June 1, 1870. CHAP. CXVII. — An Act to repeal the Preamble of an Act in Relation to the National Be it enacted by the Senate and House of Representatives of the United National Theo- States of America in Congress assembled, That the preamble to an act logical Institute. entitled "An act declaring the construction of An act to incorporate the National Theological Institute,' approved May tenth, eighteen hundred Repeal of pre- and sixty-six, and also 'An act to amend an act entitled 'An act to incorporate the National Theological Institute and to define and extend the powers of the same,"" approved April twenty-second, eighteen hundred and seventy, be, and the same is hereby, repealed. amble to 1870, ch. 62. Ante, p. 93. June 1, 1870. APPROVED, June 1, 1870. CHAP. CXVIII. — An Act to authorize the Reduction of the Width of an Alley in Square Be it enacted by the Senate and House of Representatives of the United Width of an States of America in Congress assembled, That the mayor, board of alderalley in, &c. may be reduced. men, and board of common council of the city of Washington be, and they hereby are, authorized to reduce the width of the public alley entering square number three hundred and seventy-six, from Ninth Street west, from its present width of twelve feet, to the width of seven feet, and that the portion which will be restored to individual property by such reduction be added to the lot number twenty-two, from which the entire alley was originally taken. Addition to lot, &c. June 6, 1870. Deficiency appropriation for year ending June 30, 1870. APPROVED, June 1, 1870. CHAP. CXXIII. -An Act to supply a Deficiency in the Appropriation for Compensation and Mileage of Members of the House of Representatives and Delegates from Territories, for the fiscal Year ending June thirty, in the Year eighteen hundred and seventy, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of five hundred thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated for the compensation and mileage of memCompensation bers of the House of Representatives and delegates from Territories, to supply deficiency of appropriations for the fiscal year ending June thirtieth, eighteen hundred and seventy. and mileage of members and delegates. Collection of revenue from customs. June 7, 1870. SEC. 2. And be it further enacted, That the sum of one million four hundred thousand dollars be, and the same is hereby, appropriated to supply a deficiency in the appropriation for the expenses of collecting the revenue from customs for the fiscal year ending June thirty, eighteen hundred and seventy; and that the sum of twenty thousand dollars be appropriated for the payment of fees to special counsel in such cases wherein the United States are parties in interest, as the Secretary of the Treasury may deem it necessary and proper to employ the same, to be disbursed under his direction. APPROVED, June 6, 1870. CHAP. CXXIV. — An Act to fix the Salary of the Bailiff of the Court of Claims. Be it enacted by the Senate and House of Representatives of the United Salary of bailiff States of America in Congress assembled, That from and after the passage of this act the annual salary of the bailiff of the court of claims shall be at the rate of fifteen hundred dollars per annum, to be paid as now provided by law. of court of claims established. APPROVED, June 7, 1870. CHAP. CXXV. — An Act to establish_certain Post-Roads in the State of Alabama, and June 8, 1870. for other Purposes. Drawbridge may be erected over the Alabama river, near Selma; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress be, and the same is hereby, given to the erection of a drawbridge over the Alabama river, near the city of Selma, by the Western Railroad Company of the State of Alabama, in accordance with an act of the legislature of said State incorporating said company. SEC. 2. And be it further enacted, That the consent of Congress be, and above the and the same is hereby, given to the erection of a drawbridge over the city of Montsaid river, above the city of Montgomery, by the South and North Alabama Railroad Company, in accordance with the act of the legislature incorporating said company: Provided, That said drawbridges shall be respectively constructed so as to cross the streams at right angles with the current, and the approaches to such draws shall be protected by piers or other means that boats may enter the draws with safety in such manner otherwise as not materially or substantially to obstruct the free navigation of said river. gomery. Proviso. Assent of Con SEC. 3. And be it further enacted, That Congress reserves the right to withdraw the assent hereby given, as to either or both of said companies, gress may be withdrawn, if, in case the free navigation of the said river shall be at any time materially &c. or substantially obstructed by either or both of said