« EdellinenJatka »
title is confirmed shall have the right to enter upon any of the public lands of the United States a quantity of land equal in extent to that sold by the government: Provided, That said entry be made only on lands subject to private entry at one dollar and twenty-five cents per acre, and as far as may be possible, in legal divisions and subdivisions, according to the surveys made by the United States.
be prima facie
95. Whenever any claim is presented for confirmation under the provisions of this act, which has heretofore been presented before any board of commissioners under Testimony before authority of congress, the facts reported as proven by the former board shall be taken a former board to as true, primâ facie; and the evidence offered before such former board, and remain- evidence. ing of record, shall be admitted on the examination of the claims made under the provisions of this act.
22 June 1860.
until final deci
96. No land claimed under the provisions of this act shall be offered for sale, or Ibid. 28. otherwise disposed of by the officers of the United States, until the final decision shall Lands claimed be made on the validity of such claim; and in no case where land is possessed or culti- not to be sold vated by private persons shall it be entered upon or surveyed as public land, or offered sion. for sale, without previous notice given to those in possession, requiring them to present their claims for confirmation; and if, within sixty days from the date of such notice, such claim shall not have been filed, then the proper officers of the government may proceed to the survey or sale of such lands as public lands, without prejudice, however, to the legal rights of the possessor or claimant, if any he have.
97. Before the boards of commissioners shall be required to receive for record any notice, paper, evidence of title, or testimony, in support of any claim, the claimant shall Fees for recordpay to said board the sum of twenty-five cents for every hundred words required to be ing papers to be prepaid. recorded, which shall be in full consideration for the recording and the transcript required to be forwarded to the commissioner of the general land office.
98. At the commencement of each regular session of congress, it shall be the duty of the commissioner of the general land office to make report of all that has been done Reports to conunder the provisions of this act, by the several officers charged with its execution.
claimed by com
99. In any case of such a claim to lands as is herein before in the first section of this Ibid. 11. act mentioned, where the lands claimed have not been in possession of and cultivated Proceedings by the original claimant or claimants, or those holding title under him or them, for the where lands are period of twenty years aforesaid, and where such lands are claimed by complete grant plete grant or or concession, or order of survey duly executed, or by other mode of investiture of the title thereto in the original claimant or claimants, by separation thereof from the mass of the public domain, either by actual survey or definition of fixed natural and ascertainable boundaries or initial points, courses and distances by the competent authority, prior to the cession to the United States of the territory in which said lands were included, or where such title was created and perfected during the period while the foreign governments from which it emanated claimed sovereignty over or had the actual possession of such territory, the person or persons, his, her or their heirs, devisees, legal representatives or grantees, so claiming such lands, may, at their option, instead of submitting their claim to the officer or officers herein before mentioned, proceed by Jurisdiction of petition in any district court of the United States within whose jurisdiction the lands the district or any part of the lands claimed may lie, unless such claim comes within the purview of the third section of this act; to which petition the United States shall be made defendant, and it shall be verified by the oath of the party or parties, and conform to the provisions of section one of this act, and to the practice of such court in chancery, and the attorney of the United States for such district shall defend against the same for the United States; and the court shall decide the claim valid or invalid according Appeals. to the principles established in this act, and decree accordingly. If the decree be against the United States, an appeal shall be entered to the supreme court of the United States; and if it be against the claimant or claimants, he or they may take an appeal directly to that court, as of right and course, without affidavit or security other than for costs; and the same shall be adjudged de novo in the supreme court, as in other cases of appeals thereto in chancery, and as equity and justice and the principles aforesaid may Effect of decree, require; which decision shall be final, and patent shall thereupon issue, if the claim be adjudged valid, for so much of the lands claimed as remain unsold; and for so much as may have been sold, the provisions of section six of this act shall apply and be in force.
