That every soldier of the Union Army, or petty-officer, seaman, or marine in the naval service, who was ruptured while in the line of duty during the late war for the suppression of the rebellion, or who shall be so ruptured thereafter in any war, shall be entitled to receive a single or double truss of such style as may be designated by the SurgeonGeneral of the United States Army as best suited for such disability; And whenever the said truss or trusses so furnished shall become useless from wear, destruction, or loss, such soldier, petty-officer, seaman, or marine shall be supplied with another truss on making a like application as provided for in section two (2) of the original act of which this is an amendment: Provided, That such application shall not be made more than once in two years and six months; And provided further, That sections two and three (2) of the said act of May twenty-eighth, eighteen hundred and seventy-two, shall be construed so as to apply to petty-officers, seamen, and marines of the naval service, as well as to soldiers of the Army. [March 3, 1879.] NOTE. (2) These two sections, here referred to, are the same as R. S., §§ 1177, 1178. Trusses: application for and purchase of; how made. Substitute for R. S., § 1177, 1178. CHAPTER 174. AN ACT TO VALIDATE AND CONFIRM CERTAIN ACKNOWLEDGMENTS OF DEEDS AND March 3, 1879. 20 Stat. L., 353. Be it enacted, &c., That all acknowledgments of deeds and other instru- Certain acknowlments of writing under seal heretofore made in a foreign country, before edgments of deeds, &c., for District of any secretary of legation, consul, or consular officer of the United States, Columbia taken in for lands lying in the District of Columbia, are hereby validated and foreign countries confirmed, and the same, and the records of the said deeds and instru- made valid. ments, if the said deeds and instruments have been recorded, are declared to be as good and effectual, in behalf of the grantees therein named, and all persons claiming through or under them, as if the said acknowledgments and records had been respectively made and recorded under the provisions of existing laws: Provided, That nothing in this act shall be construed [to] divest just rights already acquired in good faith by creditors of or purchasers from the grantors in such deeds or instruments. [March 3, 1879.] CHAPTER 176. AN ACT [AN ACT] TO GIVE CIRCUIT COURTS APPELLATE JURISDICTION IN CERTAIN SECTION CRIMINAL CASES. 1. Circuit courts to have jurisdiction of writs of error to district courts in criminal cases. -on exceptions to be allowed by judge. 2. writs of error, when and how presented, and when to stay proceedings. Be it enacted, &c. March 3, 1879. 20 Stat. L., 354. of writs of error to [SECTION 1], The circuit court for each judicial district shall have Circuit courts to jurisdiction of writs of error in all criminal cases tried before the district have jurisdiction court where the sentence is imprisonment or fine and imprisonment, or district courts in where, if a fine only, the fine shall exceed the sum of three hundred dol- criminal cases. lars; and in such case a respondent feeling himself aggrieved by a de- R. S., § 633. cision of a district court, may except to the opinion of the court, and tender his bill of exceptions, which, shall be settled and allowed accord-on exceptions to ing to the truth, and signed by the judge, and it shall be a part of the be allowed by record of the case. judge. In circuit courts: SEC. 2. Within one year next after the end of the term at which such writs of error; sentence shall be pronounced, and not after, the respondent may petiwhen and how pre- tion for a writ of error from the judgment of the district court in the to operate to stay cases named in the preceding section, which petition shall be presented proceedings. sented, and when 100 U.S., 342. -judge to require bond. -bail in case of to the circuit judge or circuit justice in term or vacation, who, on consideration of the importance and difficulty of the questions presented in the record, may allow such writ of error, and may order that such writ shall operate as a stay of proceedings under the sentence; but the allowance of such writ shall not so operate without such order. The judge or justice allowing such writ of error shall take a bond with sufficient sureties that the same shall be prosecuted to effect, and that the respondent shall abide the judgment of the circuit court thereon. And if the writ shall be allowed to operate as a stay of proceedings stay of proceed- under the sentence, bail may in like manner be taken for the appearings. ance of the respondent at the term of the circuit court to which such writ of error shall be returnable, and that he will not