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Code · STATUTES-AT-LARGE · Vol. 24 STAT. · Mar. 3, 1887 · Chapter 397

Chapter 397. to amend an act entitled “An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,” approved March twenty-second, eighteen hundred and eighty-two

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CHAP. 397.— An Act to amend an act entitled “An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,” approved March twenty-second, eighteen hundred and eighty-two.Mar. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Anti-polygamy act.Vol. 22, p. 30.Husband or wife may testify in prosecutions for polygamy. Sec. 1.
That in any proceeding or examination before a grand jury, a judge, justice, or a United States commissioner, or a court, in any prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United States, the lawful husband or wife of the person accused shall be a competent witness, and may be called, but shall not be compelled to testify in such proceeding, examination, or prosecution without the consent of the husband, or wife, as the case may be; and such witness shall not be permitted to testify as to any statement or communication made by either husband or wife to each other, during the existence of the marriage relation, deemed confidential at common law.
Sec. 2. That in any prosecution for bigamy, polygamy, or unlawfulAttachment of witnesses. cohabitation, under any statute of the United States, whether before a United States commissioner, justice, judge, a grand jury, or any court, an attachment for any witness may be issued by the court, judge, or commissioner, without a previous subpoena, compelling the immediate attendance of such witness, when it shall appear by oath or affirmation, to the commissioner, justice, judge, or court, as the case may be, that there is reasonable ground to believe that such witness will unlawfully fail to obey a subpœna issued and served in the usual course in such cases; and in such case the usual witness fee shall be paid to such witness so attached: *Provided*, That the person so attached may at any time secure his or her discharge from custody by executing a recognizance*Proviso*.Recognizance. with sufficient surety, conditioned for the appearance of such person at the proper time, as a witness in the cause or proceeding wherein the attachment may be issued.
Sec. 3. That whoever commits adultery shall be punished by imprisonment Punishment for adultery.in the penitentiary not exceeding three years; and when the act is committed between a married woman and a man who is unmarried, both parties to such act shall be deemed guilty of adultery; and 636 when such act is committed between a married man and a woman who is unmarried, the man shall be deemed guilty of adultery. Sec. 4. That if any person related to another person within and not Punishment for incest. including the fourth degree of consanguinity computed according to the rules of the civil law, shall marry or cohabit with, or have sexual intercourse with such other so related person, knowing her or him to be within said degree of relationship, the person so oil ending shall be deemed guilty of incest, and, on conviction thereof, shall be punished by imprisonment in the penitentiary not less than three years and not more than fifteen years.
Sec. 5. That if an unmarried man or woman commit fornication, eachPunishment for fornication. of them shall be punished by imprisonment not exceeding six months, or by fine not exceeding one hundred dollars. Sec. 6. That all laws of the legislative assembly of the Territory ofProsecutions for adultery may be instituted as for other crimes. Utah which provide that prosecutions for adultery can only be commenced on the complaint of the husband or wife are hereby disapproved and annulled; and all prosecutions for adultery may hereafter be instituted in the same way that prosecutions for other crimes are.
Sec. 7. That commissioners appointed by the supreme court and district courts in the Territory of Utah shall possess andPowers of Commissioners in Utah. may exercise all the powers and jurisdiction that are or may be possessed or exercised by justices of the peace in said Territory under the laws thereof, and the same powers conferred by law on commissioners appointed by circuit courts of the United States. Sec. 8. That the marshal of said Territory of Utah, and his deputies,Powers of marshal of Utah. shall possess and may exercise all the powers in executing the laws of the United States or of said Territory, possessed and exercised by sheriffs, constables, and their deputies as peace officers; and each of them shall cause all offenders against the law, in his view, to enter into recognizance to keep the peace and to appear at the next term of the court having jurisdiction of the case, and to commit to jail in case of failure to give such recognizance.
They shall quell and suppress assaults and batteries, riots, routs, affrays, and insurrections. Sec. 9. at all times subject to inspection as other public records. Such certificate, or the record thereof,Marriage ceremonies in the Territories. or a duly certified copy of such record, shall be prima facie evidence of the facts required by this act to be stated therein, in any proceeding, civil or criminal, in which the matter shall be drawn in question. Certificates.Any person who shall willfully violate any of the provisions To be prima facie evidence.of this section shall be deemed guilty of a misdemeanor, and Punishment for violation.shall, on conviction thereof, be punished by a fine of not more than one thousand dollars, or by imprisonment not longer than two years, or by both said punishments, in the discretion of the court.
