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recovered into the port nearest to the place where such ship or vessel was so sunk free from the payment of any duty thereupon, and without being obliged to enter the same at the custom house, under such rules and regulations as the Secretary of the Treasury may prescribe. [June 22, 1874.]

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Savings banks

enue tax.



Savings banks having no capital stock, &c., exempt from internal revenue tax.

Be it enacted, &c., That no farther collection of internal revenue taxes having no capital shall be made on the earnings of savings banks or institutions for savstock, &c., exempt from 'internal-rev- ings, having no capital stock and doing no other business than receiving deposits to be loaned or invested for the sole benefit of the parties R. S., § 3408. making such deposits, without profit or compensation to the association 1874, June 18, or company, whether the earnings of the same have been or may here1879, March 1, after be divided annually, semi-annually or at other periods. [June 22, ch. 125, § 22. 1874.]

ch. 304.

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Act not to be construed as confirming certain decisions of Interior Department.

Railroad compaBe it enacted, &c., That in the adjustment of all railroad land grants, nies relinquishing whether made directly to any railroad company or to any State for raillands in their road grants entered for if any of the lands granted be found in the possession pre-emption of an actual settler whose entry or filing has been allowed under the homestead may se- pre-emption or homestead laws of the United States subsequent to the lect oth. r lands in time at which, by the decision of the land-office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitled to select an equal quantity of other lands in lieu thereof from any of the public lands not mineral and within the limits of the grant not otherwise appropriated at the date of selection, to which they shall receive title the same as though originally granted.

lieu thereof.

R. S., §§ 2259, 2289.

Title of settlers

Grant to companies not larged.

Act not to be construed as con

And any such entries or filings thus relieved from conflict may be may be perfected. perfected into complete title as if such lands had not been granted: Provided, That nothing herein contained shall in any manner be so en- construed as to enlarge or extend any grant to any such railroad or to extend to lands reserved in any land grant made for railroad purposes: And provided further, That this act shall not be construed so as in any firming certain de- manner to confirm or legalize any decision or ruling of the Interior Decisions of Interior partment under which lands have been certified to any railroad comDepartment. pany when such lands have been entered by a pre-emption or homestead settler after the location of the line of the road and prior to the notice to the local land-office of the withdrawal of such lands from market. [June 22, 1874.]



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June 22, 1874.

18 Stat. L., 195.

[SECTION 1], That there shall be, and is hereby, established a circuit Circuit court in court of the United States for the middle district of Alabama, as said Alabama; northdistrict is now constituted by law, to be held in the city of Montgomery, tricts established. ern and middle disand a like court for the northern district of Alabama, as said district is R. S., § 608. now constituted by law, to be held in the city of Huntsville.

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R. S., § 634, 4979, 4986.

SEC. 2. That said circuit courts shall have and exercise, within their -powers and jurespective districts, the same original powers and jurisdiction as are or risdiction of. may be conferred by law upon the circuit court of the United States for the southern district of Alabama at Mobile, and shall have and exercise appellate and revisory jurisdiction over the decrees and judgments of the district courts of the United States for the said middle and northern districts, respectively, under the laws of the United States regulating the jurisdiction, powers, and practice of the circuit courts, and the judges thereof, in cases removed into said courts by appeal or writ of error; And said courts, and the judges thereof, shall have the general super- - under bankrupt intendence and jurisdiction over all cases and questions arising in said law. district courts, respectively, under the act approved March second R. S., §§ 4972eighteen hundred and sixty-seven entitled (1) "An act to establish a uniform system of bankruptcy throughout the United States" as is provided for in the second section of said act.


1874, ch. 390. 1878, ch. 160.

