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And the President is requested to revise the tariff of consular fees President to reand prescribe such rates as will make them conform, as nearly as may vise tariff of conbe, to the fees charged by other commercial nations for similar services. For salaries of the interpreters to the following consulates: at Shanghai, two thousand dollars, and at Tien-Tsin, Foochow, and Kanagawa, preters in China, at one thousand five hundred dollars each, six thousand five hundred Japan, and Siam.

dollars.

For salaries of the interpreters to the consulates at Hankow, Amoy, Canton, and Hong-Kong, at seven hundred and fifty dollars each, three thousand dollars.

Salaries of inter

For salaries of the interpreters to twelve other consulates in China, Japan, and Siam, at five hundred dollars each, six thousand dollars. For consular officers not citizens of the United States, three thousand of consular offidollars.

cers who are not citizens.

of marshals in Japan, China, Siam, and Turkey.

For salaries of the marshals for the consular courts in Japan and China, Siam, and Turkey, including loss by exchange, seven thousand dollars. For interpreters, guards, and other expenses at the consulates at at some other Constantinople, Smyrna, Cairo, Jerusalem, and Beirut, in the Turkish places. dominions, three thousand dollars.

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Consuls to make And it shall be the duty of consuls to make to the Secretary of State a quarterly statequarterly statement of exports from, and imports to, the different places ment of exports to which they are accredited, giving, as near as may be, the market and imports, with price of the various articles of exports and imports, the duty and port market price of archarges, if any, on articles imported and exported, together with such ticles, &c. general information as they may be able to obtain as to how, where, and through what channels a market may be opened for American products 155. and manufactures.

R. S., § 1712. 1878, June 4, ch.

agents to transmit

In addition to the duties now imposed by law, it shall be the duty of Commercial consuls and commercial agents of the United States, annually, to pro- information as to cure and transmit to the Department of State, as far as practicable, in- rates of wages. formation respecting the rate of wages paid for skilled and unskilled labor within their respective jurisdictions.

For salaries and expenses of the United States and Spanish ClaimsCommission, namely: For commissioner, three thousand dollars; for counsel, three thousand dollars; for secretary, nine hundred dollars; for messenger, three hundred dollars;

Salaries of Spanish Claims Commission.

Salaries here provided to be in full after July 1, 1879, and repeal of laws

And the salaries provided in this act for the officers within named respectively shall be in full for the annual salaries thereof from and after the first day of July, eighteen hundred and seventy-nine; and all laws and parts of laws in conflict with the provisions of this act are hereby in conflict thererepealed. [January 27, 1879.]

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with.

CHAPTER 30.

AN ACT DEFINING THE MANNER IN WHICH CERTAIN LAND-SCRIP MAY BE ASSIGNED AND
LOCATED, OR APPLIED BY ACTUAL SETTLERS, AND PROVIDING FOR THE ISSUE OF
PATENTS IN THE NAME OF THE LOCATOR OR HIS LEGAL REPRESENTATIVES

SECTION

Jan. 28, 1879.

20 Stat. L., 274.

SECTION

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[SECTION 1], That whenever, in cases prosecuted under the acts of Private land Congress of June twenty second, eighteen hundred and sixty, March claims in Florida, Louisiana, and second, eighteen hundred and sixty-seven, and the first section of the Missouri; when act of June tenth, eighteen hundred and seventy-two, providing for the recognized by Suadjustment of private land-claims in the States of Florida, Louisiana preme Court; cer,

issued.

tificates for, how and Missouri, the validity of the claim has been, or shall be hereafter, recognized by the Supreme Court of the United States, and the court (12 has decreed that the plaintiff or plaintiffs is or are entitled to enter a (14 certain number of acres upon the public lands of the United States, subject to private entry at one dollar and twenty-five cents per acre, or to (17 receive certificate of location for as much of the land the title to which

1860, ch. 188 Stat. L., 85). 1867, ch. 184 Stat. L., 544). 1872, ch. 421 Stat. L., 378).

Certificates may be subdivided.

has been established as has been disposed of by the United States, certificate of location shall be issued by the Commissioner of the General Land Office attested by the seal of said office, to be located as provided for in the sixth section of the aforesaid act of Congress of June twentysecond, eighteen hundred and sixty, or applied according to the provisions of the second section of this act;

And said certificate of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to - are assignable. be, assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the scrip in his own name.

-receivable for

SEC 2. That such scrip shall be received from actual settlers only in pre-emption and payment of pre-emption claims or in commutation of homestead claims, homestead claims. in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants.

-location, and patent for.

Provisions applicertificates under act of 1858, ch. 81 (11 Stat. L., 294).

SEC. 3. That the register of the proper land-office, upon any such certificate being located, shall issue, in the name of the party making the location, a certificate of entry, upon which, if it shall appear to the satisfaction of the Commissioner of the General Land Office that such certificate has been fairly obtained, according to the true intent and meaning of this act, a patent shall issue, as in other cases, in the name of the locator or his legal representative.

