The Albany register. (Albany, Or.) 1868-18??, May 09, 1873, Page 4, Image 4

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    jUtaj; grjistnt.
Law of tbe United State.
General Na'nru No. 47.)
AN ACT to amend .'in si ft entitled
"Am lU't to promote the development
ol 'In- milling resources of the United
B r ttad dl,i nn' ar-l fftiv tf
R f'V inftll' BWWM ' .liter
f.i fn C ti.T-i'irmfc' ''. Win the nrovl
Ion of the fifth section of flit1 Met en
titled "An act to promote the develop
ment t the mining rwoiHWS ot the
United State." passed May tenth,
eighteen hundred and evcntv-two.
which requires expenditures of labor
lii'l improvement on claim' located
prior to the j :i sre of nid net. are
berebv so amended that the time for
the first m i una I expenditure on claims
located prior to the passage of said
act shall I" extended to the tenth day
of Turn', eighteen hundred and seventy
fonr. Approved, March 1, 1873.
Genera! Nanre-No. 48.1
AN AT to change and fix the time
of holding the spring term of the
United State circuit and district
courts In tile cities ot Covington and
Padneha, in tlie State ot Kentucky.
B' tt rno'd by ij ' N'nttt" and Ilui'if
R'pr . n ntfv of 'h- CWM R'aht-f Am r
tri ii C npr . am viV d. That the 'enns
of the United States circuit mid dis
trict court- heretofore held In Coving
ton, Kentucky, on the third Monday
in April. shall hereafter be he!il there
on the second Monday In May; and
the ti mis of said eonrtsheretofore held
Inl'iducah. Kentucky, on the third
Monday in March. shall hereafter lie
he'd there on the second Monday in
Approve !, March t, 1S73.
tieneral Narure So. 49.)
AN ACT authorizing tlie President to
appoint Frank M. Ahton a second
assistant engineer in the navy i 1 tlie
United State.
B K ii i'' d bit th R-na'e and TTw of
H lpr a 'i cii' .1 uf th ' r-'rt' Stat of Im r
icn in Cbngr am mW.d. Tlia' the Prel
dent lie. and I hereby, authorized, by
and with the advice and consent of
tlie Senate, to appoint Frank M. A-h-tou
a second s-istant engineer In the
United Stale navy, .subject to the
usual examination.
Approved, March l, 1873.
Genera! Nature So. 50.)
AN ACT to transfer the control ot
oertaln powers and duties iu relation
to the Territories to tlie Department
of the Interior.
B' l ii ivt il bit th" Run1 and flbu of
ftepr"ten!attt of th- Unit d St' tef Am r
ton in C ii'r u tm m.V (I, Tliat the Seere'a
ry of tlie Interior Ahull hereafter exer
cise all tlie powers and perform all the
duties in relation to the Territories of
the United States that are now hy law
or by custom exercised and performed
by the Secretary of State.
Approve.!, March 1, 173.
General Nature No. 51.)
AN ACT relating to the circuit and
district courts or the United States
for the middle and northern districts
of Alabama,
B h enad -I by th ft not" mid Ifaut- of
R'pr x a. '( i of lh- VH d tStat'tc Amr
im in Conyr j tmetnbted, That so umch of
an act or acts of Congress as vests in
th; district court of the United State
for the middle di-trict of Alabama,
and the district court of the United
States for the northern district of Ala
bamti, the power and jurisdiction of a
circuit court, lie, and the same is here
by, repealed.
Sec. 2. That all civil causes, ac
tions, suit, executions, pleas, process,
and other proceeding now pending in
gaid district courts ot the United States
for the uiiddle and northern districts
of Alabama, which might have been
brought and would have been origin
ally coguizahle iu a circuit court are
hereby declared to he transferred to
tlie circuit court of the district of Ala
bauiH; and the clerks of said district
court- shall transmit all the original
papers iu such causes and a complete
transcript of all the dockets, minutes,
orders, judgments, and decrees in
tuch cause, as the same appear of
record hi said district court, to said
circuit court ot the United States at
Mobile, Alabama.
