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SEC. 4288. Any person shipping oil of vitriol, unslaked lime, inflamma- Title 48, Chap. 6. ble matches, or gunpowder, in a vessel taking cargo for divers persons Shipping inon freight, without delivering, at the time of shipment, a note in writing, flammable mateexpressing the nature and character of such merchandise, to the master, rials. mate, officer, or person in charge of the lading of the vessel, shall be liable to the United States in a penalty of one thousand dollars. But this section shall not apply to any vessel of any description whatsoever used in rivers or inland navigation.

SEC. 4422. Upon the application of any master or owner of any steam- Title 52, Chap. 1. vessel employed in the carriage of passengers, for a license to carry License by in. gunpowder, the local inspectors shall examine such vessel, and if they spectors to carry find that she is provided with a chest or safe composed of metal, or en- gunpowder. tirely lined and sheathed therewith, or if the vessel has one or more compartments thoroughly lined and sheathed with metal, at a secure distance from any fire, they may grant a certificate to that effect, authorizing such vessel to carry as freight within such chest, safes, or compartments, the article of gunpowder.

SEC. 4424. Whenever any passenger is received on board any steam- Penalty for carvessel not having the certified copies of the certificate of approval rying passengers placed and kept as required by this Title, or whenever any passenger contrary to law. or gunpowder steam-vessel receives or carries any gunpowder on board, not having a certificate authorizing the same, and a certified copy thereof placed and kept as required, or shall carry any gunpowder at a place or in a manner not authorized by such certificate, such steam-vessel shall be liable to a penalty of one hundred dollars for each offense.

SEC. 4475. All gunpowder, nitro-glycerine, camphene, naphtha, benzine, Title 52, Chap. 2. benzole, coal-oil, crude or refined petroleum, oil of vitriol, nitric or Mode of packother chemical acids, oil or spirits of turpentine, friction-matches, and ing dangerous all other articles of like character, when packed or put up for shipment, articles. shall be securely packed and put up separately from each other and from all other articles; and the package, box, cask, or other vessel containing the same shall be distinctly marked on the outside, with the name or description of the article contained therein.

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SEC. 751. The Supreme Court and the circuit and district courts shall have power to issue writs of habeas corpus.

SEC. 752. The several justices and judges of the said courts, within Title 13, Chap. 13. their respective jurisdictions, shall have power to grant writs of Power of judges habeas corpus for the purpose of an inquiry into the cause of restraint to grant writs of of liberty. habeas corpus.

SEC. 753. The writ of habeas corpus shall in no case extend to a pris- Writ of habeas oner in jail, unless where he is in custody under or by color of the au- corpus when pris. thority of the United States, or is committed for trial before some court oner is in jail. thereof; or is in custody for an act done or omitted in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States; or, being a subject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, or order, or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify.

corpus.

Application for SEC. 754. Application for a writ of habeas corpus shall be made to the the writ of habeas court or justice, or judge authorized to issue the same, by complaint in writing, signed by the person for whose relief it is intended, setting forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or authority, if known. The facts set forth in the complaint shall be verified by the oath of the person making the application.

Allowance and

writ.

Time of return.

SEC. 755. The court, or justice, or judge to whom such application is direction of the made shall forthwith award a writ of habeas corpus, unless it appears from the petition itself that the party is not entitled thereto. The writ shall be directed to the person in whose custody the party is detained. SEC. 756. Any person to whom such writ is directed shall make due return thereof within three days thereafter, unless the party be detained beyond the distance of twenty miles; and if beyond that distance and not beyond a distance of a hundred miles, within ten days; and if beyond the distance of a hundred miles, within twenty days.

Form of return.

Body of the party to be pro

duced.

Day for hear. ing.

Denial of re

SEC. 757. The person to whom the writ is directed shall certify to the court, or justice, or judge before whom it is returnable the true cause of the detention of such party.

SEC. 758. The person making the return shall at the same time bring the body of the party before the judge who granted the writ.

SEC. 759. When the writ is returned, a day shall be set for the hearing of the cause, not exceeding five days thereafter, unless the party petitioning requests a longer time.

SEC. 760. The petitioner or the party imprisoned or restrained may turn, counter-al- deny any of the facts set forth in the return, or may allege any other legations, amendfacts that may be material in the case. Said denials or allegations ments. shall be under oath. The return and all suggestions made against it may be amended, by leave of the court, or justice, or judge, before or after the same are filed, so that thereby the material facts may be ascertained.

Summary hear- SEC. 761. The court, or justice, or judge shall proceed in a summary ing; disposition way to determine the facts of the case, by hearing the testimony and of party. arguments, and thereupon to dispose of the party as law and justice require.

to be served on

general.

