shall designate one of the commissioners appointed from the Engineer Corps of the Army to be president of the commission. The commissioners appointed from the Engineer Corps of the Army and the Coast and Geodetic Survey shall receive no other pay or compensation than is now allowed them by law, and the other three commissioners shall receive as pay and compensation for their services each the sum of three thousand dollars per annum; and the commissioners appointed under this act shall remain in office subject to removal by the President of the United States. SEC. 3. It shall be the duty of said commission to direct and com--to direct and plete such surveys of said river, between the Head of the Passes complete surveys near its mouth to its headwaters as may now be in progress, and to River, &c. of Mississippi make such additional surveys, examinations, and investigations, topographical, hydrographical, and hydrometrical, of said river and its tributaries, as may be deemed necessary by said commission to carry out the objects of this act. 16 Opins. § 559. And to enable said commission to complete such surveys, exami- may have detail nations, and investigations, the Secretary of War shall, when re- of Army engi quested by said commission, detail from the Engineer Corps of the neers, &c. Army such officers and men as may be necessary, and shall place in the charge and for the use of said commission such vessel or vessels and such machinery and instruments as may be under his control and may be deemed necessary. And the Secretary of the Treasury shall, when requested by said. commission in like manner detail from the Coast and Geodetic Sur--and officers and vey such officers and men as may be necessary, and shall place in men from Coast and Geodetic Surthe charge and for the use of said commission such vessel or vessels vey. and such machinery and instruments as may be under his control and may be deemed necessary. And the said commission may, with the approval of the Secretary may employ adof War, employ such additional force and assistants, and provide, ditional force, &c. by purchase or otherwise, such vessels or boats and such instruments and means as may be deemed necessary. 1888, Aug. 11, SEC. 4, It shall be the duty of said commission to take into consid- additional dueration and mature such plan or plans and estimates as will correct, ties of. permanently locate, and deepen the channel and protect the banks ch. 860, § 8, post, of the Mississippi River; improve and give safety and ease to the p. 610. navigation thereof; prevent destructive floods; promote and facilitate commerce, trade, and the postal service; and when so prepared and matured, to submit to the Secretary of War a full and detailed report of their proceedings and actions, and of such plans, with estimates of the cost thereof, for the purposes aforesaid, to be by him transmitted to Congress: Provided, That the commission shall report in full upon the prac- Mississippi River ticability, feasibility, and probable cost of the various plans known Commission; to as the jetty system, the levee system, and the outlet system, as well make report. as upon such others as they deem necessary. SEC. 5. The said commission may, prior to the completion of all to prepare the surveys and examinations contemplated by this act, prepare, and plans, specificasubmit to the Secretary of War plans, specifications, and estimates tions, &c. of costs for such immediate works as, in the judgment of said commission, may constitute a part of the general system of works herein contemplated, to be by him transmitted to Congress. SEC. 6. The Secretary of War may detail from the Engineer Corps secretary of, of the Army of the United States an officer to act as secretary of from Engineer said commission. Corps of Army. SEC. 7. The Secretary of War is hereby authorized to expend the Appropriation sum of one hundred and seventy-five thousand dollars, or so much to be expended by thereof as may be necessary, for the payment of the salaries herein Secretary of War. provided for, and of the necessary expenses incurred in the completion of such surveys as may now be in progress, and of such additional surveys, examinations, and investigations as may be deemed necessary, reporting the plans and estimates, and the plans, specifi cations, and estimates contemplated by this act, as herein provided for; and said sum is hereby appropriated for said purposes out of any money in the Treasury not otherwise appropriated. [June 28, 1879.] June 30, 1879. for Connecticut; CHAP. 49.—An act changing the time of holding the November term of the United States district court in the district of Connecticut. Be it enacted, &c., That the term of the United States district court for the district of Connecticut, at Hartford, now held on the when to be held at fourth Tuesday in November, shall hereafter be held on the first Tuesday of December. [June 30, 1879.] Hartford. R.S., § 572. June 30, 1879. 21 Stat. L., 43. Jurors; per diem. -in Pennsylvania, R. S., CHAP. 52.-An act making appropriations for certain judicial expenses for the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes. * Be it enacted, &c. * SEC. 2. That the per diem pay of each juror, grand or petit, in any court of the United States, shall be two dollars; And that the last clause of section eight hundred of the Revised to be drawn as Statutes of the United States, which refers to the State of Pennsylelsewhere. 800 (in vania, and sections eight hundred and one, eight hundred and part), 801, 820, 821. twenty, and eight hundred and twenty-one of the Revised Statutes 1884, May 13, ch. of the United States, are hereby repealed; 46,4, post, p. 428. -how to be drawn. R. S., § 800. 