Sec. 3. That nothing in this act
contained shall apply to any indict
ment loin h1 by a grand jury and now
pending in eitherof said di -triet courts;
nor shad anything contained in this
act affect tlie jurisdiction or (lower of
the supreme Court or tlie United
Stales to bear and determine any cause
or procewliug now pending in said
Supreme Court on writ of error or
appeal from either of said district
courts for the middle and northern dis
trict of Alabama.
Sec. 4. That hereafter the circuit
court of the United States for the dis.
trict of Alabama shall exercise appel
late and revisory jurisdiction over tlie
decrees and judgment of said district
court) of the United States for tlie
middle district of Alabama, under tlie
laws of tlie United States conferring
and regulating the jurisdiction, powers,
juta practice of the circuit courts iu
aum removed In said courts by appeal
or writ of error.
Approved, March 3, 1873.
General Nature So. 54.)
AN ACT to provide tor the lietter
cure and protection of subsistence
B" it mic'od bv lh Rua'" and Hnue of
R ;ir. ' uf Ih' Ihu1 d 8 Ut ' Am r
en in nip- ss itnW , Tftnt'tlie Sperc
hrvot War be, and be is hereby, au
thorized and empowered to select from
the sergeant of the line of the army
who shall have faithfully served there
in five years, three year of jjliieb iu
the grade of uon-eomnii-inned officer,
as many eonunissary-ergeant as the
service may re pure, not to exceed one
lor each military post or place of de
po4t of subsistence wpprle, whose
duty it shall he to receive and preserve
the subsistence supplies at the posts,
under the direction of the proper otli
eers of the Subsistence department,
and under such regulations as shall he
prescribed by the Secretary of Wnr.
The commissary-sergeant hereby au
thorized shall tie subject to tlie rules
and articles of war. and shall receive
for their service the same pay and
allowance as ordnance-sergeants.
Approved, March 17, 1S7S.
General Nature -So. 53.)
AN ACT to aholih the office of sur
veyor at the port of Chester, in
Pennsylvania, and for other purposes.
ft mnet'-d bit th" S wi'r find Hmof
R pr- nti'if of th t'nH d fVntctof Aiiit
tun Conor xi Vr mb d. That Hie odVe
of surveyor sit the port of Chester, iu
the district of Philadelphia, provided
by the act establishing said port, a p
proved March twenty-ninth, eighteen
hundred and sixty-sewn. be. and the
same i hereby, abolished.
Sec. 2. 'That an inspsctor of en
toin, to n-ide at the said port of
Chester, with the power of a depute
collector. hali le appointed for said
port, and hall perflirm such duties a
may he devolved on him according to
law. hut tlie compensation of such
Officer shall not exceed that allowed by
law to inspector of customs at the
port of Philadelphia.
Approved, March 3, 1373.
General Na! ore SO. f!7.)
AN ACT fixing file time for tbe elec
tion of Representatives from tlie
State of California to the Forty
fourth Congress,
B -it tfliird oil 'h- S nri'- nnd It-UH'f
R fi- -3 nta'ltut of ifi TTrtU d SVt of Am r
i,n in O.nwM iiiJM, That on the
first VVednesday in September, in the
year eighteen hundred and seventy
four, there shall be elected iu each
congressional district in the State of
California one Kepresent.itive to rep
resent said stnte in the porty-fourth
Congress of the United States.
Approved, March 3, 173.
General Nature So. 68.)
AN ACT to authorize the unlading of
steamship at night.