depart without leave of court. when writ of able. SEC. 3. Such writ of error so allowed shall be returnable to the next error to be return- regular term of the circuit court for the district, and shall be served on the district attorney of the United States for such district. -may be ad The circuit court may advance all such writs of error on its docket in vanced for speedy order that speedy justice may be done. trial. -proceedings in and of reversal. And in case of an affirmance of the judgment of the district court, case of affirmance the circuit court shall proceed to pronounce final sentence and to award execution thereon; but if such judgment shall be reversed, the circuit court may proceed with the trial of said cause de novo, or remand the same to the district court for further proceedings. [March 3, 1879.] March 3, 1879. 20 Stat. L., 355. Circuit and dis CHAPTER 177. AN ACT TO PROVIDE FOR THE HOLDING OF TERMS OF THE DISTRICT AND CIRCUIT SECTION 1. Circuit and district courts in Kansas to be Be it enacted, &c. SECTION 2. Marshal and district attorney to appoint deputies for same. 3. Building to be provided by county or city. [SECTION 1], That there shall be one term of the United States district courts in Kan- trict and circuit courts for the district of Kansas held in the city of Fort sas to be held at Scott in each year, the terms of said courts to be held on the second ond Monday in Monday of January from and after the passage of this act. Fort Scott on sec January for trial But no cause, action, or proceeding shall be tried or considered in the of cases by consent. courts respectively herein provided for unless by consent of all the parR. S., §§ 572, 658. ties thereto, or order of the court for cause. Marshal and dis trict attorney to for same. SEC. 2. That the clerk of the district court for the district of Kansas, appoint deputies the marshal and district attorney for said district, shall perform the duties pertaining to their offices respectively for said courts; and said clerk and marshal shall appoint a deputy to reside and keep their offices at Fort Scott, and who shall, in the absence of their principals, do and perform all the duties appertaining to their said offices respectively. Building to be SEC. 3. That each of said courts shall be held in a building to be provided by coun- provided for that purpose by the county or city authorities without exty or city, or no courts to be held pense to the United States. there. If no suitable building is provided without expense to the United States, then, and in that case, no court shall be held at said place. [March 3, 1879.] CHAPTER 180. AN ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST OFFICE DEPART- SECTION 1. Par. 1. Superintendent of Railway Mail Serv. Par. 2. Members of Congress, &c., may send Par. 5. Estimates for railway mail service. Par. 6. Certain postal employés required to wear no uniform except a badge. Par. 7. Postal cards, at two cents each, for foreign postal service. 3. On what trains, &c., mails shall be carried. 4. How postal cars shall be constructed. 5. Deductions of pay when railways fail to deliver mail on time. Repealed. 27. 28. 29. -in foreign mails free of duty, except, &c. circular defined. 19. Printed matter defined. Be it enacted, &c. [SECTION 1.] 30. 31. Commissions to postmasters on special stamps Regulations may be made for free-delivery Penalty for failing to account for postage, or for washing, selling, using, &c., canceled Letters, &c., on official business may be sent -except pension agents and some other offi. cers. New sureties for mail contracts may be re- Acting postmasters during vacancy of office 32. Letter-sheet envelopes. Double postal cards and double-letter envel opes. - but no royalty for patent thereon to be paid. 33. When act takes effect; repeal. March 3, 1879. 20 Stat. L., 355. Par. 1.] The Superintendent of Railway Mail Service and the Chief of Railway Mail of Special Agents shall be paid their actual expenses while travelling on the business of the department. * Superintendent Service and Chief of Special Agents to be allowed traveling expenses. Advertisements [Par. 2.] (1) That the Postmaster-General shall cause advertisements of all general mail-lettings of each State and Territory to be conspicuously of general mail-let posted up in each post-office in the State and Territory embraced in said ting76, July 12, ch. advertisements for at least sixty days before the time of such general 179, § 1. letting; and no other advertisement of such lettings shall be required; 1881, March 1, but this provision shall not apply to any other than general mail-lettings. ch. 96, § 1, par. 1. Post-route maps 1878, June 17, ch. [Par. 3.] For preparation and publication of post-route