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ENACTED BY THE
FORTY-SIXTH CONGRESS-SECOND SESSION
THE YEARS 1879-1880.
[NOTE. The omitted chapters and parts of chapters are private, special, local, or temporary acts, and are not of general interest.
R. S. refer to Revised Statutes; S. L. and STAT. L. to Statutes at Large.]
AN ACT AUTHORIZING AN ALLOWANCE FOR LOSS BY LEAKAGE OR CASUALTY OF
1. When spirits are withdrawn from distillery warehouse for exportation, allowance may be made for leakage or loss by accident.
-unpaid taxes on spirits so lost not to be colTected.
2. To extent of excessive insurance, such tax
Dec. 20, 1879. 21 Stat. L., 59.
Be it enacted, &c. [SECTION 1], That where spirits are withdrawn from distillery wareWhen spirits are houses for exportation according to law, it shall be lawful, under such withdrawn from distillery rules and regulations and limitations as shall be prescribed by the Com- houses for exportamissioner of Internal Revenue, with the approval of the Secretary of the tion, allowance Treasury, for an allowance to be made for leakage or loss by any una- may be made for voidable accident, and without any fraud or negligence of the distiller, accident. leakage or loss by owner, exporter, carrier, or their agents or employees, occurring during R. S., § 3330. transportation from a distillery warehouse to the port of export; 1874, June 9, ch. 1877, March 3, ch. 114, § 5. 1879, March 1, ch. 125, § 10.
Nor shall any assessment be collected for such loss or leakage where Unpaid taxes on the same has not been paid on distilled spirits exported since the first spirits so lost not day of May, eighteen hundred and seventy-eight.
to be collected.
To extent of ex
such tax not to be
SEC. 2. That where the spirits provided for in the preceding section are covered by a valid claim of insurance in excess of the market value cessive insurance, thereof, exclusive of the tax, the tax upon such spirits shall not be re- remitted. mitted to the extent of such excessive insurance [December 20, 1879.]
Dec. 22, 1879.
21 Stat. L., 59.
nettes be fur
AN ACT RELATING TO PRINTING IMPRESSIONS FROM PORTRAITS AND VIGNETTES. Impressions of portraits and vignettes may be furnished from Bureau of Engraving and Printing by order of Secretary of Treasury.
Impressions of Be it enacted, &c., That the Secretary of the Treasury, at the request portraits and vig- of a Senator, Representative, or Delegate in Congress, the head of a denished from Bu- partment or bureau, art association, or library, be, and he is hereby reau of Engraving authorized to furnish impressions from any portrait or vignette which by order of Secre- is now, or may hereafter be, a part of the engraved stock of the Bureau tary of Treasury. of Engraving and Printing, at such rates and under such conditions as he may deem necessary to protect the public interests. [December 22, 1879.]
Jan. 21, 1880.
AN ACT TO ESTABLISH A LAND-DISTRICT IN THE TERRITORY OF DAKOTA, AND LOCAT-
1. Grand Forks land district in Dakota estab-
Be it enacted, &c.
2. Register and receiver; appointment, residence, and salaries.
[SECTION 1], That all that portion of the Territory of Dakota lying land-district in and being north of the twelfth standard parallel and east of the tenth Dakota estab- guide meridian shall constitute a new land-district, to be known as the R. S., § 2256, 2d Grand Forks district.
ed., p. 411.
Register and re- SEC. 2. The President is hereby authorized to appoint, in the manner ceiver; appoint- provided by law, a register and a receiver for said district, who shall ment, residence, be required to reside in Grand Forks, in the county of Grand Forks, R. S., §§ 2234- until such time as the President may, in his discretion, remove the site of said land-office from said Grand Forks; and said register and said receiver shall be subject to the same laws and entitled to the same compensation as is or may be provided by law in relation to existing land offices and officers in said Territory. [January 21, 1880.]
AN ACT TO AMEND SECTIONS TWENTY-THREE HUNDRED AND TWENTY-FOUR AND
1. Application for patents for mineral lands, &c.,
may be made by agent when claimant re-
Be it enacted, &c.
2. On unpatented claims year's work required by law to commence January 1 after location.
[SECTION 1], That section twenty-three hundred and twenty-five of the patents for mineral Revised Statutes of the United States be amended by adding thereto lands, &c., may be the following words: made by agent
when claimant re
R. S., § 2325.
"Provided, That where the claimant for a patent is not a resident of sides out of dis- or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits:
And provided, That this section shall apply to all applications now pending for patents to mineral lands.”
