SEC. 3. That all suits and proceedings hereafter to be brought in Suits; in what the said circuit or district courts not of a local nature, shall be divisions to be brought in a court of the division of the district where the defend- brought. ant resides: But if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may sue in either divisions. and send duplicate writ or writs to the other defendants, on which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out in a court of the proper division of the said district; And the said writs when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly. Clerk of western district; where to reside and keep office. SEC. 4. The clerk of the circuit and district courts for the western district of Michigan shall reside and keep his office at Grand Rapids, and shall also appoint a deputy clerk for said courts held at Marquette, who shall reside and keep his office at that place; And said deputy clerk shall keep in his office full records of all deputy, and his actions and proceedings in the said circuit and district courts for the northern division of said district held at that place, and shall have the same power to issue all processes from the said courts and perform any other duty that is or may be given to the clerks of other circuit and district courts in like cases. SEC. 5. That the district attorney and marshal of the said western district of Michigan shall respectively perform the duties of district attorney and marshal for the southern and northern divisions of said. district as established by this act. The marshal of said district shall keep an office and a deputy marshal at Marquette in the northern division of said district. SEC. 6. Any person charged with violating any of the penal or criminal statutes of the United States of which the said circuit or district courts have jurisdiction, shall be proceeded against by indictment or otherwise, within the division of said district where the alleged offense or offenses shall be committed, and shall have his or her trial at a term of the said court held in said division, unless for cause shown, the judge shall otherwise direct; And one grand and one petit jury only shall be summoned, and serve in both said courts at each term thereof; duty. District attorney and marshal. Marshal's office and deputy at Marquette. Criminal causes; where to be tried. Juries for both courts, &c. And jurors shall be selected and drawn from the division of the -how drawn, &c. said district in which they reside and in which the terms of the said circuit and district courts to which they are summoned are held. Pending causes SEC. 7. This act shall not affect or in any wise interfere with causes of action now pending in the circuit and district courts for in eastern district. the eastern district of Michigan, but the same may be proceeded with in the same manner as though this act had not been passed: Provided, however, That upon cause shown, the circuit and district courts for the eastern district may transfer civil causes arising in that portion of said district detached therefrom by this act to the circuit and district courts for the northern division of the western district of Michigan, provided for in this act. The circuit and district courts for the eastern district of Michigan shall continue to have the same jurisdiction in reference to all crimes and offenses committed prior to the passage of this act in any portion of the State of Michigan by this act detached from said eastern district and attached to said western district. SEC. 8. All provisions of laws in conflict with this act are hereby Repeal. repealed. SEC. 9. There shall be one or more terms of the district court for District court held at Port Hu the eastern district of Michigan, held annually at the United States for eastern district court room in the city of Port Huron in said 'district, in the discre- of Michigan to be tion of the judge of said district court, and at such times as he shall ron. appoint therefor. [June 19, 1878.] 1887, Feb. 28, ch. 269, post, p. 543. R. S., § 572. June 19, 1878. 20 Stat. L., 178. One of execu tive clerks to sign Gaugers pay. 1876, August 15, ch. 287, par. 7, ante p. 119. Refining, &c., bullion to be car ried on at mints and at assay-office at New York. R.S., § 3546. R. S. $3545 ch. 182,81, par. 3, post, p. 250. CHAP. 329.-An act making appropriations for the legislative, executive, and judicial expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes. Be it enacted, &c. * * [Par. 1.] And the duties prescribed by section of the Revised Statutes numbered four hundred and fifty shall devolve upon and be discharged by one of the executive clerks, to be designated by the President for that purpose. * ** [Par. 2.] Commissioner of Internal Revenue. * * Hereafter while actually employed. the compensation of gaugers shall not exceed five dollars per day * * [Par. 3.] And refining and parting of bullion shall be carried on at the mints of the United States and at the assay-office at New York. And it shall be lawful to apply the moneys arising from charges collected from depositors for these operations pursuant to law so far as may be necessary to the defraying in full of the expenses thereof, including labor, materials, and wastage; But no part of the moneys otherwise appropriated for the support of the mints and the assay-office at New York shall be used to defray the expenses of refining and parting bullion (1) ; but when the bullion Mints and assay received shall not, in the aggregate, be in such proportion of