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CHAP. 83.-An act for the relief of the district judge of Vermont. Whereas the present incumbent of the office of district judge for the district of Vermont is incapacitated by sickness and paralysis from performing the duties of his office, which incapacity is believed to be permanent: Therefore,

Feb. 18, 1875.

continued after

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the resignation of the Salary of district district judge for the district of Vermont being tendered and accepted judge of Vermont by the President of the United States, the salary now received by said resignation. judge shall be continued to him during his natural life, payable in the same manner and form as if he actually performed the duties of his office.

Approved, February 18, 1875.

CHAP. 84.-An act providing for the distribution of the Revised Statutes of the
United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State is hereby directed to furnish, for the use of the Senate, one thousand copies of the Revised Statutes of the United States; and for the use of the House of Representatives, three thousand copies of the same; to be distributed to the members of the present Congress.

SEC. 2. That the Secretary of State is hereby authorized to make arrangement with persons engaged in the business of selling books, to keep on sale the Revised Statutes of the United States; but in any such arrangement it shall be provided that the same be sold at the Government price to all purchasers, and the Secretary may allow to any such person keeping the Revised Statutes for sale, such part of the ten per cent. above the actual cost, as he may deem just and reasonable. Approved, February 18, 1875.

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CHAP. 89.-An act to amend section five thousand two hundred and forty of the Revised Statutes of the United States, in relation to the compensation of nationalbank examiners.

Feb. 19, 1875.

Occasional

ex

R. S., 5240, p. 1019.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five thousand two aminers of national hundred and forty of the Revised Statutes of the United States be so banks, compensaamended that the latter clause of said section, after the word "Comp- tion. troller" in the eighth line of said section, be amended so that the same shall read as follows, namely: "That all persons appointed to be examiners of national banks not located in the redemption-cities specified in section five thousand one hundred and ninety-two of the Revised Statutes of the United States, or in any one of the States of Oregon, California, and R. S., 5192, p. 1010. Nevada, or in the Territories, shall receive compensation for such examination as follows: For examining national banks having a capital less than one hundred thousand dollars, twenty dollars; those having a capital of one hundred thousand dollars and less than three hundred thousand dollars, twenty-five dollars; those having a capital of three hundred thousand dollars and less than four hundred thousand dollars, thirty-five dollars; those having a capital of four hundred thousand dollars and less than five hundred thousand dollars, forty dollars; those having a capital of five hundred thousand dollars and less than six hundred thousand dollars, fifty dollars; those having a capital of six hundred thousand dollars and over, seventy-five dollars; which amounts shall be assessed by the Comptroller of the Currency upon, and paid by, the respective associations so examined; and shall be in lieu of the compensation and mileage heretofore allowed for making said examina

1010.

R. S., 5192, p. tions, and persons appointed to make examination of national banks in the cities named in section five thousand one hundred and ninety-two of the Revised Statutes of the United States, or in any one of the States of Oregon, California, and Nevada, or in the Territories, shall receive such compensation as may be fixed by the Secretary of the Treasury upon the recommendation of the Comptroller of the Currency; and the same shall be assessed and paid in the manner hereinbefore provided." Approved, February 19, 1875.

Feb. 19, 1875.

Leases of lands by Seneca Nation of New York Indians, for railroad

purposes.

CHAP. 90.-An act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany reservations, and to confirm existing leases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all leases of land within the Cattaraugus and Allegany reservations in the State of New York, heretofore made by or with the authority of the Seneca Nation of New York Indians, to railroad-corporations, are hereby ratified and confirmed; and said Seneca Nation may, in accordance with their laws and form of government, lease lands within said reservations for railroadpurposes. Boundaries of SEC. 2. That the President of the United States shall appoint three certain villages in commissioners, whose duty it shall be, as soon as may be, to survey, loAllegany reservacate, and establish proper boundaries and limits of the villages of Vantion. dalia, Carrolton, Great Valley, Salamanca, West Salamanca, and Red House, within said Allegany reservation, including therein, as far as practicable, all lands now occupied by white settlers and such other lands as, in their opinion, may be reasonably required for the purposes of such villages; and they shall cause a return of their doings in writing, Maps of survey. together with maps of such surveys and locations duly certified by them, to be filed in the office of the county clerk of the county of Cattaraugus, in said State, there to be recorded and preserved. The boundaries of said villages so surveyed, located, and established shall be the limits of said villages for all the purposes of this act.

