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. Feb. 17, 1879. 20 Stat. L., 315. Indians employed not deemed CHAPTER 87. AN ACT MAKING APPROPRIATIONS FOR CURRENT AND CONTINGENT EXPENSES OF THE Indians employed not deemed employés at Indian agencies. Be it enacted, &c. 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, 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 three months' extra pay provided for by the act of July nineteenth, 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: 16 Opin. Att'yGen., 409. 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.] [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. appointment 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 and promotion. 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: 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 class. 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. Letter-receiving boxes not to be placed in private buildings. R. S., § 3868. Letter-carriers; in what places to R. S., § 3865. SEC. 5. Letter-carriers shall be employed for the free delivery of mailmatter, as frequently as the public convenience may require, at every, be employed. 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, 456, § 1, par. 1. 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. 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 [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. Northern dis 1879, June 11, ch. Brazos, Robertson, Leon, Limestone, Freestone, Navarro, Ellis, Kauf- Eastern district. man, Knox, Baylor, Haskell, Throckmorton, Young, Stephens, Shackelford, Jones, Taylor, Callahan, Eastland, Brown, Coleman, Runnels, Greer, Nolan, Fisher, Stonewall, King, Cottle, Childress, Collingsworth, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Gray, Donley, Hall, Motley, Dickens, Kent, Scurry, Mitchell, Howard, Borden, Dawson, Gaines, Martin, Andrews, Garza, Crosby, Floyd, Briscoe, Armstrong, Carson, Hutchinson, Hansford, Sherman, Moore, Potter, Randall, Swisher, Hale, Lubbock, Lynn, Terry, lockley, Lamb, Castro, Deaf Smith, Oldham, Hartley, Dallam, Palmer, Bayley, Cochran, and Yoakum. SEC. 2. That from and after the passage of this act, the territory em1879, June 11, ch. braced in the following-named counties, as now constituted, shall com18, §§ 1, 3. pose the eastern judicial district, namely: Adjourned terms. where to be re turned. Matagorda, Wharton, Brazoria, Fort Bend, Colorado, Austin, Waller, Harris, Galveston, Chambers, Jefferson, Orange, Hardin, Liberty, Newton, Jasper, Tyler, Polk, San Jacinto, Montgomery, Walker, Grimes, Madison, Trinity, Angelina, San Augustine, Sabine, Shelby, Nacogdoches, Cherokee, Houston, Anderson, Henderson, Smith, Rusk, Panola, Harrison, Gregg, Upshur, Wood, Vanzandt, Rains, Hopkins, Camp, Titus, Marion, Cass, Bowie, Franklin, Morris, and Red River. SEC. 3. That from and after the passage of this act, the territory embraced in the following-named counties, as now constituted, shall comPose the western judicial district of said State, namely: Calhoun, (1)Jackson, Victoria, Goliad, Refugio, Bee, San Patricio, Nueces, Cameron, Hidalgo, Starr, Zapata, Duval, Encinal, Webb, La Salle, McMullen, Live Oak, De Witt, Lavaca, Gonzales, Wilson, Karnes, Atascosa, Frio, Dimmit, Zavala, Maverick, Kinney, Uvalde, Medina, Bexar, Guadalupe, Caldwell, Fayette, Washington, Lee, Burleson, Milan, Williamson, Bastrop, Travis, Hays, Comal, Kendall, Blanco, Burnett, Llano, Gillespie, Kerr, Bandera, Edwards, Kimball, Mason, Menard, Ei Paso, Presidio, Tom Green, Crockett, Pecos, Concho, McCulloch, San Saba, and Lampasas. SEC. 4. That the courts in the northern judicial district shall be held twice in each year, at Waco, Dallas, and at Graham, in Young County; And the courts in the eastern judicial district shall be held twice in each year, at Galveston, Tyler, and Jefferson; And the courts in the western judicial district shall be held twice in each year, at Brownsville, San Antonio, and Austin. The courts shall be held In the city of Waco on the first Mondays in April and October; In the city of Galveston, on the first Mondays in November and March; At the city of Brownsville on the first Mondays in January and July; And the district judge of each of said districts shall have power to fix adjourned terms at all of said places, so as to dispose of the whole of the business of said