In cases in- SEC. 762. When a writ of habeas corpus is issued in the case of any volving the law prisoner who, being a subject or citizen of a foreign state and domiciled of nations, notice therein, is committed, or confined, or in custody, by or under the authorState attorney. ity or law of any one of the United States, or process founded thereon, on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, claimed under the commission or order or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations, notice of the said proceeding, to be prescribed by the court, or justice, or judge at the time of granting said writ, shall be served on the attorney-general or other officer prosecuting the pleas of said State, and due proof of such service shall be made to the court, or justice, or judge before the hearing.

Appeals in SEC. 763. From the final decision of any court, justice, or judge inferior cases of habeas to the circuit court, upon an application for a writ of habeas corpus or corpus to circuit upon such writ when issued, an appeal may be taken to the circuit court court. for the district in which the cause is heard:

Appeal to Supreme Court.

Appeals, how taken.

1. In the case of any person alleged to be restrained of his liberty in violation of the Constitution, or of any law or treaty of the United States.

2. In the case of any prisoner who, being a subject or citizen of a foreign state, and domiciled therein, is committed or confined, or in custody by or under the authority or law of the United States, or of any State, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the commission, order, or sanction of any foreign state or sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof.

SEC. 764. From the final decision of such circuit court an appeal may be taken to the Supreme Court in the cases described in the last clause of the preceding section.

SEC. 765. The appeals allowed by the two preceding sections shall be taken on such terms, and under such regulations and orders, as well for the custody and appearance of the person alleged to be in prison or confined or restrained of his liberty, as for sending up to the appellate tri

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bunal a transcript of the petition, writ of habeas corpus, return thereto,
and other proceedings, as may be prescribed by the Supreme Court, or,
in default thereof, by the court or judge hearing the cause.

Pending proceedings in certain cases, action

SEC. 766. Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment of discharge, any proceeding against the person so by State authorimprisoned or confined or restrained of his liberty, in any State court, or ity void. by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void.

HAZING.

CHAP. 453.--An act to prevent hazing at the Naval Academy.

Offenders to be

Be it enacted by the Senate and House of Representatives of the United June 23, 1874.
States of America in Congress assembled, That in all cases when it shall Hazing at Na-
come to the knowledge of the superintendent of the Naval Academy, val Academy.
at Annapolis, that any cadet-midshipman or cadet-engineer has been
guilty of the offense commonly known as hazing, it shall be the duty of
said superintendent to order a court-martial, composed of not less than
three commissioned officers, who shall minutely examine into all the court-martialed.
facts and circumstances of the case and make a finding thereon; and
any cadet-midshipman or cadet engineer found guilty of said offense by Cadet found
said court shall, upon recommendation of said court be dismissed; and guilty to be dis-
such finding, when approved by said superintendent, shall be final; To be forever
and the cadet so dismissed from said Naval Academy shall be forever ineligible to re-
ineligible to re-appointment to said Naval Academy.
Approved, June 23, 1874.

HOLIDAYS.

AN ACT making the first day of January, the twenty-fifth day of December, the
fourth day of July, and thanksgiving day, holidays within the District of Colum-

bia.

missed.

appointment.

June 28, 1870.

First January,

Christmas,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following days, to wit: The first day of January, commonly called New Year's day, the Fourth of July, fourth day of July, the twenty-fifth day of December, commonly called Thanksgiving. Christmas day, and any day appointed or recommended by the President of the United States as a day of public fast or thanksgiving, shall be holidays within the District of Columbia, and shall, for all purposes of presenting for payment or acceptance for the maturity and protest, and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on either of said holidays shall be deemed as having matured on the day previous. Approved, June 28, 1870.

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may enter

SEC. 2289. Every person who is the head of a family, or who has arrived Title 32, Chap. 5. at the age of twenty-one years, and is a citizen of the United States, Who or who has filed his declaration of intention to become such, as required certain unapproby the naturalization laws, shall be entitled to enter one quarter-section priated lands. or a less quantity of unappropriated public lands, upon which such per

Mode of procedure.

Certificate and

son may have filed a pre-emption claim, or which may, at the time the application is made, be subject to pre-emption at one dollar and twentyfive cents per acre; or eighty acres or less of such unappropriated lands, at two dollars and fifty cents per acre, to be located in a body, in conformity to the legal subdivisions of the public lands, and after the same have been surveyed. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres.

SEC. 2290. The person applying for the benefit of the preceding section shall, upon application to the register of the land-office in which he is about to make such entry, make affidavit before the register or receiver that he is the head of a family, or is twenty-one years or more of age, or has performed service in the Army or Navy of the United States, and that such application is made for his exclusive use and benefit, and that his entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person; and upon filing such affidavit with the register or receiver, on payment of five dollars when the entry is of not more than eighty acres, and on payment of ten dollars when the entry is for more than eighty acres, he shall thereupon be permitted to enter the amount of land specified.