gold offices may pay and silver as to admit of economical parting, or the necessary supcoin certificates to plies of acids cannot be procured at reasonable rates, unparted buldepositors. lion may be exchanged for fine bars, as provided in section thirty-five 1879, March 3, hundred and forty-six of the Revised Statutes of the United States. [Par. 4.] And for the purpose of enabling the several mints and assay-offices of the United States to make returns to depositors with as little delay as possible, the provisions of section thirty-five hundred and forty-five of the Revised Statutes of the United States shall hereafter apply to the several mints and assay-offices of the United States; R. S., SS 254, And the Secretary of the Treasury is hereby authorized to use, as far as he may deem it proper and expedient, for payment to deposch. 419, ante, p. 40. itors of bullion at the several mints and assay-offices, coin cer1879, March 3, tificates, representing coin in the Treasury, and issued under the ch. 182, §4, par. 3, provisions of section two hundred and fifty-four of the Revised post, p. 250. Statutes of the United States; all of said acts and duties to be performed under such rules and regulations as shall be prescribed by the Secretary of the Treasury. (2) Coin certificates payment of bul may be used for lion. 3545. 1874, June 22, 1882, July 12, ch. 290, § 12, post, p. 356. -charges collected of depositors at; how may be used. of members of Ter And it shall be lawful to apply the moneys arising from charges collected from depositors at the several mints and assay-offices pursuant to law, to defraying the expenses thereof, including labor, material, wastage, and use of machinery; * * Number and pay [Par. 5.] That from and after the adjournment of the next session ritorial legisla- of the several Territorial Legislatures the council of each of the tures prescribed. Territories of the United States shall not exceed twelve members R. S.. SS 1846, and the House of Representatives of each shall not exceed twenty1853, 1922. Territories to be divided into countive districts, &c. R. S.. § 1847, 1849, 1853, 1922. four members, and the members of each branch of the said several legislatures shall receive a compensation of four dollars per day each during the sessions provided by law, and shall receive such mileage as the law provides; And the President of the Council and the Speaker of the House of Representatives shall each receive six dollars per day for the same time. And the several Legislatures at their next sessions are directed to divide their respective Territories into as many council and representative districts as they desire, which districts shall be as nearly equal as practicable taking into consideration population, except "Indians not taxed": Provided, the number of council districts shall not exceed twelve, and the representative districts shall not exceed twenty four in any one of said Territories, and all parts of sections eighteen hundred and forty-seven, eighteen hundred and forty-nine, eighteen hundred NOTE. (1) Similar provisions are contained in the appropriation acts of 1880 and 1881 (21 Stat. L., and fifty-three, and nineteen hundred and twenty-two of the Revised Statutes of the United States in conflict with the provisions herein are repealed. That the subordinate officers of each branch of said Territorial legislatures shall consist of one chief clerk, who shall receive a compensation of six dollars per day; one enrolling and engrossing clerk, at five dollars per day; sergeant-at-arms and doorkeeper, at five dollars per day; one messenger and watchman, at four dollars per day each; and one chaplain, at one dollar and fifty cents per day. Said sums shall be paid only during the sessions of said legislatures; and no greater number of officers or charges per diem shall be paid or allowed by the United States to any Territory. And section eighteen hundred and sixty-one of the Revised Statutes is hereby repealed, and this substituted in lieu thereof: Provided, That for the performance of all official duties imposed by the Territorial legislatures, and not provided for in the organic act, the secretaries of the Territories respectively shall be allowed such fees as may be fixed by the Territorial legislatures. And in no case shall the expenditure for public printing in any of the Territories exceed the sum of two thousand five hundred dollars for any one year. * * Subordinate officers of Territorial legislatures. Repealing R. S., § 1861. 18 Opins., 540. In Territories, secretaries to have fees; when. R. S., § 1843. Expenses of printing not to exceed $2,500 a year. R. S., § 1887. P. O. Depart diverted to other [Par. 6.] That hereafter the expenditure of the contingent expenses of the Post-Office Department shall be expended as specially ment. Contingent directed in the law, and according to the appropriations for the expenses approitems specifically named, and that no moneys appropriated for the priation not to be specific purposes named under the head of "For contingent ex- objects. penses of the Post-Office Department" shall be diverted from one R. S. §§ 3682, purpose to another; and that all moneys unexpended for one or more 3683. specific purposes shall be turned into the Treasury, and not expended, by the Superintendent and disbursing-officer, for any object or purpose whatsoever other than the specific ones named in the appropriation for the "Contingent expenses of the Post-Office Depart ment. * * [Par. 7.] And so much of section thirty-six hundred and eighty-nine Southern Claims of the Revised Statutes of the United States as makes the appropria- Commission-per"manent approprition for "Salaries and expenses of Southern Claims Commission' ation repealed. permanent annual appropriations is hereby repealed. (2) * * [Par. 8.] And so much of section three hundred and forty-nine of the Revised Statutes as provides for the appointment and payment of a salary to a "naval solicitor" is hereby repealed, and the office is abolished. * * SEC. 3. That all acts or parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. [June 19, 1878.] NOTE. (2) The Commission expired by limitation, March 10, 1880. R. S. § 3689, 724. p. Office of naval solicitor abolished. R. S., § 349. 