Leases in said vil

lages by Indians, to be valid for five

years, &c.

Renewal

leases.

SEC. 3. That all leases of land situate within the limits of said villages when established as herein before provided, except those provided for in the second section of this act, in which Indians or said Seneca Nation, or persons claiming under them are lessors, shall be valid and binding upon the parties thereto, and upon said Seneca Nation for a period of five years from and after the passage of this act, except such as by their terms may expire at an earlier date; and at the end of said period, or at the expiration of such leases as terminate within that time, said nation through its councillors shall be entitled to the possession of the said lands, and shall have the power to lease the same: Provided, however, That at the expiration of said period, or the termination of said leases, as hereinbefore provided, said leases shall of be renewable for periods not exceeding twelve years, and the persons who may be at such time the owner or owners of improvements erected upon such lands, shall be entitled to such renewed leases, and to continue in possession of such lands, on such conditions as may be agreed upon by him or them and such councillors; and in case they cannot agree upon the conditions of such leases, or the amount of annual rents to be paid, then the said councillors shall appoint one person, and the other party or parties shall choose one person, as referees to fix and determine the terms of said lease and the amount of annual rent to be paid; and if the two so appointed and chosen cannot agree, they shall choose a third person to act with them, the award of whom, or the major part of whom, shall be final and binding upon the parties; and the person or persons owning said improvements shall be entitled to a lease of said land and to occupy and improve the same according to the terms of said award, he or they paying rent and otherwise complying with the said lease or said award; and whenever any lease shall expire after its

renewal as aforesaid, it may, at the option of the lessee, his heirs or assigns, be renewed in the manner herein before provided.

SEC. 4. That said Seneca Nation is hereby authorized, by resolution of its councillors, duly elected according to the laws and system of government of said nation, or in such other manner as said nation in council may determine, to lease lands within said villages to which, by the laws or customs of said nation, no individual Indian or Indians, or other person claiming under him or them, has or is entitled to the rightful possession.

Power of Seneca

Nation to lease lands not owned by individuals.

Survey of village

Recording of

SEC. 5. That it shall be the further duty of the said commissioners to cause all lands within such villages now leased, as herein before men- lands now leased. tioned, to be surveyed and defined as near as may be, and to cause the same to be designated upon the maps of such villages herein before mentioned and provided for. All leases of lands within said villages, whether now existing or hereafter to be made under the provisions of this act, leases. shall be recorded in the office of the clerk of said county of Cattaraugus in the same manner and with like effect as similar instruments relating to lands lying in said county outside of said reservations are recorded by the laws of said State of New York. All leases herein mentioned or provided for shall pass by assignment in writing, will, descent, or other wise in the manner provided by the laws of said State: Provided, however, That the rights of Indians in such leases shall descend as provided by the laws of said Seneca Nation.

Assignment, devise, descent of leases.

Rents due Seneca

SEC. 6. That all moneys arising from rents under the provisions of this act which shall belong to said Seneca Nation shall be paid to and Nation, how recovrecoverable by the treasurer of said Seneca Nation, and expended in the ered and applied. same manner and for the same purposes as are other revenues or moneys belonging to said Seneca Nation.

Jurisdiction of

SEC. 7. That the courts of the State of New York within and for the county of Cattaraugus, having jurisdiction in real actions, and the cir- courts. cuit and district courts of the United States in and for the northern district of said State, shall have jurisdiction of all actions for the recov ery of rents and for the recovery of possession of any real property within the limits of said villages, whether actions of debt, ejectment, or other forms of action, according to the practice in said courts; and actions of forcible entry and detainer, or of unlawful detainer arising in said villages, may be maintained in any of the courts of said county which have jurisdiction of such actions.

