Provisos. an interlocutory order or decree or an application to dissolve an injunction shall be refused in a case in which an appeal from a final decree may be taken under the provisions of this Act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve an injunction to the circuit court of appeals: Provided, That the appeal To be taken in thirty must be taken within thirty days from the entry of such order or decree, days. and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court during the pendency of such appeal: And provided further, That the court below may in its discretion require as a condition of the appeal, an additional injunction bond." Approved, February 18, 1895. Bond. CHAP. 97.-An Act To amend an Act entitled "An Act to amend the laws relative to shipping_commissioners," approved August nineteenth, eighteen hundred and ninety, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter eight hundred and one of the Public Laws of the Fifty-first Congress, entitled "An Act to amend the Act relative to shipping commissioners," approved August nineteenth, eighteen hundred and ninety, is hereby amended so as to read as follows: February 18, 1895. Shipment of mer chant seamen. Vol. 26, p. 320. Shipping crews for etc., trade by shipping commissioner. Vol. 24, p. 80. vessels in coastwise, Contents of articles, etc. R. S., secs. 4511, 4512, p. 872. Omissions. R. S., sec. 4519, p. 873. R. S.. secs. 4526-4530, "When a crew is shipped by a shipping commissioner for any American vessel in the coastwise trade, or the trade between the United States and the Dominion of Canada, or New Foundland, or the West Indies, or Mexico, as authorized by section two of an Act approved June nineteenth, eighteen hundred and eighty-six, entitled "An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes," an agreement shall be made with each seaman engaged as one of such crew in the same manner as is provided by Sections four thousand five hundred and eleven and four thousand five hundred and twelve of the Revised Statutes, not however including the sixth, seventh and eighth items of Section four thousand five hundred and eleven; and such agreement shall be posted Posting agreement. as provided in Section four thousand five hundred and nineteen, and such seamen shall be discharged and receive their wages as provided by the first clause of Section four thousand five hundred and twentynine and also by Sections four thousand five hundred and twenty-six, pp. 875, 876. four thousand five hundred and twenty-seven, four thousand five hun dred and twenty-eight, four thousand five hundred and thirty, four thousand five hundred and thirty-five, four thousand five hundred and p. 876. thirty-six, four thousand five hundred and forty-two, four thousand pp. 878, 879. five hundred and forty-three, four thousand five hundred and fortyfour, four thousand five hundred and forty-five, four thousand five hundred and forty-six, four thousand five hundred and forty-seven, four thousand five hundred and forty-nine, four thousand five hundred and fifty, four thousand five hundred and fifty-one, four thousand five hundred and fifty two, four thousand five hundred and fifty-three and four thousand five hundred and fifty-four of the Revised Statutes; but Limitation. in all other respects such shipment of seamen and such shipping agreement shall be regarded as if both shipment and agreement had been entered into between the master of a vessel and a seaman without going before a shipping commissioner: Provided, That the clothing of Proviso. R. S., secs. 4535-4536, R. S., secs. 4549-4554, pp. 880, 881. Clothing exempt any seaman shall be exempt from attachment, and that any person from attachment. who shall detain such clothing when demanded by the owner shall be liable to a penalty of not exceeding one hundred dollars." Approved, February 18, 1895. Approval of plats, direct, and until plats thereof, made upon actual survey, for the defi etc. Highways. Compensation. Proviso. Construction to begin on filing bond. Maps. Surveying. Proviso. Completion. Amendment, etc. nite location of said railway, and including the points for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, shall be filed with and approved by the Secretary of the Interior, and until the compensation provided for has been fixed and paid: And provided further, That when any public road or highway is interfered with by said railway said company shall repair the same or construct a new road where such interference may occur in such manner as not to obstruct the public use of such road or highway. SEC. 2. That before said railroad shall be constructed through any land, claim, or improvement held by individual occupants according to any treaties or laws of the United States compensation shall be made such occupant or claimant for all property to be taken or damage done by reason of the construction of said railroad. In case of failure to make satisfactory settlement with any such claimant the United States district court at Arizona shall have jurisdiction, upon petition of either party, to determine such just compensation in accordance with the laws of Arizona provided for determining the damage when property is taken for railroad purposes; and the amount of damages resulting to the tribe or tribes of Indians pertaining to said reservation in their tribal capacity, by reason of the construction of said railroad through such lands of the reservation as are not occupied in severalty, shall be ascertained and determined in such manner as the Secretary of the Interior may direct, and be subject to his final approval: Provided, however, That said railroad company file with the Secretary of the Interior a bond, in such amount and with such sureties as the Secretary shall approve, conditioned for the payment of just compensation for said right of way to said individual occupants and to said tribe or tribes, as herein before provided, and said company may thereupon proceed to construct and operate its railroad across said reservation. SEC. 3. That said company shall cause maps showing the route of its line through said reservation, and including the grounds for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, to be filed in the office of the Secretary of the Interior before constructing any portion of said railroad. SEC. 4. That said company is hereby authorized to enter upon said reservation for the purpose of surveying and locating its line of railroad: Provided, That said railroad shall be located and constructed with due regard to the rights of the Indians and under such rules and regulations as the Secretary of the Interior shall prescribe. SEC. 5. That the right herein granted shall be forfeited by said company unless the road shall be constructed through the said reservation within three years after the passage of this Act. SEC. 6. That Congress shall have at all times power to alter, amend, or repeal this Act and revoke all rights hereunder. Approved, February 18, 1895. February 18, 1895. ·CHAP. 96.