bridges. SEC. 4. And be it further enacted, That said bridges, when completed Bridges to be in the manner specified in said acts of incorporation, shall be deemed and post-roads. taken to be legal structures, and shall, with the railroads of which they are parts, be post-roads for the transmission of the mails of the United States. APPROVED, June 8, 1870. June 11, 1870. Persons claim ing title to the Hot Springs reservation in Ar CHAP. CXXVI. — An Act in Relation to the Hot Springs Reservation in Arkansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person claiming title, either legal or equitable, to the whole or any part of the four sections of land constituting what is known as the Hot Springs reservation in Hot Springs county, in the State of Arkansas, may institute against the United kansas may States in the court of claims, and prosecute to final decision, any suit the court of that may be necessary to settle the same: Provided, That no such suits claims to settle shall be brought at any time after the expiration of ninety days from the passage of this act, and all claims to any part of said reservation upon brought within which suit shall not be brought under the provisions of this act within ninety days. that time shall be forever barred. bring suit in the same; suits to be ducted. SEC. 2. And be it further enacted, That all such suits shall be by Form of suits petition in the nature of a bill in equity, and shall be conducted and and how condetermined in all respects, except as herein otherwise provided, according to the rules and principles of equity practice and jurisprudence in the other courts of the United States; and for the purposes of this act the court of claims is hereby invested with the jurisdiction and powers exercised by courts of equity so far as may be necessary to give full relief in any suit which may be instituted under the provisions of this act. Jurisdiction of court of claims. Notice of suit. SEC. 3. And be it further enacted, That notice of every suit authorized by this act shall be executed by the delivery of a true copy thereof with a copy of the petition to the Attorney-General, whose duty it shall be, for and in behalf of the United States, to demur to or answer the petition therein, within thirty days after the service of such process upon him, un- days. less the court shall for good cause shown grant further time for filing the same. Attorney-Gen&c. within thirty eral to answer, SEC. 4. And be it further enacted, That if two or more parties claiming Proceedings where parties claim same lands under different the same lands under different rights shall institute separate suits under the provisions of this act, such suits shall be consolidated and tried torights, and insti- gether, and the court shall determine the question of title and grant all proper relief as between the respective claimants as well as between each of them and the United States. tute different suits. If the decision a receiver. Duty of re ceiver; bond; account; compensation; how may be compelled to do his duty. SEC. 5. And be it further enacted, That if, upon the final hearing of any is in favor of the cause provided for in this act, the court shall decide in favor of the United United States, court to appoint States, it shall order such lands into the possession of a receiver to be appointed by the court, who shall take charge of and rent out the same for the United States, until Congress shall by law direct how the same shall be disposed of, which said receiver shall execute a sufficient bond to be approved by the court, conditioned for the faithful performance of his duties as such, render a strict account of the manner in which he shall have discharged said duties, and of all moneys received by him as a receiver as aforesaid, which shall be by said court approved or rejected accordingly as it may be found correct or not, and pay such moneys into the treasury of the United States; and he shall receive such reasonable compensation for his services as said court may allow, and in case of a failure of said receiver to discharge any duty devolving upon him as such, the court shall have power to enforce the performance of the same If decision is by rule and attachment. But if the court shall decide in favor of any in favor of claim- claimant, both as against the United States and other claimants, it shall so decree, and proceed by proper process to put such successful claimant in possession of such portion thereof as he may be thus found to be entitled to, and upon the filing of a certified copy of such decree with the Secretary of the Interior, he shall cause a patent to be issued to the party in whose favor such decree shall be rendered for the lands therein adjudged to him: Provided, That either party may within ninety days after the rendition of any final judgment or decree in any suit authorized by this