claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Secretary to cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judg ment with all reasonable dispatch. Balance, how And if in such action judgment shall be rendered against the United paid when claim- States, or the amount recovered for debt and costs shall be less than ant obtains judg the amount so withheld as before provided, the balance shall then be ment against United States. paid over to such plaintiff by such Secretary with six per cent interest, thereon for the time it has been withheld from the plaintiff. [March 3, 1875.] CHAPTER 150. March 3, 1875. 18 Stat. L., 481. East Pascagoula, AN ACT TO MAKE EAST PASCAGOULA, IN THE STATE OF MISSISSIPPI, A PORT OF DE- East Pascagoula, Miss., to be port of delivery. Be it enacted, &c., That from and after the passage of this act East Miss., to be port Pascagoula, in the State of Mississippi, in the district of Pearl River, R. S., § 2566, par. shall be a port of delivery for said district. [March 3, 1875.] of delivery. 1. CHAPTER 151. Cutting or injuring, unlawfully, trees on lands of AN ACT TO PROTECT ORNAMENTAL AND OTHER TREES ON GOVERNMENT RESERVA- SECTION 1. Cutting or injuring, unlawfully, trees on lands 2. Breaking fences, walls, &c., inclosing lands 3. Breaking fences and driving cattle, &c., or Be it enacted, &c. SECTION Act not to apply to lands unsurveyed, or subject to pre-emption or homestead, or to mining lands. [SECTION 1], That if any person or persons shall knowingly and unlawfully cut, or shall knowingly aid, assist, or be employed in unlawfully cutting, or shall wantonly destroy or injure, or procure to be wantonly destroyed or injured, any timber-tree or any shade or ornamental tree, or any other kind of tree, standing, growing, or being upon any land of the United States, which, in pursuance of law, have been reserved, or which have been purchased by the United States for any public use, every such person or persons so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such offense, pay a fine not exceeding five hundred dollars, or shall be imprisoned not exceeding twelve months. Breaking fences, SEC. 2. That if any person or persons shall knowingly and unlawfully walls, &c., inclos- break or destroy any fence, wall, hedge, or gate inclosing any lands of ing lands of United the United States, which have, in pursuance of any law, been reserved States; how punished. or purchased by the United States for any public use, every such person so offending, on conviction, shall, for every such offense, pay a fine not exceeding two hundred dollars, or be imprisoned not exceeding six months. Breaking fences SEC. 3. That if any person or persons shall knowingly and unlawfully and driving cattle, break, open, or destroy any gate, fence, hedge, or wall inclosing any &c., or permitting cattle to enter on lands of the United States, reserved or purchased as aforesaid, and shall lands of United drive any cattle, horses, or hogs upon the lands aforesaid for the purpose States; how pun- of destroying the grass or trees on the said grounds, or where they may ished. destroy the said grass or trees, or if any such person or persons shall knowingly permit his or their cattle, horses, or hogs to enter through any of said inclosures upon the lands of the United States aforesaid, where the said cattle, horses, or hogs may or can destroy the grass or trees or other property of the United States on the said land, every such person or persons so offending, on conviction, shall pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding twelve months: Provided, That nothing in this act shall be construed to apply to un- Act not to apply surveyed public lands and to public lands subject to pre-emption and to lands unsurhomestead laws, or to public lands subject to an act to promote the de- veyed, or subject to pre-emption or velopment of the mining resources of the United States, approved May homestead, or to tenth, eighteen hundred and seventy-two. (1) [March 3, 1875.] mining lands. R. Š., §§ 2257NOTE.-(1) The act of 1872, ch. 152 (17 Stat. L., 91), is incorporated into Revised Statutes, §§ 2318-2337. 2288, 2289-2317, 2318-2337. CHAPTER 152. AN ACT GRANTING TO RAILROADS THE RIGHT OF WAY THROUGH THE PUBLIC LANDS OF THE UNITED STATES. March 3, 1875. 