When not to be But if on examination such tea, or merchandise described as tea, is found, in the opinion of the examiner, to come within the prohi- released. bitions of this act, the importer or consignee shall be immediately notified, and the tea, or merchandise described as tea, so returned shall not be released by the custom house, unless on a re-examination called for by the importer or consignee, the return of the examiner shall be found erroneous: Provided, That should a portion of the invoice be passed by the examiner, a permit shall be granted for that portion, and the remainder held for further examination, as provided in section four. SEC. 4. That in case of any dispute between the importer or conDispute between signee and the examiner, the matter in dispute shall be referred for importer and exarbitration to a committee of three experts, one to be appointed by aminer to be dethe collector, one by the importer, and the two to choose a third, to cided by arbitraand their decision shall be final; And if upon such final re-examination, the tea shall be found to Adulterated tea come within the prohibitions of this act, the importer or consignee to be taken out of shall give a bond, with securities satisfactory to the collector to ex- country or deport said tea, or merchandise described as tea, out of the limits of stroyed. the United States, within a period of six months after such final re examination; But if the same shall not have been exported within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed. SEC. 5. That the examination and appraisement herein provided Examination for shall be made by a duly qualified appraiser of the port at which and appraisesaid tea is entered, and when entered at ports where there are no ment, by whom appraisers, such examination and appraisement shall be made by the to be made. revenue officers to whom is committed the collection of duties, unless the Secretary of the Treasury shall otherwise direct. SEC. 6. That leaves to which the term "exhausted" is applied in “Exhausted” this act shall mean and include any tea which has been deprived of defined. its proper quality, strength, or virtue by steeping, infusion, decoc tion, or other means. SEC. 7. That teas actually on shipboard for shipment to the United Teas exempt States at the time of the passage of this act shall not be subject to from act. the prohibition thereof. SEC. 8. That the Secretary of the Treasury shall have the power Regulations by to enforce the provisions of this act by appropriate regulations. Secretary of Treasury. [March 2, 1883.] CHAP. 91.-An act to amend the pension laws by increasing the pensions of soldiers and sailors who have lost an arm or leg in the service, and for other purposes. (1) Be it enacted, &c., That from and after the passage of this act all persons on the pension-roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States, and in the line of duty, shall have lost one hand or one foot, or been totally or permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or a foot, shall receive a pension of twenty-four dollars per month; That all persons now on the pension-roll, and all persons hereafter granted a pension, who in like manner shall have lost either an arm NOTE. (1) The rates of $24 and $30 per month fixed by this act for loss of a hand or foot and for loss of an arm or leg at or above the elbow or knee are increased to $30 and $36 by 1886, Aug. 6, ch. 899, post, p. 511. By the same act $45 per month is granted for loss of an arm at the shoulder joint or a leg at the hip joint, or so near as to prevent the use of an artificial limb. The above act of 1883 grants $24 per month for incapacity for manual labor, equivalent to the loss of a hand or a foot, and $30 for incapacity for any manual labor. The rates for these equivalent disabilities are not increased by the act of 1886. The rates fixed by these acts are not divisible for a less degree of disability. If a disability is less than the loss of a hand or foot the rate of pension granted is the due proportion of the rate of $18 per month, fixed by R. S., §§ 4768, 4769. for the loss of a hand or foot. Such proportion of this is given as the disability bears to the loss of a hand or foot, up to $17. If the disability is equal to the loss of a hand or foot, the rate becomes $24 under the above act. There is no rate between $17 and $24 except under special provisions. March 3, 1883. 22 Stat. L., 453. Rate of pension for loss of hand or foot, or equivalent disability. R. S., § 4689. 1886, Aug. 4, ch. 899, post, p. 511. manual labor. These rates not -for loss of arm at or above the elbow, or a leg at or above the knee, or shall have or leg, or incapac- been otherwise so disabled as to be incapacitated for performing any ity to perform any manual labor, but not so much as to require regular personal aid and attendance, shall receive a pension of (2) thirty dollars per month: Provided, That nothing contained in this act shall be construed to divisible for pro- repeal section forty-six hundred and ninety-nine of the Revised Statportionate disabilutes of the United States, or to change the (3) rate of eighteen dollars ity. per month therein mentioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. [March 3, 1883.] R. S., SS 4195, 4699. 