exercise such powers as are or may be conferred by virtue of the general equity jurisdiction of the court. ceeds. SEC. 2. That the court, in all cases, in decreeing partition, may, if it Sale of property; satisfactorily appears that said lands and tenements, or any estate or division of prointerest therein, cannot be divided without loss or injury to the parties interested, decree a sale thereof, and a division of the money arising from such sale among the parties, according to their respective rights and interests. SEC. 3. That in all such sales, unless the court shall by special order direct or require on good cause shown, that the sale be made for cash, the purchase money shall be payable, one third on day of sale, one third in one year, and one-third in two years thereafter, with interest, the deferred payments to be secured to the parties, according to their respective interests, by good and sufficient mortgage upon the premises so sold, which shall be subject to the approval of the court. Approved, August 15, 1876. Terms of sale. CHAP. 298.-An act to provide for the payment of a full months wages to certain of the employees recently permanently discharged from the service of the Bureau of Engraving and Printing. Aug. 15, 1876. 1876, ch. 246, Ante, p. 116. One month's ex Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the clause in the act, entitled "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven, and for other purposes" approved July thirty first, eighteen hundred and seventy six, appropriating "twenty five thousand dollars," for the purpose of paying each of the employees recently furloughed and finally permanently discharged from service in the Bureau of Engraving "and Printing" "one months pay" is hereby so amended tra pay to furas to read, twenty-nine thousand five hundred dollars, in lieu of "twenty of Bureau of Enloughed employés five thousand dollars" and the entire sum shall be paid out in accord- graving and Printance with the provisions of said clause and with the further provision ing. that said sum shall be distributed in payments only to said employees, whose wages did not exceed three dollars per diem, whether by monthly or daily rate of payment. Approved, August 15, 1876. To whom paid. CHAP. 299.—An act authorizing the Secretary of the Treasury to use the surplus of certain moneys heretofore appropriated for a site for public buildings of Harrisburgh, Pennsylvania. Aug. 15, 1876. Post, p. 352. Public buildings at Harrisburgh,Pa. 1875, ch. 163, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after purchasing the site and obtaining a valid title to the land authorized to be purchased for public buildings at Harrisburgh, Pennsylvania, by the act of March third, eighteen hundred and seventy-five, the Secretary of the Treasury is bereby authorized and directed to use any moneys left of the appropriation made by said act of Congress for the improvement of the prem- appropriation for ises so purchased, with a view to the use of the same as a post-office and Government offices, as named in the said act. Approved, August 15, 1876. site. CHAP. 300.-An act to regulate the issue of artificial limbs to disabled soldiers, seamen, and others. Aug. 15, 1876. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every officer, soldier, seaman and marine, who, in the line of duty, in the military or naval service to of the United States, shall have lost a limb, or sustained bodily injuries, sailors. Artificial limbs soldiers and muted. When and how depriving him of the use of any of his limbs, shall receive once every furnished or com- five years an artificial limb or appliance, or commutation therefor, as provided and limited by existing laws, under such regulations as the Surgeon General of the Army may prescribe; and the period of five years shall be held to commence with the filing of the first application after the seventeenth day of June, in the year eighteen hundred and seventy. Transportation to be furnished. 1874, ch. 298, 18 Stat., 78. Aug. 15, 1876. Increase of cavalry enlistments. Limit. 1876, ch. 226, Ante, p. 97. When Army to SEC. 2. That necessary transportation to have artificial limbs fitted shall be furnished by the Quartermaster-General of the Army, the cost of which shall be refunded out of any money appropriated for the purchase of artificial limbs: Provided That this act shall not be subject to the provisions of an act entitled "an act to increase pensions," approved June eighteenth, eighteen hundred and seventy-four. Approved, August 15, 1876. CHAP. 301.-An Act An act to increase the cavalry force of the United States, to aid in suppressing Indian hostilities Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, empowered to increase the number of enlisted men to one bundred for each company of such regiments of cavalry as may be employed in existing Indian hostilities and as in his opinion may require the same: Provided, That not more than twentyfive hundred enlisted men shall thus be added at any one time to the twenty five thousand authorized by the act approved July twenty-fourth, eighteen hundred and seventy-six, making appropriations for the sup port of the Army for the fiscal year ending Juue thirtieth, eighteen hundred and seventy-seven:" And provided further, That on the cessation of existing Indian hostilities, the number of enlisted men in the Army shall be reduced to the number now established by law; and provided that the reduction shall not be made from the cavalry force of Appropriations the Army; and the following sums are hereby appropriated out of any for recruiting, etc. moneys in the Treasury not otherwise appropriated for recruiting and maintaining the same; recruiting twenty-five hundred cavalry men fifty thousand dollars; pay per annum, three hundred and ninety thousand dollars; subsistence, two hundred thousand four hundred dollars; Clothing, two hundred and six thousand dollars; regular supplies, two hundred and sixteen thousand dollars; purchase of horses, three hundred and thirty-seven thousand five hundred dollars; transportation (wagons, &c.,) eighty-four thousand eight hundred dollars; transportation by Rail, &c., one hundred and fifty thousand dollars; in all, one million six hundred and thirty-four thousand seven hundred dollars. Approved, August 15, 1876. be reduced to maximum. Aug. 15, 1876. Amonded. CHAP. 302.