Tax, how to be levied and collected. June 1, 1872. Right of way through public lands granted to the Utah, Idaho & Montana R. R. Co., for railroad and telegraph purposes. Corporation legalized; may increase the time before mentioned, the Secretary of the Interior shall appoint a collector, whose duty it shall be to proceed with the collection of the taxes as assessed by the legislative assembly in such manner and form as shall be prescribed by the Secretary of the Interior. And if the said District of Columbia shall neglect, fail, or refuse to assess such tax, the Secretary of the Interior is hereby authorized and empowered to make such levy and proceed to its collection as aforesaid. And all acts inconsistent herewith are hereby repealed. APPROVED, June 1, 1872. CHAP. CCLXI. -An Act granting a Right of Way to the Utah, Idaho, and Montana Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of enabling the Utah, Idaho, and Montana Railroad Company, a corporation organized under the laws of the Territory of Utah, which said organization is hereby legalized and made valid, to build and extend their line by way of Malade River and Snake River valleys, through Utah, Idaho, and Montana Territories, to a connection with the Northern Pacific railroad, or with the Helena and Utah Northern railroad, by the most eligible route, to be selected by said company, the right of way to the extent of one hundred feet in width on each side of the centre of said road, through the public lands, be, and the same is hereby, granted to said company, their successors and assigns, for the construction of a railroad and telegraph from Corinne city, Utah Territory, to the Northern Pacific railroad, or to said Helena and Northern Utah railroad, as said company may elect, together with the right to increase their capital stock in proportion to the increased length of their its capital stock; line by resolution of their board of directors, and the filing with the auditor of public accounts of Utah of an additional certificate setting forth said increase, and to take from the public lands adjacent to the line of said road material of earth, stone, timber, and water for the construction and maintenance thereof, and the necessary ground for station-buildings, work-shops, depots, machine-shops, switches, side-tracks, turn-tables, and water-stations, not exceeding twenty acres for every ten miles of the main line of said road: Provided, That no private property shall be taken for the use of said company except in manner prescribed by the laws of Utah Territory, or by section three of an act entitled "An act to amend 'An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, military, and other purposes,' approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four. may take materials, &c., from public lands, &c. No private property to be taken except by, &c. 1864, ch. 216, §3. Vol. xiii. p. 357. 1862, ch. 120. Vol. xii. p. 489. Corporation may mortgage its road, &c., for not over, &c., and issue bonds. Proviso. Other roads may be built through any defile on the route of this road. Road when to be located and completed. Act may be altered, &c. SEC. 2. That said company shall be, and they are hereby, authorized and empowered to mortgage, in the usual manner, their franchise, roadbed, and all property belonging to said company, to an amount not exceeding thirty thousand dollars per mile for the entire length of said road, upon such terms as may seem to them best; and upon said mortgage may issue mortgage-bonds, not to exceed thirty thousand dollars per mile: Provided, That in no case shall the United States be responsible for said bonds. SEC. 3. That the rights herein granted shall not preclude the construction of other roads through any canyon, defile, or pass on the route of said road; nor shall any thing herein contained be construed as recognizing or denying the authority of the governor and legislature of Utah Territory to create railroad corporations. SEC. 4. That said company shall locate said railroad and telegraph line within eighteen months from the passage of this act, and shall complete the same within ten years thereafter, failing in which this act shall be null and void. SEC. 5. That Congress hereby reserves the right to alter, amend or repeal this act at any time, having due regard to the rights of said company. APPROVED, June 1, 1872. CHAP. CCLXII. An Act to authorize the Secretary of the Interior to make Partition of the Reservation to Me-shin-go-me-sia, a Miami Indian. June 1, 1872. ervation in trust sia. Vol. vii. p. 583. Right to pur Expenses of partition. