FORTY-SIXTH CONGRESS-SECOND SESSION IN THE YEARS 1879-1880. CHAP. 1.—An act authorizing an allowance for loss by leakage or casualty of spirits withdrawn from distillery warehouses for exportation. Dec. 20, 1879. 21 Stat. L., 59. Allowance for R. S., § 3330. 1874, June 9, ch. Be it enacted, &c., That where spirits are withdrawn from distillery warehouses for exportation according to law, it shall be lawful, leakage, &c., on under such rules and regulations and limitations as shall be pre- for exportation. spirits withdrawn scribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, for an allowance to be made for leakage or loss by any unavoidable accident, and without any fraud or 259, ante, p. 12; negligence of the distiller, owner, exporter, carrier, or their agents 114, § 5, ante, p. 1877, March 3, ch. or employees, occurring during transportation from a distillery ware- 140; 1879, March house to the port of export; 1, ch. 125, § 10, ante, p. 236; 1880, May 28, ch. 108, §§ 15, 17, post, p. 288; 1890, Oct. 1, ch. 1244, § 46, post, p. Nor shall any assessment be collected for such loss or leakage where Unpaid taxes on the same has not been paid on distilled spirits exported since the first spirits so lost not day of May, eighteen hundred and seventy-eight. to be collected. 867. SEC. 2. That where the spirits provided for in the preceding sec- To extent of extion are covered by a valid claim of insurance in excess of the market cessive insurance, value thereof, exclusive of the tax, the tax upon such spirits shall such tax not to be remitted. not be remitted to the extent of such excessive insurance [December 20, 1879.] CHAP. 2.—An act relating to printing impressions from portraits and vignettes. Dec. 22, 1879. 21 Stat. L., 59. Bureau of En Be it enacted, &c., That the Secretary of the Treasury, at the Impressions of request of a Senator, Representative, or Delegate in Congress, the portraits, etc., may head of a department or bureau, art association, or library, be, and be furnished from he is hereby authorized to furnish impressions from any portrait or graving. vignette which is now, or may hereafter be, a part of the engraved 1886, Aug. 4, ch. stock of the Bureau of Engraving and Printing, at such rates and 902, par. 1, post, p. under such conditions as he may deem necessary to protect the pub- 512. lic interests. [December 22, 1879.] CHAP. 8.-An act to establish a land-district in the Territory of Dakota, and locating the office at Grand Forks. Jan. 21, 1880. 21 Stat. L., 60. Grand Forks land district, N. Be it enacted, &c., That all that portion of the Territory of Dakota lying and being north of the twelfth standard parallel and east Dak of the tenth guide meridian shall constitute a new land-district, to be known as the Grand Forks district. R. S., § 2256. 1874, April 24, ch. 127, ante, p. 9; 1883, Mar. 3, ch. 140, post, p.415; 1890, Sept. 26, ch. 946, post, p. 807. SEC. 2. The President is hereby authorized to appoint, in the man- Register and rener provided by law, a register and a receiver for said district, who ceiver. 2247. R. S., §§ 2234 shall be required to reside in Grand Forks, in the county of Grand Forks, until such time as the President may, in his discretion, remove the site of said land-office from said Grand Forks; and said register and said receiver shall be subject to the same laws and entitled to the same compensation as is or may be provided by law in relation to existing land offices and officers of said Territory. [January 21, 1880.] Applications for patents for mineral lands, &c., may be made by agent when claimant resides out of dis trict. R. S., § 2325. -pending cases. On unpatented law to commence January 1, after location. CHAP. 9.-An act to amend sections twenty-three hundred and twenty-four and twentythree hundred and twenty-five of the Revised Statutes of the United States concerning mineral lands. Be it enacted, &c., That section twenty-three hundred and twentyfive of the Revised Statutes of the United States be amended by adding thereto the following words: "Provided, That where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits: And provided, That this section shall apply to all applications now pending for patents to mineral lands." SEC. 2. That section twenty-three hundred and twenty-four of the claims year's Revised Statutes of the United States be amended by adding the folwork required by lowing words: "Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two." [January 22, 1880.] R. S., § 2324. 1875, Feb. 11,ch. 41, ante, p. 62. CHAP. 13.—An act authorizing the Secretary of the Treasury to appoint a deputy collector at Be it enacted, &c., That the Secretary of the Treasury be and is hereby authorized to appoint a deputy-collector or other suitable Officer at Seaford, Sussex County, Delaware, who shall have power to enter and clear all vessels coming to that port; And the salary of such officer shall not exceed the sum of five hundred dollars per annum. [January 24, 1880.] Jan. 29, 1880. 21 Stat. L., 62. Judicial dis tricts of Georgia. 1889, Feb. 15, ch. 168, post, p. 643. Southern district divided. R. S., § 535. 1882, April 25. ch. 87, and note, post, p. 336. CHAP. 17.-An act to provide for circuit and district courts of the United States at Macon, Be it enacted, &c., That the counties of Pike, Butts, and Jasper, heretofore composing a part of the northern district of Georgia, be transferred to, and henceforth form a part of, the southern district of Georgia. SEC. 2. Said southern district shall be, and hereby is, divided into two divisions, to be known as the eastern and the western divisions of the southern district of Georgia. The western division shall consist of forty-three counties, to wit: -western divi- Bibb, Monroe, Jones, Twiggs, Houston, Crawford, Baldwin, Wilkinson, Laurens, Pulaski, Dooly, Macon, Taylor, Upson, Pike, Butts, sion. 1891, March 3, Jasper, Putnam, Hancock, Warren, Dodge, Wilcox, Telfair, Sumter, The eastern division shall consist of the remaining counties in said district. No additional clerk or marshal shall be appointed in said district. SEC. 3. A term of the circuit court and of the district court for the southern district of Georgia shall be held at Macon in said State on the first Mondays of May and October in each year. ion. eastern divis No additional clerk or marshal. Term of circuit court at Macon. R. S., § 572, 658. Suits in circuit SEC. 4. All suits not of a local nature