Proviso.

attempt to secure from the Indian nations any further grant of land, or its occupancy, than is herein before provided: Provided, That any Violation to violation of the condition mentioned in this section shall operate as a work forfeiture. forfeiture of all the rights and privileges of said railway company under this act.

Record of mortgages.

Right to amend, etc., reserved.

SEC. 11. That all mortgages executed by said railway company conveying any portion of its railroad, with its franchises, that may be constructed in said Indian Territory, shall be recorded in the Department of the Interior, and the record thereof shall be evidence and notice of their execution, and shall convey all rights and property of said company as therein expressed.

SEC. 12. That Congress may at any time amend, add to, alter, or repeal this act; and the right of way herein and hereby granted shall not Not assignable be assigned or transferred in any form whatever prior to the construcprior to construc- tion and completion of the road, except mortgages or other liens that tion and complemay be given or secured thereon to aid in the construction thereof. tion. Approved, February 24, 1887.

Feb. 25, 1887.

CHAP. 257.-An act granting the right of way to the Annapolis and Baltimore Short Line Railroad Company across the Government farm connected with the Naval Academy at Annapolis, Maryland.

Right of way Be it enacted by the Senate and House of Representatives of the United through Naval States of America in Congress assembled, That the right of way through Academy grounds, the northwest corner of the lands belonging to the United States GovAnnapolis, Md., to Annapolis and Bal- ernment lying and being in Anne Arundel county, in the State of timore Short Line Maryland, known as the Government farm, be, and hereby is, granted R. R. Co.

To lapse if not used in two years.

to the Annapolis and Baltimore Short Line Railroad Company, for the construction of a railroad between the cities of Annapolis and Baltimore, to be located to the satisfaction of the Secretary of the Navy; and the said right of way hereby granted shall be to the extent of sixtysix feet in width, with such additional width as may be required for slopes at cuttings and embankments, said line to be located northwest of the hospital buildings, and at least fifty feet from the out-buildings thereof.

SEC. 2. That the right of way and other privileges granted herein under the provisions contained in this act shall become inoperative and null and void unless the said company shall, within the term of two years from the first day of June, eighteen hundred and eighty-eight, have so far advanced the construction of said road as to satisfy the Navy Department that said company is lawfully and successfully estab lished, and that said road will be completed as proposed within a reasonable time, and also unless the said railroad company shall cause to be erected and maintained suitable bridges where roads are crossed and fences erected and maintained on either side of said railroad. Approved, February 25, 1887.

Feb. 25, 1887.

Troy, N. Y.

Public building. Vol. 23, p. 304. Limit of cost increased.

CHAP. 258. An act to increase the appropriation for the erection of a publio building at Troy, New York.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the amount heretofore fixed as the limit of cost for the erection of a public building by the United States Government at Troy, New York, be, and the same is hereby, increased to three hundred thousand dollars, and that sum is hereby fixed as the limit of cost for the erection of said building and for the payment for the site thereof; and said additional sum is hereby Appropriation. appropriated, out of any money in the Treasury not otherwise appropriated, to be used and expended for the purposes provided in this act.

SEC. 2. That the officers of the United States Government having charge of the erection of public buildings are required to be governed by the limitation hereby prescribed in making plans and contracts for the erection of said building.

Approved, February 25, 1887.

CHAP. 259. An act to increase the appropriation for the public building at Brooklyn, New York.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the amount heretofore fixed as the limit of cost for the erection of a public building by the United States Government at Brooklyn, New York, be, and the same is hereby, increased to one million five hundred thousand dollars, and that sum is hereby fixed as the limit of cost for the erection of said building, exclusive of cost of site heretofore purchased.

SEC. 2. That the officers of the United States Government having charge of the erection of public buildings are authorized and required to be governed by the limitation hereby prescribed in making contracts for the erection of said building.

Feb. 25, 1887.

Brooklyn, N. Y. Public building. Vol. 22, p. 61. Limit of cost increased.

SEC. 3. That the sum of one million two hundred and seventy-eight Appropriation. thousand five hundred and ninety-four dollars and twelve cents be, and

the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be used and expended for the purposes provided in this act.