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Partition to be Interior be, and he is hereby, authorized and directed, on written applica- made of the restion of the chief of said band being first filed in his office, to cause for the band of partition to be made of the reservation in trust for the band of Me-shin- Me-shin-go-mego-me-sia, of ten sections of land made by the seventh article of the treaty between the United States and the Miami tribe of Indians, entered into on the twenty-eighth day of November, eighteen hundred and forty, and by the Senate amendment thereto; and the United States hereby release chase released. to said band all right of purchase of said reservation. The expenses of said partition to be paid by said band, and the amount to be deducted by the Secretary of the Interior from any annuities or other moneys due or to become due the several persons to whom partition shall be made: Provided, That any costs or expenses made by claimants who shall not be found entitled to share in said lands shall not be a lien thereon, but shall be paid by said claimants, to be retained by said Secretary, out of any moneys that may be due or become due them from the United States: And provided further, That if from any cause the chief of said band shall fail to make said written application within six months next after the sage of this act any person or persons interested in said lands may make tion, within, &c. the same. pas If chief fails to make applica members of band made to survi vors, &c. Certain per SEC. 2. That the Secretary of the Interior shall ascertain, by name, Names of what persons constituted the band of Me-shin-go-me-sia on the twenty- Nov. 28, 1840, to eighth day of November, anno Domini eighteen hundred and forty, and be ascertained, then shall proceed to make partition of said reserved land per capita, and partition share and share alike in value, to the survivors of said band, and to their descendants, and to descendants of those who were members of said band at said date, but who have since deceased. He shall also include in said partition-list those persons of Miami blood not of said band, but who have intermarried with a member of said band, and who may be living at the sons intermarried date of said partition. In making said partition-lists the Secretary of the list. Interior is authorized to take or cause to be taken such testimony as he may deem necessary with the information now in his office, to enable him to discharge his duties under this act. Such testimony may be taken Testimony how before any person authorized to take and certify depositions under the law of the State of Indiana. The testimony to be taken on said reservation. to be included in to be taken. Homes and improvements. Value of im SEC. 3. That in the partition of said reservation the homes and improvements of the several persons entitled under section two of this act shall be set apart to the occupants as far as can be done in justice to all the parties in interest, the value of said improvements not in any case to be estimated where the same shall be on land awarded to the person who provements. made or caused them to be made, the corners of the several tracts to be distinctly marked and witnessed, and a record kept thereof and filed in the office of the Secretary of the Interior; and certified copies thereof and Copies to be of the lists so made, as heretofore provided, to be forwarded to and filed sent to auditors in the offices of the auditors of Grant and Wabash counties, in the State Wabash counof Indiana, where said land lies. The Secretary of the Interior shall, so ties, Indiana. soon as said partition is made, cause patents to issue to the several persons to whom partition is made under this act, conveying in fee to each the tract of land so set apart to him or her, which shall entitle the owner thereof to the use, occupancy, and control of the same against all claims whatsoever: Provided, That after the date of partition the said lands of Grant and Patents to issue. After partition, lands subject to shall become subject to the laws of descent of the State of Indiana the laws of descent of same as other lands in said State. Indiana. Lands not to be subject to, &c.; SEC. 4. That said lands shall never be subject, in any time to come, to any debt contracted, the consideration of which passed, in whole or in part, prior to the date of partition thereof; nor shall said lands be subject to levy, sale, forfeiture, or mortgage, nor to any lease for a longer period at any one time than three years (to be in writing in all cases). prior to the first day of January, eighteen hundred and eighty-one; nor shall said lands be disposed of, contracted, or sold by the owners thereof, under this to be subject to partition, prior to the first day of January, eighteen hundred and eightytaxation after, one: Provided, That the same shall be subject to taxation as other prop&c. erty under the laws of the State of Indiana on and after that date. Members of SEC. 5. That the members of said band, and their descendants, shall band, &c., when become citizens of the United States on the first day of January, eighteen hundred and eighty-one. to become citi zens. June 3, 1872. APPROVED, June 1, 1872. CHAP. CCLXIII.- An Act to authorize the President of the United States to negotiate with the Chiefs and Head-men of the Shoshone and Bannock Tribes of Indians for the Relinquishment of a Portion of their Reservation in Wyoming Territory. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to negotiate with the Shoshone and Bannock tribes of Indians, for the relinquishment of that portion of the reservation of said tribes in Wyoming Territory which is situate south of the central dividing ridge between the Big Popoagie and Little Wind rivers and south of the forty-third parallel, and to cede to said tribes lands lying north of and adjacent to their present reservation, equal in area to any lands by them ceded. And it shall be the duty of the President to report all proceedings under this act to Congress for approval or rejection: Provided, This authority shall not continue beyond January first, eighteen hundred and seventy-three. APPROVED, June 1, 1872. CHAP. CCLXXIX. An Act to authorize the Appointment of certain Officers in the Be it enacted by the Senate and House of Representatives of the United Certain officers States of America in Congress assembled, That the President be, and may be appointed in the quarterhereby is, authorized to nominate, and by and with the advice and consent master's depart of the Senate to appoint, certain officers of the quartermaster's department ment of the to the grade they would have held in said department, respectively, had army, &c. the vacancies created therein by the act of July twenty-eighth, eighteen hundred and sixty-six, from the rank of major to the rank of colonel, both inclusive, been filled by promotion by seniority: Provided, That no officer shall be deprived of his relative rank or reduced from his present grade by this act, and that the officers whose appointments are herein authorized shall take rank and receive pay only from the date of their confirmation. APPROVED, June 3, 1872. 1866, ch. 299, § 13. Vol. xiv. p. 334. No officer to be reduced from present grade. June 4, 1872. Ferry-boats not required to enter and clear, nor the persons in charge thereof to present manifests, &c. CHAP. CCLXXX. - An Act relative to the Entry and Clearance of Ferry-bonts and of such baggage, goods, wares, and merchandise to the proper officer of the customs, according to law. Railroad cars, toms officer, pass SEC. 2. That railroad-cars or other vehicles laden with goods, wares, and merchandise, sealed by a customs officer, under the provisions of sealed by a cussection six of the act of July twenty-eighth, eighteen hundred and sixty- ing from place to six, and the regulations of the Secretary of the Treasury, passing from place in the United States, one port or place in the United States to another therein, through foreign through foreign contiguous territory, shall be exempt from the payment of any fees for territory, not to receiving or certifying manifests thereof. APPROVED, June 4, 1872. CHAP. CCLXXXI.— An Act further regulating the Construction of Bridges across the Mississippi River. pay fees for manifests. 1866, ch. 298, § 6. Vol. xiv. p. 329. June 4, 1872. All bridges Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all bridges hereafter constructed over and across the Mississippi river under authority of any act of Congress shall be subject to all the terms, restrictions, and requirements sippi river, under contained in the fifth section of an act entitled "An act to authorize the any act of Con constructed, across the Missis construction of a bridge across the Mississippi river, at or near the town gress, to be subject to of Clinton, in the State of Iowa, and other bridges across said river, and 1872, ch. 73, § 5. to establish them as post-roads," approved April first, eighteen hundred Ante, pp. 45, 46. and seventy-two; and in locating any such bridge the Secretary of War shall have due regard to the security and convenience of navigation, to convenience of access, and to the wants of all railways and highways crossing said river. APPROVED, June 4, 1872. June 4, 1872. Western judi North Carolina CHAP. CCLXXXII. - An Act to establish a western judicial District of North Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That that portion of the State of North Carolina comprising the counties of Mecklenburg, Cabarras, cial district of Stanly, Montgomery, Richmond, Davie, Davidson, Randolph, Guilford, established, and Rockingham, Stokes, Forsyth, Union, Anson, Caswell, Person, Alamance, of what territory Orange, Chatham, Moore, Clay, Cherokee, Swain, Macon, Jackson, Gra- composed. ham, Haywood, Transylvania, Henderson, Buncombe, Madison, Yancey, Mitchell, Watauga, Ashe, Alleghany, Caldwell, Burke, McDowell, Rutherford, Polk, Cleveland, Gaston, Lincoln, Catawba, Alexander, Wilkes, Surry, Iredell, Yadkin, and Rowan, and all territory embraced therein which may hereafter be erected into new counties, shall hereafter constitute a new judicial district to be called the western district of North Carolina; and the circuit and district courts of the United States for said western district of North Carolina shall be held in the towns of Statesville, Ashe- district courts, ville, and Greensboro', within said district. SEC. 2. That two terms of the circuit and district courts of the United States for said western district of North Carolina shall be held at the following times and places in each year, to wit: At Greensboro', beginning on the first Monday in April and in October; at Statesville, beginning on the third Monday in April and in October; at Asheville, beginning on the first Monday in May and in November. Circuit and where to be held. Same subject. to consist of SEC. 3. That the district of North Carolina shall hereafter consist of Eastern district the counties not named in this act, and shall be called the eastern dis- of North Carolina trict of North Carolina, and the