18 Stat. L., 482. [SECTION 1], That the right of way through the public lands of the Right of way United States is hereby granted to any railroad company duly organ- through public ized under the laws of any State or Territory, except the District of Co. lands, materials, station-grounds, lumbia, or by the Congress of the United States, which shall have filed &c., granted to with the Secretary of the Interior a copy of its articles of incorporation, railroads. and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; Also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; Also ground adjacent to such right of way for station-buildings, depots, machine shops, side-tracks, turn-outs, and water-stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. R. S., §§ 52565262. SEC. 2. That any railroad company whose right of way, or whose Rights of several track or road-bed upon such right of way, passes through any canyon, roads through capass, or defile, shall not prevent any other railroad company from the non, pass, or defile, and crossing other use and occupancy of the said canyon, pass, or defile, for the purposes roads at grade. of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; And where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. Wagon roads and highways; how affected. Private lands SEC. 3. That the legislature of the proper Territory may provide for and possessory the manner in which private lands and possessory claims on the public claims; how condemned. lands of the United States may be condemned; and where such pro1862, ch. 120, (12 vision shall not have been made, such condemnation may be made in Stat. L., 489). accordance with section three of the act entitled (1) "An act to aid in 1864, ch. 216, 3 the construction of a railroad and telegraph line from the Missouri River (13 Stat. L., 357). to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four. Profile of road SEC. 4. That any railroad company desiring to secure the benefits of claiming benefits, this act, shall, within twelve months after the location of any section when to be filed, and lands to be of twenty miles of its road, if the same be upon surveyed lands, and, if sold subject to upon unsurveyed lands, within twelve months after the survey thereof right of way. by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed road is not com- within five years after the location of said section, the rights herein pleted in five years after location, granted shall be forfeited as to any such uncompleted section of said how forfeited. road. Section on which Act not to apply tions, &c. SEC. 5. That this act shall not apply to any lands within the limits to lands in reserva- of any military, park, or Indian reservation, or other lands especially reserved from sale, unless such right of way shall be provided for by treaty-stipulation or by act of Congress heretofore passed. -may be altered by Congress. SEC. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof. [March 3, 1875.] NOTE. (1) The true title of the act here referred to is "An Act to amend"-the rest as in the text. March 3, 1875. 18 Stat. L., 483. Compensation of ambassadors, en CHAPTER 153. AN ACT TO AMEND SECTIONS ONE THOUSAND SIX HUNDRED AND SEVENTY-FIVE, ONE Par. 1. Compensation of ambassadors, envoys, of minsters resident and commissioners. Be it enacted, &c. [Par. 1.] That section one thousand six hundred and seventy-five of voys, ministers the Revised Statutes be amended so as to read as follows: (1) plenipotentiary; substitute for. R. S., § 1675. 1878, June 4, ch. 155. "SEC. 1675. Ambassadors and envoys extraordinary and ministers plenipotentiary shall be entitled to compensation at the rates following, per annum, namely: "Those to France, Germany, Great Britain, and Russia, each, seventeen thousand five hundred dollars. "Those to Austria, Brazil, China, Italy, Japan, Mexico, and Spain, each, twelve thousand dollars. "Those to all other countries, unless where a different compensation is prescribed by law, each, ten thousand dollars. "And, unless when otherwise provided by law, ministers resident and commissioners shall be entitled to compensation at the rate of seventyfive per centum, chargés d'affaires at rate of fifty per centum, and secretaries of legation at the rate fifteen per centum, of the amounts allowed NOTE. (1) This act has been incorporated into the second edition of the Revised Statutes in the proper sections. to ambassadors, envoys extraordinary, and ministers plenipotentiary to the said countries respectively; except that the secretary of legation to Japan shall be entitled to compensation at the rate of twenty-five hundred dollars per annum. "The second secretaries of the legations to France, Germany, and Great Britain shall be entitled to compensation at the rate of two thousand dollars each per annum." [Par. 2.] That section one thousand six hundred and seventy-six of the said Revised Statutes be amended so as to read as follows: (1) (Sup.) ["The agent and consul-general at Cairo shall be entitled to compensation at the rate of three thousand five hundred dollars per annum."] [Par. 3.] That section one thousand six hundred and eighty one be amended so as to read as follows: "The minister resident to Uruguay, when also accredited to Paraguay, shall be entitled to compensation at the rate of ten thousand dollars per annum." [Par. 4.] That the following be added to section one thousand six of minister resi hundred and eighty-two: (1) "And he shall receive compensation at the rate of ten thousand dollars per annum." [March 3, 1875.] dent to Guatema la, Costa Rica, &c. R. S., § 1682. NOTE.