Approved, February 25, 1887.

CHAP. 269.-An act to provide for holding terms of the circuit and district courts of the United States for the eastern district of Michigan at Bay City, in said district. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That two or more terms of the circuit court and district court of the United States for the eastern district of Michigan shall be held annually at Bay City, in said district, at such times as shall be appointed by such courts therefor.

Clerks, etc., to perform duties at

SEC. 2. That the clerks of the said circuit and district courts, and the marshal and attorney of said eastern district, shall severally per Bay City. form the duties appertaining to his office, respectively, for said courts when sitting at Bay City, pursuant to the terms of this act. All the records, files, and papers relating to proceedings had by or before either of said courts when sitting at Bay City, as aforesaid, shall be kept and retained in the office of the clerk of such court at Detroit, in said district, except when actually in use by or before such court, and except when otherwise ordered by such court or a judge thereof. Each of said courts is authorized and required to make all such rules and regulations relative to the summoning of grand and petit jurors to attend upon the sessions of such court at Bay City, and relative to matters of practice therein, that may from time to time be deemed necessary.

Rooms at Bay

SEC. 3. That the marshal of said district, under the direction of the district judge thereof, is hereby authorized and required to rent and City. suitably furnish rooms at Bay City for the holding of said courts, and for the use of the jurors and officers thereof.

Approved, February 28, 1887.

Feb. 28, 1887.

CHAP. 270.-An act to authorize the Commissioners of the District of Columbia to permit the temporary occupation of streets by a railway for the purpose of transporting material to fill about the base of the Washington Monument.

Be it enacted by the Senate and House of Representatives of the United Commissioners States of America in Congress assembled, That the Commissioners of the D. C. to permit lay- District of Columbia are hereby authorized to issue permit for the laying ing of track to be used in filling base of a temporary railway track in such streets or avenues as in their judg of Washington ment shall best subserve the purpose and interfere least with the public use of the same, to such persons as shall be awarded the contract to fill about the base of the Washington Monument, in pursuance of the advertisment of the officer in charge of the construction and under the Laws 1st session provisions of the act of August fourth, eighteen hundred and eighty-six, 49th Congress, p. making appropriation for that work.

Monument.

245.

Approved, February 28, 1887.

Feb. 28, 1887.

Missouri.

Eastern judicial

district.

R. S., sec. 540, p. 91.

Vol. 20, pp. 35,

CHAP. 271.-An act to amend the act dividing the State of Missouri into two judicial districts, and to divide the eastern and western districts thereof into divisions, establish district and circuit courts of the United States therein, and provide for the times and places for holding such courts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the city of Saint Louis and the following-named counties in the State of Missouri shall constitute the eastern judicial district of Missouri, to wit: Saint Louis, Franklin, Gasconade, Jefferson, Crawford, Washington, Saint Francois, Saint Genevieve, Dent, Iron, Madison, Perry, Bollinger, Cape Girardeau, Shannon, Reynolds, Wayne, Scott, Carter, Oregon, Ripley, Butler, Stoddard, New Madrid, Mississippi, Dunklin, Pemiscot, Montgomery, Lincoln, Warren, Saint Charles, Macon, Adair, Audrain, Clarke, Knox, Lewis, Marion, Monroe, Pike, Ralls, Schuyler, Scotland, Shelly and Western judicial Randolph. And all the other counties in the State of Missouri shall constitute the western judicial district of Missouri.

263.

district.

Division of eastern district.

Eastern division.

Courts.

ion.

