The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-10-23

In witness whereof have hereunto set
my hand and cGtused the seal of the United
States to be affixed.
Done ut the city of Washington this first
day OF May, IN the year of our Lord one
thousand eight hundred and sevcnty-four
and of the 1ndcljen.'ence of the United
States of America the ninety-eiphth
BY the President: L. s. GRANT
HhMILroS Fish, Secretary cJ iS,ete.
WASHINGTON, ID. C., Dec, 10. 1879.
Honorable Roscoe Conkling and Honor
able Benjamin r. Butler, Chairmen, and
the Members of the Committee OF the
Senate and House of Representatives on
the Revision of the Laws:
GENTLEaTEN: The act of March g. 1873,
I.tn statutes at Large. pages $40 and $50,
authorized you to accept, on the part of
congress, the draught ON revision of the
laws OF the United State prepared by the
commissioners to revise the statutes so
lar as the same had been reported by them,
or should thereafter be reported by Them
at the expiration of the time designated
Tor performing that service, to wit. the
4th day of May. 1873.
The act further authorized you to dis
Charge the said commissioners, and or
dered the repeal from that date of all acts
and parts of acts declaring their duties,
powers, rights, and prive.e@es. without,
howexer, adopting or approving thereby
any part ottheir work.
The third section of the act authorized
you TO contract with some suitable person
10 prepare, under Your SuOerviSon and
under such regulations as You might pre-
scribe. the revision of the sfarutes then
| already reported by the commissioners, or
which might by Them be thereaff er re-
| ported before the 4jh tlay of Nav, 1873: aud
/ it wnS directed that such preparation
| should be embodied in the form of bill,
| III December. 1873. all the laws so revised.
with 81 proper index, that the same
| might be in form TO be acted upon forth
| with by Congress nj this session.
| The undersigned having had the honor
| to hc selected by you 10 perform the work
indicated in the act. has to the best of his
| EnnXXlnflr "a nd "a
| and lays before you the result.
The draught on the revision of the laws
| of the United States accented by you from
/ the commissioners, and delivered by Sou
1 to the undersigned. a bundle of
| IWenty-,hree hnudred and nInely ly.elgnmt NJ
| sheets. detached, partly printed, partly in
| manuscript, profuSely intcrsDcrs6.d with
| interlineaIionS and corrections. The first
| step taken was 10 have these sheets affixed
| to he RACES of DroDerly-0Ound volumes.
SO as tO,rcn,ler l. possible TO examine the
various prov i~ionS in detail.
The titles and chapters rcFlOrtc1 by the
commissioners have been in most inSfan-
ces retained. but The numer;,tion of the
sections has been changed and made con-
tinuous throughout the nreDaiafion.
Every section reported by The comfniS-
sionerS has been compared with the text
of the corresponding act or portion on me
act OF Congress referred to. aud wherever
il has been found that Il section co. -.fainet
any te3lai-t ure from the meaning of Con-
gress aS expressed in the statutes ut Large,
such change has been made lS was neces-
s;lry o I,'~t ore the original signitieation-
deemed material 10 call TO your attention,
| are "a follows:
l. IN Title 1, chapter one only such def
| nitionS rs are found in the Statutes itt
Large have been retained: many others
! reported by the commissioners, but not
found in the statutes, have been omitted.
, The chaDter on the rules of conStruc-
tiOn, for the same reason, has been en-
tirely omitted. none OF iis provisions htlv-
| ing been found i'll The Statutes at Large.
| 5. section I65. as reported, was applica-
BILE TO all the departments, and was on
first examination supposed TO he correct.
but further research showed that the De
partlneIr of the Interior was not included.
4. In section 566 the words "eNcept in
| the cases mentioned i'll section 54l2, Title
Crime.'' lines and 6, have been added to
the report 10 conform to the statute.
>. The ninth paragraph of section 566,
and have been added.