B U nnc 'd bit th S- natr ami ffru o
R nr n'ativ laj th" I'n'HI S'nto vjt Am r
irafn Congntt am mbl That it shall lie
the duty of the collector of custom
(with the concurrence of the naval offi
cer, if there he one) of any port nt
which a steamship from a foreign port
or place may arrive, upon or after the
issuing of a general order, to grant,
upon proper application therefor, a
special license to unlade the cargo of
said vessel at night, that is to say, be
tween sunset and sunrie; but before
any such special license Is granted, the
master, agents, or consignees of the
vessel shall execute and deliver to the
said collector a good and sufficient
bond, to he approved by him, con
ditioned to Indemnify and save the
said collector harmless from any and
all losses and liabilities which may
occur or he occasioned by reason of the
grouting ot such special license: Anil
praeMed, That any liability of tlie
master or owner of any such steam
ship to the owner or consignee of any
merchandise landed from said vessel
shall not be affected by the granting of
such special license or of any general
order, but such liability shall continue
until said merchandise is properly re
moved from the dock whereon the
same may tie landed; and the collector,
under such general regulations as the
Secretary of the Treat-nry may pre
scribe, shall tlx a uniform and reason
able rite of compensation for like ser
vice, to Ik; paid by the master, owner,
or consignee, whenever such special
license i granted, and shall collect anil
distribute the same among the inspec
tors assigned to superintend tbe unlad
ing of the cargo.
Approved, March 3, 1S73.
Gk.vehal Natirk So. 69.)
AN ACT to provide for the prepara
tion and presentation to Congress of
tlie Revision ot the Laws of the
United States consolidating the law
relating to the pot-ro;ids, and a code
relating to military offences, and tlie
revision of treaties with the Indian
trilies now in force.
Bf U etvicfvd by th" Stnat and Jloute of
Ii pPnkaU:tofthi Unil-tl Hiatet of Amrr
fcn in, Tliataoorimilttee
of three of the Committee of the House
of Representatives on the Revision of
the the F-iaws, with committee on the
part of the Senate, is liereby authorized,
by resolution, to be filed in the De
partment of Justice, to accept, on tlie
jwrt of Congress, the draft on Revis
ion of tlie Laws of the United States
prepared by the commissioners to
revise the statues, so tar as the same
lias been reported by them, and may
be hereafter reported by them, at the
expiration ot toe time designated for
performing that service, towit, the
fourrtwtaJrrtrMay, f eighteen uiittrfretl
and seventy-three, and to discharge
said commissioners, from and titter
wli ch all acts ami parts of acts declar
ing the duties, powers, rights, and
privileges ot said cotomisslouers, are
hereby repealed; but nothing herein
contained st.all lie construed as an
approval or adoption by Congress of
any part of tbe work of the commis
sioners. See. 2. That the Committee of the
House of Representatives on the Re
vision of the Laws, together with such
committee as tlie Senate may join. be.
and they hereby are. authorized to
contract with some suitable person or
persons, learned in (Haw, to prepare
a bill revising and embodying in one
act all the laws authorizing post-roads
iu force at the expiration of tlie present
session of Congress; and also to prepare
a bill cndifyinganil regulating the laws
iu regard to military offences, accord
ing to tlie recommendation made hy
the President of the United States iii
his annual message communicated to
Congress at the present session; and
also to prepare a revision of all the
Indian treaties now iu force as laws.
Sec. 3. Tht said committee are
also authorized to contract with some
suitable person or person, under the
supervision of said committee ami such
regulations as may be by them pre
scribed, to preire the revision of the
statutes already rcimned by the com
missioners, or Which may he reiorted
before said fourth day of May. in the
form of a bill, tube presented at the
opening of the session of Congress in
December next, embodying all the
laws so revised and the bills and pro
visions herein provided for with propel
indexes, so that the sime may be In
form to lie acted upon forthwith by
Congress at said session.
Sec. 4. That said committee is fur
ther authorised to have such revisions
and hills printed by the Congressional
Printer from time to time, uniform
with the revision already reported,
and to distribute them, nod all the con
solidation and codification of the postal
and military laws and treaties herein
provided for, to members of Congress
and others competent to judge of their
merits, in oeder for their correction by
such persons.
Sec. 5. 'That any moneys appro
priated tor the payment of the work
herein provided for shall he disbursed
by the Department of Justice from
time to time only so tar as that De
partment shall be satisfied that the
work has been well and faithfully per
formed, as said Department shall be
satisfied that the work will be fully
done and completed by the commence
ment of aid session of Congress in De
cemher next.