SEC. 2. That the eastern judicial district of Missouri is hereby divided into two divisions, which shall be known respectively as the northern and eastern divisions of said eastern district. The city of Saint Louis and the counties of Saint Louis, Franklin, Gasconade, Jefferson Crawford Washington, Saint Francois, Sainte Genevieve, Dent, Iron, Madison, Perry, Bollinger, Cape Girardeau, Shannon, Reynolds, Wayne, Scott, Carter, Oregon, Ripley, Butler, Stoddard, New Madrid, Mississippi, Dunklin, Pemiscot, Montgomery, Lincoln, Warren, and Saint Charles shall constitute the eastern division of said district, the courts for which are now established and held and shall be continued at the city of Northern divis Saint Louis. The remaining counties within the eastern district shall constitute the northern division of said district, and the courts thereCourts. for shall be held at the city of Hannibal. The western judicial disDivision of west-trict of Missouri shall be divided into four divisions to be known as the ern district. Saint Joseph, the western, the central, and the southern divisions. The Western divi- counties of Clay, Ray, Carroll, Chariton, Sullivan, Jackson, La Fayette, Saline, Cass, Johnson, Bates, Henry, Vernon, Putnam, Caldwell, Livingston, Grundy, Mercer, Linn, Barton, Jasper, and Saint Clair Courts. shall constitute the western division, the courts circuit and district for Saint Joseph di- which shall be continued at the city of Kansas. The counties of vision. Atchison, Nodaway, Holt, Andrew, Buchanan, Platte, Clinton, Harrison, Daviess, De Kalb, Gentry, and Worth shall constitute the Saint Joseph Courts. division and the courts therefor shall be held at the city of Saint Joseph. Southern divi- The counties of Cedar, Polk, Dallas, Laclede, Pulaski, Dade, Greene, Webster, Wright, Texas, Lawrence, Christian, Douglas, Howell, Newton, Barry, McDonald, Stone, Taney, and Ozark shall constitute the southern division of said western district, the courts for which shall be held at the city of Springfield. The remaining counties within

sion.

sion.

Courts.

the said western district shall constitute the central division of said district, and the courts circuit and district therefor shall be continued and held at Jefferson City.

Central division.
Courts.

Courts establish

Terms.

R. S., secs. 572,

SEC. 3. That there shall be and there are hereby established a district and circuit court of the United States in each of the several divis- ed. ions of the said eastern and western districts herein created, except the southern division of the western district in which a district court shail be and is hereby created. That in each division there shall be held two terms of the district and circuit courts in each and every year except said southern division of the western district in which there shall be held two terms of the district court in each and every year. The times of holding said terms of court in the city of Saint Lonis, the city of Kansas and the city of Jefferson shall be held at the times now p. 100; 658, p. 121. established by law, and in the other divisions herein named the times of holding said terms of court shall be at the city of Hannibal on the first Mondays in May and November; at the city of St Joseph on the first Mondays in April and October; at the city of Springfield on the first Mondays in February and August. That the counties of Cedar, Polk, Greene, Dade, Lawrence, Newton, McDonald, Barry and Stone of the of circuit courts, southern division of the western district aforesaid, be and they are western district. western division, hereby attached to the western division of the western district for circuit court purposes as to all civil causes and proceedings and that all other counties in said southern division of the western district be, and they are hereby, attached to the central division of the western district for circuit court purposes as to all civil causes and proceedings. The district judges for the eastern and western districts of Missouri, each in the divisions of his proper district, and the circuit judge of the United States for the eighth judicial circuit, are hereby required to hold the courts aforesaid. Juries shall be summoned for the courts hereby created as now provided by law for the summoning of juries in the said districts. And whenever the circuit and district courts in either of said districts or divisions shall be held at the same time and place, jurors shall not be summoned for each of said courts, but for both said courts, and they shall act accordingly as grand and petit jurors for both said

courts.

Juries.

Jurisdiction.

Transfers.

