Grant of site. Proviso. States, in township seven south, and range three east, Mount Diablo meridian, the following described land in said township is hereby reserved from sale or disposal under the general laws of the United States, to wit, section nine, the north half of section ten, the south half of section three, and the fractional section seventeen. SEC. 2. That so much of said land as is not already granted or disposed of by the United States, to wit, section nine, the north half of section ten, the south half of section three, and fractional section seventeen, be, and the same is hereby, granted to the trustees of the Lick Observatory of the astronomical department of the University of California, with authority and in trust to convey the same to the regents of the University of California, and their successors, in trust for the use and benefit of the astronomical department of the University of California: Provided, That if the land herein granted shall be used for any other purpose than the site of said observatory, and the necessary purposes in connection therewith, the same shall revert to the United States. Approved, June 7, 1876. June 10, 1876. dian trust funds. CHAP. 122.-An act transferring the custody of certain Indian trust-funds Be it enacted by the Senate and House of Representatives of the United Custody of In- States of America in Congress assembled, That all stocks, bonds, or other securities or evidences of indebtedness now held by the Secretary of the Interior in trust for the benefit of certain Indian tribes shall, within thirty days from the passage of this act, be transferred to the Treasurer of the United States, who shall become the custodian thereof; and it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, &c., and deposit the same in the Treasury of the United States, and to issue certificates of deposit therefor, in favor of the Secretary of the Interior, as trustees for various Indian tribes. And the Treasurer of the United States shall also become the custodian of all bonds and stocks which may be purchased for the benefit of any sale of Indian Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases and sales of bonds and stocks authorized by treaty-stipulations or by acts of Congress when requested so to do by the Secretary of the Interior: Provided, That nothing in this act shall in any manner impair or affect the supervisory and appellate powers and duties in regard to Indian affairs which may now be vested in the Secretary of the Interior as trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as herein before mentioned. Purchase and trust-funds. Proviso. Approved, June 10, 1876. June 12, 1876. Channel of Ohio River on south side of Neville Island may be closed. Proviso. CHAP. 123.-An act authorizing the residents and property-owners of Neville Township, county of Allegheny, and State of Pennsylvania, to close the channel of the Ohio River on the south side of Neville Island by the construction of an embankment or causeway from the head of said island to the southern shore of said river. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the residents and propertyowners of Neville Township, county of Allegheny, and State of Pennsylvania, be, and they are hereby, authorized and empowered to close the channel of the Ohio River on the south side of Neville Island, in said township, by the construction of an embankment or causeway from the head of said island to the southern shore of said river: Provided, however, That the Government of the United States shall not be liable for any expenses incurred in the performance of said work, or by reason thereof. Approved, June 12, 1876. CHAP. 133.-An act to amend in section fifty-two hundred and seventy-one of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section fifty-two hundred and seventy-one of the Revised Statutes be amended so as to read as follows: "In every case of complaint and of a hearing upon the return of the warrant of arrest, any depositions, warrants, or other papers offered in evidence, shall be admitted and received for the purpose of such hearing if they shall be properly and legally authenticated so as to entitle them to be received as evidence of the criminality of the person so apprehended, by the tribunals of the foreign country from which the accused party shall have escaped, and copies of any such depositions, warrants or other papers, shall, if authenticated according to the law of such foreign country, be in like manner received as evidence; and the certifi cate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any such deposition, warrant or other paper, or copy thereof, is authenticated in the manner required by this section." Approved, June 19, 1876. .CHAP. 134.-An act to amend "An act for the relief of certain settlers on the public lands, approved December twenty-eight, eighteen hundred and seventy-four, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the rights and privileges granted by "An act for the relief of certain settlers on the public lands, approved December twenty-eight, one thousand eight hundred and seventy-four, are hereby extended for one year after the expiration of the time named in said act. And all the rights and privileges extended by this act to homestead and preëmption settlers, shall apply to, and include, the settlers under an act entitled "An Act to encourage the growth of timber on western prairies," approved March third, eighteen hundred and seventy-three and the acts amendatory thereof. Approved, June 19, 1876. CHAP. 135.