Sec 10. That nothing in this act shall be held to prevent the proofOther proof admissible. of marriages, whether lawful or unlawful, by any evidence now legally admissible for that purpose. 637 Sec. 11. That the laws enacted by the legislative assembly of theLaws of Utah allowing illegitimate children to inherit annulled. Territory of Utah which provide for or recognize the capacity of illegitimate children to inherit or to be entitled to any distributive share in the estate of the father of any such illegitimate child are hereby disapproved and annulled; and no illegitimate child shall hereafter be entitled to inherit from his or her father or to receive any distributive share in the estate of his or her father:
Provided, That this section shall*Proviso*.Not retroactive. not apply to any illegitimate child born within twelve months after the passage of this act, nor to any child made legitimate by the seventh section of the act entitled “An act to amend section fifty-three hundredVol. 22, p. 31. and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes”, approved March twenty-second, eighteen hundred and eighty-two. Sec. 12. That the laws enacted by the legislative assembly of the TerritoryJurisdiction of Probate courts, Utah. of Utah conferring jurisdiction upon probate courts, or the judges thereof, or any of them, in said Territory, other than in respect of the estates of deceased persons, and in respect of the guardianship of the persons and property of infants, and in respect of the persons and property of persons not of sound mind, are hereby disapproved and annulled; and no probate court or judge of probate shall exercise any jurisdiction other than in respect of the matters aforesaid, except as a member of a county court; and every such jurisdiction so by force of this act withdrawn from the said probate courts or judges shall be had and exercised by the district courts of said Territory respectively.
Sec. 13. the legislative assembly of the Proceedings to forfeit property of corporations in Utah to be brought.Vol. 12, p. 501.[R. S., sec. p. 333](/us/rs/t/s/p333).Territory of Utah ”, or in violation of section eighteen hundred and ninety of the Revised Statutes of the United States; and all such property so forfeited and escheated to the United States shall be disposed of by the Secretary of the, Interior,Proceeds.*Proviso*.Houses of worship, etc. and the proceeds thereof applied to the use and benefit of the common schools in the Territory in which such property may be: *Provided*, That no building, or the grounds appurtenant thereto, which is held and occupied exclusively for purposes of the worship of God, or parsonage connected therewith, or burial ground shall be forfeited.Production of books, etc.
Sec. 15. Sec. 15. That all laws of the legislative assembly of the Territory ofPerpetual Emigrating Fund Company dissolved. Utah, or of the so-called government of the State of Deseret, creating, organizing, amending, or continuing the corporation or association called the Perpetual Emigrating Fund Company are hereby disapproved and annulled; and the said corporation, in so far as it may now have, or pretend to have, any legal existence, is hereby dissolved; and it shall not be lawful for the legislative assembly of the Territory ofImmigration law forbidden.
Utah to create, organize, or in any manner recognize any such corporation or association, or to pass any la w for the purpose of or operating to accomplish the bringing of persons into the said Territory for any purpose whatsoever. Sec. 16. That it shall be the duty of the Attorney-General of theAffairs of the company to be settled. United States to cause such proceedings to be taken in the supreme court of the Territory of Utah as shall be proper to carry into effect the 638 provisions of the preceding section, and pay the debts and to disposeProceeds of the property and assets of said corporation according to law.
Said property and assets, in excess of the debts and the amount of any lawful claims established by the court against the same, shall escheat to the. United States, and shall be taken, invested, and disposed of by the Secretary of the Interior, under the direction of the President of the United States, for the benefit of common schools in said Territory. Sec. 17. That the acts of the legislative assembly of the Territory ofIncorporation of Mormon Church dissolved. Utah incorporating, continuing, or providing for the corporation known as the Church of Jesus Christ of Latter-Day Saints, and the ordinance of the so-called general assembly of the State of Deseret incorporating the Church of Jesus Christ of Latter-Day Saints, so far as the same may now have legal force and validity, are hereby disapproved and annulled, and the said corporation, in so far as it may now have, or pretend to have, any legal existence, is hereby dissolved.