-An act relating to the promotion of Commodores on the retired list of the Navy. Be it enacted by the Senate and House of Representatives of the United R.S., 1460, p. 253, States of America in Congress assembled, That Section one thousand four hundred and sixty of the Revised Statutes to wit: "There may be allowed upon the retired list of the Navy nine rear-admirals by promotion on that list: Provided, That this section shall not prevent the Secretary Rear-admirals on of the Navy from promoting to the grade of rear-admiral on the retired list, in addition to the number herein provided, those commodores who have commanded squadrons by order of the Secretary of the Navy, or who have performed other highly meritorious service," be amended by Certain citizens adding thereto the following words: "or who, being at the outbreak of of States in rebel- the late war of the rebellion citizens of any State which engaged in such ion may be pro- rebellion, exhibited marked fidelity to the Union in adhering to the flag retired list. moted. of the United States." Approved, August 15, 1876. CHAP. 303.-An act to authorize the construction of a bridge across the Missouri Aug. 15, 1876. Be it enacted by the Senate and House of Representatives of the United Sioux City States of America in Congress assembled, That it shall be lawful for the Bridge Company Sioux City Bridge Company, a corporation organized for that purpose may construct under the general corporation laws of the State of Iowa, or its assigns, bridge across Misto construct, under and subject to the conditions and limitations here- souri River. after provided, a bridge across the Missouri River at or near Sioux City, Iowa and lay on and over said bridge railway tracks, for the more perfect connection of any and all railways that now are, or which may hereafter be, constructed to the Missouri River at or near Sioux City, or to the river on the opposite side of the same near Sioux City, and build, erect, and lay on and over said bridge ways for wagons, vehicles of all kinds, and for the transit of animals, and to provide ways for foot-passengers, and to keep up and maintain and operate said bridge for the purposes aforesaid; and that when said bridge is constructed all trains of all railroads terminating at said river, and on the opposite side thereof, at or near Sioux City, Iowa, shall be allowed to cross said bridge for reasonable compensation, to be made to the owners of the same, under the limitations and conditions hereinafter named. The owners of said bridge may also charge and receive reasonable compensation or tolls for the transit over said bridge of all wagons, carriages, vehicles animals and foot-passengers: Provided, That Congress may at any time prescribe such rules, regulations and rates of toll for transit and transportation over said bridge as may be deemed proper and reasonable. Use of by railways. Tolls. Proviso. How to be built. Proviso. Proviso. SEC. 2. That any bridge but under the provisions of this act, may, at the option of the person or persons or corporation building the same, be built as a draw-bridge, with a pivot or other form of draw, or with unbroken or continuous spans: Provided, That if the same shall be made of unbroken continuous spans, it shall not be, in any case, of less elevation than fifty feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure, with straight girders, nor shall the spans of said bridge be less than three hundred feet in the clear at low water-mark; and the piers of said bridge shall be parallel with the current of the river; and the main span shall be over the main channel of the river: And provided also, That if a bridge shall be built under this act as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessable and navagable point and with spans of not less than one hundred and sixty feet in length in the clear on each side of the central or pivot pier of the draw; and the next adjoining spans to the draw shall not be less than two hundred and fifty feet, and said spans shall not be less than ten feet above extreme high-water mark, measuring to the lowest part of the superstructure of the bridge; and the piers of said bridge shall be parallel with the current of the river: And provided also, That said draw shall be opened promptly upon reasonable signal, without unnecessary delay: And provided further, That the corporation building said bridge may, subject to the approval of the Secretary of War, enter upon the banks of said river, either above or below the point of location of said bridge, and coufine the flow of the water to a permanent channel, and to do whatever may be necessary to accomplish said objects, but shall not impede or obstruct the navigation nel may be made. of said river, and shall be liable in damages for all injuries to private property; and all plans for such works or erections upon the banks of the river shall first be submitted to the Secretary of War for his approval: And provided further, That if said company shall elect to con- Proviso. struct a pile and pontoon bridge in lieu of that described above, the Secretary of War may, if he deem it advisable and not inconsistent with the free navigation of said river, authorize said company to construct such bridge as a pile or pontoon bridge, subject to the restrictions and requirements relating to the construction thereof contained in the act entitled "An act to legalize and establish a pontoon-bridge across the Proviso. Proviso. Permanent chan 1874, ch. 224, 18 Stat., 62. Proviso. Not to obstruct navigation. Alterations. Mississippi River at Prairie du Chien" approved June sixth, eighteen hundred and seventy-four, accept that in the bridge herein authorized one draw only shall be required, which shall not be less than four hundred feet in width in the clear: And provided further, That any bridge built under the provisions of this act shall be at right-angles to the curreut of the river. SEC. 3. That no bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation of said river; and no bridge shall be commenced or built under this act until the location thereof and the plans and specifications for its construction shall have been submitted to, and Approval of approved by, the Secretary of War; and any change in the plan of such plans. construction or any alteration in the bridge