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-marshal and

-other officers.

SEC. 4. That the President of the United States, by and with the advice and consent of the Senate, shall appoint a marshal and district attorney to be appointed. attorney for the northern judicial district of West Virginia as hereby constituted, who shall, within their respective jurisdictions, possess and exercise all the powers conferred by existing law upon the marshals and district attorneys of the United States, respectively. All other officers residing within said northern district as hereby constituted shall continue to be and act as such officers within their respective jurisdictions in said northern district as hereby constituted until their successors, respectively, are duly appointed and qualified under the provisions of existing law.

Southern dis

appointed.

SEC. 5. That the President of the United States, by and with the advice and consent of the Senate, shall appoint a district judge for trict. the southern judicial district of West Virginia, who shall possess and judge to be exercise all the powers conferred by existing law upon the judges of the district courts of the United States, and who shall, as to all business and proceedings arising in said southern judicial district as hereby constituted, or transferred thereto, succeed to and possess the same powers and perform the same duties within the said southern judicial district as are now possessed by and performed by the district judge of the district of West Virginia.

-existing mar

SEC. 6. That the marshal and district attorney of the judicial district shal and attorney of West Virginia as heretofore constituted and in office at the time to act. this Act takes effect shall be the marshal and district attorney, respectively, for the southern judicial district of West Virginia as constituted by this Act until the expiration of their respective terms, or until their successors, respectively, shall be appointed and qualified. All other officers residing within said southern district of West Virginia other officers. as constituted by this Act shall continue as such officers until the expiration of their respective terms and until their successors, respectively, shall be duly appointed and qualified. The clerk of the circuit and district courts in the southern judicial district of West Virginia as hereby constituted shall be appointed under the provisions of existing law.

SEC. 7. That the salaries, pay, fees, and allowances of the judges, district attorneys, marshals, clerks, and other officers in said districts, until changed under the provisions of existing law, shall be the same, respectively, as now fixed by law for such officers in the judicial district of West Virginia as heretofore constituted.

-clerk.

Salaries unchanged.

Pending causes

SEC. 8. That all causes and proceedings of every name and nature, transferred to civil and criminal, now pending in the courts of the judicial district of northern district. West Virginia as heretofore constituted, whereof the courts of the northern judicial district of West Virginia as hereby constituted would have had jurisdiction if said district and the courts thereof had been constituted when said causes or proceedings were instituted, shall be, and are hereby, transferred to and same shall be proceeded with in the northern judicial district of West Virginia as hereby constituted, and jurisdiction thereof is hereby transferred to and vested in the courts of said northern judicial district, and the records and proceedings therein and relating to said proceedings and causes shall be certified and transferred thereto; and all causes and proceedings of every name and nature, civil and criminal, now pending in the courts of the judicial district of trict. West Virginia as heretofore constituted, whereof the courts of the southern judicial district of West Virginia as hereby constituted would have had jurisdiction if said district and the courts thereof had been constituted when said causes or proceedings were instituted, shall be, and are hereby, transferred to and same shall be proceeded with in the southern judicial district of West Virginia as hereby constituted, and jurisdiction thereof is hereby transferred to and vested in the courts of said southern judicial district of West Virginia, and the records

-southern dis

Causes considered by present judge to be retained.

Terms of court, northern district. R. S., §§572, 658.

Terms of court,

and proceedings therein and relating to said proceedings and causes shall be certified and transferred thereto:

Provided, That all motions and causes submitted and all causes and proceedings, both civil and criminal, including proceedings in bankruptcy now pending in said judicial district of West Virginia as heretofore constituted, in which the evidence has been taken in whole or in part before the present district judge of the judicial district of West Virginia as heretofore constituted, or taken in whole or in part and submitted and passed upon by the said district judge, shall be proceeded with and disposed of in said northern judicial district of West Virginia as constituted by this Act.

SEC. 9. That the regular terms of the circuit and district courts of the United States for the northern district of West Virginia shall begin at the following times and places in each year: At Wheeling on the first Tuesday of April and third Tuesday of September. At Clarksburg on the third Tuesday of April and first Tuesday of October. At Martinsburg on the third Tuesday of October. And the circuit court shall be held at Parkersburg, beginning on the second Tuesday of January and second Tuesday of June of each year.