in the circuit and district courts against a single defendant, inhabitant of said State, must be and district courts; brought in the division of the district where he resides; but if there in which division are two or more defendants residing in different divisions of the dis- to be brought. trict, such suits may be brought in either division. All issues of fact in said suits shall be tried at a term of the court held in the division where the suit is so brought. R. S., § 740. Issues of fact; where to be tried. Prosecutions for SE. 5. Prosecutions for crimes or offenses hereafter committed in either of the sub-divisions shall be cognizable within such division; offenses; in which and all prosecutions for crimes or offenses heretofore committed division to be comwithin either of said counties, taken as aforesaid from the northern menced. district, or committed in the southern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed. SEC. 6. [Relates to pending cases.] SEC. 7. In all cases of removal of suits from the courts of the Removal of suits State of Georgia to the courts of the United States in the southern from State courts district of Georgia such removal shall be to the United States courts in Georgia to what in the division in which the county is situated from which the removal is made; And the time within which the removal shall be perfected, in so far as it refers to, or is regulated by, the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division. SEC. 8. All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions herein before. contained, issued in either of said divisions may be served and executed in either or both of the divisions. SEC. 9. This act shall be in force from and after the first day of July anno Domini, eighteen hundred and eighty. division. Residence of ju rors. Process from either division may be served in the other. When act takes effect. All acts and parts of acts inconsistent herewith are hereby repealed. Repeal. [January 29, 1880.] CHAP. 18.—An act to provide for circuit and district courts of the United States at Columbus, Be it enacted, &c., That the counties of Union, Delaware, Morrow, Knox, Coshocton, Harrison, and Jefferson, heretofore composing a part of the northern district of Ohio, be transferred to, and henceforth form a part of, the southern district of Ohio. SEC. 2. A term of the circuit court and of the district court for the southern district of Ohio shall be held at Columbus in said State on the first Tuesday of the months of June and December in each year. SEC. 3. Said southern district shall be, and hereby is, divided into two divisions, to be known as the eastern and the western division of the southern district of Ohio. Feb. 4, 1880. 21 Stat. L., 63. Ohio. Counties transferred to southern judicial districts. R. S., § 544. Terms of circuit court at Colum bus. R. S., S$572, 658. Southern district divided. The eastern division shall consist of twenty-nine counties, to wit: eastern diviUnion, Delaware, Morrow, Knox, Coshocton, Harrison, Jefferson, sion. Madison, Fayette, Franklin, Pickaway, Ross, Pike, Gallia, Jackson, 1891, March 2, Meigs, Vinton, Athens, Hocking, Fairfield, Licking, Perry, Muskinch.493, post, p.900. gum, Morgan, Washington, Noble, Monroe, Belmont, and Guernsey; And the western division shall consist of the remaining counties in said district. western divi sion. Clerk and mar shal. 6 Fed. Rep., 599. Suits in which division to be brought and where issues to be tried. R. S., § 740. Prosections for menced. But no additional clerk or marshal shall be appointed in said district. SEC. 4. All suits not of a local nature in the circuit and district courts against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district, such suits may be brought in either division. All issues of fact in said suits shall be tried at a term of the court held in the division where the suit is so brought. SEC. 5. All prosecutions for crimes or offenses hereafter committed offenses; in which in either of the sub-divisions shall be cognizable within such dividivision to be com- sion; and all prosecutions for crimes or offenses heretofore committed within either of said counties taken as aforesaid from the northern district, or committed in the southern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed. Residence of ju rors. Process from either division may be served in the other. Removal of suits to which division. SEC. 6. [Relates to pending cases.] SEC. 7. All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process subject to the provisions herein before contained issued in either of said divisions may be served and executed in either or both of the divisions. SEC. 8. In all cases of removal of suits from the courts of the from State courts; State of Ohio to the courts of the United States in the southern district of Ohio, such removal shall be to the United States courts in the division in which the county is situated from which the removal is made: When act takes effect. Repeal. And the time within which the removal shall be perfected in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division. SEC. 9. This act shall be in force from and after the first day of March, anno Domini eighteen hundred and eighty; And all acts and parts of acts inconsistent herewith are hereby repealed. [February 4, 1880.] Feb. 14, 1880. 21 Stat. L., 65. banks. 5154, 5185. CHAP. 25.-An act authorizing the conversion of national gold banks. National gold Be it enacted, &c., That any national gold bank organized under banks may be the provisions of the laws of the United States, may, in the manner come currency and subject to the provisions prescribed by section fifty-one hundred R. S., SS 5133, and fifty-four of the Revised Statutes of the United States, for the conversion of banks incorporated under the laws of any State, cease 1882, July 12, to be a gold bank, and become such an association as is authorized ch. 290, and note, by section fifty-one hundred and thirty-three, for carrying on the business of banking, and shall have the same powers and privileges, and shall be subject to the same duties, responsibilities, and rules, in all respects, as are by law prescribed for such associations: Date of organization certificates. Provided, That all certificates of organization which shall be issued under this act shall bear the date of the original organization of each bank respectively as a gold bank. [February 14, 1880.] |