That it shall be the duty of the attorney-General of the United States to cause such proceedings to bi taken in the supreme court of the Territory of Utah as shall be proper to execute the foregoing provisions of this section and to wind up the affairs of said corporation conformably to law; and in Proceedings to wind up.such proceedings the court shall have power, and it shall be its duty, to make such decree or decrees as shall be proper to effectuate the transfer of the title to real property now held and used by said corporation for places of worship, and parsouages connected therewith, and burial grounds, and of the description mentioned in the proviso to section thirteen of this act and in section twenty-six of this act, to the respective trustees mentioned in section twenty-six of tins act; and for the purposes of this section said court shall have all the powers of a court of equity.
Sec. 18.
(a)A widow shall be endowed of third part of all the landsDower rights. whereof her husband was seized of an estate of inheritance at any time during the marriage unless she shall have lawfully released her right thereto.
(b)The widow of any alien who at the time, of his death shall be entitledWidow of alien. by law to hold any real estate, if she be an inhabitant of the Territory at the time of such death, shall be entitled to dower of such estate in the same manner as if such alien had been a native citizen.
(c)If a husband seized of an estate of inheritance in lands exchangesLands exchanged for land. them for other lands, his widow shall not have dower of both, but shall make her election to be endowed of the lands given or of those taken in exchange; audit’ such election be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange within one year after the death of her husband, she shall be deemed to have elected to take her dower of the lands received in exchange.
(d)When a person seized of an estate, of inheritance in lands shallOut of mortgaged lauds. have executed a mortgage, or other conveyance in the nature of mortgage, of such estate, before marriage, his widow shall nevertheless be entitled to dower out of the lands mortgaged or so conveyed, as against every person except, the mortgagee or grantee in such conveyance and those claiming under him.
(e)Where a husband shall purchase lands during coverture, and shallLands purchased and mortgaged. at the same time execute a mortgage, or other conveyance in the nature of mortgage, of bis estate in such lands to secure the payment of the purchase-money, his widow shall not be entitled to dower out of such lands, as against the mortgagee or grantee in such conveyance or those claiming under him, although she shall not have united in such mortgage.; but she shall be entitled to her dower in such lands as against all other persons.
(f)Where in such case the mortgagee, or such grantee or those claimingSales under mortgage. under him, shall, after the death of the husband of such widow, cause the land mortgaged or so conveyed to be sold, either under a power of sale contained in the mortgage or such conveyance or by virtue of the decree of a court if any surplus shall remain after payment 639 of the moneys due on such mortgage or such conveyance, and the costs and charges of the sale, such widow shall nevertheless be entitled to the interest or income of the one-third part of such surplus for her life, as her dower.
(g)A widow shall not be endowed of lands conveyed to her husbandAbsolute interest necessary. by way of mortgage unless he acquire an absolute estate therein during the marriage period.
(h)In case of divorce dissolving the marriage contract for the misconductBarred by divorce. of the wife, she shall not be endowed. Sec. 19. That hereafter the judge of probate in each county withinAppointment of probate judges. the Territory of Utah provided for by the existing laws thereof shall be appointed by the President of the United States, by and with the advice and consent of the Senate; and so much of the laws of said Territory as provide for the election of such judge by the legislative assembly are hereby disapproved and annulled. Sec. 20. That it shall not be lawful for any female to vote at anyFemale votes prohibited in Utah. election hereafter held in the Territory of Utah for any public purpose whatever, and no such vote shall be received or counted or given effect in any manner whatever; and any and every act of the legislative assembly of the Territory of Utah providing for or allowing the registration or voting by females is hereby annulled. Sec. 21. That all laws of the legislative assembly of the Territory ofLegislative laws for voting annulled. Utah which provide for numbering or identifying the votes of the electors at any election in said Territory are hereby disapproved and annulled; but the foregoing provision shall not preclude the lawful registration of voters, or any other provisions for securing fair elections which do not involve the disclosure of the candidates for whom any particular elector shall have voted. Sec. 22. That the existing election districts and apportionments ofPresent election districts abolished. representation concerning the members of the legislative assembly of the Territory of Utah are hereby abolished; and it shall be the duty of the governor, Territorial secretary, and the Board of Commissioners mentioned in section nine of the act of Congress approved March twenty-second, eighteen hundred and eighty two entitled “An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States in reference Redistricting.Vol. 22, p. 32.to bigamy, and for other purposes”, in said Territory, forthwith to redistrict said Territory, and apportion representation in the same in such manner as to provide, as nearly as may be, for an equal representation of the people (excepting Indians not