CHAPTER 235. AN ACT MAKING APPROPRIATIONS FOR THE SUNDRY CIVIL EXPENSES OF THE GOV- [Par. 1.] That the sum of fourteen thousand three hundred dollars be, and hereby is, appropriated, out of any money in the Treasury not other wise appropriated, for printing and distributing more frequently the publications by the Department of State of the consular and other commercial reports, including circular letters to chambers of commerce, seven thousand dollars: Provided, That such publications may be sold at such rates as may be fixed by said department, and the proceeds of all sales to be paid into the Treasury; June 16, 1880. 21 Stat. L., 259. Commercial reports printed by State Department may be sold. R. S., § 211. GOVERNMENT HOSPITAL FOR THE INSANE. [Par. 2.] That hereafter the admissions to the hospital shall be limited to such persons as are entitled to treatment therein under the provisions of title fifty-nine, chapter four, of the Revised Statutes of the United States, and under the act approved March third, eighteen hundred and seventy-five, chapter one hundred and fifty-six, second session, Fortythird Congress. ENTOMOLOGICAL COMMISSION. [Par. 3.] For the completion of the work of the United States Entomological Commission under the Department of the Interior in the special investigation of the Rocky Mountain locust or grasshopper and the cotton-worm, the sum of twenty-five thousand dollars, to be immediately available: Provided, That after the close of the next fiscal year all work of the Work of Entocharacter herein provided for shall be exclusively under the control of mological Commisthe Agricultural Department, and all operations under the Interior Department shall be fully and finally closed before the thirtieth day of June, eighteen hundred and eighty-one. * UNDER THE DEPARTMENT OF JUSTICE.-MISCELLANEOUS. sion to be under Territories may and custody of con [Par. 4.] That the legislative assemblies of the several Territories of the United States may make such provision for the care and custody of provide for care such persons as may be convicted of crime under the laws of such Ter- victs in any other ritory as they shall deem proper, and for that purpose may authorize Territory or State. and contract for the care and custody of such convicts in any other R. S., § 1892. Territory or State, and provide that such person or persons may be sentenced to confinement accordingly in such other Territory or State, and all existing legislative enactments of any of the Territories for that purpose are hereby legalized: Provided, That the expense of keeping such prisoners shall be borne by the respective Territories, and no part thereof shall be borne by the United States. United States not to pay expense. 1874, June 20, ch. 332, § 2. [June 16, 1880.] CHAPTER 236. June 16, 1880. 21 Stat. L., 281. AN ACT TO INCREASE THE PENSIONS OF CERTAIN PENSIONED SOLDIERS AND SAILORS Pensions of perdisabled increased sons to $72 a month. month. 1. Pensions of persons permanently disabled in 2. to date from June 17, 1878. Be it enacted, &c. [SECTION 1], That all soldiers and sailors who are now receiving a pension of fifty dollars per month, under the provisions of an act enti tled "An act to increase the pension of soldiers and sailors who have been totally disabled", approved June eighteenth, eighteen hundred R. S., $ 4698, and seventy-four, shall receive, in lieu of all pensions now paid them by 1874, June 18, ch. the Government of the United States, and there shall be paid them in the same manner as pensions are now paid to such persons, the sum of 16 Opin. Att'y- seventy two dollars per month. Gen., 594. 46984. 298. -to date from June 17, 1878. SEC. 2. All pensioners whose pensions shall be increased by the provisions of this act from fifty dollars per month to seventy two dollars per month shall be paid the difference between said sums monthly, from June seventeenth, eighteen hundred and seventy eight, to the time of the taking effect of this act. [June 16, 1880.] CHAPTER 239. June 16, 1880. 21 Stat. L., 283. Portsmouth, AN ACT TO CONSTITUTE THE CITY OF PORTSMOUTH, IN THE STATE of ohio, a PORT Be it enacted, &c., That the city of Portsmouth, in the State of Ohio, Ohio, a port of de- shall be, and is hereby, constituted a port of delivery within the colleclivery in collection tion-district of New Orleans, and shall be subject to the same reguladistrict of New Orleans, La. tions and restrictions as other ports of delivery in the United States; R. S., § 2568, and all the privileges and facilities afforded by the act of Congress of the second of March, in the year of our Lord one thousand eight hundred and thirty-one entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, Saint Louis, Nashville, and Natchez, to be secured and paid at those places", (1) shall be extended to said port. A surveyor of customs shall be appointed to reside at said port, and perform the duties prescribed by law, who shall receive such compensation now provided, or which may hereafter be provided, by law, for surveyors of the same grade: Provided, That the salary of the collector shall not exceed the net fees collected according to law at said port. [June 16, 1880.] NOTE. (1) The act of 1831, March 2, ch. 87 (4 Stat. L., 480), here referred to, was repealed by the Revised Statutes into which its provisions are incorporated. Those provisions, so far as this act appears to relate to them, may be found in Revised Statutes, §§ 2568, 2570, 2822-2831. June 16, 1880. 