bezzled, stolen, or purloined, shall be punished therefor by imprison- R. S., SS 5439, ment at hard labor in the penitentiary not exceeding five years, or 5453, 5475, 5477, by a fine not exceeding five thousand dollars, or both, at the dis- 5483, 5488-5496, cretion of the court before which he shall be convicted. 5504. SEC. 2. That if any person shall receive, conceal, or aid in con- Receivers, concealing, or have, or retain in his possession with intent to convert to cealers, &c., of his own use or gain, any money, property, record, voucher, or valu- stolen public property; how punable thing whatever, of the moneys, goods, chattels, records, or ished. property of the United States, which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall be convicted; And such receiver may be tried either before or after the convic- may be tried betion of the principal felon, but if the party has been convicted, then fore or after conviction of princithe judgment against him shall be conclusive evidence in the prose- pal. cution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined. [March 3, 1875.] CHAP. 145.—An act to provide for deductions from the terms of sentence of United States prisoners. March 3, 1875. 138 Stat. L., 479. Convicts for of United States laws Be it enacted, &c., That all prisoners who have been, or shall hereafter be, convicted of any offence against the laws of the United fenses against States, and confined, in execution of the judgment or sentence upon to have deduction such conviction, in any prison or penitentiary of any State or Ter- from sentence for ritory which has no system of commutation for its own prisoners, good conduct in shall have a deduction from their several terms of sentence of five prison, days in each and every calendar month during which no charge of 5544. R. S., §§ 5543, misconduct shall have been sustained against each severally, who 1890, March 15, shall be discharged at the expiration of his term of sentence less the ch. 33, post, p. 708. time so deducted, and a certificate of the warden or keeper of such 1891, March 3, ch. prison penitentiary of such deduction shall be entered on the war529. § 8,post,p,909. 14 Blatch., 344. rant of commitment: 37 Fed. R., 649. Provided, That, if during the term of imprisonment the prisoner -unless they comshall commit any offence for which he shall be convicted by a jury, mit offenses durall remissions theretofore made shall be thereby annulled. ing their term. SEC. 2. That on the discharge from any prison of any person con--to be furnished victed under the laws of the United States on indictment, he or she with clothes and shall be provided by the warden or keeper of said prison with one money in certain plain suit of clothes and five dollars in money, for which charge1891, March 3, shall be made and allowed in the accounts of said prison with the ch. 529, § 6, post, United States: Provided, That this section shall not apply to persons sentenced for a term of imprisonment of less than six months. [March 3, 1875.] cases. p. 909. CHAP. 146.-An act to change the name of the port of Nobleboro to Damariscotta. March 3, 1875. 18 Stat. L., 480. Port Nobleboro, Me., to be Damariscotta. R. S.. § 2517, par. 8. 1878, June 20, ch. 366, post, p. 203. 1881, Feb. 17, ch. 60, post, p. 316. 1886, May 17, ch. 339, post, p. 491. March 3, 1875. CHAP. 147.-An act authorizing the appointment of gaugers for the customs service at the port of Philadelphia. Be it enacted, &c., That the Secretary of the Treasury be, and he for port of Phila- is hereby, authorized to appoint three gaugers for the customs service delphia to be appointed; compen- at the port of Philadelphia from the list of officers now under appointment as inspectors, whose compensation shall be the same as R. S., § 2544, that paid to the gaugers of the port of Boston: sation, &c. par. 1. Provided, That the number of officers or employees in the customs service at said port of Philadelphia shall not be hereby increased. [March 3, 1875.] March 3, 1875. 18 Stat. L., 480. Perry County, Tenn., added to middle judicial district. R. S., § 547. When act takes effect. CHAP. 148.-An act to transfer the county of Perry, in the State of Tennessee, from the western to the middle judicial district of the United States in said State. Be it enacted, &c., That the county of Perry, in the western judicial district of the United States, in the State of Tennessee, be, and the same is hereby set to, and shall hereafter compose a part of the middle judicial district of the United States in said State; and all cases now commenced or depending in said western district, affected by this act, shall be heard, tried and determined in the same manner as if this act had not been passed; and the prosecution of all crimes heretofore committed in said western district shall be prosecuted and punished in the same manner as if this act had not been passed. SEC. 2. That this act shall take effect on the fourth Monday of May, eighteen hundred and seventy-five. [March 3, 1875.] March 3, 1875. 