Approve.!, March 3, 1873.
General Naturc-So. 70.)
AN ACT to provide for the apportion
ment ot the Territory of Wyoming
for legislative purposes.
B' it wiii d bii th" R-nnir and lima of
R pr-fntmirmiif the Vnild Hulm of Amer
ica tn O nftrou au mW"i, That the appor
tionment of the Territory of Wyoming
for the election of members of the next
legislative assembly of said Territory
shall be made by the governor thereof,
in accordance with the provisions of
an act of Congress entitled "An act to
provide a temporary government for
the Territory ot Wyoming, "approved
July twenty-fifth, eighteen hundred
ami sixty-eight: Prar-wW, That for the
purpose of such apportionment it shall
not be necessary to take a new or ad
ditional census or enumeration of said
Approved, March 3, 1873.
General Sature No. 71.
AN ACT to amend tlie law requiring
Consular officers to collect three
month' extra pay for seamen In
certain cases.
Ri- it nacfrd bfi the Remit' and Ifrnue of
B jir ntU'v ox of th'1 llnitod Rialm of Anvrr
if i ln (ngr sxumb1oit. That the law to
regulate the consular system of the
United Stales, which requires consular
officers to (.ollect three months' extra
wages iqion the discharge of seamen,
be, and the same hereby is, so amend
ed a tn permit said officers whenever,
after a full hearing of both parties, the
cause of discharge Is found to be the
misconduct of the seaman, to remit so
much of the extra wage as Is now hy
law paid to the seamen discharged :
PrWritri, that relief can immediately
be offered to such seamen by reshlp
ment without expense to the United
Approved, March 3, 1873.
General Sature -So. 77.1
AN ACT to provide for the establish
ment of a military prison, and for
it government.
Be UenaefM by the Ronnie and Hon" of
R jmtrnitttiviiofthe VnUodR'atet of Amr
im in Omnreu ant tabled. That there tthall
he established at Rock Island, in the
State of Illinois, a prison for the con
finement and reformation of offenders
against the rules, regulations and laws
for the government of the army of
the United States, in which shall lie
securely conflued, and employed at
labor, and governed in the manner
hereinafter directed, all offenders con
victed before any court-martial or mil
itary commission In the United States,
and sentenced according to law to Im
prisonment therein.
Sec. 2. That the Secretary of War
shall organize a board of five mem
bers, to consist of three officers ot the
army and two persons from civil life, '
who shall adopt it plan for fife build-
iug ol such prison, and who shall
frame nam fox the government
of the prlSnVrSlfr luWifdaiice with
the provisions of tins act. The said
commissioners from otyil life shall
hold their office for the term of three
years, and shall be paid five dollars a
day while on duty.aml necessary trav
elling expenses ; and the said officers
of the army shall, at all times, be sub
ject to removal bv the Secretary of
Sec. 3. That the Secretary of War
shall, with said commissioner, semi
annually, and as m a h oftetier as may
be deemed expedient, visit said prison
for the purposes of examination, in
spection, and correction ; and rhey
shall Inquire into all abuse or neg
lects ot duty on the part of the officers
or other persons in charge of the same,
and make such changes in the genera
discipline of the prison a they may
hold to lie essential.
Sec. 4. 'That the officer of the
prison htill consist of a commandant
and such subordinate officers as may
tie necessary, a chaplain, a surgeon
and a clerk, who shall be detailed by
the Secretary ot War from the commis
sioned officers of the army ; and a
sufficient iHimber of enlisted men shall
be detailed by the Secretary of War
to act as turnkeys, guards, and assist
ants in tlie prison.