Laws of New

SEC. 8. That all laws of the State of New York now in force concerning the laying out, altering, discontinuing, and repairing highways York. and bridges shall be in force within said villages, and may, with the consent of said Seneca Nation in council, extend to, and be in force beyond, said villages in said reservations, or in either of them; and all municipal laws and regulations of said State may extend over and be in force within said villages: Provided, nevertheless, That nothing in this section shall be construed to authorize the taxation of any Indian, or the property of any Indian not a citizen of the United States. Approved, February 19, 1875.

Taxation of Indians.

CHAP. 91.-An act to authorize the Secretary of War to give permission to extend the Hygeia Hotel at Fortress Monroe, Virginia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to grant permission to Samuel M. Shoemaker, owner of the Hygeia Hotel at Fortress Monroe, Virginia, to enlarge the said hotel in such a manner as may be compatible with the interests of the United States, upon the terms and conditions set forth in joint resolution of the second session of the Fortieth Congress, House of Representatives, numbered forty-six.

Approved, February 19, 1875.

Feb. 19, 1975.

Enlargement of Hygeia Hotel at

Fortress Monroe.

Feb. 19, 1875.

CHAP. 92.—An act authorizing the Citizens' National Bank, of Sanbornton, N. H. to change its name.

Be it enacted by the Senate and House of Representatives of the United Name of Citizens' States of America in Congress assembled, That the name of the Citizens' National Bank, of National Bank, of Sanbornton, New Hampshire, shall be changed to Sanbornton, N. H.; the Citizens' National Bank of Tilton, New Hampshire, whenever the change of. board of directors of said bank shall accept the new name by resolution of the board, confirmed by a vote of two-thirds of the stockholders, and cause a copy of such action, duly authenticated, to be filed with the Comptroller of the Currency: Provided, That such acceptance be made within six months after the passage of this act; and that all expenses incident to the proposed change, including engraving, shall be borne and paid by said bank.

Devolution of

liabilities, rights and powers, to bank by new name.

Feb. 19, 1875.

SEC.-2. That all the debts, demands, liabilities, rights, privileges, and powers of the Citizens' National Bank of Sanbornton, shall devolve upon and inure to the Citizens' National Bank of Tilton, New Hamp shire, whenever such change of name is effected.

Approved, February 19, 1875.

CHAP. 93.—An act for the protection of the United States custom-house in the city of Louisville, Kentucky.

Be it enacted by the Senate and House of Representatives of the United Custom-house in States of America in Congress assembled, That the Secretary of the TreasLouisville, Ky., ury is hereby empowered and directed to purchase from the owner or purchase of land owners thereof, at a price not to exceed twelve thousand five hundred adjoining. dollars, all that certain piece of ground in the city of Louisville, county of Jefferson, and State of Kentucky, situate west of and adjoining the United States custom-house, fronting twenty-five feet on Green street, and extending back one hundred and fifty feet, parallel with and the same depth as the custom-house property; and for that purpose the sum of twelve thousand and five hundred dollars, or so much thereof as shall Appropriation. be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated: Provided, however, That no part of the money hereby appropriated shall be paid or expended until a clear, perfect, and absolute title in fee simple to the ground shall have been secured and conveyed to the United States by a good and sufficient deed of general warranty.

Feb. 20, 1875.

Amending,

Approved, February 19, 1875.

CHAP. 94.—An act to amend an act entitled “An act for the government of the District of Columbia, and for other purposes", approved June twentieth, eighteen hundred and seventy-four.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the seventh section of the 1874, c. 337, s. 7; act of Congress entitled "An act, for the government of the District of ante, p. 120.