taxed), being citizens of the United States, according to numbers, in said legislative assembly, and to the number of members of the council and house of representatives, respectively, as now established by law; and a record of the establishment of such new districts and the apportionment of representation thereto shall be made in the office of the Secretary of said Territory, and such establishment and representation shall continue until Congress shall otherwise provide; and no personsOnly United States citizens to vote. other than citizens of the United States otherwise qualified shall be entitled to vote at any election in said Territory. Sec. 23. That the provisions of section nine of said act approvedRegistration and election officers. March twenty-second, eighteen hundred and eighty-two, in regard to registration and election officers, and the registration of voters, and the conduct of elections, and the powers and duties of the Board therein mentioned, shall continue and remain operative until the provisions and laws therein referred to to be made and enacted by the legislative assembly of said Territory of Utah shall have been made and enacted by said assembly and shall have been approved by Congress. Sec. 24. That every male person twenty-one years of age resident in Oath to be taken before voting.the Territory’ of Utah shall, as a condition precedent to his right to register or vote at any election in said Territory, take and subscribe an oath or affirmation, before the registration officer of his voting precinct, that lie is over twenty-one years of age, and has resided in the Territory of Utah for six months then last passed and in the precinct for one 640 month immediately preceding the date thereof, and that he is a native-born (or naturalized, as the ease may be) citizen of the United States, and further state in such oath or affirmation his full name, with his age, place of business, his status, whether single or married, and, if married, the name of his lawful wife, and that he will support the Constitution of the United States and will faithfully obey the laws thereof, and especially will obey the act of Congress approved March twenty-second, eighteen hundred and eighty-two, entitled “An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,” and will also obey tins act in respect of the crimes in said act defined and forbidden, and that he will not, directly or indirectly, aid or abet, counsel or advise, Registration officer to administer.any other person to commit any of said crimes. Such registration officer is authorized to administer said oath or affirmation; and all such oaths or affirmations shall be by him delivered to the clerk of the probate court of the proper county, and shall be deemed public records therein. But if any election shall occur in said Territory before the next revision of the registration lists as required by law, the said oath or affirmation shall be administered by the presiding judge, of the election precinct on or before the day of election. As a condition precedent to the right to hold office in or under said Territory, the officer, before entering on Official oath.the duties of bis office, shall take and subscribe an oath or affirmation declaring his full name, with his age, place of business, his status, whether married or single, and, if married, the name of his lawful wife, and that he will support the Constitution of the United States and will faithfully obey the laws thereof, and especially will obey the act of Congress approved March twenty second, eighteen hundred and eighty-two, entitled “An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,” and will also obey this act in respect of the crimes in said act defined and forbidden, and that he will not, directly or indirectly, aid or abet, counsel or advise, any other person to commit any of said crimes; which oath or affirmation shall be recorded in the proper office and indorsed on the commission or certificate of appointment. Jurors.All grand and petit jurors in said Territory shall take, the same oath or affirmation, to be administered, in writing or orally, in the proper Disqualifications,court. No person shall be entitled to vote in any election in said Territory, or be capable of jury service, or hold any office of trust or emolument in said Territory who shall not have taken the oath or affirmation aforesaid. No person who shall have been convicted of any crime under this act, or under the act of Congress aforesaid approved March twenty-second, eighteen hundred and eighty-two, or who shall be a polygamist, or who shall associate or cohabit polygamously with persons of the other sex, shall be entitled to vote in any election in said Territory, or be capable of jury service, or to hold any office of trust or emolument in said Territory. Sec. 25. That the office of Territorial superintendent of district schoolsSchools in Utah.Superintendent.Commissioner to be appointed. created by the laws of Utah is hereby abolished; and it shall be the duty of the supreme court of said Territory to appoint a commissioner of schools, who shall possess and exercise all the powers and duties heretofore imposed by the laws of said Tetritory upon the Territorial superintendent of district schools, and who shall receive the same salary and compensation, which shall be paid out of the treasury of said Territorial school laws suspended.Territory; and the laws of the Territory of Utah providing for the method of election and appointment of such Territorial superintendent of district schools are hereby suspended until the further action of Congress shall be had in respect thereto. The said superintendent shall have power to prohibit the use in any district school of any book of a sectarian character or otherwise unsuitable. Said superintendent shall collectStatistics. and classify