That the regular terms of the circuit and district courts of the United southern district. States for the southern district of West Virginia shall begin at the following times and places in each year: At Charleston on the first Tuesday of May and second Tuesday of November. At Huntington, in the county of Cabell, on the first Tuesday of April and third Tuesday of September. At Bluefield, in the county of Mercer, on the first Tuesday of June and the first Tuesday of December.

Terms not limited.

Adjournment

SEC. 10. That the terms of said courts shall not be limited to any particular number of days, nor shall it be necessary to adjourn by reason of the intervention of a term elsewhere; but the court intervening may be adjourned until the business of the court in session is concluded.

SEC. 11. That the provisions of section five hundred and eighty-four by clerk in ab- of the Revised Statutes are hereby extended to said districts hereby sence of judge, etc. created.

R. S., § 584. Jurisdiction over future crimes.

-past crimes.

Repeal.

Effect.

SEC. 12. That all prosecutions for crimes or offenses hereafter committed in either of said districts shall be cognizable within the district. in which committed,

and all prosecutions for crimes or offenses committed before the passage of this Act in which indictments have not been found or proceedings instituted shall be cognizable within the district as hereby constituted in which such crimes or offenses were committed.

SEC. 13. That all laws and parts of laws so far as inconsistent with the provisions of this Act are hereby repealed.

SEC. 14. That this Act shall take effect on the first day of July, nineteen hundred and one. [January 22, 1901.]

January 24, 1901. CHAP. 164.-An Act To create a new division in the western judicial district of the State of Missouri. (1) 31 Stat. L., 739. Missouri. Southwestern

trict created.

Be it enacted, &c., That a new division of the western judicial disdivision of west- trict of the State of Missouri, to be known as the southwestern division ern judicial dis- judicial district of Missouri, be, and the same is hereby, established, to be composed of the following counties, to wit: Jasper, Newton, Barton, Vernon, Barry, Lawrence, McDonald, and Stone; and said counties be, and the same are hereby, transferred to said southNOTE. (1) By 1892, April 19, ch. 50 (2 Supp. R. S., 10), the times for holding courts in the western district are changed. See also note thereto for a review of laws affecting courts and judicial districts in Missouri.

By 1897, January 28, ch. 106 (2 Supp. R. S., 544) Audrain County is attached to the eastern judicial district.

-no additional

western division of said western district of Missouri; but no additional clerk or marshal shall be appointed in or for said division of clerk or marshal. said district.

SEC. 2. That terms of the circuit court and of the district court of the southwestern division judicial district of Missouri shall be held at Joplin, at said State, each year, on the second Mondays of June and of January, after this Act goes into effect.

Terms of court.
R. S., §§572, 658.

Existing judicial

SEC. 3. That the clerks of the district and circuit courts for the western district of Missouri, and the marshal and attorney of the officers to act, etc. United States for said district, shall perform the duties appertaining to their offices, respectively, for said courts of said southwestern division judicial district, and the clerk's office of the said courts shall be at Springfield, where all records of said courts may be kept and all duties performed except when court is in session at Joplin; but should, in the judgment of the district judge, the business of said courts here- at Joplin. after warrant a deputy clerk at Joplin, Missouri, new books and records may be opened for the courts herein created, and kept at Joplin, and a deputy clerk appointed to reside and keep his office at Joplin.

deputy clerk

SEC. 4. That all suits not of a local nature in said circuit and district Suits, where courts against a single defendant, inhabitant of said State, must be brought. brought in the division of the district where he resides; but if there

are two or more defendants residing in different divisions of the district such suits may be brought in either division.

Crimes, where

SEC. 5. That all prosecutions for crimes or offenses hereafter committed in either of the divisions of said district shall be cognizable prosecuted. within such division, and all prosecutions for crimes or offenses heretofore committed in the western district of Missouri, as heretofore constituted, shall be commenced and proceeded with as if this Act had not been passed.

SEC. 6. That all grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions herein before contained, issued in either of said divisions, may be served and executed in either or any of the divisions.

Jurors.

Process.

Removal of suits

eral courts.

SEC. 7. That in all cases of removal of suits from courts of the State of Missouri to the courts of the United States in the western district from State to Fedof Missouri such removal shall be to the United States courts in the division in which the county is situated from which the removal is made, and the time within which the removal shall be perfected, in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts held in said southwestern division judicial district.