SEC. 4. That hereafter all suits to be brought in the courts of the United States in Missouri, not of a local nature, shall be brought in the division having jurisdiction over the county where the defendants, or either of them reside; but if there be more than one defendant, and a part of them reside in different divisions or districts of said State, the plaintiff may sue in either division of either district where one of such defendants resides, and send duplicate writs to the other division or district directed to the marshal of said district, on which said writs shall be indorsed, by the plaintiff or his attorney, that the same is a duplicate of the original writ sued out of the court of the proper divis ion and district. Any cause may, by the written consent of both par. ties or their attorneys of record, be transferred to the court of either division or district, without regard to the residence of the defendants, and whether such cause be now pending or be instituted hereafter. All civil causes now pending in any of the courts in said eastern or western district, or any division thereof, against parties residing in some other division hereby created, may remain and be finally disposed of in the court in which they are now pending, respectively, unless the defendants therein shall desire to have the same transferred to the appropriate court of the division in which they reside, in which last event such transfer shall be applied for to the court of the division in which the cause is pending; and when a cause shall be ordered to be transferred, as above provided, to a court in any other division, it shall be the duty pers, transcripts, of the clerk of the court from which the transfer is made to carefully transmit to the clerk of the court to which the transfer is made the entire file of papers of the cause, and all documents and deposits in his court pertaining thereto, together with a certified transcript of the

Pending causes.

Transmitting pa

etc.

Clerks.

trict attorneys.

record of all orders; interlocutory decrees, or other entries in the cause; and he shall also certify under seal of the court, that the papers sent are all which are on file in said court belonging to the cause, for the performance of which duties said clerk so transmitting and certifying shall receive the same fees as now allowed by law for similar services, to be taxed in the bill of costs and regularly collected with the other costs of the cause; and such transcript, when so certified and received, shall thence forth constitute a part of the record of the cause in the court to which the transfer shall be made.

SEC. 5. That there shall be appointed a clerk for each of said courts at Hannibal, Saint Joseph, City of Kansas and Springfield, and each clerk shall be a resident of the division in which the court of which he is clerk is held; he shall keep an office, and the records, files and documents pertaining to the court of his division, and he shall discharge Marshals and dis- all the duties and receive the fees required or allowed by law. And the marshals and the district attorneys for the said eastern and western judicial district shall be the marshal and attorney, respectively, for the divisions for their respective district, and shall be allowed the same fees and be subject to the same duties and liabilities as may be provided by law; that process issuing out of the courts of either division of said districts shall be directed to the marshal of the district in which the division is located, and may be executed by him or his deputies upon the party or parties against whom issued wherever found within his district; and the marshal of each district shall keep an office and at least one general deputy residing at the place of holding courts in each division, excepting the division in which he may himself reside.

Process.

Transfers may be SEC. 6. That all civil causes and proceedings in law, equity, or bankmade in vacation ruptcy now pending in any district or circuit court of the United States or term-time. in the State of Missouri, where all the defendants (or plaintiffs, where the jurisdiction is derived from the residence of the plaintiffs) shall reside in either of the divisions in which courts are hereby established, may in the discretion of the court be transferred to the court of the division in which the defendants (or plaintiffs, where the jurisdiction is derived from their residence) reside, and the transfer may be made in vacation or in term-time. If made in vacation, an affidavit of all the parties defendant that they are resident in said division shall be filed, and ten days notice of the purpose and time of hearing of said motion shall be given the opposite party or his attorney of record; but if made in term time, then on motion and affidavit only. And the said circuit and district courts for said divisions shall have the same powers and jurisdiction, with the same right to parties to prosecute appeals and writs of error thereupon, as now pertain to the district and circuit courts for said eastern and western judicial districts. All crimes and offenses heretofore committed within either of said districts shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed.

Crimes.

Courts at Saint Joseph.

SEC. 7. That before the judge shall hold the terms of courts at Saint Joseph he shall have satisfactory evidence that the county court of Buchanan county has provided and set apart for the use of said courts a court-room, clerk's office, marshal's office, and attorney's office, free of expense to the United States for rent therefor, to be used and occupied until the completion of the public building belonging to the United States Government now in process of construction at said city of Saint Joseph, at which time the courts shall be held and said offices estabCourts at Hanni- lished in said public building; and before the judge shall hold the terms of courts at Hannibal he shall have satisfactory evidence that the county court of Marion county has provided and set apart for the use of said courts a court-room, clerk's office, marshal's office, and attorney's office, free of expense to the United States for rent therefor, to be used and occupied until the completion of the public building belonging to the United States Government now in process of construction at said

bal.