1877, Feb. 28, ch. 73, ante, p. 131. March 3, 1883. 22 Stat. L., 456. Deposits by soldiers of $5, &c., to bear interest. R. S., § 1306. NOTES.-(2) The next higher rate to this except for specific disabilities is $72 per month under 1890, (3) See note (1) on page 399. CHAP. 93.-n act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and eighty-four, and for other purposes. 757. * * * Be it enacted, &c., * [Par. 1.] Section thirteen hundred and six of the Revised Statutes is hereby so amended as to strike out the word "fifty," where it occurs in said section, and in lieu thereof in1890, June 16, serting the word "five;" ch. 426, 1, post, p. Mileage of army [Par. 2.] And from and after the passage of this act (1) mileage of officers; how com- officers of the Army shall be computed over the shortest usually puted when allowed. traveled routes between the points named in the order, and the necesR. S., § 1273. sity for such travel in the military service shall be certified to by the 1876, July 24, officer issuing the order and stated in said order. ch. 226, § 2, ante, p. 113. 20 C. Cls., 373. Retirement of [Par. 3.] That nothing contained in the act making appropriaofficers explained. tions for the support of the Army for the fiscal year ending June ch. 263, § 7, ante, thirtieth, eighteen hundred and eighty-three, approved June thirtieth, p. 189. 1882, June eighteen hundred and eighty-two, shall be so construed as to prevent, 30, ch. 254, par. 2, limit, or restrict retirements from active service in the Army, as ante, p. 348. 1891, authorized by law in force at the date of the approval of said act, Feb. 16, ch. 238, retirements under the provisions of said act of June thirtieth, eighteen post, p. 893. hundred and eighty-two, being in addition to those theretofore authorized by law. Assignment by brevet rank. R. S., § 1211. And provided further, That officers of the Army shall only be assigned to duty or command according to their brevet rank when 1890, Feb. 27, actually engaged in hostilities: ch. 20, post, p. 705. * * Vacancies in [Par. 4.] Hereafter vacancies occurring in the Quartermasters Quartermaster's and Commissarys Departments of the Army may in the discretion of and Commissary's the President be filled from civil life * * Department. R. S., § 1132. Civilian em- [Par. 5.] That civilian employees of the Army stationed at miliployees may pur- tary posts may, under regulations to be made by the Secretary of chase medical War, purchase necessary medical supplies, prescribed by a medical officer of the Army, at cost, with ten per centum added. [March 3, 1883.] supplies. R. S., § 1173. March 3, 1883. 22 Stat. L., 462. Railroads to pay for lighting streets. R. S. of D. C., $ 674. * * NOTE.-(1) See notes on mileage to 1875, March 3, ch. 133, par. 1, ante, p. 81, and 1890, June 23, ch. 423, par. 1, post, p. 756. CHAP. 95.-An act making appropriations to provide for the expenses of the Government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and eighty-four, and for other purposes. * Be it enacted, &c., * [Par. 1.] Hereafter all railroad companies using engines propelled by steam shall pay to the District for the lighting of the streets, avenues, alleys, and grounds through which their tracks may be laid, under the direction and control of the Commissioners; and in case of default of payment of such bills, actions at law may be maintained by the District of Columbia, against said railroad companies therefor. * * [Par. 2.] That hereafter, whenever any horses, carriages, or wag- Property unfit ons, or property of any description may become unfit for service in for service to be the judgment of the Commissioners, the same shall be sold at auc- sold. tion to the highest bidder, after due advertisement, and the proceeds 1889, March 2, thereof shall be paid into the Treasury of the United States to the ch. 370, § 3, post, credit of the appropriation out of which the purchase was made. p. 678. [March 3, 1883.] CHAP. 97.-An act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and eighty-four, and for other purposes. * * March 3, 1883. 22 Stat. L., 472. Masters in Navy Be it enacted, &c., [Par. 1.] For the pay of * one hundred masters, the title of which grade is hereby changed to that of to be styled lieulieutenants. tenants. R. S., SS 1362, 1363, 1466, 1556. And the masters now on the list shall constitute a junior grade to be a junior of, and be commissioned as, lieutenants, having the same rank and grade. pay as now provided by law for masters, but promotion to and from said grade shall be by examination as provided by law for promotion to and from the grade of master, * * And nothing herein contained shall be so construed as to increase the pay now allowed by law to any officer in the line or staff; [Par. 2.] Ninety-one midshipmen, the title of which grade is hereby changed to that of ensign. ed. Pay not increas Midshipman to be styled ensign. R. S., SS 1362, 1556. 