Clerks of; their

SEC. 3. That there shall be appointed for each of said circuit courts for said middle and northern districts, by the circuit judge of the circuit, oaths, bonds, dua clerk who shall take the oath and give the bond required by law of ties, and fees. R. S., § 619. clerks of circuit courts, and who shall discharge all the duties and be 1878, June 20, entitled to all the fees and emoluments prescribed by law for clerks of ch. 329, par. 15. circuit courts;

And the United States marshals for said middle and northern dis- Marshals and tricts shall, respectively, act as marshals for said circuit courts, and the district attorneys United States district attorney for said districts shall discharge the to act for circuit duties of district attorney in said circuit courts for said middle and R. S., §§ 767, 776.

northern districts.


SEC. 4. That the clerks of said district courts for said middle and Transfer of orignorthern districts shall transfer to the clerks of the said circuit courts inal dockets, recrespectively all the original dockets, records and files of papers in all ords, and files. common-law and equity causes which might have been brought and would have been originally cognizable in a circuit court, and which were either disposed of or pending in said district courts while the same were vested with circuit-court powers.

SEC. 5. That the circuit court of the United States held at Mobile, Alabama, shall be designated and known as the circuit court of the United States for the southern district of Alabama;

And its appellate and revisory power, upon appeal or writ of error, or by bill or petition, or otherwise, under the second section of said act, entitled (1) "An act to establish a uniform system of bankruptcy throughout the United States" is hereby restricted to judgments and decrees rendred [rendered] or causes and questions arising in the district court of the United States for said southern district;

NOTE.-(1) The bankrupt act, 1867. ch. 176 (14 Stat. L., 517) is incorporated in Revised Statutes in the sections noted in the margin, but the whole law is repealed by act of 1878, June 7, ch. 160.

Circuit court for southern district. R. S., § 608. appellate and revisory powers of, bankrupt

law, restricted.
R. S., § 4986.
R. S., § 4972-

Certain provis- And that the (2) fourth section of the act approved March third, ions as to appellate eighteen hundred and seventy-three, entitled, "An act relating to the jurisdiction in Al- circuit and district courts of the United States for the middle and northabama repealed. ern districts of Alabama" be, and the same is hereby repealed.

R. S., § 634.

Terms of circuit

and district courts

in Alabama.

R. S., §§ 572, 658.

Certain laws respecting appeals, &c., repealed.

R. S., §§ 608, 634.


SEC. 6. That terms of the circuit and district courts for the several districts of Alabama shall be held as follows:

For the southern district, the terms of the circuit and district courts shall commence on the fourth Monday of December and the first Monday of June in each year;

For the middle district, on the first Monday of May and the first Monday of November in each year;

For the northern district, on the first Monday of April and the second Monday of October in each year.

SEC. 7. That (3) the fifth section of the act approved February twentysecond, eighteen hundred and thirty-eight entitled, "An act to abolish the circuit court at Huntsville in the State of Alabama and for other purposes" and the act approved August fourth, eighteen hundred and forty-two, entitled (3) "An act to regulate appeals and writs of error from the district court of the United States for the northern district of Alabama" be and the same are hereby, repealed.

SEC. 8. That all laws and parts of laws, inconsistent with the provisions of this act, be and the same are hereby repealed. [June 22, 1874.] NOTES. (2) Section 4 of act of 1873, ch. 223 (17 Stat. L., 484), here referred to, is the same as R. S., § 634 noted in the margin.

(3) The provisions here referred to, of 1838, ch. 12, § 5, and 1842, ch. 123 (5 Stat. L., 210, 504), are not incorporated into the Revised Statutes, and seem to have been superseded by the act of 1873, ch. 223 (17 Stat. L., 485), as incorporated into the Revised Statutes, §§ 608, 634.

June 22, 1874. 196.

18 Stat. L.,




Montgomery, Ala., to be port of delivery, and have deputy collector.

Be it enacted, &c., That Montgomery, in the State of Alabama, shall Montgomery, be, and is hereby, constituted a port of delivery, within the collectionAla., to be port of district of Mobile; delivery.