-An Act To amend the Act entitled "An Act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen hundred and ninety-one. Be it enacted by the Senate and House of Representatives of the United Circuit courts of ap- States of America in Congress assembled, That the seventh section of the peals. Vol. 26, p. 828. Act of Congress entitled "An Act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen hundred and ninety-one, be, and the same is hereby, amended to read as follows: Equity appeals. Extended to all in "That where, upon a hearing in equity in a district court or a circuit junction proceedings. court, an injunction shall be granted, continued, refused, or dissolved by Provisos. an interlocutory order or decree or an application to dissolve an injunction shall be refused in a case in which an appeal from a final decree may be taken under the provisions of this Act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve an injunction to the circuit court of appeals: Provided, That the appeal To be taken in thirty must be taken within thirty days from the entry of such order or decree, days. and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court during the pendency of such appeal: And provided further, That the court below may in its discretion require as a condition of the appeal, an additional injunction bond." Approved, February 18, 1895. Boud. CHAP. 97.-An Act To amend an Act entitled "An Act to amend the laws relative to shipping commissioners," approved August nineteenth, eighteen hundred and ninety, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter eight hundred and one of the Public Laws of the Fifty-first Congress, entitled "An Act to amend the Act relative to shipping commissioners," approved August nineteenth, eighteen hundred and ninety, is hereby amended so as to read as follows: February 18, 1895. Shipment of merchant seamen. Vol. 26, p. 320. Shipping crews for vessels in coastwise, etc., trade by shipping Contents of articles, etc. R. S., secs. 4511, 4512, p. 872. Omissions. R. S., sec. 4519, p. 873. R. S., secs. 4526-4530, "When a crew is shipped by a shipping commissioner for any American vessel in the coastwise trade, or the trade between the United States and the Dominion of Canada, or New Foundland, or the West Indies, or Mexico, as authorized by section two of an Act approved June nineteenth, eighteen hundred and eighty-six, entitled "An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes," an agreement shall be made with each seaman engaged as one of such crew in the same manner as is provided by Sections four thousand five hundred and eleven and four thousand five hundred and twelve of the Revised Statutes, not however including the sixth, seventh and eighth items of Section four thousand five hundred and eleven; and such agreement shall be posted Posting agreement. as provided in Section four thousand five hundred and nineteen, and such seamen shall be discharged and receive their wages as provided by the first clause of Section four thousand five hundred and twentynine and also by Sections four thousand five hundred and twenty-six, pp. 875, 876. four thousand five hundred and twenty-seven, four thousand five hun dred and twenty-eight, four thousand five hundred and thirty, four R. S., secs. 4535-4536, thousand five hundred and thirty-five, four thousand five hundred and p. 876. thirty-six, four thousand five hundred and forty-two, four thousand pp. 878, 879. five hundred and forty-three, four thousand five hundred and fortyfour, four thousand five hundred and forty-five, four thousand five hundred and forty-six, four thousand five hundred and forty-seven, four thousand five hundred and forty-nine, four thousand five hundred and fifty, four thousand five hundred and fifty-one, four thousand five hundred and fifty two, four thousand five hundred and fifty-three aud four thousand five hundred and fifty-four of the Revised Statutes; but in all other respects such shipment of seamen and such shipping agreement shall be regarded as if both shipment and agreement had been entered into between the master of a vessel and a seaman without going before a shipping commissioner: Provided, That the clothing of any seaman shall be exempt from attachment, and that any person from attachment. who shall detain such clothing when demanded by the owner shall be liable to a penalty of not exceeding one hundred dollars.” Approved, February 18, 1895. R. S., secs. 4542-4547, R. S., secs. 4549-4554, pp. 880, 881. Limitation. Proviso. February 18, 1895. Newark Bay, N. J. Bayonne and Elizabeth may, bridge. Location. Provisos. Secretary of War to approve plans, etc. Opening draw. Lights, etc. Commencement and completion. Amendment, etc. CHAP. 98.-An Act To bridge the Newark Bay. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the boards of chosen freeholders of the counties of Hudson and Union, in the State of New Jersey, or the legally constituted authorities of the city of Bayonne and the city of Elizabeth, as may be determined by the authorities of the State of New Jersey, shall be, and they are hereby, authorized to locate, build, maintain, equip, and operate a bridge across Newark Bay, in the State of New Jersey, between the city of Elizabeth, in the county of Union, and the city of Bayonne, in the county of Hudson, at a point not less than five hundred feet above the present bridge structure known as the Central Railroad bridge: Provided, That the bridge herein authorized shall be built as a drawbridge, with a draw giving a clear width of opening of not less than one hundred feet and said bridge shall be located and built in such manner and under such regulations for the security of navigation as the Secretary of War may prescribe; and to secure that object the parties proposing to build said bridge shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location, and until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be commenced or built; and should any change be made in the plans of said bridge during the progress of its construction, such changes shall be subject to the approval of the Secretary of War and the said bridge shall be held to be a public highway forever: Provided also, That the draw of said bridge shall be promptly opened, upon reasonable signal, for the passage of vessels and boats; and the owners of said bridge shall maintain thereon, from sunset to sunrise, such lights and other signals as the Light-House Board shall prescribe. SEC. 2. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the approval of this Act. SEC. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 18, 1895. CHAP. 100.-An Act To extend the jurisdiction of justices of the peace in the District of Columbia, and to regulate the proceedings before them. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That justices of the peace of the District of Columbia shall have jurisdiction to hear, try, and determine all civil pleas and actions, including attachment and replevin, when the amount claimed to be due or the value of the property sought to be recovered shall not exceed three hundred dollars, except in cases where the title to real estate is in issue, actions for malicious prosecution, actions against justices of the peace or other officers for misconduct in office, and actions for slander, verbal or written, and actions for damages for breaches of promise to marry. SEC. 2. That such jurisdiction shall be exclusive original jurisdiction where the amount claimed to be due or the value of the property sought to be recovered shall not exceed one hundred dollars, and original and concurrent with the supreme court of the District of Columbia where the amount claimed to be due or the value of the property sought to be recovered is more than one hundred dollars, but does not exceed three hundred dollars; and where the sum claimed exceeds twenty dollars either party shall be entitled to a trial by jury. SEC. 3. That no appeal shall be allowed from the judgment of a justice of the peace in any common-law action unless the matter in demand in such action or pleaded in set off thereto, shall exceed the sum of five dollars, nor unless the appellant, with sufficient surety, approved by the justice, enters into an undertaking to pay and satisfy whatever final judgment may be recovered in the appellate court. SEC. 4. That writs of attachment shall be issued by justices of the peace whenever the plaintiff, his agent, or attorney shall file with said justice of the peace, whether at the commencement or during the pendency of a suit, an affidavit, supported by the testimony of one or more witnesses, showing the grounds upon which he bases his claim, and also setting forth that the plaintiff has a just right to recover against the defendant what he claims in his said affidavit, and also stating, either first, that the defendant is a nonresident of the District, or, second, that the defendant evades the service of ordinary process by concealing himself or by withdrawing from the District temporarily, or, third, that he has removed or is about to remove some of his property from the District so as to defeat just demands against him, and shall file his (plaintiff's) undertaking with sufficient surety, to be approved by said justice of the peace, to make good all costs and damages which the defendant may sustain by reason of the wrongful suing out of the attachment. SEC. 5. That if the defendant, his agent, or attorney shall file an affidavit traversing the plaintiff's affidavit, the justice of the peace shall determine whether the facts set forth in the plaintiff's affidavit are true, and whether there was just ground for issuing the writ of attachment, and if the facts do not sustain the affidavit the justice of the peace shall quash the writ of attachment or garnishment, and this issue may be tried by said justice of the peace summarily. Writs of attach. ment. Affidavit as to grounds. Bond. Issue to quash writ. Discharge of orty attached. SEC. 6. That the thing attached shall not be discharged from the custody of the officer seizing it until the defendant shall deliver to the said justice of the peace, to be filed in the cause, his undertaking, with sufficient surety, to satisfy and pay the final judgment against him: Provided, however, That the principal and surety on such undertak- Proviso. ing shall not be liable in a greater sum than the value of the thing discharged from such attachment as aforesaid, and for costs and disbursements. Limit of bond. prop. Sale of perishable ar SEC. 7. That if the defendant fail to execute such undertaking pro- ticles, etc. vided for in the last preceding section, and it shall appear from the testimony of disinterested witnesses that any of the property is of a pershable nature, or if the parties to the cause file their consent in writing therefor, the justice may issue his order directing the officer having custody thereof to dispose of the same as upon execution, and the money realized therefrom shall be paid over to the justice and applied as other money realized from the sale of the property attached is applied. SEC. 8. That in case the defendant be found liable to the plaintiff's Judgment for plain. claim, in whole or in part, the final judgment shall be that the plaintiff recover against the defendant and his sureties. tiff. ice. SEC. 9. That publication may be substituted for personal service of Publication for servprocess upon any defendant who can not be found in suits by attachment. SEC. 10. That no order for the substitution of publication for per- Order. sonal service shall be made till a summons for the defendant shall have been issued and returned "not to be found." SEC. 11. That the order of publication shall be in the following or 'equivalent form: IN JUSTICE'S COURT OF THE DISTRICT OF COLUMBIA. A summons in due form having been issued out of this court to a lawful constable of this District for the said defeudant, and the same Form. |