maps, including revision of former editions, and maps, diagrams, and other informa- may be sold at tion, thirty five thousand dollars; and the Postmaster-General may au- cost, &c. thorize the publication and sale of said maps to individuals at the cost 259, § 1, par. 2. thereof; the proceeds of said sales to be applied as a further appropriation for said purpose. [Par. 4.] That nothing contained in section thirty-nine hundred and eighty-two of the Revised Statutes shall be construed as prohibiting any person from receiving and delivering to the nearest post-office or postal car mail-matter properly stamped: Persons not prohibited from receiving and delivering mail-matter at nearest office, R. S., § 3982. Members of Con Provided further that from and after the passage of this act Senators, Representatives and Delegates in Congress, the Secretary of the Senate gress, Secretary of NOTE. (1) This provision is repeated in the act of 1881, March 1, ch. 96 (21 Stat. L., 376). Senate, and Clerk ments free until of House may send and Clerk of the House of Representatives, may send and receive through and receive by the mail free, all public documents printed by order of Congress; and mail public docu: the name of each Senator, Representative, Delegate, Secretary of the December after ex- Senate, and Clerk of the House shall be written thereon with the proper piration of term of designation of the office he holds, and the provisions of this section shall apply to each of the persons named herein until the first Monday of DeR. S., §§ 3896cember, following the expiration of their respective terms of office. 3913. 1874, ch. 456, § 13. 1875, ch. 128, § 3. 1875, March 3, ch. 128, § 3. 1877, March 3, ch. 103, § 7. 1877, Dec. 15, ch. 3, § 1. office. Estimates for railway mail serv ice: how to be made, &c. Prohibition of increase of postal * [Par. 5.] That hereafter, in making his estimates for railway mail service, the Postmaster General shall separate the estimate for postalcar service from the general estimates; and in case any increase or diminution of service by postal cars shall be made by him, the reasons therefor shall be given in his annual report next succeeding such increase or diminution. And the proviso to the act entitled "An act to provide for a deficiency in the appropriation for transportation of mails by railroads for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine", approved December twenty first, eighteen hundred and seventy eight, is hereby 10 (20 Stat. L., repealed: car service re- 259). ** Postal employés [Par. 6.] That postal clerks, route agents, and mail route messengers required to wear shall not be required to wear uniform other than a cap or badge. no uniform except a badge. R. S., § 3867. Postal cards at [Par. 7.] And the Postmaster-General is hereby authorized to furnish two cents each for and issue to the public postal cards with postage stamps impressed upon foreign postal serv- them, for circulation in the mails exchanged with foreign countries unice to be provided. der the provisions of the Universal Postal Union Convention of June first, eighteen hundred and seventy eight, at a postage charge of two cents each, including the cost of their manufacture. R. S., § 3916. On what trains, SEC. 3. The Postmaster General shall, in all cases, decide upon what &c., mails shall be trains and in what manner the mails shall be conveyed. carried. R. S., § 4000. How postal cars shall be construct ed. R. S., § 4005. Deductions of pay when railways fail to deliver mail on time. R. S., § 4002. 1878, June 17, ch. 259, § 1, par. 4. Repealed by 1880, June 11, ch. 206. Postmaster-Gen SEC. 4. That all cars or parts of cars used for the railway mail service shall be of such style, length, and character, and furnished in such manner, as shall be required by the Postmaster General, and shall be constructed, fitted up, maintained, heated, and lighted by and at the expense of the railroad companies. SEC. 5. (Rep.) [That the Postmaster General shall deduct from the pay of the railroad companies, for every failure to deliver a mail within its schedule time, not less than one half of the price of the trip, and where the trip is not performed, not less than the price of one trip, and not exceeding, in either case, the price of three trips: Provided, however, That if the failure is caused by a connecting road, then only the connecting road shall be fined. And where such failure is caused by unavoidable casualty, the Postmaster General, in his discretion, may remit the fine. And he may make deductions and impose fines for other delinquencies.] SEC. 6. That the Postinaster General shall request all railroad comeral may require panies transporting the mails to furnish, under seal, such data