terms of the circuit and district courts what. therein shall be held at the times and places heretofore appointed and enacted. Terms of courts. Special terms SEC. 4. That the said circuit and district courts for either of said districts may, in their discretion, order special terms thereof for the trial of criminal and civil issues at such times and places as the court may desig. may be ordered. nate in said districts, and order a grand and a petit jury, or both, to attend the same, by an order to be entered of record thirty days before the day at which said special term shall be ordered to convene; and said courts, respectively, at such special terms shall have all the powers that they have No special term at the regular terms appointed by law: Provided, however, That no special term of said circuit court for either district shall be appointed except by and with the concurrence and consent of the circuit judge. for circuit court without, &c. Pending suits to be disposed of in eastern district. SEC. 5. That all suits and other proceedings of whatever name or nature, now pending in the circuit or district court of the United States for the district of North Carolina, except as hereinafter provided, shall be tried and disposed of in the circuit and district courts, respectively, for said eastern district, as the same would have been if this act had not been passed; and for that purpose jurisdiction is reserved to the said courts in said eastern district, and the clerks of the circuit and district courts of the present district of North Carolina shall return the records and files of the said circuit and district courts at the places heretofore appointed, and to do and perform all the duties appertaining to their said offices, respectively, within the eastern district, except as is hereinafter provided; and all process rePending process turnable to, or proceedings noticed for, any term of the present circuit or district court shall be deemed to be returnable to the next term of said courts, respectively, in the said eastern district, as fixed by this to be returnable to eastern district. Certain suits in present district may be removed to western district. such cases. act. SEC. 6. That upon application of any party to any suit or proceedings, civil or criminal, now pending in the present circuit or district court of the United States for the present district of North Carolina, which should have been commenced in the proper court for the western district of North Carolina if this act had been in force at the time of its commencement, such suit or other proceedings shall be removed for further proceedings to the proper court for said western district, and thereupon the clerk shall transmit the original papers, and copies of all orders made therein, to the clerk of the court to which said suit or proceedings shall be removed for trial or such other proceedings therein as if the said suit or proceedings had originally been commenced therein; the district attorney of said western district to designate the court to which all suits and proceedings, and indictments and criminal proceedings, wherein the United States is plaintiff, shall be removed, and the plaintiff, or his attorney, in all other suits to designate the court to which they shall be transferred; but no suit, indictProcedure in ment, or criminal proceeding, where bail is required of a defendant, shall be transferred until proper bail is given for him to appear accordingly: Provided, That all suits and other proceedings, both criminal and civil, now pending in the Cape Fear district court of the United States, at Salisbury, with all the original papers therein, shall be transferred for trial or such other proceedings as shall be meet and proper to a special term of the district court of the United States for said western district of North Carolina, to be held at Salisbury, beginning on the second Monday in August, A. D. eighteen hundred and seventy-two; and all said suits and proceedings not Further trans- then finally disposed of shall, with the original papers therein, be transferred to the district courts of said western district at Greensboro' or Statesville, as the judge may order; and all necessary and proper process shall issue and be made returnable in said suits and proceedings to the next terms of said courts, respectively, for trial or such other proceedings therein as if the original proceedings had begun in said last-named courts; and the clerk of said district court at Greensboro' shall act as clerk at said special court at Salisbury; and all suits and other proceedings, both criminal and civil, pending at the late term of the United States district court Suits, &c., at for the Cape Fear district, held at Marion, beginning on [the] third Monday of August, eighteen hundred and seventy-one, and not then finally disposed of, shall, with the original papers therein, be transferred to a special term of the district court for said western district, to be held at Asheville, North Carolina, beginning on the third Monday in August, eighteen hundred and Proceedings in the Cape Fear district court at Salisbury to be transferred to special term, &c. fer. term held at Marion, to be transferred to special term at Asheville. |