357. And that all such jurors, grand and petit, including those summoned during the session of the court, shall be publicly drawn from 6 Fed. Rep.,136. a box containing, at the time of each drawing, the names of not less 27 Fed. Rep., than three hundred persons, possessing the qualifications prescribed in section eight hundred of the Revised Statutes, which names shall have been placed therein by the clerk of such court and a commissioner, to be appointed by the judge thereof, which commissioner shall be a citizen of good standing, residing in the district in which such court is held, and a well-known member of the principal political party in the district in which the court is held opposing that to which the clerk may belong, the clerk and said commissioner each to place one name in said box alternately, without reference to party affiliations, until the whole number required shall be placed therein. But nothing herein contained shall be construed to prevent any drawn from boxes judge from ordering the names of jurors to be drawn from the boxes used by State au- used by the State authorities in selecting jurors in the highest courts of the State; Jurors may be thorities. term of service of. not disqualified And no person shall serve as a petit juror more than one term in any one year, and all juries to serve in courts after the passage of this act shall be drawn in conformity herewith: Provided, That no citizen possessing all other qualifications which on account of race are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States on account of race, color, or previous condition of servitude. or color, &c. Attorney-Gen SEC. 3. That the Attorney-General shall include in his annual reeral to report port a statement of all payments or expenditures during any fiscal year out of any appropriation fund subject to requisitions by him. June 30, 1879.] statement of pay ments. R. S., § 384. 1874, June 18, ch. 328, par. 10, ante, p. 18. CHAP. 54.-An act relating to vessels not propelled by sail or internal motive power of their own and for other purposes. June 30, 1879. 21 Stat. L., 44. ing or license fee. Be it enacted, &c., That the provisions of title fifty of the Revised Vessels not proStatutes of the United States shall not be so construed as to require pelled by sail or the payment of any fee or charge for the enrolling or licensing of internal power vessels, built in the United States and owned by citizens thereof, not not to pay enrollpropelled by sail or by internal motive power of their own, and not Flat boats, in any case carrying passengers, whether navigating the internal barges, &c., not waters of a state or the navigable waters of the United States, and required to be ennot engaged in trade with contiguous foreign territory, nor shall rolled, registered, or licensed in certhis or any existing law be construed to require the enrolling, regis- tain cases. tering or licensing of any flat boat, barge or like craft for the car- R. S., SS 4311riage of freight, not propelled by sail or by internal motive power 4390, 4132, 4312, of its own, on the rivers or lakes of the United States. [June 30, 4371, 4384. 1879.] 16 Opins., 563. CHAP. 57.-An act providing for filling vacancies in the Office of Chief of Engineers, United States Army. June 30, 1879. 21 Stat. L., 45. Promotion of stored. Be it enacted, &c., That so much of the (1) act of June tenth, eighteen hundred and seventy-two, chapter four hundred and twenty- engineers in Army six, volume seventeen, page three hundred and eighty-two, Statutes above colonel reat Large, as prohibits promotion in the Corps of Engineers above the rank of colonel, and all other acts prohibiting said promotion, be, and the same are hereby, repealed. [June 30, 1879.] NOTE. (1) The provision of the act of June 10, 1872, ch. 426 (17 Stat. L., 382), here referred to, is incorporated into the Revised Statutes, and forms the last paragraph of § 1151, which this act repeals. R. S., § 1151. CHAP. 59.-An act to prescribe the times for holding the circuit and district courts of the Be it enacted, &c. That the regular terms of the circuit and district courts of the United States in the district of Kentucky shall be held at the times and places following, to wit: At Covington, on the second Monday in May and the first Monday in December; At Louisville, on the third Monday in February and the first Monday in October; At Frankfort, on the first Monday in January and the second Monday in June; And at Paducah, on the first Monday in April and the third Monday in November. July 1, 1879. 21 Stat. L., 45. Kentucky; Terms of circuit and district courts in, when and where to be held. 658, 577. &c. not limited in SEC. 2. The terms of said courts shall not be limited to any particular number of days, nor shall it be necessary to adjourn by rea- number of days, son of the intervention of term elsewhere; but the court intervening may be adjourned until the business of the court in session is concluded. SEC. 3. Nothing herein contained shall be construed to repeal section five hundred and seventy-eight of the Revised Statutes. [July 1, 1879.] CHAP. 60.—An act to grant additional rights to homestead settlers on public lands within railroad limits in the States of Missouri and Arkansas. Monthly terms for criminal busi ness. R. S., § 578. July 1, 1879. 