act, carry such suit by appeal to the Supreme Court of the United Jurisdiction of States, which court is hereby vested with full jurisdiction to hear and determine the same on such appeal, in the same manner and with the same effect as in cases of appeal in equity causes from the circuit courts of the United States: And provided further, That in case the judgment or decree of the court of claims in any such suit shall be adverse to the United States, the Attorney-General shall prosecute such appeal within the time above prescribed; and the taking of an appeal from any such judgment or decree shall operate as a supersedeas thereof until the final hearing and judgment of the Supreme Court thereon. ant, he is to be put in possession; patent to be issued. Either party may appeal to Supreme Court. the court. Duty of Attorney-General in case of appeal. Effect of appeal. J. G. BLAINE, Speaker of the House of Representatives. Vice-President of the United States and President of the Senate. Received by the President, May 31, 1870. [NOTE BY THE DEPARTMENT of State. The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law; without his approval.] June 14, 1870. CHAP. CXXVII.-— An Act to establish the Collection District of Willamette, in the State of Oregon. Be it enacted by the Senate and House of Representatives of the United Willamette States of America in Congress assembled, That all that portion of the discustoms collec-trict of Oregon, situated above the junction of the Willamette and Columtablished in Ore- bia rivers, and drained by said rivers and their tributary waters, is hereby constituted a collection district, to be called the Willamette district, where tion district es gon. Collector; resi of Portland shall be the port of entry; and a collector shall be appointed, Portland to bo for said district, to reside at Portland; and said collector shall be allowed port of entry. a salary of one thousand dollars per annum, with the fees allowed by dence, salary, law; such salary and fees not to exceed in any one year three thousand &c. Vol. xvii. p. 16. dollars. Masters of ves Columbia river Vessels clear land and bound SEC. 2. And be it further enacted, That the master of every vessel entering the Columbia river from the sea, and bound for Portland, shall sels entering the exhibit his papers to the collector of the port of Astoria and deposit with from the sea, and him a sworn copy of the manifest of cargo; and if said vessel be laden bound for Portwith domestic merchandise or merchandise in bond for Portland, the col- land, to do what. lector at Astoria shall permit her to proceed to her place of destination; but if she shall have dutiable merchandise on board not bonded, he shall Customs officer cause a customs officer to proceed on board said vessel to Portland, who to go on board, if, &c. shall see that no goods are landed from such vessel before her arrival and entry at the latter port. And the necessary expenses, including the per Expenses. diem of such officer and the expense of his return to Astoria, shall be paid by the master of such vessel to the collector of customs at Portland, for the use of the United States, before permit shall be given to unload. SEC. 3. And be it further enacted, That all vessels clearing from Portland, and bound to sea, shall on arrival at Astoria report to the collector, ing from Portand the master of every vessel so reporting shall leave a copy of his man- to sea. ifest, including any additional cargo taken on board after leaving Portland, with the collector at Astoria, and thereupon shall be allowed to proceed to sea. And the master or other person in charge or command of any vessel entering the Columbia river from the sea, or clearing from Portland and bound to sea as hereintofore described, who shall neglect to exhibit his papers or to report to the collector or to deposit his manifest as herein required, shall forfeit and pay the sum of one hundred dollars. SEC. 4. And be it further enacted, That when a vessel shall arrive at Astoria from sea having merchandise on board for that place and also for ing at Astoria Portland, such vessel shall enter at Astoria and discharge such portion of merchandise for her cargo as is destined for that place, whereupon the collector shall cause that place and her hatches to be closed and sealed, and shall then permit her to proceed to Portland in charge of a customs officer as herein before provided. APPROVED, June 14, 1870. Penalty upon those in charge of vessel for neglect, &c. Vessels arriv from sea with Portland. June 14, 1870. Credits for CHAP. CXXVIII. — An Act to regulate Credits to Prisoners for good Behavior. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That prisoners who are now or who may hereafter be confined in prisons of any of the States, as punish- good behavior to prisoners senment for crimes of which they have been convicted and sentenced by tenced by courts courts of the United States, shall hereafter be entitled to the same system of the United of credits for good behavior as other prisoners confined in the same prison. 