1880, June 8, ch. 129, post, p. 290. Repeal. June 20, 1878. CHAP. 359.-An act making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other pur- 20 Stat. L., 206. poses. lic Printing Office; Be it enacted, &c. * * [Par. 1.] Hereafter no binding shall be Binding, at Pubdone for any department of the government except in plain sheep or what may be done, cloth, and no books shall be printed and bound except when the same &c. shall be crdered by Congress or are authorized by law, except record R. S., $$ 3785, and account books which may be bound in Russia leather sheep 3790. fleshers and skivers, when authorized by the head of a department, 27. post. p. 209. and this restriction shall not apply to the Congressional Library.(1) 16 Opins., 57. And when any department shall require printing to be done the Estimates for (2) Public Printer shall furnish to such department an estimate of printing to be NOTES. (1) Nor, by 1879, Jan. 27, ch. 27, Feb. 26, ch. 106, post, pp. 209, 221, to the Libraries of the Surgeon-General's office, the Patent office, and the State Department. (2) See note (1) relating to Public Printing, to 1876, July 31, ch. 246, par. 1, ante, p. 114. 1879, Jan 27, ch. made and cost the cost by the principal items for said printing so called for; and charged to depart- he shall place to the debit of such department the cost of the same, ments, &c. R. S., § 3762. of D. C. to fix pay R. S. of D. C., SS 366, 367, 1878, June 11, ch. 180, § -and for city gas lights. on certification of the head of the department, Supreme Court, Court of Claims, or Library of Congress, that said printing is necessary; And the Public Printer is hereby authorized to employ three additional clerks of the third class, to make the estimates. * The [Par. 2.] Commissioners of the District of Columbia said Commissioners are hereby authorized to (3) fix the salaries to be paid to the officers and privates of the metropolitan police until otherwise provided by law; 6, ante, p. 178. 1879, March 3, ch. 182, § 3, par. 2, post, p. 253. And to require the Washington Gas-light Company to light the city lamps at such price as shall to the said Commissioners appear to 1874, June 23,ch. be just and reasonable. 480, §§ 11, 12, ante, p. 54. Expenses there- And all expenses heretofore incurred by the general government for for and for board the board of health, for the metropolitan police, and for gas inspection, of health, &c., to be shall hereafter be a charge upon the government of the District. paid by District. R. S. of D. C., §§ 232-23. 1874, June 23, ch. 480, § 12, ante, p. 54; 1878, June 11, ch. 180, §§ 3, 6, 8, note 8, ante, pp. 175, 176,178, 179. Charts of Coast Survey to be sold * [Par. 3.] That the charts published by the Coast Survey shall be sold at the office at Washington at the price of the printing and paper distributed free, thereof, and elsewhere at the same price with the average cost of delivery added thereto; at cost, and not except, &c. R. S., § 4691. 1879, March 3, ch. 182, par. 2, post, p. 250. Public advertise And hereafter there shall be no free distribution of such charts except to the departments of the United States and to the several States and officers of the United States requiring them for public use, in accordance with the act of June third eighteen hundred and forty four. (4) * * [Par. 4.] That hereafter all advertisements, notices, proposals for ments and notices contracts, and all forms of advertising required by law for the several to be paid for at commercial rates. departments of the government may be paid for at a price not to R.S., 853, 854, exceed the commercial rates charged to private individuals, with the usual discounts; such rates to be ascertained from sworn statements 1876, July 31, to be furnished by the proprietors or publishers of the newspapers ch. 246, par. 2, ante, p. 114. 1881, proposing so to advertise: 3823-3826. Jan. 21, ch. 25, post, p. 314. may be made. Signal Service men extra pay. * [Par. 5.] But the heads of the several departments may secure lower terms at special rates whenever the public interest requires it. * * [Par. 6.] Signal Service men shall not receive extra duty pay unless specially directed by the Secretary of War. * * * * R. S., § 1287. 1885, March 3, ch. 339, par. 2, post, p. 482. 