-An act making appropriations for fortifications and for other works of defense, and for the armament thereof, for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven, and for other purposes. June 19, 1876. R. S., 5271, p. 1026, amended. Evidence in extradition cases. June 19, 1876. Ante, pp. 54, 55. Post, pp.360, 405. Settlers injured by grasshoppers, 1874, ch. 10. 18 Stat., 294. 1873, ch. 277. 17 Stat., 605. June 20, 1876. Post, p. 391. Appropriation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one hundred thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the protection, preservation, and repair of fortifications and other works of defense, Repair of fortififor the fiscal year ending June thirtieth, eighteen hundred and seventy- cations. seven; the same to be expended under the direction of the Secretary of War; also the following for armament of fortifications, namely: Armament of for For the armament of sea coast fortifications, including heavy guns, Gatling guns, and howitzers for flank defense, carriages, projectiles, tifications. fuzes, powder and implements, their trial and proof, and all necessary expenses incident thereto, one hundred and sixty-five thousand dollars. For torpedoes for harbor defenses, and preservation of the same, and Torpedoes. for torpedo experiments in their application to harbor and land defense, and for instruction of engineer battalion in their preparation and appli cation, fifty thousand dollars: Provided, That the money herein appropriated for torpedoes shall only be used in the establishment and maintenance of torpedoes to be operated from shore-stations for the destruction of an enemy's vessel approaching the shore or entering the channel and fairways of harbors. Proviso. Sale of tiles. con SEC. 2. That from and after the passage of this act, the Secretary of demned projec- War be, and he is hereby, authorized and directed to cause to be sold, in such manner and at such times and places, and in such quantities as shall most conduce to the interests of the United States, all obsolete and condemned projectiles for heavy ordnance now on hand and stored in the various arsenals of the United States, and to cause the net proceeds of such sales, after paying the necessary expenses attending the same, to be covered into the Treasury of the United States, with full account of said expenses. Approved, June 20, 1876. June 20, 1876. Duty-bonds by partnerships, how may be executed. June 20, 1876. Cheboygan a port of delivery. CHAP. 136.-An act relating to the execution of custom-house bonds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any bond is required by law to be executed by any firm or partnership for the payment of duties upon goods, wares or merchandise, imported into the United States by such firm or partnership, the execution of such bond by any member of such firm or partnership, in the name of said firm or partnership, shall bind the other members or partners thereof, in like manner and to the same extent, as if such other members or partners had personally executed the same. And any action or suit may be instituted on such bond against all the members or partners of such firm, as if all of the ' members or partners had executed the same. Approved, June 20, 1876. CHAP. 137. An act establishing Cheboygan, in the State of Michigan, a port of delivery. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Cheboygan, in the State of Michigan, being within the collection district of Michigan, be, and the same hereby is, declared a port of delivery instead of Duncan City; and the office of deputy collector now located at Duncan City be, and Deputy collect the same is hereby, removed to Cheboygan. And all acts and parts of acts declaring Duncan City a port of entry are hereby repealed. Approved, June 20, 1876. or's office. June 26, 1876. eral. CHAP. 144.-An act authorizing the retirement of Col. W. H. Emory with the rank and pay of a brigadier general. Be it enacted by the Senate and House of Representatives of the United W. II. Emory States of America in Congress assembled, That in view of the long and may be retired as faithful services of Colonel and Brevet Major-General W. H. Emory, a brigadier gen- colonel of the Fifth Cavalry, before and during the late war, and the fact that for nearly ten years he has discharged the duties of brigadier and major general, the President is hereby authorized to place that officer on the retired-list of the Army, after forty-three years' active service, as brigadier-general, with the pay and emoluments of a retired officer of that grade. Approved, June 26, 1876. CHAP. 145.-An act to change the name of the steamship City of Brashear to Lone June 26, 1876. Name of steam Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and is hereby, authorized to change the name of the steam- ship City of Brashear changed to ship City of Brashear, belonging to Charles Morgan, of New York, to Lone Star. Lone Star, and grant a new register for the same in accordance herewith. Approved, June 26, 1876. CHAP. 146.-An act to reduce the number and increase the efficiency of the Medical June 26, 1876. Number of assistant surgeons. Medical storekeeper abolished. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the number of assistant surgeons now allowed by law shall be reduced to one hundred and twenty-five; that the office of medical storekeeper is hereby abolished; that from and after the passage of this act, in addition to the grades now allowed by law, there shall be four surgeons with the rank, pay, and emoluments of colonels; eight surgeons with the rank, pay and emoluments of lieutenant-colonels, to be promoted by senority from the surgeons. medical officers of the Army; that this act shall not be construed to deprive any medical officer or storekeeper now in office of his commission in the United States Army. Approved, June 26, 1876. Rank of certain CHAP. 147.