Effect.

SEC. 8. That this Act shall be in force from and after the first day of July, anno Domini nineteen hundred and one, and all Acts or parts Repeal. of Acts so far as inconsistent herewith are hereby repealed. [January 24, 1901.]

CHAP. 180.-An Act To allow the commutation of homestead entries in certain cases.

January 26, 1901.

31 Stat. L., 740.
Public lands.
R. S., § 2301.
Commutation to

Be it enacted, &c., That the provisions of section twenty-three hundred and one of the Revised Statutes of the United States, as amended, allowing homestead settlers to commute their homestead entries be, settlers under free and the same hereby are, extended to all homestead settlers affected homestead laws, by or entitled to the benefits of the provisions of the Act entitled "An etc. Act providing for free homesteads on the public lands for actual and bona fide settlers, and reserving the public lands for that purpose," approved the seventeenth day of May, anno Domini nineteen hundred: Provided, however, That in commuting such entries the entryman shall pay the price provided in the law under which original entry was made. [January 26, 1901.]

1900, May 17, ch. 479, ante, p. 1170.

Price to be paid.

January 28, 1901. 31 Stat. L., 744.

Dist. Columbia.
Substitute for

1898, July 8, ch. 639, § 1 (2 Supp. R. S., 890).

Police court.

pearance.

-amount.

CHAP. 183.-An Act To amend the Act entitled "An Act to amend the criminal laws of the District of Columbia," approved July eighth, eighteen hundred and ninetyeight. (1)

Be it enacted, &c., That section one of an Act entitled "An Act to amend the criminal laws of the District of Columbia," approved July eighth, eighteen hundred and ninety-eight, be, and the same is hereby,

amended so that the same shall read:

"That every person charged with an offense triable in the police Security for ap- court of the District of Columbia may give security for his appearance for trial or for further hearing either by giving bond to the satisfaction of the court or by depositing money as collateral security in such amount as the court, the assistant attorney for the United States, the special assistant attorney for the District of Columbia, or the lieutenant or acting lieutenant of police of the precinct in which the person is detained may determine with the clerk of the police court, or the lieutenant or acting lieutenant of police, or the station keeper of the police precinct within which such person may be apprehended. -collateral de- And whenever any sum of money shall be deposited as collateral posited remains security as hereby provided it shall remain, in contemplation of law, property of per- the property of the person depositing it until duly forfeited by the court; and when forfeited it shall be, in contemplation of law, the property of the United States of America or of the District of Columbia, according as the charge against the person depositing it is instituted on behalf of the said United States or the said District; and -person receiv- every person receiving any sum of money deposited as hereby proing an agent, etc. vided shall be deemed in law the agent of the person depositing the same or of the said United States or the said District, as the case may be, for all purposes of properly preserving and accounting for such

son, etc.

Fines become

States.

money.

"And all fines payable and paid under judgment of the said police property of Dis- court shall, upon their payment, immediately become, in contemplatrict or United tion of law, the property of the said United States or the said District, -responsibility according to the charge upon which such fine may be adjudged; and the person receiving any such fine shall be deemed in law the agent of the said United States or the said District as aforesaid, as the case may ―embezzlement be; and any person, being an agent as herein before contemplated and

for.

of.

Rights of Humane Society, etc.,

fected.

defined, who shall wrongfully convert to his own use any money received by him as hereinbefore provided shall be deemed guilty of embezzlement, and upon conviction thereof be punished by a fine not exceeding five thousand dollars or by imprisonment not exceeding five years, or both:

"Provided, That nothing herein contained shall affect the ultimate rights under existing law of the Washington Humane Society, or the to fines not af- policeman's fund (by whatever name the same may be called or known), or the firemen's relief fund, of the District of Columbia, in or to any fines or forfeitures paid and collected in the said police court." [January 28, 1901.]

NOTE. (1) This is a substantial change and extension of the right to give security for appearance in certain minor offenses. The provisions relating to custody, responsibility, etc., of the collateral and fine are new.

January 28, 1901. CHAP. 184.-An Act To establish a branch soldiers' home at or near Johnson City, Wash

31 Stat. L., 745.

National Home

for Disabled VolBranch at Johnson City, Tenn.

unteer Soldiers.

ington County, Tennessee.