100. This act shall be and remain in force during the term of five years, unless sooner repealed by congress; (c) and all claims presented or sued upon, according to the pro- Duration of act. visions of this act, within the said term of five years, may be prosecuted to final determination and decision, notwithstanding the said term of five years may have expired before such final determination and decision.
(a) Extended by act 2 March 1867, for a period of three years from that date. 14 Stat. 544.
XX. LANDS IN OREGON AND WASHINGTON.
101. That the existing laws relating to the survey and disposal of the public lands in the territories of Oregon and Washington, west of the Cascade mountains, be and Laws extended to the same are hereby extended and made applicable also to the lands lying east of said
mountains within said territories.
lands east of the
29 May 1858 1. 11 Stat. 293.
Subdivision of donation claims.
25 June 1864 8 1. 13 Stat. 184. Failure to file notice not to work forfeiture in certain cases.
26 July 1866 8. 14 Stat. 253.
Ibid. 9. Customary possessory rights, &c., to be protected.
105. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing or other purposes, have vested and accrued, and the same are recognised and acknowledged by the local customs, laws and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purConstruction of poses aforesaid is hereby acknowledged and confirmed: Provided, however, That when
ever, after the passage of this act, any person or persons shall, in the construction of any ditch or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
ditches and canals.
102. Whenever it shall appear that two donation settlers in the state of Oregon or Washington territory shall hold their conterminous improvements in such a manner, as may require a half quarter section to be divided into two equal parts by a line north and south, or east and west, it shall and may be lawful for the commissioner of the general land office to issue patents recognising for each claimant such subdivisions; this enactment to include cases existing at the date of this act, where the claim may be proved and established according to law.
103. In all cases under the act of congress, approved September 27th 1850, (a) entitled "An act to create the office of surveyor-general of the public lands in Oregon, and to provide for the survey, and to make donations to settlers of the said public lands,” and the several acts amendatory and supplemental thereto, in which the actual settlement may be shown to be bonâ fide, and the claim in all respects to be fully within the requirements of existing laws, except as to the failure of the party to file notice within the time fixed by statute, such failure shall not work forfeiture, when no adverse rights intervene before the filing of the required notification by the claimant.(b)
XXI. GENERAL PROVISIONS.
104. The right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.
5 Feb. 18599. 11 Stat. 381. Duplicate and imperfect books to be disposed of. Ibid. 11. Disposition of Statutes at Large.
1. Duplicate and imperfect books to be disposed of.
2. Disposition of Statutes at Large.
1. The joint committee on the library may, at any time, dispose of duplicate, injured or wasted books of the library, or any other matter in the library not deemed proper to it, in such manner as such committee may deem best.
2. That of the Statutes at Large of the United States, published by Little and Brown, now deposited in the library of congress for the use of senators and representatives during the sessions of congress, ten copies be retained by the librarian for the use of the judges of the supreme court, during the terms of court; and that one-third of the number then remaining in the library be transferred to the senate, and two-thirds to the library of the house of representatives, for the use of the senators and representatives during the sessions of congress.
2. When lights may be discontinued.
3. Secretary may re-establish lights.
1. When permanent lighthouses to be substituted for light. vessels.
4. Salaries of keepers of lighthouses, how fixed.
5. Power to purchase sites for lighthouses.
6. Warnings of temporary obstructions.
11 Stat. 424.
3 March 1859 2. 1. Whenever any of the light-vessels occupying positions which are adapted to the erection of lighthouses upon pile foundations, require to be rebuilt, or such extensive repairs, as to render the substitution of such lighthouses advisable and to be substituted practicable, then such permanent structures are authorized to be erected in place of any
When permanent lighthouses
for light-vessels. such light-vessels: Provided, That the expense arising from all such changes and erec
(a) 1 vol. 571, pl. 611.
(b) The words single man," in the act 27 September 1850, embrace unmarried women. Silver v. Ladd, 7 Wall. 219.
tions shall be defrayed from the general annual appropriation for repairs, &c., of light- 3 March 1859. vessels, unless special appropriations should be made for any such change.