relating certain data of to the operating, receipts and expenditures of such roads as may, in his railways. judgment be deemed necessary to enable him to ascertain the cost of R. S., § 4002. mail transportation and the proper compensation to be paid for the same; And he shall, in his annual report to Congress, make such recommendations, founded on the information obtained under this section, as shall, in his opinion, be just and equitable. -to report to Congress. R. S., § 414. Classes of mail able matter. R. S., § 3875. SEC. 7. That mailable matter shall be divided into four classes: Second, periodical publications; Third, miscellaneous printed matter; Fourth, merchandise. TER. SEC. 8. Mailable matter of the first class shall embrace letters, postal FIRST-CLASS MATcards, and all matters wholly or partly in writing, except as hereinafter provided. SEC. 9. That on mailable matter of the first class, except postal cards and drop letters, postage shall be prepaid at the rate of three cents for each half ounce or fraction thereof; Postal cards shall be transmitted through the mails at a postage charge of one cent each, including the cost of manufacture; And drop letters shall be mailed at the rate of two cents per half ounce or fraction thereof, including delivery at letter carrier offices, and one cent for each half ounce or fraction thereof where free delivery by carrier is not established. Postage on firstclass matter. R. S., § 3903. on postal cards. R. S., § 3916. -on drop letters. R. S., § 3904. The Postmaster General may, however, provide, by regulation, foron soldiers', sailtransmitting unpaid and duly certified letters of soldiers, sailors, and ors', &c.; when marines in the service of the United States to their destination, to be may not be prepaid on delivery. SEC. 10. That mailable matter of the second class shall embrace all newspapers and other periodical publications which are issued at stated intervals, and as frequently as four times a year and are within the conditions named in section twelve and fourteen. paid. R. S., § 3902. SECOND - CLASS MATTER. R. S., § 3877. SEC. 11. Publications of the second class except as provided in section rates of postage twenty five, when sent by the publisher thereof, and from the office of on. R. S., §§ 3872, publication, including sample copies, or when sent from a news agency 3905. to actual subscribers thereto, or to other news agents, shall be entitled 1874, June 23, ch. to transmission through the mails at two cents a pound or a fraction 456, § 5. thereof, such postage to be prepaid, as now provided by law. SEC. 12. That matter of the second class may be examined at the -examination of. office of mailing, and if found to contain matter which is subject to a higher rate of postage, such matter shall be charged with postage at the rate to which the inclosed matter is subject: Provided, That nothing herein contained shall be so construed as to prohibit the insertion in periodicals of advertisements attached permanently to the same. penalty for false ing. SEC. 13. That any person who shall submit, or cause to be submitted, for transportation in the mails any false evidence to the postmaster rela- evidence concerntive to the character of his publication, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall for every such offense be punished by a fine of not less than one hundred nor more than five hundred dollars. SEC. 14. That the conditions upon which a publication shall be admitted to the second class are as follows: First. It must regularly be issued at stated intervals, as frequently as four times a year, and bear a date of issue, and be numbered consecutively. Second. It must be issued from a known office of publication. Third. It must be formed of printed paper sheets, without board, cloth, leather, or other substantial binding, such as distinguish printed books for preservation from periodical publications. Fourth. It must be originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, arts, or some special industry, and having a legitimate list of subscribers; Provided, however, That nothing herein contained shall be so construed as to admit to the second class rate regular publications designed primarily for advertising purposes, or for free circulation, or for circulation at nominal rates. -on what conditions publications admitted as. 16 Opin. Att'yGen., 303. SEC. 15. That foreign newspapers and other periodicals of the same foreign periodigeneral character as those admitted to the second class in the United cals admitted as. States may, under the direction of the Postmaster General, on application of the publishers thereof or their agents, be transmitted through the mails at the same rates as if published in the United States. |