21 Stat. L., 46. Odd sections of Be it enacted, &c. That from and after the passage of this act the odd sections within the limits of any grant of public lands to any lands granted in railroad company in the States of Missouri and Arkansas, or to such aid of railways in Missouri and Ar- States respectively, in aid of any railroad where the even sections kansas opened to have been granted to and received by any railroad company or by R. S., SS 2289- such States respectively in aid of any railroad shall be open to settlers under the homestead laws to the extent of one hundred and sixty acres to each settler; settlers. 2317. fore restricted to acres. Settlers hereto- And any person who has under existing laws taken a homestead 80 acres may have on any section within the limits of any railroad grant in said States, additional 80 and who by existing laws shall have been restricted to eighty acres, may enter under the homestead laws an additional eighty acres ad1879, March 3, joining the land embraced in his original entry, if such additional ch. 191, ante, p. land be subject to entry; or if such person so select, he may surren1886, May 6, ch. der his entry to the United States for cancellation, and thereupon 88, post, p. 491. be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made. 257. - without fees or commissions. - residence, &c.; how reckoned. Settlers must same one year. And any person so making additional entry of eighty acres, or new entry after the cancellation of his original entry, shall be permitted to do so without payment of fees or commissions; And the residence of such person upon and cultivation of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five year's residence and cultivation required by law : Provided, That in no case shall patent issue upon an additional have occupied or new homestead entry under this act until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced therein at least one year. [July 1, 1879.] July 1, 1879. 21 Stat. L., 47. CHAP. 62.-An act to provide for the conveyance of the low grounds in the city of Washington, under the provisions of the act of Congress, chapter ninety-six, approved! May seventh, eighteen hundred and twenty-two. Secretary of In- Be it enacted, &c., That the powers and duties heretofore in and terior vested with by the third section of the act of Congress, approved May seventh, certain low eighteen hundred and twenty-two, to wit, chapter ninety-six, of the grounds in Wash- first session of the seventeenth congress, devolved upon and vested ington, D. C. in "the mayor of the city of Washington for the time being," be, and the same hereby are, vested in and devolved upon the Secretary of the Interior, who shall execute the deeds thereby required, under his hand and official seal, when it shall appear to him that the persons applying for such deeds are duly entitled to have the same: 1822, May 7, ch. 96, § 3 (3 Stat. L., 691). July 1, 1879. 21 Stat. L., 48. Homestead and Provided, nevertheless, this act shall not be so construed as to create or revive any right lost by lapse of time. [July 1, 1879.] CHAP. 63.—An act for the relief of settlers on the public lands in districts subject to grasshopper incursions (1). Be it enacted, &c., That it shall be lawful for homestead and prepre-emption set- emption settlers on the public lands, and in all cases where pre-emptlers whose crops tions are authorized by law, where crops have been or may be are injured by destroyed or seriously injured by grasshoppers, to leave and be be absent one year absent from said lands, under such rules and regulations, as to proof under regulations, of the same, as the Commissioner of the General Land Office shall prescribe; grasshoppers may &c. R. S., SS 22572288, 2289-2317. But in no case shall such absence extend beyond one year continuously; NOTE. (1) Previous acts permitting settlers to be absent from their lands in specified years, on account of injury by the grasshoppers, are as follows: 1874, June 18, ch. 308, December 28, ch. 10, 18 Stat. L., 81, 294; 1876, May 20, ch. 102, June 19, ch. 134, 1877, March 3, ch. 127, 19 Stat. L., 54, 59, 405; 1878, June 1, ch. 148, and June 14, ch. 190, 20 Stat. L., 88, 113. And during such absence no adverse rights shall attach to said lands, such settlers being allowed to resume and perfect their settlement as though no such absence had occurred. tended. SEC. 2. That the time for making final proof and payment by time for mak(2) pre-emptors whose crops shall have been destroyed or injured as ing proof and payaforesaid, may, in the discretion of the Commissioner of the ment may be exGeneral Land Office, be extended for one year after the expiration of the term of absence provided for in the first section of this act; * * [Omitted part superseded 1891, March 3, ch. 561, § 1, post, p. 940.] [July 1, 1879.] NOTE. (2) Pre-emption law repealed by 1891, March 3, ch. 561, § 4, post, p. 942. RESOLUTION. NUMBER 6.-Joint resolution authorizing the Secretary of the Navy to place vessels and hulks at the disposal of commissioners of quarantine or other proper persons at the ports of the United States. June 14, 1879. 21 Stat. L., 50. Be it resolved, &c., That the Secretary of the Navy be, and he Secretary of is hereby, authorized, in his discretion, at the request of the Na- Navy may place tional Board of Health, to place gratuitously, at the disposal of vessels at disposal the commissioners of quarantine, or the proper authorities at thorities; when. of quarantine auany of the ports of the United States, to be used by them tem- 1878, April 29, porarily for quarantine purposes, such vessels or hulks belonging ch, 66, ante, p. 157. to the United States as are not required for other uses of the national government, subject to such restrictions and regulations ch. 202, and note as the said Secretary may deem necessary to impose for the presante, p. 261. 1888, Aug. 1, ch. ervation thereof. [June 14, 1879.] 727, post, p. 600. SUP R S-18 1879, March 3, |