SEC 4. That the provisions of this act respecting the assignment and patenting of scrip and its application to pre-emption and homestead claims shall apply to the indemnity-certificates of location provided for by the act of the second of June, eighteen hundred and fifty-eight, entitled "An act to provide for the location of certain confirmed private land-claims in the State of Missouri, and for other purposes." [January 28, 1879.]

CHAPTER 34.

Jan. 29, 1879. 20 Stat. L., 276.

AN ACT TO REPEAL SECTION TWELVE HUNDRED AND THIRTY-THREE OF THE REVISED
STATUTES RELATING TO COMPANY COOKS IN THE ARMY.

Detail of company cooks in Army abolished.

Detail of com- Be it enacted, &c., That section twelve hundred and thirty-three of the pany cooks in Army Revised Statutes be, and the same is hereby, repealed. [January 29, abolished; repealing R. S., 1233. 1879.]

CHAPTER 36.

AN ACT SUBJECTING THE FORT WAYNE MILITARY RESERVATION IN THE STATE OF
ARKANSAS TO ENTRY AS OTHER PUBLIC LANDS IN SAID STATE.

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SECTION

1. Lands of Fort Wayne reservation subject to
entry, &c.

SECTION

2. Instructions to be issued by Commissioner.

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Wayne reservation

[SECTION 1], That all the lands embracedi n the Fort Wayne military subject to entry, reservation in the State of Arkansas be, and the same are hereby, R. S., §§ 2257- opened and made subject to entry as other public lands in said State

&c.

2394.

under existing laws:

Provided, That all persons owning improvements on said reservation at the time of the passage of this act shall have a prior right to enter the same at any time within six months after this act goes into effect.

Instructions to

SEC. 2. That the Commissioner of the General Land Office be, and hereby is, authorized to issue the instructions necessary to carry the be issued by Comprovisions of this act into effect. [January 30, 1879.]

missioner.

CHAPTER 38.

AN ACT TO AMEND SECTION NINE HUNDRED AND NINETY-THREE OF THE REVISED
STATUTES OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, SO AS TO
MAKE THE TWENTY-SECOND DAY OF FEBRUARY A HOLIDAY WITHIN SAID DISTRICT.

In District of Columbia, the 22d of February made Other holidays. a holiday.

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Be it enacted, &c., That section nine hundred and ninety-three (1) of In District of Cothe Revised Statutes of the United States relating to the District of lumbia the 22d of Columbia be, and the same hereby is, amended by adding to the days February to be a holiday. therein declared to be holidays within the District the twenty-second R. S. of Dist. day of February; and such day shall be a holiday for all the purposes Col., § 993. mentioned in said section: Provided, That this act shall not apply to the 1880, Res., April twenty-second day of February, eighteen hundred and seventy-nine. [January 31, 1879.]

NOTE.-(1) The section of the Revised Statutes of the District of Columbia, here referred to, is as
follows:
SEC. 993. The following days, namely: The first day of January, commonly called New Year's day;
the fourth day of July; the twenty-fifth day of December, commonly called Christmas day; and any
day appointed or recommended by the President of the United States as a day of public fast or thanks
giving, shall be holidays within the District, 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.

Other holidays; New Year's Day, Fourth of July, Christmas, Public Fast and Thanksgiving Day.

CHAPTER 39.

AN ACT TO AMEND THE REVISED STATUTES OF THE UNITED STATES RELATING TO THE
RECORDS AND FILES OF DISTRICT AND CIRCUIT COURTS OF THE UNITED STATES
LOST OR DESTROYED.

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[SECTION 1], That section nine hundred and two of the Revised Statutes of the United States is hereby amended so as to read as follows:

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In proceedings to restore lost or destroyed records

Substitute for
R. S., § 902.

In any proceedings in conformity with law to restore the records of of courts; notice, any court of the United States which have been or may be hereafter lost how served on nonor destroyed, the notice required may be served on any non-resident of residents. the district in which such court is held anywhere within the jurisdiction of the United States, or in any foreign country; the proof of service of such notice, if made in a foreign country, to be certified by a minister or consul of the United States in such country, under his official seal. SEC. 2. That section nine hundred and three of said Revised Statutes -certified copies is hereby amended so as to read as follows: of official papers partment may be

A certified copy of the official return, or any other official paper of the on file in any DeUnited States attorney, marshal, or clerk, or other certifying or record- filed in court and

where United

have same force as ing officer of any court of the United States, made in pursuance of law, original in cases and on file in any department of the government, relating to any cause States are parties, or matter to which the United States was a party in any such court, the and judgment, &c., record of which has been or may be lost or destroyed, may be filed in ray issue thereon. the court to which it appertains, and shall have the same force and effect Substitute for as if it were an original report, return, paper, or other document made R. S., § 903. to or filed in such court;

- force and effect

of papers restored or supplied in all cases of lost records.

