilbarger, Harde

18, § 4.

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