Columbia, and for other purposes", approved June twentieth, eighteen hundred and seventy-four, be, and the same is hereby, amended by inserting the words "do so" after the fortieth word following the first period in said section, so that it will read: "And the faith of the United States is hereby pledged that the United States will, by proper proportional appropriations as contemplated in this act, and by causing to be levied upon the property within said District such taxes as will do so, provide the revenues necessary to pay the interest on said bonds as the same may become due and payable, and create a sinking fund for the payment of the principal thereof at maturity": Provided That registered bonds may be issued in lieu of coupon bonds as provided in said act or exchanged for coupon bonds already issued, and the interest of all said bonds shall be payable at the Treasury of the United States. Approved, February 20, 1875.

CHAP. 95.-An act regulating fees and costs and for other purposes.

Feb. 22, 1875.

Accounts for

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled," That before any bill of costs shall be taxed by any judge or other officer, or any account payable costs, &c., of clerks, out of the money of the United States shall be allowed by any officer of marshals, district the Treasury, in favor of clerks, marshals, or district attorneys, the party missioners; how to attorneys, and comclaiming such account shall render the same; with the vouchers and be proven and preitems thereof, to a United States circuit or district court, and, in pres- sented before taxence of the district attorney or his sworn assistant, whose presence shall ing or allowing. be noted on the record, prove in open court, to the satisfaction of the court, by his own oath or that of other persons having knowledge of the facts, to be attached to such account, that the services therein charged have been actually and necessarily performed as therein stated; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be entered of record an order approving or disapproving the account, as may be according to law, and just. United States commissioners shall forward their accounts, duly verified by oath, to the district attorneys of their respective districts, by whom they shall be submitted for approval in open court, and the court shall pass upon the same in the manner aforesaid. Accounts and vouchers of clerks, marshals, and district attorneys shall be made in duplicate, to vouchers to be forbe marked respectively "original" and "duplicate". And it shall be the duty of the clerk to forward the original accounts and vouchers of the officers above specified, when approved, to the proper accounting officers of the Treasury, and to retain in his office the duplicates, where they shall be open to public inspection at all times. Nothing contained in this act shall be deemed in any wise to diminish or affect the right of revision of the accounts to which this act applies by the accounting officers of the Treasury, as exercised under the laws now in force."

Accounts and

warded.

Revision of accounts.

Clerk and mar

SEC. 2. That whenever the business of the courts in any judicial district shall make it necessary, in the opinion of the Attorney General, shal; when to give for the clerk or marshal to furnish greater security than the official bond increased bond. now required by law, a bond in a sum not to exceed forty thousand dollars shall be given when required by the Attorney General, who shall fix the amount thereof.

Bonds of clerks

SEC. 3. That the clerks of the Supreme Court and the circuit and district courts, respectively, shall each, before he enters upon the execution of Supreme Court, of his office, give bond, with sufficient sureties, to be approved by the and of circuit and court for which he is appointed, to the United States, in the sum of not district courts. less than five, and not more than twenty thousand dollars, to be determined and regulated by the Attorney-General of the United States, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court of which he is clerk; and it shall be the duty of the district attorneys of the United States, upon Duty of district requirement by the Attorney General, to give thirty days notice of mo- attorneys as to. tion in their several courts that new bonds, in accordance with the terms of this act, are required to be executed; and upon failure of any clerk to execute such new bonds, his office shall be deemed vacant. The Attorney General may at any time, upon like notice through the district attorney, require a bond of increased amount, in his discretion, from any of said clerks within the limit of the amount above specified; and the failure of the clerk to execute the same shall in like manner vacate his office. All bonds given by the clerks shall, after approval, be recorded in their respective offices, and copies thereof from the records, certified by the clerks respectively, under seal of court, shall be competent evidence in any court. The original bonds shall be filed in the Department of Justice.

Mandamus by

SEC. 4. That the circuit courts of the United States, for the purposes of this act, shall have power to award the writ of mandamus, according circuit court to ofto the course of the common law, upon motion of the Attorney-General or the district attorney of the United States, to any officer thereof, to

ficers thereof.

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