R. S., § 2564.

And there shall be appointed a deputy collector of customs, to reside to have deputy at said port, who shall receive a salary, to be determined by the Secretary of the Treasury, not exceeding one thousand five hundred dollars


R. S., §§ 2564, per annum. [June 22, 1874.]



June 22, 1874.

18 Stat. L., 197.


Bridge across Mississippi River, between La
Crosse, Wis., and Houston, Minn.

- subject to provisions of former act.

- works for security, &c., of, to be constructed.

Not more than $3 a car to be charged for trans

portation of freight-cars. Text of former act in note.

Bridge acros8 Be it enacted, &c., That the Milwaukee and Saint Paul Railway ComMississippi River between LaCrosse, pany may construct and maintain a bridge across the Mississippi River Wis., and Houston, at a point heretofore selected by said company between the county of La Crosse, in the State of Wisconsin, and the county of Houston, in the State of Minnesota:


Provided, That the Secretary of War shall convene a board of engineer officers, whose duty it shall be to ascertain and report whether a bridge at the location selected by said company can be constructed and

maintained without material interference with the security and convenience of navigation of said river at that point, and shall also ascertain and report what accessory works it will be necessary to construct and maintain to secure the best practicable straight channel-way for navigation of said river at and near that point; the board shall further determine the necessary height of said bridge, the location of its piers, and make such recommendations for the security and convenience of navigation as may be deemed essential and proper; and that upon the approval of the report and recommendations of the board by the Secretary of [of] War, the said company, upon being so notified, may proceed to construct said bridge in accordance with said report and recommendations,

Subject to the provisions and limitations of the act entitled (1) “An Bridge subject to act to authorize the construction of a bridge across the Mississippi River provisions of act of at or near the town of Clinton, in the State of Iowa, and other bridges (1) 1872, ch. 73. across said river, and to establish them as post-roads," approved April

first, eighteen hundred and seventy-two:

And provided further, That said company shall construct and main--works for secutain all the accessary works found to be necessary as herein before pro- rity, &c., of, to be vided, for the security and convenience of navigation at their own constructed. expense, and subject to such supervision as the Secretary of War may prescribe, and that until the said works shall have been constructed to

the satisfaction of the Secretary of War, and are approved by him, the superstructure of the bridge shall not be commenced:

And provided further, That this act shall not be so construed as to relieve said company from the provisions of any existing laws, except as to the location and height of said bridge:

And provided further, That said company shall not charge more than three dollars a car for each freight-car transported across said bridge. [June 22, 1874.]

NOTE. (1) The provisions of the act of 1872, ch. 73 (17 Stat. L., 45), here referred to, which are gen. eral, public, and of continuing interest, are as follows:


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Not more than

$3 a
car to be
charged for trans-
portation of

Draws to be opened promptly.

SEC. 2. Any bridge built under the provisions of this act may, at the option of the company building
the same, be built as a drawbridge, with a pivot or other form of draw, or with unbroken or continuous
said draw shall be opened promptly, upon reasonable signal for the passage of boats.
SEC. 3. Any bridge constructed under this act, and according to its limitations, shall be a lawful
Bridge to be post-
structure, and shall be known and recognized as a post-route, upon which, also, no higher charge shall route, and charges for
be made for the transmission over the same of the mails, the troops and the munitions of war of the government transpor-
United States than the rate per mile paid for their transportation over the railroads and public high- tation over limited.
ways leading to the said bridge, and the United States shall have the right of way for postal-telegraph
purposes across said bridge.

SEC. 4. All railway companies desiring to use the said bridge shall have and be entitled to equal rights
and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of
all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Sec-
retary of War, upon hearing the allegations and proofs of the parties in case they shall not agree.
SEC. 5. (2) The structure herein authorized shall be built and located under and subject to such regu-
lations for the security of navigation of said river as the Secretary of War shall prescribe,
And the said structure shall be at all times so kept and managed as to offer reasonable and proper
means for the passage of vessels through or under said structure; and the said structure shall be
changed at the cost and expense of the owners thereof, from time to time as Congress may direct, so as
to preserve the free and convenient navigation of said river.