Ibid. 2 3.
2. That the secretary of the treasury, on the recommendation of the lighthouse board, be and he hereby is authorized, in his discretion, to discontinue, from time to time, such When lights may lights as may become useless by reason of the mutations of commerce, and changes of be discontinued. channels of harbors, and other causes.
12 Stat. 63.
3. That the secretary of the treasury, on the recommendation of the lighthouse board, 20 June 1860 5. be and he is hereby authorized, in his discretion, to re-establish, from time to time, such lights as may have been, or may hereafter be, discontinued as useless, under the autho- Secretary may rity conferred by the act of 3d March 1859, (a) entitled "An act making appropriations lights. for lighthouses," and so forth, whenever, in the judgment of the secretary of the treasury, upon the recommendation of the lighthouse board, such re-establishment is required by public convenience or the necessities of commerce.
14 Stat. 425.
4. That, from and after the passage of this act, the secretary of the treasury be and 2 March 1867 8 4. he is hereby authorized and empowered to regulate and fix the salaries of the respective keepers of lighthouses, in such manner as he shall deem just and proper: Provided, That the whole sum allowed shall not exceed an average of six hundred dollars to each keeper.
14 Stat. 466.
chase sites for
5. The lighthouse board is authorized, whenever an appropriation has been or may 2 March 1867 2 4. be made by congress for a new lighthouse, the proper site for which does not belong to the United States, to purchase the necessary land, provided the purchase-money be paid Power to purfrom the amount appropriated for such lighthouse: Provided, That no superintendent lighthouses. of lights, whose compensation as collector of customs exceeds three thousand dollars per annum, shall receive any compensation as disbursing agent for the lighthouse establishment, whether the sums disbursed by him be for articles to be used or services rendered within or without the limits of his superintendency or collection district.
Salaries of keepers of lighthouses.
15 Stat. 249.
6. That the lighthouse board be and they are hereby authorized, when, in their 2 March 1868 2 1. judgment, it is deemed necessary, to place a light-vessel, or other suitable warning of danger, on or over any wreck or temporary obstruction to the entrance of any harbor, Warnings of temor in the channel or fairway of any bay or sound.
1. Limitation of actions for acts done during the rebellion, 2. Limitation extended in certain cases. under federal authority.
12 Stat. 757. Limitation of ac
1. No suit or prosecution, civil or criminal, shall be maintained for any arrest or 3 March 1863 § 7. imprisonment made, or other trespasses or wrongs done or committed, or act omitted to be done, at any time during the present rebellion, by virtue or under color of any tims for acts authority derived from or exercised by or under the president of the United States, or done, during the by or under any act of congress, unless the same shall have been commenced within rebellion, under federal authority. two years next after such arrest, imprisonment, trespass or wrong may have been done or committed, or act may have been omitted to be done: Provided, That in no case shall the limitation herein provided commence to run until the passage of this act; so that no party shall, by virtue of this act, be debarred of his remedy by suit or prosecution until two years from and after the passage of this act.
13 Stat. 123.
2. Whenever, during the existence of the present rebellion, any action, civil or crimi- 11 June 1864 ? 1. nal, shall accrue against any person who, by reason of resistance to the execution of the laws of the United States, or the interruption of the ordinary course of judicial pro- Limita in certain ceedings, cannot be served with process for the commencement of such action or the cases. arrest of such person, or whenever, after such action, civil or criminal, shall have accrued, such person cannot, by reason of such resistance of the laws, or such interruption of judicial proceedings, be arrested or served with process for the commencement of the action, the time during which such person shall so be beyond the reach of legal process shall not be deemed or taken as any part of the time limited by law for the commencement of such action. (b)
(a) Supra 2.
(b) Independently of this act, the time during which the courts in the lately rebellious states were closed to citizens of the loyal states. is, in suits brought by them since, to be excluded from the computation of the time fixed by statutes of limitation, within
which suits may be brought; though there be no such exception in the statutes themselves. Hanger v. Abbott, & Wall. 532. Jackson Insurance Co. v. Stewart, 15 Am. L. R. 732. Whitfield v. Allison, 2 Am. L. Rev. 188.
