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Punish ment

ction of

sons by law applicable to citizens of every race and color, Forfeit to

per

son aggreived and regardless of any previous condition of servitude, the by denial of

equal enjoyment full enjoyment of any of the accommodations, advan- of inns, &c. tages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every

for denying, &c. such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, That all persons may elect to sue for remedies. the penalty aforesaid or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under this act or the criminal law of any State: And

: provided further, That a judgment for the penalty in favor Effect of reof the party'aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively.

Sec. 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the of courts under several States, cognizance of all crimes and offenses against, and violations of, the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party; and the district attorneys, marshals and deputy marshals of the United States, and commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting and imprisoning or bailing offenders Duty of dis

trict attorneys, against the laws of the United States, are hereby specially marshals, and authorized and required to institute proceedings against under this act. every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned or bailed,

coveries.

Juris diction

this act.

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Failure of dis

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as the case may be, for trial before such court of the United States, or territorial court, as by law has cognizance of the offence, except in respect of the right of action accruing to the person aggrieved; and such dis

trict attorneys shall cause such proceedings to be proseRight of civil cuted to their termination as in other cases: Provided, fected. That nothing contained in this section shall be construed

to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise ;

and any district attorney who shall willfully fail to institrict attorney to tute and prosecute the proceedings herein required, shall,

for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further,

That a judgment for the penalty in favor of the party Effect of judg- aggrieved against any such district attorney, or a judgment against ment upon an indictment against any such district

attorney, shall be a bar to either prosecution respectively.

SEC. 4. That no citizen possessing all other qualificajuror. tions which are or may be prescribed by law shall be

disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the

selection or summoning of jurors who shall exclude or Pen alty for excluding, &c. fail to summon any citizen for the cause aforesaid shall,

on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars.

SEC. 5. That all cases arising under the provisions of

this act in the courts of the United States shall be reReview in Su. viewable by the Supreme Court of the United States

without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court. Approved March 1, 1875.

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district attorney.

Exclusion from service as

preme Court.

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FORTY-FOURTH CONGRESS. SESSION I. CHAP. 88. Ex- Salaries of ter

ritorial officers, TRACT.

And hereafter payment of salaries when to of all officers of the Territories of the United States appointed by the President shall commence only when the person appointed to any such office shall take the proper oath, and shall enter upon the duties of such office in such Territory; and said oath shall hereafter be

Oaths, where

administered. administered in the Territory in which such office is

1 May, 1876. held.

Sessions of

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15 Aug., 1876.

Desert lands

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Declaration.

IBID. CHAP. 287. EXTRACT. Territory of Montana:

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: Provided, That the next legislative legislature. assembly shall convene at the seat of government of the Territory on the second Monday of January, eighteen hundred and seventy-seven, and biennially thereafter.

FORTY-FOURTH CONGRESS. SESSION II. CHAP. 107. . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for any citizen of the United may be purStates, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of twenty-five cents per acre-to file a declaration under oath with the register and receiver of the land district in which any

3 March, 1877. desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the same, within the period of three years thereafter, Provided however that the right to the use of

Right to use 'water by the person so conducting the same, on or to water. any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation : And such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation : And all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall re

Water on pubmain and be held free for the appropriation and use of lieelands to be

declaration.

Perfection of title.

a

Limit to quan

the public for irrigation, mining and manufacturing pur

poses subject to existing rights. Said declaration shall Contents of describe particularly said section of land if surveyed, and,

if unsurveyed, shall describe the same as nearly as possible without a survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a

patent for the same shall be issued to him. Provided, tity of land pur- that no person shall be permitted to enter more than one

tract of land, and not to exceed six hundred and forty
acres, which shall be in compact form.
SEC. 2.

That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated.

SEC. 3. This act shall only apply to and take effect in the States of California, Oregon and Nevada, and

the Territories of Washington, Idaho, Montana, Utah, which act to ap- Wyoming, Arizona, New Mexico, and Dakota, and the ply.

determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office.

Desert lands defined.

Localities in

FORTY-FIFTH CONGRESS. SESSION II. CHAP. 37. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That

in the trial of all indictments, informations, complaints, sons may testity and other proceedings against persons charged with the 16 Mch., 1878.

commission of crimes, offences, and misdemeanors, in the United States courts, territorial courts, and courtsmartial, and courts of inquiry, in any State or Territory,

Accused per

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Wood cut on

including the District of Columbia, the person so
charged shall, at his own request but not otherwise, be a
competent witness. And his failure to make such re-
quest shall not create any presumption against him.

Ibid. CHAP. 76.
IBID CHAP. 76. EXTRACT.

And provided further, That where wood and timber lands in the Territories of the United States are not surveyed and offered for sale in proper sub-divisions, convenient of access, no money herein appropriated shall be used to

unsurveyed land collect any charge for wood or timber cut on the public 30 April, 1978. lands in the Territories of the United States for the use of actual settlers in the Territories, and not for export from the Territories of the United States, where the timber grew: And provided further, That if any timber cut on the public lands shall be exported from the Territories of the United States, it shall be liable to seizure by the United States authority wherever found.

IBID. CHAP. 150. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all citizens of the United States and other persons, bona fide residents of the State of Colorado, or Nevada, or either of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, mineral lands or Montana, and all other mineral districts of the United for certain purStates, shall be, and are hereby, authorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time bona-fide residents, subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other purposes: Provided, The provisions of this Proviso. act shall not extend to railroad corporations,

Timber and

may be taken

poses.

3 June, 1878.

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