R. S., § 903.

In cases in which

And in any case in which the names of the parties and the date and amount of judgment or decree shall appear from such return, paper, or document, it shall be lawful for the court in which they are filed to issue the proper process to enforce such decree or judgment, in the same manner as if the original record remained in said court.

And in all cases where any of the files, papers, or records of any court of the United States have been or shall be lost or destroyed, the files, records, and papers which, pursuant to law, may have been or may be restored or supplied in place of such records, files, and papers, shall have the same force and effect, to all intents and purposes, as the originals thereof would have been entitled to.

SEC. 3. That section nine hundred and four of said Revised Statutes be

the United States amended so as to read as follows:
are interested,
steps to be taken

That whenever any of the records or files in which the United States by judges, district are interested of any court of the United States have been or may be attorneys, and lost or destroyed, it shall be the duty of the attorney of the United clerks for restora States for the district or court to which such files and records belong, tion of lost records. Substitute for so far as the judges of such courts respectively shall deem it essential to R. S., § 904. the interests of the United States that such records and files to be restored or supplied, to take such steps, under the direction of said judges, as may be necessary to effect such restoration or substitution, including such dockets, indices, and other books and papers as said judges shall think proper.

compensation of

neys.

Said judges may direct the performance, by the clerks of said courts respectively and by the United States attorneys, of any duties incident thereto;

And said clerks and attorneys shall be allowed such compensation for clerks and attor- services in the matter and for lawful disbursements as may be approved by the Attorney-General of the United States, upon a certificate by the judges of said courts stating that such claim for services and disbursements is just and reasonable; and the sum so allowed shall be paid out of the judiciary fund. [January 31, 1879.]

Feb. 3, 1879.

20 Stat. L., 278.

be taken before

CHAPTER 40.

AN ACT TO PROVIDE FOR TAKING TESTIMONY, TO BE USED BEFORE CONGRESS, IN CASES
OF PRIVATE CLAIMS AGAINST THE UNITED STATES.

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Testimony in [SECTION 1], That any committee of either house of Congress before private claims be- which any private claim against the United States may at any time be fore Congress may pending, being first thereto authorized by the House appointing them, masters in chan- may order testimony to be taken, and books and papers to be examined, and copies thereof, proved, before any standing master in chancery of the circuit of the United States within the judicial district where such testimony or evidence is to be taken.

cely.

Such master in chancery, upon receiving a copy of the order of such Proceedings becommittee, signed by its chairman, setting forth the time and place when fore master. and where such examination is to be had, the questions to be investigated, and, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and documents to be proved, if known, shall proceed to give to such private parties reasonable notice of the time and place of such examination, unless such notice shall have been or shall be given by such committee or its chairman, or by the attorney or agent of the United States, or waived by such private party.

And such master shall issue subpœnas for such witnesses as may have been named in the order of such committee, and such others as the agent or other representative of the United States hereinafter mentioned shall request.

And he shall also issue subpœnas at the request of such private party, or parties, for such witnesses within such judicial district as they may desire:

United States

Provided, That the United States shall not be liable for the fees of any officer for serving any subpoena for any private party, nor for the not liable for fees. fees of any witness on behalf of such party.

Committee may

Said committee may inform the district attorney of the United States for the district where the testimony is to be taken of the time, place, and direct district atobject of such examination, and request his attendance in behalf of the torney or appoint an agent or one of government in conducting such examination, in which case it shall be its own members his duty to attend in person, or by an assistant employed by him, to to attend examinaconduct such examination on the part of the United States, or such committee may, at its option, appoint an agent or attorney, or one of its own members, for that purpose, as they may deem best; and in that event, if the committee shall not be unanimous, the minority of the committee may also appoint such agent or attorney or member of such committee to attend and take part in such examination.

SEC. 2. It shall be the duty of the marshal of the United States for the district in which the testimony is to be taken to serve, or cause to be served, all subpenas issued in behalf of the United States under this act, in the same manner as if issued by the circuit court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties.

And the said master may, in his discretion, appoint any other person to serve any subpena.

Such master shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses and the production of books, papers and documents, as the circuit or district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the house of Congress appointing such committee. The compensation of such master in chancery, and of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the circuit court of the United States;

And the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such circuit courts;

Subpoenas to be served by marshal or by person ap. pointed by master.

Master's powers.

Compensation of masters, marshals,

and witnesses. R. S., § 848.

14 Ct, Cls., 539.

And all such fees and compensation of officers and witnesses on behalf Expenses, how of the United States, and other expenses of all investigations which paid. may be had under the provisions of this act on the part of the United States, shall be paid out of the contingent fund of the branch of Congress appointing such committee.

Master to make

Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate set- return of proceedting forth or referring to the authority by which they were taken, any ings to committee. notices he may have given, the names of the witnesses for whom subpœnas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on be

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