21 Stat. L., 283. CHAPTER 240. AN ACT FOR THE RELIEF OF THE FIFTEENTH AND SIXTEENTH MISSOURI CAVALRY Be it enacted, &c. teenth and Six [SECTION 1], That the proper accounting officers of the Treasury be, Bounty to enlistand they hereby are, directed to pay bounty to the enlisted men of the ed men of FifFifteenth and Sixteenth Missouri Cavalry Volunteers who served during the late rebellion, as follows, to wit; To those who served the full period of one year, or more, the sum of one hundred dollars; to those who served the full period of six months, but less than one year, the sum of sixty-six dollars and sixty-six cents; to those who served a less period than six months, the sum of thirtythree dollars and thirty three cents. teenth Missouri Cavalry. relatives in case of SEC. 2. That in case of the death of the soldier, who if living would —p ayable to be entitled under the first section of this act, then the said sum or sums widow or other that would be due to said soldier if living shall be paid to his widow; death of soldier. and if there be no widow, then to his child or children; and if there be none, then to his mother if she be a widow. And so much money as may be necessary to carry this law into effect Appropriation. is hereby appropriated out of any money in the Treasury not otherwise appropriated. [June 16, 1880.] SECTION CHAPTER 242. AN ACT CREATING YAKIMA LAND-DISTRICT IN WASHINGTON TERRITORY. SECTION 1. Yakima land district in Washington Territory created and bounded. 2. register and receiver for. 3. application, unfinished business, &c., in June 16, 1880. 21 Stat: L., 283. Be it enacted, &c. · Yakima land dis [SECTION 1], That all that portion of Washington Territory bounded by a line commencing at a point of the intersection of the line between trict in Washingtownships six and seven north, and between ranges twenty-seven and ated and bounded. ton Territory cretwenty-eight east of the Willamette meridian; and running westerly R. S., §2256, 2d along said line between townships six and seven north to the summit ed., p. 406. of the Cascade Mountains; thence northerly along said summit to the boundary line between the United States and British Columbia; thence east along said line to the Columbia guide meridian; thence south on said meridian to the line between townships sixteen and seventeen north; thence west along said line to the line between ranges twentyseven and twenty-eigh; east; thence south along said line to the place of beginning, shall constitute a separate land district, to be called the Yakima land district, the office of which shall be located at Yakima City therein. SEC. 2. That the President shall appoint, by and with the advice and consent of the Senate, or during the recess thereof, a register and a receiver of public moneys for said district; and said officers shall reside in the place where said land office is located, and shall have the same powers and responsibilities, and shall receive the same fees and emolu ments, as the like officers now receive in the other land-offices in said Territory. register and receiver for, R. S., § 2234. SEC. 3. That all persons in said district who, prior to the opening of applications, unsaid Yakima land-office, shall have filed their declaritory statements or finished business, applications for pre-emption, homestead, or other land rights, in any tricts, for land in, &c., in other disother land-office in said Territory of Washington, shall hereafter make to be transferred proofs and entries at said Yakima land-office; and all unfinished busi- to. ness in any other land-office relating exclusively to lands in said Yakima land district shall be transferred to said Yakima land-office when notified by the officers of the opening thereof. [June 16, 1880.] 36 CHAPTER 243. June 16, 1830. 21 Stat. L., 284. Court to have jurisdiction of claims against District. R. S., § 1059. -on contracts of board of public works, &c. - of Commission AN ACT TO PROVIDE FOR THE SETTLEMENT OF ALL OUTSTANDING CLAIMS AGAINST [SECTION 1], That the jurisdiction of the Court of Claims is hereby extended to, and it shall have original legal and equitable jurisdiction of, All claims now existing against the District of Columbia arising out of contracts, made by the late Board of Public Works, and extensions thereof made by the Commissioners of the District of Columbia, And such claims as have arisen out of contracts made by the District ers since June 20, Commissioners since the passage of the act of June twentieth, eighteen hundred and seventy-four, 1874. -of claims for work done by or der of Commission ers prior to March 14, 1876. -of auditor's certificates. - of auditor's and And of all claims for work done by the order or direction of the said And all certificates of the auditor of said Board of Public Works, comptroller's cer- of Columbia, tificates. - of contracts of levy court. - of sewer certifi All claims based on contracts made by the Levy Court, All sewer certificates, all sewer taxes not heretofore converted into cates; sewertaxes. three-sixty-five bonds, Fendall's case, 16 -. Ct. Cls., All measurements made by the engineers of said District of work done of work under con- under contracts made since February twenty-first, eighteen hundred and tracts made since seventy-one, for which no certificates have been issued to and received February 21, 1871, by the contractor or his assignee which certificates shall be prima facie tificates have been evidence of the amount of work