18 Stat. L., 481. Judgments and Be it enacted, &c., That when any final judgment recovered against claims against United States sub- the United States or other claim duly allowed by legal authority, ject to offsets of shall be presented to the Secretary of the Treasury for payment, and debts from credit- the plaintiff or claimant therein shall be indebted to the United ors; proceedings States in any manner, whether as principal or surety, it shall be the in such cases. duty of the Secretary to withhold payment of an amount of such 1089, 1766, 4734. judgment or claim equal to the debt thus due to the United States; 14 C. Cls., 484: 17 and if such plaintiff or claimant assents to such set off, and disC. Cls.,322:10 Fed. charges his judgment or an amount thereof equal to said debt or Rep., 83: 30 Fed. claim, the Secretary shall execute a discharge of the debt due from Rep. 605; 119 U. the plaintiff to the United States. CHAP. 149.-An act to provide for deducting any debt due the United States from any judgment recovered against the United States by such debtor. S., 480. proceedings when claimant denies legality of setoff. Balance, how paid when claimant obtains judg ment against United States. But if such plaintiff, or claimant, denies his indebtedness to the United States, or refuses to consent to the set-off, then the Secretary shall withhold payment of such further amount of such judgment, or claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judg ment. And if such debt is not already in suit, it shall be the duty of the Secretary to cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amount so withheld as before provided, the balance shall then be paid over to such plaintiff by such Secretary with six per cent interest, thereon for the time it has been withheld from the plaintiff. [March 3, 1875.] CHAP. 150.—An act to make East Pascagoula, in the State of Mississippi, a port of delivery in the district of Pearl River. Be it enacted, &c., That from and after the passage of this act East Pascagoula, in the State of Mississippi, in the district of Pearl River, shall be a port of delivery for said district. [March 3, 1875.] CHAP. 151.-An act to protect ornamental and other trees on Government reservations and on lands purchased by the United States, and for other purposes. trees on lands of Be it enacted, &c., That if any person or persons shall knowingly Cutting or injurand unlawfully cut, or shall knowingly aid, assist, or be employed ing, unlawfully, in unlawfully cutting, or shall wantonly destroy or injure, or pro- United States.&c.; cure to be wantonly destroyed or injured, any timber-tree or any how punished. shade or ornamental tree, or any other kind of tree, standing, R.S.. § 2461, 2475. growing, or being upon any land of the United States, which, in pur- 1876, April 29, ch. suance of law, have been reserved, or which have been purchased 86, post, p. 100. by the United States for any public use, every such person or persons 1882, July 1, ch. so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such offense, pay a fine not exceeding five hundred dollars, or shall be imprisoned not exceeding twelve months. 258, post, p. 349. States; how pun SEC. 2. That if any person or persons shall knowingly and unlaw- Breaking fences, fully break or destroy any fence, wall, hedge, or gate inclosing any walls, &c., incloslands of the United States, which have, in pursuance of any law, ing lands of United been reserved or purchased by the United States for any public use, ished. every such person so offending, on conviction, shall, for every such 1885, Feb. 25, ch. offense, pay a fine not exceeding two hundred dollars, or be impris- 149, post, p. 477. oned not exceeding six months. SEC. 3. That if any person or persons shall knowingly and unlaw- Breaking fences fully break, open, or destroy any gate, fence, hedge, or wall inclosing and driving cattle, any lands of the United States, reserved or purchased as aforesaid, cattle to enter on &c., or permitting and shall drive any cattle, horses, or hogs upon the lands aforesaid lands of United for the purpose of destroying the grass or trees on said grounds, or States; how punwhere they may destroy the said grass or trees, or if any such person ished. or persons shall knowingly permit his or their cattle, horses, or hogs to enter through any of said inclosures upon the lands of the United States aforesaid, where the said cattle, horses or hogs may or can destroy the grass or trees or other property of the United States on the said land, every such person or persons so offending, on conviction, shall pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding twelve months: Act not to apply homestead or min Provided, That nothing in this act shall be construed to apply to unsurveyed public lands and to public lands subject to pre-emption to lands subject to and homestead laws, or to public lands subject to an act to promote ing laws, &c. the development of the mining resources of the United States, ap- R. S., SS 2289proved May tenth, eighteen hundred and seventy-two. (1) [March 2317, 2318-2337. 3, 1875.] NOTE. (1) The act of 1872, ch. 152 (17 Stat. L., 91), is incorporated into Revised Statutes, §§ 2318-2337 CHAP. 152.-An act granting to railroads the right of way through the public lands of the March 3, 1875. 