6. The section GIL. as reporte1, read
| ''circuit court are established for he three
districts of Alabama, the eastern district
| OF Arkansas. &C. As this seemed ainhiE-
uors, and might lead 10 the belief that a
circuit court III each OF the districts OF Al
| ALBANIA WAS ncapt, the phrGt @eoi0gy has
| been changed, rs on Y one circuit court Is
| provided by law tor fhe three districts.
a. In section 642, paragraph first, lines IL
| and l., the words lat he time OF entering
his appearance in said State court had
been omitted in the report; they have
been restored aS found in the statute.
The same remark applies to The words
'.filed at any time before the trial or final
heiIring of the cause, in same section par
agraph second, lines IL and Is
The same remark applies to the words
ssfiled al any time before the trial or final
hearing of the suit in the same section
paragraph third, lines Is and %.
The same remark applies To the words
sat he time of fling his petition there
for" in the same section, paragraph third
line 81.
5. In section 643 the words s'other than {
circuit or district court of the tniiet
States" lines and ,. did not appear i'll The
report; they have been restored.
8. In section 66l, lines 20 and 81. page lJ9
as reported. Il session, of the circuit cour
of the United States is provided for n
NiIledgev1IIe on the Thursday after the
| first Monday in November. y letter ha
been received from Hon. w. Il. Woods
J United States circuit judge, stating tina
no circuit court has been held at Milledge
vile for many years, and that such session
) would not be desirable. and further statIns
that the late Judge Wayne thought th'
law authorized The session to be held Il
: ! savannah. The law appears to be as fount
in the section which has therefore bee1
t left unchanged; but the attention of th
2 | committee is respectfully called to tn
10 In section $50 the words ''withou th
+ | twenty days mentioned in the Drecedln;
| section lines and s. have been lied 4
the report to make the section conform Il
: the statute.
: of the report is changed to conform 10 b
) I2 In article 7O5 the words ssexcent il
! the Territory OF Washin ston," ine2, hay
been added to the report also have til
words In the Territory OF WaShlnGto
the value of the matter i'll dispute mus
D exceed two thousand dollars" lines l9 I
+ II. The section, as reported, made un
= form rule for all the Territories.
Ii. In section 7l5 the words 1.-The circu1
Judges - line l, were reported and retaine
by inadvertence. To make the sectio
e conform to the statutes they must b
G stricken out. The act OF April 49, 1869, ei
T titled IAN act to amend the Judicial sy'
TEN of the United StateS,' doth L. sta
y utes at Large, pages a and 49, does nc
/ prescribe that the ''circuit Judges" sha
Z take an oath.
e found the words, coming after me Ia Ia
word Estate. - ''except in cstseS where sue
Injunction may be authorized by any Ia
/ relating to proceedings in Dallkrupicy
q These words have been omitted as not b.
y ing found in the statutes.
- Is. The article 760 has been changed frol
- the report so as to conform more c!osel
= . TO the statute. and the word certify bf
y been substituted in line one for the wore
70 estate in writing - and the words ''plainl
a and unequivocallyf' have been stricke
- out as not in the statute
:, Is: The article SIG, as reported, had
the end, after the word s'suit, - line 8, Il
20 | words sin the supreme court OF the Di
~ | trict of Columbia, . Which are omitted
% | not in the statute.
le II. The article 877, as reported, containe
y after the word ''fees,'' line 4, the wore
allowed by law oi to Wlfpessss wh, N the ha
st been stricken out and the words of Il
"a statute restored.
~ ia The article sos. as reported, contai
~ ~ ed after the word Territory in the line
~, IN the words ''or of the District of Columbia
al which were stricken out as not in t
~ statute.
q. the amount mentioned was ''fifty" dollal
ar but has been restored to ''three hundr
e doliars' 's in accordance with section 90, G
fo | of September "A, 1888, 1 u. S. Statutes
3aa oa The attention of the committee is
nc speetfuIly invited to this point, as by t
A19 act of March 3, 1862, section 2, 2 U. S. ST.
utes at Large, the appealable amount