1884, June 26, And the midshipman now on the list shall constitute a (1) junior to be a junior grade of, and be commissioned as, ensigns, having the same rank and grade. pay as now provided by law for midshipmen, but promotions to and ch. 122, post, p. from said grade shall be under the same regulations and require- 446. ments as now provided by law for promotion to and from the grade of midshipmen, And nothing herein_contained shall be so construed as to increase the pay now allowed by law to any officer of said grade or of any officer of relative rank; * * ed. Pay not increas [Par. 3.] Two assistant surgeons not in the line of promotion who Pay of assistant shall hereafter, after fifteen years' service, be entitled to receive, as surgeons not in annual pay, when at sea, two thousand one hundred dollars, when on shore duty, one thousand eight hundred dollars, and when on leave or waiting orders, one thousand six hundred dollars: ** * effected. [Par. 4.] Hereafter only one half the vacancies in the various Reduction of grades in the staff corps of the navy shall be filled by promotion staff corps, how until such grades shall be reduced to the numbers fixed for the sev- 1882, August 5, eral grades of the staff corps of the navy by the act of August fifth, ch. 391, par. 3, eighteen hundred and eighty two, making appropriations for the ante, p. 376. naval service for the fiscal year ending June thirtieth, eighteen hundred and eighty three, and for other purposes. * * teer and other [Par. 5.] And all officers of the Navy shall be (2) credited with the Credit of time actual time they may have served as officers or enlisted men in the for regular volunregular or volunteer Army or Navy, or both, and shall receive all service. the benefits of such actual service in all respects in the same manner 19 C. Cls. 611, as if all said service had been continuous and in the regular Navy 621. in the lowest grade having graduated pay held by such officer since 332. last entering the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. * * NOTES. (1) Grade of junior ensign abolished by 1884, June 26, ch. 122, post, p. 446. SUP R S Shore duty, how ordered. SEC. 2. That hereafter no officer of the Navy shall be employed when allowed, and on any shore duty, except in cases specially provided by law, unless the Secretary of the Navy shall determine that the employment of an officer on such duty is required by the public interests, and he shall so state in the order of employment, and also the duration of such service, beyond which time it shall not continue. [March 3, 1883.] March 3, 1883. 22 Stat. L., 484. Plats of town ships to be made and fees therefor. CHAP.101.-An act in relation to certain fees allowed registers and receivres. Be it enacted, &c. [Section 1 superseded, 1887, March 3, ch. 362, par. 4, post, p. 563.] SEC. 2. That registers and receivers shall, upon application, furnish plats or diagrams of townships in their respective districts for private parties showing what lands are vacant and what lands are taken, and shall be allowed to receive compensation therefor from the party obtaining said plat or diagram at such rates as may be prescribed by the Commissioner of the General Land Office and said officers shall, upon application by the proper State or Territorial authorities, furnish, for the purpose of taxation, a list of all lands sold in their respective districts, together with the names of the purchasers, and shall be allowed to receive compensation for the same not to exceed ten cents per entry; -fees not part of maximum salary. R. S., § 2240. And the sums thus received for plats and lists shall not be considered or taken into account in determining the maximum of compensation of said officers. [March 3, 1883.] March 3, 1883. CHAP. 102.-An act to amend an act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts 22 Stat. L., 484. Agricultural Col- Be it enacted, &c., That the fourth section of the act donating leges--investment public lands to the several States and Territories which may provide of proceeds of colleges for the benefit of agriculture and the mechanic arts, aplands sold. proved July second, eighteen hundred and sixty-two, be, and the same is hereby, amended so as to read as follows: "SEC. 4. That all moneys derived from the sale of lands aforesaid by the States to which the lands are apportioned, and from the sales of land-scrip herein before provided for, shall be invested in stocks of the United States or of the States, or some other safe stocks; or the same may be invested by the States having no State stocks, in any other manner after the legislatures of such States shall have assented thereto, and engaged that such funds shall yield not less than five per centum upon the amount so invested and that the principal thereof shall forever remain unimpaired: Provided, That the moneys so invested or loaned shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section five of this act), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of this act, to the endowment, support, and maintenance of at least one college where the leading object shall be without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life." [March 3, 1883.] CHAP. 116.