And the authority to erect and continue said bridge shall be subject to revocation, modification by law whenever the public good shall in the judgment of Congress so require, without any expense or charge to the United States.

NOTE. (2) This section is made applicable to all bridges thereafter built over the Mississippi River, by act of 1872, ch. 281 (17 Stat. L., 215).[


All railroad companies to have equal rights of passage, Regulations for security of navigation to be prescribed by Secretary of War.

Rights may be revoked-1872, ch. 181.



Certain land in Saginaw River relinquished to riparian owners.

Be it enacted, &c., That all rights and title of the United States to the middle ground or island in the Saginaw River, lying within the prescribed limits of fractional section five, in township thirteen north, of range five east, and sections twenty-nine and thirty-two, in township fourteen north, of range five east, in the State of Michigan, are hereby relinquished to the

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riparian owners respectively of the lands on the shores of said river in front of or opposite to said island, saving and reserving to all persons or parties other than the United States any legal rights acquired therein: Provided, That this act shall not be construed or held to imply a claim of title on the part of the United States to said middle ground, but only as a relinquishment of any apparent right therein to the persons respectively to whom the lands on said shores were patented, their heirs and assigns:

Provided further, That nothing contained in this act shall be construed to affect in any manner the rights of Stephen Marston, one of the proprietors and occupants of said middle ground. [June 22, 1874.]

June 22, 1874. 18 Stat. L., 200.

Secretary of War

able ordnance stores.



Secretary of War to sell unserviceable ordnance stores.

Be it enacted, &c., That from and after the passage of this act the Secto sell unservice- retary of War be, and he is hereby, authorized and directed to be caused to be sold in such manner, and at such times and places, and in such R. S., §§ 3618, quantities, as shall most conduce to the interest of the United States, all 3672, 3692. obsolete and unserviceable ammunition and leader balls, and the surplus of pig lead in excess of two thousand tons now stored in the various arsenals of the United States, and to cause the net proceeds of such sale, after paying all costs and expenses of breaking up and preparing said ammunition for sale, and all the necessary expenses of such sale, including the cost of transportation to the place of sale, to be covered into the Treasury of the United States with full accounts of said expenses. [June 22, 1874.]

June 22, 1874.

18 Stat. L., 200.

Pacific Railroad



Pacific Railway Companies to be required to pay percentage due United States on net earnings.

Be it enacted, &c., That the Secretary of the Treasury be, and hereby Companies to be is, directed to require payment of the railroad-companies, their successors required to pay and assigns, or the successors or assigns of any or either of said compapercentage due United States on nies, of all sums of money due or to become due, the United States for net earnings. the five per centum of the net earnings provided for by the act entitled 1862, ch. 120 (12 "An act to aid in the construction of a railroad and telegraph-line from Stat. L., 489). the Missouri River to the Pacific Ocean, and to secure to the Government 1864, ch. 216 (13 the use of the same for postal, military, and other purposes" approved Stat. L., 365). 1873, ch. 226, §§ July first, eighteen hundred and sixty-two, or by any other act or acts 2, 4 (17 Stat. L., in relation to the companies therein named, or any other such company or companies, and in case either of said railroad companies shall neglect or refuse to pay the same within sixty days after demand therefor made upon the treasurer of such railroad company, the Secretary of the Treasury shall certify that fact to the Attorney-General, who shall thereupon institute the necessary suits and proceedings to collect and otherwise obtain redress in respect of the same in the proper circuit courts of the United States, and prosecute the same, with all convenient dispatch to a final determination [June 22, 1874.]



1878, May 7, ch.

11 C. Cls., 1.

12 C. Cls., 237.

13 C. Cls., 401. 91 U. S., 72.

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