Be it enacted, &c., That the Board of Managers of the Home for Disabled Volunteer Soldiers are hereby authorized and directed to locate a branch of the Home at Johnson City, Washington County, Tennessee, or within a radius of five miles thereof. The same shall not be located on a tract of land less than three hundred acres in extent.

SEC. 2. That said branch home shall be located and the ground pur--when to be lochased (unless the same be donated) by said Board of Managers within cated. three months, or as soon thereafter as practicable, from the approval of this Act.

SEC. 3. That within six months, or as soon thereafter as practicable, —when erected. from the approval of this Act, the said Board of Managers shall commence the erection or purchase of a suitable building or buildings on the grounds so purchased for the use of said branch home. That said building or buildings shall be completed at as early a day as possible.

SEC. 4. That the sum of two hundred and fifty thousand dollars is hereby appropriated for the purposes herein before mentioned and the improvement of the grounds of said branch home.

and completed.

Appropriation.

Who may be ad

SEC. 5. (1) That all honorably discharged soldiers and sailors who served in the war of the rebellion and the Spanish-American war, and mitted to home. the provisional army and the volunteer soldiers and sailors of the war of eighteen hundred and twelve and of the Mexican war, who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers. [January 28, 1901.]

NOTE.—(1) The first four sections of this act establish a new branch home for disabled volunteer soldiers in addition to the existing branches.

The last section of the act appears to be general in its application to the home in all its branches, and extends the list of volunteer soldiers entitled to the benefits of the home, as contained in R. S., § 4832, to those of the Spanish-American War.

The laws relating to the National Home for Disabled Volunteer Soldiers are reviewed in note (1) to_1875, March 3, ch. 129, par. 6 (1 Supp. R. S., 71); 1892, April 11, ch. 40 (2 Supp. R. S., 8), and 1894, August 18, ch. 301, par. 17, notes (12-15), (2 Supp. R. S., 256–258).

Later legislation is contained in 1894, August 23, ch. 316 (2 Supp. R. S., 263), authorizing out-door relief in certain cases.

1896, June 13, ch. 420, par. 7 (2 Supp. R. S., 526), authorizing the sale of medical supplies to the home.

1897, July 19, ch. 9, par. 1 (2 Supp. R. S., 641), authorizing the condemnation of land for sites.

1899, March 3, ch. 423, par. 6 (2 Supp. R. S., 991), authorizing the issuance of condemned ordnance, etc., to the homes.

1900, June 6, ch. 791, par. 19, ante, p. 1438, in regard to the assistant general treasurers, etc.

1901, March 3, ch. 853, pars. 7, 9, 10, post, p. 1552, relative to treatment of insane inmates of the home on the Pacific coast; State jurisdiction over certain branch homes; the settlement of accounts of the home, and the performance of duties in the offices of branch treasurers and quartermasters.

CHAP. 186.—An Act Extending the mining laws to saline lands. (1) Be it enacted, &c., That all unoccupied public lands of the United States containing (2) salt springs, or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer-mining claims:

Provided, That the same person shall not locate or enter more than one claim hereunder. [January 31, 1901.]

NOTES. (1) R. S., §§ 2318-2352, make provision for mining claims. By 1880, January 22, ch. 9 (1 Supp. R. S., 276), R. S., §§ 2324, 2325, are amended.

By 1881, March 3, ch. 140 (1 Supp. R. S., 324), amending R. S., § 2326, in suits on mining claims, if neither party proves title, jury to so find, etc.

By 1891, March 3, ch. 564 (1 Supp. R. S., 948), provision is made for the protection of the lives of miners in the Territories.

By 1897, March 2, ch. 363, § 2 (2 Supp. R. S., 574), regulating the rights of aliens to hold real estate in the Territories, it is specially provided that its provisions should not be construed to prevent a person not a citizen from having an interest in a mine or mining claim.

By 1898, July 2, ch. 563 (2 Supp. R. S., 880), owners of mining claims enlisting in the military or naval service for duty in the war with Spain are exempted from performing assessment work during such period, etc.

(2) By 1877, January 12, ch. 18 (1 Supp. R. S., 127), provision is made for the sale of saline lands. See also note thereto for a review of laws relating to saline lands.

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