-An act to further the administration of justice in the State of Colorado. June 26, 1876. Laws of United Colorado. 1875, ch. 139. 18 Stat., 474. Judicial district Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when the State of Colorado shall be admitted into the Union, according to the provisions of the States applied in act entitled "An act to enable the people of Colorado to form a constitution and State government, and for the admission of said State into the Union on an equal footing with the original States," approved March third, eighteen hundred and seventy-five, the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States; and said State shall constitute one judicial district, to be called the district of Colorado; and for said district a district judge and a marshal and a district attor ney of the United States shall be appointed by the President, by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for similar officers in the other States, except as herein otherwise provided; and said district of Colorado shall be attached to, and constitute a part of, the eighth judicial circuit; and a term of the circuit court and district court for said dis- to eighth circuit. trict shall be held at Denver in said State on the first Tuesday of July and the first Tuesday of December in each year. And one grand jury and one petit jury only shall be summoned and serve in both of said courts. established. District judge and marshal. District attached Terms of courts. juries. Powers and ju SEC. 2. That the circuit and district courts for the district of Colorado, and the judges thereof respectively, shall possess the same powers risdiction of courts. and jurisdiction, and perform the same duties possessed and required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. SEC. 3. That the district judge appointed for the district of Colorado Salary of district shall receive as his compensation the sum of three thousand five hun- judge. dred dollars a year, payable in four equal installments on the first days of January, April, July, and October of each year. Powers, duties, and compensation of marshal, etc. Appeals from and writs of error to supreme court of Territory. SEC. 4. That the marshal, district attorney, and the clerk of the circuit and district courts of said district of Colorado, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to other similar officers and persons performing similar duties by the laws of the United States, excepting such provisions thereof as are specially applicable to some particular officer or district. SEC. 5. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the United States upon any record from the supreme court of the Territory of Colorado, or that may hereafter be lawfully prosecuted from said court, may be heard and determined by the Supreme Court of the United States, and Remand of pro- the remand of execution or of further proceedings shall be directed ceedings. by the Supreme Court of the United States to the circuit or district court of the district of Colorado, or to the supreme court of the State of Colorado, as the nature of the case may require; and each of said lastmentioned courts shall be the successor of the supreme court of Colorado Territory as to all such cases, with full power to proceed with the same and to award mesne or final process therein. Succession to supreme court of Territory. Right to appeal and writ of error to supreme court of Territory. District judge of Nebraska to act temporarily. Transfer of cases courts to district and circuit courts. SEC. 6. That from all judgments and decrees of the supreme court of the Territory of Colorado prior to its admission as a State, the parties to such judgments shall have the same right to prosecute appeals and writs of error to the Supreme Court as they shall have had by law prior to the admission of said State into the Union. SEC. 7. That until the judge for said district of Colorado shall be duly appointed and qualified, the district judge of the United States for the district of Nebraska shall act as the distr ct judge of the district of Colorado, and shall have and exercise the same jurisdiction and powers in the district hereby created as he has in the district of Nebraska. SEC. 8. That in respect of all cases, proceedings, and matters pending from territorial in the supreme or district courts of the Territory of Colorado at the time of the admission of said State into the Union, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had said courts existed at the time of the commencement of such cases, the said circuit and district courts respectively shall be the successors of said supreme and district courts of said Territory; and all the files, records and proceedings relating thereto shall be transferred to said circuit and district courts respectively, and the same shall be proceeded with therein in due course of law. Approved, June 26, 1876. June 29, 1876. amended. CHAP. 154.-An act to amend section one thousand nine hundred and eleven of the Revised Statutes of the United States defining the jurisdiction of the courts in Wash ington Territory. Be it enacted by the Senate and House of Representatives of the United R. S., 1911, p. 338, States of America in Congress assembled, That section one thousand nine hundred and eleven of the Revised Statutes of the United States be amended by inserting the words "and laws" after the word "Constitution" in the latter clause of said section. Approved, June 29, 1876. |