27 July 1866
14 Stat. 300.
I. DISTRICT court.
1. That the southern judicial district of the state of California, and the western district of Louisiana shall be and the same are hereby abolished, and hereafter the Western district said states shall respectively constitute one judicial district, and shall respectively be
called the districts of California and Louisiana. The district judge, marshal and district attorney of the United States for the northern district of California, and the eastern district of Louisiana, shall respectively possess and exercise the same powers and jurisdiction in said district courts of California and Louisiana as they now possess and exercise in their respective districts.
Ibid. § 3. Custody of records.
Ibid. 4. Executions on former judgments.
I. DISTRICT COURT.
2. All actions, suits and proceedings, civil or criminal, which shall have been comTransfer of pend- menced, and at the time of the passage of this act shall be pending in the southern district of California, or the western district of Louisiana, and all process, orders, judg ments, decrees, records or other papers or proceedings relating thereto or filed therein, shall be transferred to the said district courts of California and Louisiana, respectively; which courts shall possess and exercise over such actions, suits and proceedings, and the process, orders, judgments, decrees, records and other papers and proceedings so transferred, the same authority and jurisdiction as they would have had if such actions, suits and proceedings had been commenced in said courts; and no indictment, writ, process, recognisance, or other proceeding returnable to or to be heard, tried or considered in the said southern district of California, or said western district of Louisiana, shall be abated, discontinued or rendered void by the transfer thereof as aforesaid.
3. The clerks of the said southern district of California, and the said western district of Louisiana shall, as soon as practicable after the passage of this act, deliver to and deposit with the clerks of the said district courts of California and Louisiana, respectively, all property, books, records, documents and papers remaining in their respective offices; and the same shall be received and kept by the said last-mentioned clerks, subject to the order and direction of such courts respectively.
4. Executions may be issued out of the said district court of California, and the said district court of Louisiana, respectively, to collect any judgment or decree rendered in the said southern district of California, or said western district of Louisiana, before the passage of this act, with the same effect as the same might now be issued out of the court in which such judgment or decree was rendered. And all process which shall have been issued out of said district court for the southern district of California, or said western district of Louisiana, and shall not have been returned before the passage of this act, shall be returned to and filed with the clerks of the district courts of California and Louisiana, respectively.
28 July 1866 21. 4 Stat. 344.
5. Salary of district judge.
6. Transfer of causes from the provisional court.
7. Certain causes to remain without further action.
6. All suits, causes, prosecutions and proceedings in the United States provisional court for the state of Louisiana, with the records thereof, be and the same are hereby transferred to the United States district court for the eastern district of Louisiana; (a) provisional court. and all suits, causes, prosecutions and proceedings so transferred shall be proceeded
Transfer of causes from the
with in said court and tried and determined, and process and judgment issued and executed therein and by said court, in the same manner and with like effect as if the same had been commenced originally in said district courts: Provided, however, That any suit or proceeding so transferred, of which the circuit court could take jurisdiction under the laws of the United States, shall in like manner be heard and determined in the circuit court held in said district. (c)
5. The salary of the United States district judge for the district of Louisiana shall hereafter be four thousand five hundred dollars per annum.
7. In case suits or proceedings are pending in said provisional court, which could not have been instituted in said circuit or district court, the record shall remain in said district court without further action therein.
8. All judgments, orders, decrees and decisions of the United States provisional Effect of transfer. Court for the state of Louisiana, relating to the causes hereby transferred to the district court of the eastern district of Louisiana, or to the circuit court held in said district, (a) See Leitensdorfer v. Webb, 20 How. 176. act, is to be regarded, in respect to appeal, as a decree of the (b) A decree of the provisional court, transferred under this circuit court. The Grapeshot, 7 Wall. 563.
shall at once become the judgments, orders, decrees and decisions of said district court, or said circuit court, unless the same are inconsistent with the rules and proceedings thereof; and may be enforced, pleaded and proved, as the judgments, orders, decrees or decisions of said district court, or said circuit court.