done, issued. no cer - of contracts of All claims based upon contracts made by the Board of Public Works board of public for which no evidence of indebtedness has been issued. works for which no certificates have been issued. Procedure. Additional rules. Reference. Said Court of Claims shall have the same power, proceed in the same manner, and be governed by the same rules, in respect to the mode of hearing, adjudication, and determination of said claims, as it now has in relation to the adjudication of claims against the United States: Provided, Said court may make such additional rules as may be neces sary to save costs and prevent delays in the prosecution of such claims. When the trial of any claim against the District of Columbia, prosecuted under the provisions of this act, involves the taking and stating of a long account, or the making of measurements or computations involving the services of engineers, said court shall have power to award a reference to a competent referee to take and state such account, or to the engineer commissioner of the District to make and report such measurements and computations; eree. ref And said referee or engineer shall report to the court the evidence Report and comtaken by him for the information of said court, and any such referee shall pensation of be allowed such compensation for his services as the court may deternine, not exceeding ten dollars per day for time actually employed to be paid on the order of the court by the Secretary of the Treasury and charged to the account of the District of Columbia. Method of prose SEC. 2. All such claims against the District of Columbia shall, in the first instance, be prosecuted before the Court of Claims by the contractor cution of claims. his personal representatives or his assignee, in the same manner and subject to the same rules so far as applicable as claims against the United States are prosecuted therein, or to such other rules as the court shall prescribe. In any case if before trial either party requests in writing a finding of facts by the court, there shall be the same right of appeal, either by the District of Columbia or by the claimant, and subject to the same rules and regulations, as are prescribed by law for appeals on behalf of the United States or claimants against the United States from the judg ments of the Court of Claims: Provided, That the prosecution of all such claims shall be commenced in the Court of Claims by the filing of the petition of the claimant, as required by the rules and practice of said court, within six months from the passage of this act; and all such claims against the District of Columbia now existing, and not so filed within said time shall be forever barred, except in cases of claims owned and held by persons under legal disabilities, in which case such claims shall be in like manner barred unless commenced as aforesaid within six months after the expiration of such disability: Provided, That all certificates, measurements, or other evidence of indebtedness, in the custody of the Commissioners of the District of Columbia, shall be deposited with the Court of Claims, upon the application of any claimant. When the validity of a number of claims depends substantially upon a like state of facts, they may be brought before the court in one petition in which all parties are joined, and may be tried together under such rules as the court may prescribe, and such judgments may be entered therein as the court may determine; and cases of like kind may be consolidated and tried together whenever the court so orders. Regulations for appeals. R. S., §§ 707, 708. Claims must be filed within six months after passage of this act. Certificates, evidence, &c., to be deposited in court on application of claimants. Consolidation of cases. Attorney-Gen suits. SEC. 3. The Attorney-General of the United States shall have authority, and it shall be his duty, to defend the District of Columbia against eral to defend all such claims against said District of Columbia prosecuted in said Court of Claims, and on appeal, in like manner as he is now by law required to defend the United States in said court, with the same power to interpose counter claims and offsets against claims and defences for fraud practiced or attempted and all other legal defences, and with like power of appeal as in cases against the United States tried in said court. SEC. 4. All laws now in force relating to prosecutions of Claims against the United States in the Court of Claims shall apply, as far as apply so far as applicable. applicable, to the prosecution, practice, hearing, and determination of claims against the District of Columbia authorized to be prosecuted under the provisions of this act: Provided, That motions for new trials shall be made by either party within twenty-days after the rendition of any judgment: And provided further, That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same. SEC. 5. If no appeal be taken from the judgment and determination of the Court of Claims in cases provided for in this act within the term limited by law for appealing from the judgments of said court, and in all cases of final judgments by the Court of Claims, or on appeal by the Supreme Court where the same are affirmed in favor of the claimant, Laws in force to New trials. Witnesses. Payment of judgments. |
0 Resensi Ulasan tidak diverifikasi, tetapi Google akan memeriksa dan menghapus konten palsu jika konten tersebut teridentifikasi Tulis resensi |