courts. Process against SEC. 5. That all process issued against defendants residing in the defendants in the counties of Brazos, Robertson, Leon, Limestone, Freestone, McLennan, different counties; Falls, Bell, Coryell, Hamilton, Comanche, Erath, Hood, Bosque, Somerville, Hill, Brown, Coleman, and Runnels shall be returned to Waco; Aud all process issued against defendants residing in the counties of Navarro, Johnson, Ellis, Kaufman, Dallas, Rockwall, Hunt, Lamar, Fannin, Grayson, Collin, Denton, Cooke, Montague, Wise, Tarrant, Parker, Delta, and Clay shall be returned to Dallas; NOTE. (1) By act of 1879, June 11, ch. 18, § 1, Jackson County is transferred to eastern district; and by the act of 1880, June 11, § 2, Aransas County is added to the western district. And all process issued against defendants residing in the counties of Processes, where Eastland, Stephens, Young, Archer, Wichita, Wilbarger, Baylor, Throck- to be returned, &c. morton, Shackelford, Callahan, Taylor, Jones, Haskell, Knox, Hardeman, Greer, Nolan, Mitchell, Howard, Martin, Andrews, Gaines, Dawson, Borden, Scurry, Fisher, Stonewall, Kent, Garza, Lynn, Terry, Yoakum, Cochran, Hockley, Lubbock, Crosby, Dickens, King, Cottle, Motley, Floyd, Hale, Lamb, Bayley, Palmer, Castro, Swisher, Brisco, Hall, Childress, Collingsworth, Donley, Armstrong, Deaf Smith, Oldham, Potter, Carson, Gray, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Hutchinson, Hansford, Sherman, Moore, Hartley, Palo Pinto, Jack, and Dallam shall be returned to Graham; And all process issued against defendants residing in the counties of Jackson, Matagorda, Brazoria, Wharton, Colorado, Fort Bend, Austin, Harris, Galveston, Chambers, Jefferson, Orange, Hardin, Liberty, Montgomery, Waller, Grimes, Madison, Walker, San Jacinto, Polk, Tyler, Jasper, and Newton shall be returned to Galveston; And all process issued against defendants residing in the counties of Sabine, San Augustine, Shelby, Nacogdoches, Angelina, Trinity, Houston, Anderson, Cherokee, Panola, Rusk, Smith, Henderson, Vanzandt, Rains, Gregg, and Wood shall be returned to Tyler; And all process issued against defendants residing in the counties of Upshur, Harrison, Marion, Cass, Bowie, Red River, Titus, Camp, Hopkins, Morris, and Franklin shall be returned to Jefferson; For alteration see And all process issued against defendants residing in the counties of Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval, Nueces, San 1879, June 11, ch. Patricio, Dimmit, and Maverick shall be returned to Brownsville; And all process issued against defendants residing in the counties of Calhoun, Refugio, Victoria, Goliad, Bee, Live Oak, Karnes, De Witt, Lavaca, Gonzales, Guadalupe, Wilson, Atacosa, McMullen, Bexar, Comal, Kendall, Kerr, Edwards, Bandera, Medina, Frio, La Salle, Zavala, Uvalde. Kinney, Crockett, Tom Green, Pecos, Presidio, and El Paso shall be returned to San Antonio; 18, §§ 2, 3. For alteration see And all process issued against defendants residing in the counties of Fayette, Washington, Burleson, Milan, Williamson, Lee, Bastrop, Cald- 1879, June 11, ch. 18, §§ 2, 3. well, Hays, Travis, Blanco, Gillespie, Burnet, Llano, Mason, Kimball, Menard, Concho, McCulloch, San Saba, and Lampasas shall be returned to Austin; And that all process issued against defendants residing in any county which may hereafter be created by law, shall be returned to the nearest place for holding court in the judicial district within which said county is formed. in new counties. Suits against fendant in differ And 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 more than one deduplicate writ or writs to the other defendants, on which the plaintiff or ent divisions; his attorney shall endorse that the writ thus sent is a copy of a writ sued where may be out of a court of the proper division of the said district; and the said brought. writs, when executed and returned into the office from which they issued, 213, 1. 