I. DISTRICT COURT.
1. District court to be held at Bath, instead of Wiscasset. II. COLLECTION DISTRICTS.
2. District of Castine.
I. DISTRICT COURT.
12 Stat. 575.
1. That the district court of the United States now held at Wiscasset, in the district 14 July 1862 2 1. of Maine, on the first Tuesday of September of each year, be hereafter held at Bath, in said district, on the same day in each year.
II. COLLECTION DISTRICTS.
1. Enlistment of minors authorized.
2. Increase of marine force.
3. Appointment of officers.
3. Deputy collector at Calais, may enter and clear vessels. 4. District of Aroostook.
5. Collector. Compensation.
2. The collection district of Penobscot, in the state of Maine, shall hereafter be called 13 April 1866 § 3. the district of Castine.
14 Stat. 33.
28 July 1868.
14 Stat. 251.
3. The secretary of the treasury may authorize, under such regulations as he shall 25 July 1866 2 1. deem necessary, the deputy-collector of customs at the port of Calais, in the state of Maine, to enter and clear vessels, and to perform such other official acts as the said Deputy-collector secretary shall think advisable.
4. That that portion of the state of Maine now included within the limits of the county of Aroostook be and the same is hereby constituted a customs collection district, to be called the district of Aroostook, of which Houlton, in the said county, shall be the only port of entry.
Ibid. § 2.
5. A collector of customs shall be appointed for the said district, who shall reside at said port of entry, and shall be entitled to the same compensation that is allowed to Collector. other collectors of customs on the northern, northeastern and northwestern frontiers of the United States by the second section of the act approved June 17th 1864: (a) Provided, That the aggregate maximum compensation of the collector of Aroostook Compensation. shall not exceed fifteen hundred dollars, and which shall be the entire compensation allowed.
5. Rank and pay of commandant.
(a) See tit. "Imports and Exports," 5.
(b) The enlistment of minors, under seventeen years of age, in the marine corps, without the consent of their parents and VOL. 11.-27
at may enter and clear
22 Feb. 1869 1. 15 Stat. 273. District of Aroostook.
11 Stat. 318.
1. It shall be lawful to enlist boys for service in the United States marine corps, 12 June 1858 3 3. with the consent of their parents or guardians, not being under eleven or over seventeen years of age, (b) to serve until they shall arrive at the age of twenty-one years; the boys Enlistment of miso enlisted to receive the same pay, rations, clothing, and so forth, now received by boys enlisted in said corps, under the authority of the secretary of the navy.
12 Stat. 275.
2. The United States marine corps shall consist of the following officers, non-commis- 25 July 1861 ? 1. sioned officers, musicians and privates, viz.: one colonel commandant, one colonel, two lieutenant-colonels, four majors, one adjutant and inspector, one paymaster, one quarter- Increase of mamaster, two assistant quartermasters, twenty captains, thirty first lieutenants, thirty second lieutenants, one sergeant-major, one quartermaster-sergeant, one drum-major, one principal musician, two hundred sergeants, two hundred and twenty corporals, thirty musicians for band, sixty drummers, sixty fifers and twenty-five hundred privates.
3. The commissions of the officers now in the marine corps shall not be vacated by Ibid. 2. this act; and the president of the United States may, during the recess of the senate, Appointment of first by promotions, and then by selections, appoint the officers hereby authorized, which officers. appointments shall be submitted to the senate at their next session for their advice and
4. The appointment of commissioned officers to be made under the provisions of this act shall be of persons between the ages of twenty and twenty-five years, and [they] Qualifications.
guardians, is illegal and void. Commonwealth v. Selfridge, 25 Leg. Int. 221.