1890, Oct. 1, ch. 1266, § 8, post, p. 880. Trees. &c., in [Par. 7.] Buildings and grounds in and around Washington. Washington pub- Hereafter only such trees, shrubs, and plants shall be propagated lic greenhouses, at the greenhouses and nursery as are suitable for planting in the &c. public reservations, to which purpose only the said productions of the greenhouses and nursery shall be applied. R. S., § 1827. Machine for test * * [Par. 8.] The Secretary of War is hereby authorized to cause the ing iron and steel machine built for testing iron and steel to be set up and applied to may be for private the testing of iron and steel for all persons who may desire to use it, use on payment of fees. upon the payment of a suitable fee for each test; the table of fees to 1885, March 3, be approved by the Secretary of War, and to be so adjusted from ch. 360, par.3, post, time to time as to defray the actual cost of the tests as near as may p. 486. be; * * Western judicial [Par. 9.] That the act entitled "An act to provide for the appointdistrict of Tennes- ment of a District Judge for the Western District of Tennessee and see divided into for other purposes" approved June fourteen, eighteen hundred and R. S., § 547. seventy eight, be, and the same is hereby, amended as follows: 1878, June 14, The Western District of Tennessee is hereby divided into two dich. 196, ante,p. 181. visions which shall be known as the Eastern and Western divisions thereof. two divisions. NOTES (3) The annual appropriation acts, beginning with 1879, March 3, ch. 182 (20 Stat. L., 408), and including the latest, 1891, March 3, ch. 546 (26 Stat. L., 1072), have fixed the number, rank and salaries of the police for each year. There has been no permanent provision of law fixing the salaries. By 1883, Jan. 31, ch. 41, post, p. 397, the number and rank are fixed but the limit has not been regarded. (4) The act of 1844, ch. 37 (5 Stat. L.. 660) here referred to, is incorporated into Revised Statutes, § 4691. a The Eastern division shall include the counties of Benton, Carroll, Western district Decatur, Gibson, Henderson, Henry Madison, McNairy, Hardin, of Tennessee; Dyer, Lake, Crockett, Weakley, and Obion, and terms of the circuit eastern division and district courts of the United States for said District shall be courts therein. held therein at the town of Jackson, in the County of Madison at 1875, March 3, least twice in each year at such times as the judges thereof shall ch. 198, ante, p. 90. respectively fix. [Omitted words repealed, 1879, March 3, ch. 182, § 1 (20 Stat. L., 398).] The remaining counties embraced in said District shall constitute the Western division thereof, and terms of the district and circuit sion and terms of courts of the United States for said district shall be held therein at the times and place now prescribed by law. * * 1883, Jan. 15, ch. 25, post, p. 392. western divi courts therein. All suits not of a local character which shall be hereafter brought Suits in said dis in the district or circuit court of the United States for the Western trict; in which division to be district of Tennessee, against a single defendant, or where all the brought. defendants reside in the same division of said district shall be brought in the division in which the defenda[e]nt or defendants reside, but if there are two or more defendants residing in different divisions, such suit may be brought in either division, and duplicate writs may be sent to the other defendants. Duplicate writs The Clerk issuing such duplicate writs shall endorse thereon that it is a true copy of a writ sued out in the proper division of the in certain cases. District and the original and duplicate writs when executed and returned into the office from which they shall have issued shall be proceeded in as one suit, and all the issues of fact in such suits shall be tried in the division where the suit is so brought. sion. The Clerks of the Circuit and district courts for said district shall Deputy clerks each appoint a deputy of their respective courts at the place in the for eastern diviEastern division of said district where their said courts are required R. S., §§ 558, to be held, who shall in the absence of the Clerk, exercise all the 624. powers, and perform all the duties of Clerk within said division: Provided, That the appointments of such deputies shall be approved by the Court for which they shall be respectively appointed and may be annulled by such Court at its pleasure. The marshal of said district shall also appoint a deputy for said Eastern division, who shall reside therein, and in the absence of the marshal, perform all the duties devolved upon the marshal by law. * * * Deputy marshal for eastern diviR. S., § 780. sion. [Par. 10.] That the Postmaster-General be, and he is hereby, au- Postmasterthorized to adopt a uniform canceling ink or other appliance for General may canceling stamps which experiments and tests have proved or may canceling ink or adopt uniform prove to be the most practicable and the best calculated to protect appliance for canthe revenues of the department from the frauds practiced upon it, celing stamps. to be used in all the post-offices where stamps are canceled, and he R. S., § 3921. is hereby authorized to distribute said canceling ink or other appliance in the same manner as other supplies are now distributed to the different post-offices in the United States. [June 20, 1878. * * CHAP. 366.--An act to amend section twenty-five hundred and seventeen of the Revised Statutes of the United States, making Gardiner and Richmond, in Maine, ports of entry. (1) June 20, 1878. 20 Stat. L., 243. Gardiner and be ports of deliv Be it enacted, &c., That section twenty-five hundred and seventeen of the Revised Statutes of the United States is hereby amended Richmond. Me.. to by inserting in article ten, after the words "Bowdoinham ", the words "Gardiner and Richmond". (1) [June 20, 1878.] NOTE. (1) The amendment makes Gardiner and Richmond ports of delivery, and not ports of entry as the title of this act would indicate. ery. R. S., § 2517, art. 10. |