18 Stat. L., 482. Right of way Be it enacted, &c., That the right of way through the public lands of the United States is hereby granted to any railroad company duly through public organized under the laws of any State or Territory, except the Dis- lands, materials, trict of Columbia, or by the Congress of the United States, which &c., granted to station-grounds, shall have filed with the Secretary of the Interior a copy of its arti- railroads. 5262. R. S., $$ 5256- cles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; Rights of several roads through cañon, pass.or defile, and crossing other roads at grade. Wagon roads how affected. Also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; Also ground adjacent to such right of way for station-buildings, depots, machine shops, side-tracks, turn-outs, and water-stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. SEC. 2. That any railroad company whose right of way, or whose track or road-bed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, and highways; or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; And where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. SEC. 3. That the legislature of the proper Territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section three of the act entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four. SEC. 4. That any railroad-company desiring to secure the benefits of this act, shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior the same shall be noted upon' the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. SEC. 5. That this act shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands especially reserved from sale, unless such right of way shall be provided for by treaty-stipulation or by act of Congress heretofore passed. SEC. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof. [March 3, 1875.] CHAP. 153.—An act to amend sections one thousand six hundred and seventy-five, one thou- "SEC. 1675. Ambassadors and envoys extraordinary and ministers plenipotentiary shall be entitled to compensation at the rates following, per annum, namely: Those to France, Germany, Great Britain, and Russia, each, seventeen thousand five hundred dollars. "Those to Austria, Brazil, China, Italy, Japan, Mexico, and Spain, each, twelve thousand dollars. "Those to all other countries, unless where a different compensation is prescribed by law, each, ten thousand dollars. "And, unless when otherwise provided by law, ministers resident and commissioners shall be entitled to compensation at the rate of seventy-five per centum, chargés d'affaires at rate of fifty per centum, and secretaries of legation at the rate fifteen per centum, of the amounts allowed to ambassadors, envoys extraordinary, and ministers plenipotentiary to the said countries respectively; except that the secretary of legation to Japan shall be entitled to compensation at the rate of twenty-five hundred dollars per annum. "The second secretaries of the legations to France, Germany, and of second secreGreat Britain shall be entitled to compensation at the rate of two taries of legation. thousand dollars each per annum.' [Rest of act superseded or repealed, 1879, Jan. 27, ch. 28, and note, post, p. 209; 1885, Feb. 25, ch. 150, par. 1, post, p. 478; and 1891, March 3, ch. 545, (26 Stat. L., 1053).] [March 3, 1875.] NOTE. (1) This act has been incorporated into the second edition of the Revised Statutes in the proper sections. CHAP. 154.-An act to amend section numbered three thousand three hundred and forty-two of the Revised Statutes of the United States in relation to affixing stamps on brewers' casks, Be it enacted, &c., That section numbered three thousand three hundred and forty-two of the Revised Statutes be amended so as to read as follows: (1) That every brewer shall obtain, from the collector of the district in which his brewery or brewery-warehouse is situated, and not otherwise unless such collector shall fail to furnish the same upon application to him, the proper stamps, and shall affix, upon the spigot-hole in the head of every hogshead, barrel, keg, or other receptacle in which any fermented liquor is contained, when sold or removed from such brewery or warehouse, (except in case of removal under permit, as hereinafter provided,) a stamp denoting the amount of the tax required upon such fermented liquor, which stamp shall be destroyed by driving through the same the faucet through which the liquor is to be withdrawn, or an air-faucet of equal size, at the time the vessel is tapped, in case the vessel is tapped through the other spigot-hole, (of which there shall be but two, one in the head and one in the side,) and shall, also, at the time of affixing such stamp, cancel the same by writing or imprinting thereon the name of the person, firm, or corporation by whom such liquor was made, or the initial letters thereof, and the date when canceled. March 3, 1875. 18 Stat. L., 484. Brewers'stamps, how procured, affixed, and canceled. Substitute for R. S., § 3342. Penalty for neg Every brewer who refuses or neglects to affix and cancel the stamps required by law in the manner aforesaid, or who affixes a false or lect by brewers. fraudulent stamp thereto, or knowingly permits the same to be done, shall pay a penalty of one hundred dollars for each barrel or package on which such omission or fraud occurs, and be imprisoned not more than one year. [March 3, 1875.] NOTE. (1) This act is incorporated in § 3342 of the second edition of the Revised Statutes. |