Sec. 6. That one of the inspectors
of the army shall, at least once iu
three mouths, visit the prison for the
purjiose of examining Into the book
and ali the affair thereof, and ascer
taining whether the law, rules, and
regulations relating tilt reto are com
plied with, i lie officers are competent
and laithtul, and the convicts properly
governed and employed, arid at the
same time treated with humanity and
kindness. And it shall he the duty of
the inspector, at once, to make lull re
port thereof to the Secretary of War.
ee. . mat neiore me command-
ant enters upon the duties of his office
he shall give bond, with sulBcieul sure-1
ties, ui a sum to be fixed by the Secre-
tarv of War, to he approved by him,
conditioned that he shall faithfully ac
count tor till money placed iu his
hands for the use ot the prison and for
the faithful discharge of all his duties
as commandant. He shall have com
mand of the prison ; shall have the
charge and employment ot the pris
oners, and the custody of all the prop
erty of the government connected
with the prison. He shall receive anil
pay out all money u;ed for the prison,
and shall cause to he kept, in suitable
books, complete accounts of all the
property, eiienses. income, hu-iiie-s,
and concerns of the. prison ; and shall
make full report thereof to the Secre
tary ot ar; ana snail, umier rne oi-
rection and wun ine approval oi ine
Secretary of War, employ, for the ben
efit of the United States, the convicts
at such labor and in such trades as
may lie deemed bet for their health
and reformation. He shall have pow
er to sell and dispose of any iiiticles
manufactured by the convicts, and
sha 1 1 regularly account for he pn iceeds
thereof, and shall give bond and secu
rity for the faithful keeping and ac
counting of all moneys and property
coming to his hands as such command
ant, lie shall take note and make
record of the good conduct of the con
victs, and shall shorten the dally time
of hard labor for those who, hy their
obedience, honesty, industry, or gen
eral good conduct, earn such favor-;
and tlie Secretary of War is authorized
and directed to remit, in part, the sen
tences of such convicts, and to give
them an honorable restoration to duty
in case the same is merited ; and in
ease any convict shall disobey the law
ful orders ot the officers of the prison,
or refue to comply with the rule and
regulations thereof, he may be placed
iu solitary confinement, and the com
mandant shall at once report the case
to the Secretary of War. who shall di-
rect the inspector to make full exaiut-
nation and report of the matter at tlie
next inspection; hut in no case. shall
any prisoner be subjected to whipping,
branding, or the carrying of weights
for the purpose of discipline, or for
producing penitence ; and every pris
oner, upon being discharged from
prison, shall be furnished with decent
Sec. 7. That the ueof newspapers
and books shall not be denied the con
victs at times when not employed ;
and that unofficial visitors shall be ad
mitted to the prison under such restric
tions as the board of commissioners
may impose. The prisoners shall not
be denied the privilege of communi
cating with their friends by letter,
and from receiving like communica
tions from them, all of which shall be
subject to the inspection of the com
mandant, or such officer as he may as
sign to that duty.
Sec. 8. That the prisoners shall be
supplied with ample and clean bed
ding, and with wholesome and suffi
cient food, but when in hospital or
under discipline their diet shall be
prescribed by the proper authority.
The prison shall lie suitably ventilated,
and each prisoner shall have a weekly
bath of cold or tepid water, which
shall be applied to the whole surface
of the body, unless the surgeon shall
direct otherwise for the health of tbe
Sec. 9. That no officer of the pris
on, or other person connected there-
with, shall be concerned or interested,
directly or indirectly, in any contract,
purchase, or sale made on account of
the prison. .
Sec. 10. 'That liny officer who shall
sutler a convict to e-cape. or shall in
any way cnnwff to hi- cape. orhnli
aid him to escape, or in an attempt to
ecape. .shall, upon conviction, he dis
missed from the service, mid suffer
such other punishment u a court-martial
may Inflict.
Sec. 11. That any soldier or other
person employed iu the prison who
shall suffer a convict to e-cape, or
shall in any way consent to hisecape.
or shall aid him to escape, or in an
attempt to escape, shall, upon convic
tion bv a court-martial; be confined
; therein not less than one year.
See. 12. 'That all prisoners under
confinement in said military prisona
undergoing sentence of court '-martial
shall bp liable to trial and punishment
hy courts-martial under the rules and
articles of war for offences committed
during the said confinement,
; Approved, March 8, 1S73.