SEC. 2. That section twenty-three hundred and twenty-four of the On unpatented Revised Statutes of the United States be amended by adding the fol- claims year's work lowing words: required by law to commence Jan
"Provided, That the period within which the work required to be uary 1 after locadone annually on all unpatented mineral claims shall commence on the tion. first day of January succeeding the date of location of such claim, and R. S., § 2324. this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two." [January 22, 1880.j
AN ACT AUTHORIZING THE SECRETARY OF THE TREASURY TO APPOINT A DEPUTY-
Deputy collector of customs, &c., may be appointed |
at Seaford, Del.
Jan. 24, 1880.
21 Stat. L., 62.
Be it enacted, &c., That the Secretary of the Treasury be and is hereby Deputy collector authorized to appoint a deputy-collector or other suitable officer at Sea- of customs, &c., ford, Sussex County, Delaware, who shall have power to enter and clear all vessels coming to that port;
And the salary of such officer shall not exceed the sum of five hundred dollars per annum. [January 24, 1880.]
may be appointed
AN ACT TO PROVIDE FOR CIRCUIT AND DISTRICT COURTS OF THE UNITED STATES AT
Jan. 29, 1880.
21 Stat. L., 62.
[SECTION 1], That the counties of Pike, Butts, and Jasper, hereto Judicial districts fore composing a part of the northern district of Georgia, be trans- of Georgia; cerferred to, and henceforth form a part of, the southern district of Georgia.
tain counties trans
R. S., § 535.
SEC. 2. Said southern district shall be and hereby is, divided into two divisions, to be known as the eastern and the western divisions of trict divided. the southern district of Georgia.
The western division shall consist of forty-three counties, to wit:
The eastern division shall consist of the remaining counties in said - castern division. district.
No additional clerk or marshal shall be appointed in said district.
SEC. 3. A term of the circuit court and of the district court for the southern district of Georgia shall be held at Macou in said State on the first Mondays of May and October in each year.
No additional clerk or marshal. A term of circuit
court to be held at
R. S., § 658.
Suits in circuit
in which division
SEC. 4. All suits not of a local nature in the circuit and district courts and district courts; against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district, such suits may be brought in either division.
to be brought. R. S., § 740.
Issues of fact; where to be tried.
offenses; in which division to be commenced.
Civil actions now pending at Savannah may be transferred.
Removal of suits
from State courts in Georgia to what division.
Residence of ju
All issues of fact in said suits shall be tried at a term of the court held in the division where the suit is so brought.
SEC. 5. Prosecutions for crimes or offenses hereafter committed in either of the sub-divisions shall be cognizable within such division; and all prosecutions for crimes or offenses heretofore committed within either of said counties, taken as aforesaid from the northern district, or committed in the southern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed. SEC. 6. Civil actions or proceedings now pending at Savannah in said southern district, which would under this act be brought in the western division of said district, may be transferred, by the consent of all the parties, to said western division;
And in case of such transfer, all papers and files therein, with copies of all journal entries, shall be transferred to the deputy clerk's office at Macon, and the same shall be proceeded with in all respects as though it was originally commenced in the western division.
SEC. 7. In all cases of removal of suits from the courts of the State of Georgia to the courts of the United States in the southern district of Georgia such removal shall be to the United States courts in the divis ion in which the county is situated from which the removal is made;
And the time within which the removal shall be perfected, in so far as it refers to, or is regulated by, the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division. SEC. 8. All grand and petit jurors summoned for service in each division shall be residents of such division.
All mesne and final process, subject to the provisions herein before either division may contained, issued in either of said divisions may be served and executed be served in the in either or both of the divisions.
When act takes
SEC. 9. This act shall be in force from and after the first day of July anno Domini, eighteen hundred and eighty.
All acts and parts of acts inconsistent herewith are hereby repealed. [January 29, 1880.]
Feb. 4, 1880.
21 Stat. L., 63.
AN ACT TO PROVIDE FOR CIRCUIT AND DISTRICT COURTS OF THE UNITED STATES AT
[SECTION 1], That the counties of Union, Delaware, Morrow, Knox, of Ohio; counties Coshocton, Harrison, and Jefferson, heretofore composing a part of the transferred from northern district of Ohio, be transferred to, and henceforth form part northern to south- of, the southern district of Ohio.
R. S., § 544. 1878,
Terms of circuit
June 8, ch. 169, § 2.
SEC. 2. A term of the circuit court and of the district court for the court at Columbus, southern district of Ohio shall be held at Columbus in said State on the R. S., § 658, 20 first Tuesday of the months of June and December in each year. ed., p. 122.