-An act to afford assistance and relief to Congress and the executive departments in the investigation of claims and demands against the government. (1) Either House of send to Court of Be it enacted, &c., That whenever a claim or matter is pending before any committee of the Senate or House of Representatives, Congress or any or before either House of Congress, which involves the investiga- committee may tion and determination of facts, the committee or house may cause Claims any claim the same, with the vouchers, papers, proofs, and documents pertain- or matter. ing thereto, to be transmitted to the court of Claims of the United R. S., SS 1059, States, and the same shall there be proceeded in under such rules as (par. 1), 1060. the court may adopt. 1887, Mar. 3, ch. 359, § 13, 14, post, p.562, 19 C. Cls., 596, 690. 20 C. Cls., 54, 219, 484, 487. 24 C. Cls., 414. 25 C. Cls., 75, 82. When the facts shall have been found, the court shall not enter Facts found to judgment thereon, but shall report the same to the committee or to be reported to Conthe house by which the case was transmitted for its consideration. gress. or matter. SEC. 2. That when a claim or matter is pending in any of the Heads of Deexecutive departments which may involve controverted questions partments may of fact or law, the head of such department may transmit the same, send to Court of with the vouchers, papers, proofs, and documents pertaining thereto, Claims any claim to said court, and the same shall be there proceeded in under such R. S., SS 1063, rules as the court may adopt. 1064. 1887, Mar. 3, ch. 359, §§ 12, 13, post, pp. 561, 562. 19 C. Cls., 504, 682. 20 C. Cls., 119, 253, 342,352. 21 C. Cls., 50, 262, 311, 319, 327, 23 C. Cls., 106, 166. 24 C. Cls., 255. 25 C. Cls., 323, 339. When the facts and conclusions of law shall have been found, the On report from court shall not enter judgment thereon, but shall report its findings the court the Deand opinions to the Department by which it was transmitted for its guidance and action. partment to be guided by findings and opinion. Jurisdiction not SEC. 3. The jurisdiction of said court shall not extend to or include any claim against the United States growing out of the destruction to extend to ceror damage to property by the Army or Navy during the war for the tain war claims. R. S., § 1059 suppression of the rebellion, or for the use and occupation of real (par. 4). estate by any part of the military or naval forces of the United 21 C. Cls., 225, States in the operations of said forces during the said war at the 228, 240, 317. 23 seat of war; C. Cls., 186, 188. 25 C. Cls., 433. Nor shall the said court have jurisdiction of any claim against nor to claims now barred by the United States which is now barred by virtue of the provisions law. of any law of the United States. B.), 1072. 326. - R. S., SS 1069, 1093. 19 C. Cls., 18, 489, 519. 20 C. Cls., 250. 21 C. Cls., 119, 250, 253, 307, 466, 488. 22 C. Cls., 80, 92, 109, 144. 23 C. Cls., 19, 32, 97, 317,324, 418, 477. 25 C. Cls., 122, 192, 274. SEC. 4. In any case of a claim for supplies or stores taken by or In claims for furnished to any part of military or naval forces of the United supplies furnished States for their use during the late war for the suppression of the Army or Navy during late war, rebellion, the petition shall aver that the person who furnished such loyalty to be supplies or stores, or from whom such supplies or stores were taken, averred. did not give any aid or comfort to said rebellion, but was through- R. S., § 300 (A. out that war loyal to the Government of the United States, and the 23 C. Cls., 160, fact of such loyalty shall be a jurisdictional fact; And unless the said court shall, on a preliminary inquiry, find that unless proved the person who furnished such supplies or stores, or from whom the court not to have same were taken as aforesaid, was loyal to the Government of the jurisdiction. R. S., SS 1073, United States throughout said war, the court shall not have juris- 1074. 21 C. Cls., tion of such cause, and the same shall, without further proceedings, 205, 282. 24 C. be dismissed. Cls., 416. 25 C. Cls., 116. SEC. 5. That the Attorney-General, or his assistants, under his Attorney-Gendirection, shall appear for the defense and protection of the inter- eral to defend United States and ests of the United States in all cases which may be transmitted to may interpose the Court of Claims under this act, with the same power to inter- counter-claims, pose counter-claims, offsets, defenses for fraud practiced or attempted &c. to be practiced by claimants, and other defenses, in like manner as he is now required to defend the United States in said court. SEC. 6. That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same. R. S., SS 359, 1059 (par. 2), 1086 Parties and persons interested may be witnesses. 1887, Mar. 3, ch. 359, § 8, post, p. 561. NOTE.-(1) On the jurisdiction of the Court of Claims, see note to 1887, March 3, ch. 359, post. p. 559. |