General Nature No. 72.)
AN ACT to aftiend an act entitled
"All act to prevent smuggling, and
for other purposes," appro veil July
eighteenth, eighteen hundred and
B- U nart d bjj th R naif rind Ilovae of
R profrttotti tof iht! Utilifo ' Suit if if .fmm
! tea tn C nor u lutxnb1 a. That the seventh
i section of the ncl entitled "An act to
; further prevent smuggling, and for
! other purposes." approved lulv eight
' eenth. eight ee i hundred and -i'kty-six.
is hereby amended so a to read as
; follows : 'That it shall he the duty of
the several collector of customs and
i of interna! revenue to report within
i ten days to the (ii-trict attorney of the
district in which any fine, penalty or
forfeiture may bp incurred for the vio
lation of any law of the United States
relating to the revenue, a statement of
all the lin ts and circumstances of the
, ((Jlse .irlin tMr knowledge, together
; with rl8me ,he wrues.e and
whj,.h iav come to their knowledwi
time to time station. i.
from time to tune.
ions of the law believed to be violated.
and on w hich a reliance may he had
for condemnation or conviction, and
such district attorney shall cause the
proper proceedings W be commenced
and prosecuted without delay for the
tines, penalties, and forfeitures by law
in such case provided, unless, upon in
quiry and examination, he shall decide
that such proceedings cannot probably
be sustained, or that the ends of public
justice do not require that proceedings
should be instituted, in which case he
shall report the facts in customs cases
to the Secretary of the 'Treasury, and
in internal revenue cases to the Com-
missloner of Internal Revenue, lor
thejr ,nreutiou ; and for the
incurred and services rendered in all
such cases the district attorney shall
receive and be paid from the treasury
stub sum a- tlie Secretary of the 'Treas
ury shall deem just and reasonable:
npOD the certificate of tlie judge be
fore whom such cases are tried or dis
posed of : I'rwtded. hoverer, 'Hint the
annual compensation of such di -trict
attorney hall nrjt exceed the maxi
mum amount now prescribed by law ;
and if any collector shall iu any wise
fail to report to the proper district at
torney as prescribed in this section,
such collector's right to any compen
sation, benefit, or allowance in such
case shall be forfeited to the United
State, and the same may. In the dis
cretion of the Secretary of the Treas
ury, be awarded to such persons at
may make complaint anil prosecute
the same to judgment or conviction.
Approved, March 3, 1873.
(General Nature-No. 73.)
AN ACT to regulate the taking of tes
timony in certain nises.
U r-natt ii b)i the R not- and Howie of
R ;w n'ativ. of the Unit d R e f Amtr-
iaa in Von(,r u ..7W t, Thai no witness
i "ha" he compelled to appear or totea-
tifv before any commissioner or officer
U'ppolnted to take testimony under let-
ters rogatory, issued or to be issued
from any court in any foreign country,
in any suit or proceeding in which the
government of such foreign country
shall he a party ot record or in inter
est, except for the purpose of answer
ing specific written interrogatories is
sued with and accompanying such let
ters rogatory, and addressed to such
Witness : J'roe.dnl, That when coun
sel for all the parties attend the exam
ination, they may consent that ques
tions in addition to those accompany
ing the letter rogatory, exclude such
additional interrogatories.
Sec. 2. That no witness shall lie re
quired, on such examination, or any
other under letters rogatory, to make
any disclosure or discovery which
shall tend to criminate him either un
der the laws of tbe State or 'Territory
within which such examination is hail,
or any other, or any foreign State.
Approved, March 3, 1873.
General Nature-No. 75.
AN ACT providing for the payment
to the government of Japan the
sum due on account of rents for
lands and buildings occupied by the
diplomatic and consular representa
tives of the United States to Japan,
aud for oilier purposes.
Be U enacted by the Rmte and Htnmof
R"premtattee.$of the UniUd H otel of Amer
ica in Cuntrreu auembled, That the Sec
retary ol State be, and he la hereby,
authorized to pay to the governmeat