-(1) This act has been incorporated into the second edition of the Revised Statutes in the 155. proper sections. CHAPTER 154. AN ACT TO AMEND SECTION NUMBERED THREE THOUSAND THREE HUNDRED AND Brewers' stamps, how procured, affixed, and can- Penalty for neglect by brewers. celed. Be it enacted, &c., That section numbered three thousand three hundred and forty-two of the Revised Statutes be amended so as to read as follows: (1) March 3, 1875. 18 Stat. L., 484. Brewers' stamps, how procured, affixed, and canceled. R. S., § 3342. That every brewer shall obtain, from the collector of the district in which his brewery or brewery-warehouse is situated, and not otherwise unless such collector shall fail to furnish the same upon application to him, the proper stamps, and shall affix, upon the spigot-hole in the head of every hogshead, barrel, keg, or other receptacle in which any fermented liquor is contained, when sold or removed from such brewery or warehouse, (except in case of removal under permit, as hereinafter provided,) a stamp denoting the amount of the tax required upon such fermented liquor, which stamp shall be destroyed by driving through the same the faucet through which the liquor is to be withdrawn, or an air-faucet of equal size, at the time the vessel is tapped, in case the vessel is tapped through the other spigot-hole, (of which there shall be but two, one in the head and one in the side,) and shall, also, at the time of affixing such stamp, cancel the same by writing or imprinting thereon the name of the person, firm, or corporation by whom such liquor was made, or the initial letters thereof, and the date when canceled. Every brewer who refuses or neglects to affix and cancel the stamps required by law in the manner aforesaid, or who affixes a false or fraud- lect by brewers. ulent stamp thereto, or knowingly permits the same to be done, shall pay a penalty of one hundred dollars for each barrel or package on which such omission or fraud occurs, and be imprisoned not more than one year. [March 3, 1875.] NOTE.-(1) This act is incorporated in § 3342 of the second edition of the Revised Statutes. Penalty for neg CHAPTER 155. March 3, 1875. 18 Stat. L., 484. In Navy, pettyofficers and men to be sent home at expiration of enlistment, unless de tute for. R. S., § 1422. AN ACT TO AMEND SECTION FOURTEEN HUNDRED AND TWENTY-TWO OF THE REVISED THE NAVY. (1) In Navy, petty-officers and men sent home at ex- -persons enlisted out of United States, how dis- Persons sent home are subject to regulations, &c. Be it enacted, &c., That section fourteen hundred and twenty-two of the Revised Statutes of the United States be amended to read as follows: (1) SEC. 1422. That it shall be the duty of the commanding officer of any tained for public fleet, squadron, or vessel acting singly, when on service, to send to an interest; substi- Atlantic or to a Pacific port of the United States, as their enlistment may have occurred on either the Atlantic or Pacific coast of the United States, in some public or other vessel, all petty-officers and persons of inferior ratings desiring to go there at the expiration of their terms of enlistment, or as soon thereafter as may be, unless, in his opinion, the detention of such persons for a longer period should be essential to the public interests, in which case he may detain them, or any of them, until the vessel to which they belong shall return to such Atlantic or Pacific port. -persons enlisted out of United States, how discharged, &c. -persons sent home are subject to regulations, &c. All persons enlisted without the limits of the United States may be discharged, on the expiration of their enlistment, either in a foreign port or in a port of the United States, or they may be detained as above provided beyond the term of their enlistment; And that all persons sent home, or detained by a commanding officer, according to the provisions of this act, shall be subject in all respects to the laws and regulations for the government of the Navy until their return to an Atlantic or Pacific port and their regular discharge; And all persons so detained by such officer, or re-entering to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, shall in no case be held in service more than thirty days after their arrival in said port; and that all persons who shall be so detained beyond their terms of enlistment or who shall, after the termination of their enlistment, voluntarily re-enter to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, and their regular discharge therefrom, shall receive for the time during which they are so detained, or shall so serve beyond their original terms of enlistment, an addition of one-fourth of their former pay; Provided, That the shipping-articles shall hereafter contain the substance of this section. [March 3, 1875.] NOTE. (1) This act is incorporated into § 1422 of the second edition of the Revised Statutes. March 3, 1875. 18 Stat. L., 485. Hospital dues to be collected of masters, &c., of CHAPTER 156. AN ACT TO PROMOTE ECONOMY AND EFFICIENCY IN THE MARINE-HOSPITAL SERVICE. [SECTION 1], That the Secretary of the Treasury shall cause to be registered,' en- prepared a schedule of the average number of seamen required in the |