1867, ch. 146. And hereafter the act approved March two, eighteen hundred and sixty- Vol. xiv. p. 424. seven, entitled "An act in relation to persons imprisoned under sentence for offenses against the United States," shall only apply to such persons as are confined in prisons where no credits for good behavior are allowed. APPROVED, June 14, 1870. States. An Act to provide for the Appointment of an Assistant Treasurer of June 15, 1870. the United States at Baltimore. treasurer of the United States authorized at Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the officers An assistant provided for in the fifth section of the act approved August six, eighteen hundred and forty-six, entitled "An act to provide for the better organization of the treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue," there shall be appointed Vol. ix. p. 60. an assistant treasurer of the United States, to be located in the city of Baltimore. Appointment, Baltimore, in the State of Maryland; and such assistant treasurer shall duties, &c. be appointed in like manner, for like time, and be subject to all the provisions of law to which the other assistant treasurers provided for in said fifth section are subject. Rooms, vaults, and safes. assistant treas SEC. 2. And be it further enacted, That there shall be prepared within the custom-house of the city of Baltimore, in the State of Maryland, suitable and convenient rooms for the use of the assistant treasurer herein authorized, and sufficient and secure fire-proof vaults and safes for the keeping of the public moneys collected and deposited with him; Duties of the and the said assistant treasurer shall have the custody and care of said rooms, vaults, and safes, respectively, and of all the public moneys deposited therein, and shall perform all the duties required to be performed by United States assistant treasurers in reference to the receipt, safe-keeping, transfer, and disbursements of such moneys: Provided, Existing rooms That the rooms and vaults now used by the United States designated and vaults to be depositary at Baltimore, shall be set apart for the purposes named in this section, as far as they may be applicable. urer. used as far as possible. Designation of customs at Bal SEC. 3. And be it further enacted, That upon the appointment and the collector of qualification of said assistant treasurer, the Secretary of the Treasury timore as deposi- shall revoke the designation as a United States depositary of the collector of customs at Baltimore, and shall direct the transfer of all the books, accounts, vouchers, property, and public moneys in the office of said depositary to the office of said assistant treasurer. tary to be re voked, upon, &c. Salary. SEC. 4. And be it further enacted, That the assistant treasurer directed by this act to be appointed shall receive a salary of five thousand dollars per annum, to be paid quarter-yearly at the treasury of the United States; which salary shall be in full for all his services, and a sufficient Appropriation. amount to pay said salary until June thirtieth, eighteen hundred and seventy-one, is hereby appropriated. Clerks and messengers. SEC. 5. And be it further enacted, That the United States assistant treasurer herein provided for, with the approval of the Secretary of the Treasury, may appoint the same number of clerks and messengers in his office, and at the same compensation, as is now provided by law for the office of the United States depositary in Baltimore; and all unexAppropriations pended balances of moneys heretofore appropriated, or that may hereafter be appropriated, for the payment of the clerks and messengers in the office of said depositary, shall be applied to the payment of the clerks and messengers appointed in the office of the assistant treasurer under this act. therefor. SEC. 6. And be it further enacted, That there shall be appropriated Appropriation and paid, out of any money in the treasury not otherwise appropriated, for repairs, addi- the sum of one thousand dollars, to be expended under the direction of tions, &c. to rooms, vaults, &c. the Secretary of the Treasury in such repairs and additions as may be June 17, 1870. CHAP. CXXX.- An Act to regulate the Salaries of chief Justices and associate Justices Salaries of chief justices and associates in the Territories established. See Post, p. 813. in the Territories. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act the salaries of the chief justices and associate justices of the Territories of New Mexico, Washington, Wyoming, Arizona, Colorado, Montana, Idaho, Dakota, and Utah, shall be three thousand dollars each per annum. APPROVED, June 17, 1870. |