1880, June 14, ch. shall constitute one suit, and be proceeded in accordingly. SEC. 6. Actions or proceedings now pending at Brownsville, Austin, Transfer of pendGalveston, and Tyler, which under this act, would be brought in some ing causes. other district, may, on the application of either party, be transferred to the proper court of said district; and in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the office of the clerk of such court, and the same shall proceed in all respects as though originally commenced in said court. SEC. 7. That the present judge of the eastern district of Texas be, Assignment of and he is hereby, assigned to hold said courts in the said eastern dis- present judges. trict, and shall exercise the same jurisdiction and perform the same duties within the said district as he now exercises and performs within his present district. That the present judge of the western district of Texas be, and he is hereby, assigned to hold said courts in the western district of Texas, Judge for northern district to be appointed. R. S., § 554. District attorney northern district. and shall exercise the same jurisdiction and perform the same duties within the said district as he now exercises and performs within his present district. And there shall be appointed a district judge for the northern district of Texas, who shall possess the same powers and do and perform all such duties in his district as are now enjoyed, or in any manner appertain to the present district judges for said eastern and western districts of Texas. And the district judge of such district shall be entitled to the same compensation as by law is provided for the present judges of the eastern and western districts of Texas. SEC. 8. That there shall be appointed one person as district attorney and marshal for and one person as marshal for said northern district, whose terms of appointment and services, as well as duties and emoluments, shall be the same with those respectively appertaining to the said offices in the said eastern and western districts of Texas; Present district attorneys, marshals, and clerks. And said marshal shall give the same bond that other marshals are required to give, to be approved and recorded as now directed by law: Provided, That the present district attorneys for the eastern and western districts of Texas shall still hold their offices respectively in said districts, and shall retain charge of all suits already commenced until the final termination, unless the President of the United States shall otherwise direct; and the present marshals for said eastern and western districts shall continue to be the marshals for said districts during their respective official terms: Provided further, That it is not intended by this act to work the removal of, or in any manner affect, the clerks of the district courts now holding office in said districts. Clerk and dep- SEC. 9. The district judge of the northern district shall appoint a uty clerks for clerk of said court, who shall reside at one of the places designated in northern district; this act for holding the courts, and two deputies shall be appointed by the clerk, one of whom shall reside at each of the other places designated for holding the courts. [February 24, 1879.] how appointed. Feb. 25, 1879. 20 Stat. L., 320. Supreme court of District of Columbia to have a sixth judge. R. S. of Dist. Col., §§ 750, 751. CHAPTER 99. AN ACT TO CREATE AN ADDITIONAL ASSOCIATE JUSTICE OF THE SUPREME COURT OF SECTION 1. Supreme court of District of Columbia to 2. General term may be held by two judges; Judge not to sit on hearing appeal from his Be it enacted, &c. [SECTION 1], That there shall be appointed by the President, by and with the advice and consent of the Senate, one additional associate justice of the supreme court of the District of Columbia. That the said additional associate justice shall have the same power, authority, and jurisdiction as now or hereafter may be exercised by any of the associate justices of the said supreme court, and shall be entitled to receive the same salary, payable in the same manner. SEC. 2. Two of the justices, sitting at general term, shall constitute may be held by a quorum for the transaction of business; but when the two justices two judges; pro- shall be divided in opinion, the same shall be noted upon the minutes General term on ion of opinion. Judge not to sit of the court, and thereupon and within four days thereafter either party in such cause may file with the clerk of the court a motion in writing to have such cause reargued before three or more justices; But no justice shall sit in general term to hear an appeal from any on hearing appeal judgment or decree or order which he may have rendered at the special from his own de- term. cision. |