SEC. 2291. No certificate, however, shall be given, or patent issued patent, when therefor, until the expiration of five years from the date of such entry; given and issued. and if at the expiration of such time, or at any time within two years thereafter, the person making such entry; or if he be dead, his widow; or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty-eight, and that he, she, or they will bear true allegiance to the Government of the United States; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by law.

When rights

efit of infant children.

*

SEC. 2292. In case of the death of both father and mother, leaving an inure to the ben- infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of such infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office-fees and sum of money above specified.

Persons in mili

SEC. 2293. In case of any person desirous of availing himself of the tary or naval benefits of this chapter; but who, by reason of actual service in the service, when and before whom military or naval service of the United States, is unable to do the perto make affidavit. sonal preliminary acts at the district land-office which the preceding

Homestead

sections require; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bona-fide improvement and settlement have been made, such person may make the affidavit required by law before the officer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the application and affidavit are accompanied by the fee and commissions as required by law.

SEC. 2296. No lands acquired under the provisions of this chapter lands not to be shall in any event become liable to the satisfaction of any debt con-, subject to prior tracted prior to the issuing of the patent therefor.

debts.

Government.

When lands en- SEC. 2297. If, at any time after the filing of the affidavit, as required tered for home- in section twenty-two hundred and ninety, and before the expiration of stead revert to the five years mentioned in section twenty-two hundred and ninety-one, it is proved, after due notice to the settler, to the satisfaction of the register of the land-office, that the person having filed such affidavit has actually changed his residence, or abandoned the land for more * Transferred for church, cemetery, or school purposes, or for right of way of railroads.

than six months at any time, then and in that event the land so entered shall revert to the Government.

SEC. 2298. No person shall be permitted to acquire title to more than one quarter-section under the provisions of this chapter.

Limitation of amount entered for homestead. What minors

chapter.

SEC. 2300. No person who has served, or may hereafter serve, for a period not less than fourteen days in the Army or Navy of the United may have the States, either regular or volunteer, under the laws thereof, during the privileges of this existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years.

SEC. 2301. Nothing in this chapter shall be so construed as to prevent Payment before expiration of five any person who has availed himself of the benefits of section twentyyears; rights of two hundred and eighty-nine, from paying the minimum price for the applicant. quantity of land so entered, at any time before the expiration of the five years, and obtaining a patent therefor from the Government, as in other cases directed by law, on making proof of settlement and cultivation as provided by law, granting pre-emption rights.

SEC. 2302. No distinction shall be made in the construction or execution of this chapter, on account of race or color; nor shall any mineral lands be liable to entry and settlement under its provisions. SEC. 2303. All the public lands in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, shall be disposed of in no other manner than according to the terms and stipulations contained in the preceding provisions of this chapter.

No distinction on account of race or color, &c.

What lands disposed of only as homesteads.

stead.

SEC. 2304. Every private soldier and officer who has served in the Soldiers' and Army of the United States during the recent rebellion, for ninety days, sailors' homeand who was honorably discharged, and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the third section of an act approved February thirteen, eighteen hundred and sixty-two, and every seaman, marine, and officer who has served in the Navy of the United States, or in the Marine Corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the Government, shall, on compliance with the provisions of this chapter, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States; but such homestead settler shall be allowed six months after locating his homestead, and filing his declaratory statement, within which to make his entry and commence his settlement and improvement.

val service from time, &c.

SEC. 2305. The time which the homestead settler has served in the Deduction of Army, Navy, or Marine Corps shall be deducted from the time hereto- military and nafore required to perfect title, or if discharged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements.

than 160 acres, rights of.

SEC. 2306. Every person entitled, under the provisions of section Persons who twenty-three hundred and four, to enter a homestead who may have have entered less heretofore entered, under the homestead laws, a quantity of land less than one hundred and sixty acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres.

SEC. 2307. In case of the death of any person who would be entitled Widow and mito a homestead under the provisions of section twenty-three hundred nor children of persons entitled and four, his widow, if unmarried, or in case of her death or marriage, to homestead, &c. then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvements therein contained; but if such person died during his term of enlistment, the whole term of his enlistment

shall be deducted from the time heretofore required to perfect the title. Actual service SEC. 2308. Where a party at the date of his entry of a tract of land in the Army or under the homestead laws, or subsequently thereto, was actually en- Navy equivalent listed and employed in the Army or Navy of the United States, his to residence, &c.

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