after its construction shall be subject to the like approval; and whenever said bridge shall, in the opinion of the Secretary of War, substantially obstruct the free navigation of said river, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made, and all such obstructions be removed, at the expense of the owner or owners of said bridge; Litigation for ob- and in case of any litigation arising from any obstruction or alleged struction, where obstruction to the free navigation of the Missouri River at or near the crossing of said bridge caused or alleged to be caused thereby, the cause shall be commenced and tried in the district courts of either judicial district of Iowa or Nebraska in which the said bridge or any portion of such obstruction touches. tried. Declared lawful route. United States. SEC. 4. That any bridge built under this act and according to its limstructure and post-itations shall be a lawful structure, and shall be recognized and known Charges for as a post-route, upon which also no higher charge shall be made for the transportation for transportation over the same of the mails, the troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroads or public highways leading to such bridge. Lights and safe- Such lights shall be kept upon said bridge as the Light House Board shall guards. direct, and said bridge shall moreover be provided with all proper safeguards for the security of person and property. Right to amend. SEC. 5. That Congress may at any time alter, amend, or repeal this act. Approved, August 15, 1876. Aug. 15, 1876. CHAP. 304.-An act to provide for the appointment of commissioners for taking affidavits, &c., for the courts of the United States. Be it enacted by the Senate and House of Representatives of the United Notaries public States of America in Congress assembled, That notaries public of the may take testi- several States, Territories, and the District of Columbia be, and they mony, etc. are hereby, authorized to take depositions, and do all other acts in relation to taking testimony to be used in the courts of the United States, take acknowledgments and affidavits, in the same manner and with the same effect as commissioners of the United States circuit court may now lawfully take or do. Approved, August 15, 1876. Aug. 15, 1876. Preamble. CHAP. 305.-An act relieving the State of Kansas from charges on account of ordnance-stores furnished to Kansas Territory. Whereas, it appears from the books of the Ordnance Bureau of the War Department that the State of Kansas stands charged with eleven thousand four hundred and twenty-five dollars for arms issued to the Territory of Kansas; and Whereas said arms were used by Government officials in maintaining the authority of the United States and were never turned over to the State of Kansas: Therefore, Kansas to be Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chief of the Ordnance Bureau of the War Department be, and he is hereby, directed to cause credited for certain the State of Kansas to be credited on its ordnance-account with the ordnance-stores. amounts now charged against it for arms and ordnance stores issued to the Territory of Kansas upon the return to the United States by the State of Kausas, of all such arms and other ordnance-stores as may have come into its possession as the successor of said Territory. Approved, August 15, 1876. CHAP. 306.-An act to amend an act entitled "An act authorizing the repavement of Pennsylvania Avenue" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That that part of section five of an act entitled "An act authorizing the repavement of Pennsylvania Avenue" approved July nineteenth, eighteen hundred and seventy-six, which reads as follows: "Provided That said pavement shall be fully completed and ready for use December first eighteen hundred and seventy-six" be, and the same is hereby amended so as to read as follows: "Provided, That the said pavement shall be fully completed and ready for use January fifteenth, eighteen hundred and seventy-seven." Approved, August 15, 1876. CHAP. 307.-An act to create an additional land office at Colfax, Whitman County, Aug. 15, 1876. Ante, p. 93. completed. Aug. 15, 1876. Whitman landdistrict created. Boundaries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to establish an additional land-district in the Territory of Washington, which district shall be bounded as follows, namely: commencing at a point where the Columbia guidemeridian intersects the third standard parallel in said Territory; thence east along the line of said standard 'parallel to where the same intersects Snake River; thence along said Snake River to where the same intersects the boundary-line between Washington Territory and Idaho Territory; thence north on said boundary-line to where the same intersects the boundary-line between Washington Territory and British Columbia; thence west along said line to where the same intersects the aforementioned Columbia guide-meridian; thence south along the line of said meridian to the place of beginning. Said district, as above bounded, shall be known and designated as the Whitman district, and the office of said district shall be located at the town of Colfax, or at such place as the President may direct, in the Territory of Washington; and the fice. President of the United States shall have power to change the location of said land-office, in said Territory, from time to time, as the public interests may seem to require. Name of district. Register and re pointed. SEC. 2. That the President is hereby authorized to appoint, by and with the advice and consent of the Senate, or during the recess thereof, ceiver to be apa register and a receiver for the district hereby created, who shall each reside in the place where said land-office is located, and shall have the same powers, responsibilities, and emoluments, and be subject to the same acts and penalties, which are or may be prescribed by law in relation to other land-officers in said Territory. Powers, etc. Public lands in, SEC. 3. That the public lands in said district shall be subject to sale and disposal upon the same terms and conditions as other public lands to be subject to of the United States: Provided, That all sales and locations made at the office of the old district of land situated within the limits of the new sale. Proviso. |