statistics and other information respecting the district and other schools in said Territory, showing their progress, the whole number of children of school age, the number who attend school in each 641 year in the respective counties, the average length of time of their attendance, the number of teachers and the compensation paid to the same, the number of teachers who are Mormons, the number who are so-called gentiles, the number of children of Mormon parents and the number of children of so-called gentile parents, and their respective average attendance at school; all of which statistics and information shall be annually reported to Congress, through the governor of said Territory and the Department of the Interior. Sec. 26. That all religious societies, sects, and congregations shallTrustees for real property of religious corporations. have the right to have and to hold, through trustees appointed by any court exercising probate powers in a Territory, only on the nomination of the. authorities of such society, sect, or congregation, so much real property for the erection or use of houses of worship, and for such parsonages and burial grounds as shall be necessary for the convenience and use of the several congregations of such religious society, sect, or congregation. Sec. 27. That all laws passed by the so-called State of Deseret andMilitia laws of Utah annulled. by the legislative assembly of the Territory of Utah for the organization of the militia thereof or for the creation of the Nauvoo Legion are hereby annulled, and declared of no effect; and the militia of UtahMilitia. shall be organized and subjected in all respects to the laws of the United States regulating the militia in the Territories: *Provided, however*,*Proviso*.Officers. That all general officers of the militia shall be appointed by the governor of the Territory, by and with the advice and consent of the council thereof. The legislative assembly of Utah shall have power to pass laws for organizing the militia thereof, subject to the approval of Congress. Received by the President, February 19, 1887. [Note by the Department of State.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without bis approval.] RESOLUTIONS. No. 1: authorizing and directing the payment of the salaries of the officers and employees of Congress for the month of December eighteen hundred and eighty-six. Public Resolution 1 24 Stat. 643 1886-12-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 1.] Joint resolution authorizing and directing the payment of the salaries of the officers and employees of Congress for the month of December eighteen hundred and eighty-six.Dec. 17, 1886. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,December salaries, officers, etc., of Congress to be paid December 20, 1886. That the Secretary of the Senate and the Clerk of the House of Representatives be, and they are hereby, authorized and instructed to pay the officers and employees of the Senate and House of Representatives their respective salaries for the month of December, eighteen hundred and eighty-six, on the twentieth day of said month. Approved, December 17, 1886. No. 2: directing copies of the official letter-books of the executive department of the State of North Carolina to be furnished to said State. Public Resolution 2 24 Stat. 643 1886-12-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 2.] Joint resolution directing copies of the official letter-books of the executive department of the State of North Carolina to be furnished to said State.Dec. 20, 1886. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,North Carolina.Copies of letter-books to be delivered to. That the Secretary of War is directed to cause to be made out duly certified copies of the official letter-books of the executive department of the State of North Carolina now in the War Department, and to be delivered to the governor of North Carolina, retaining the originals in the War Department. Approved, December 20, 1886. No. 3: relative to certain papers in the State Department by error. Public Resolution 3 24 Stat. 643 1886-12-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 3.] Joint resolution relative to certain papers in the State Department by error.Dec. 21, 1886. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,John Potts.Papers in Department of State to be delivered. That the Secretary of State be, and he is hereby, directed to deliver to the person justly entitled to the possession thereof the papers in the claim of the late John Potts, a British subject residing in Mexico, presented to the United States and Mexican Claims Commission through the agency of a Mr MacManus, also a resident of Mexico, said papers containing certain original documents issued by the Mexican Government on the collectors of customs at sundry ports for the payment of moneys to said John Potts, and which moneys he had loaned to the Mexican Government; the said papers having been deposited in the State Department by error. Approved, December 21, 1886.
(643)No. 4: for the relief of William B. Isaacs and Company. Public Resolution 4 24 Stat. 644 1887-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public 644 FORTY-NINTH CONGRESS. Sess. II. Res. 5–7. 1887. [No. 4.] Joint resolution for the relief of William B. Isaacs and Company.Jan. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,William B. Isaacs and Company. That the petitions and claim of William B. Isaacs and Company for certain assets claimed to belong to them, as successors in interest of certain banks of Virginia described therein, as having been taken by the Government of the United States in the month of August, eighteen hundred and sixty-five, with the accompanying papers now on file in the House of Representatives, being Miscellaneous Document Number Five, second session Forty-fifth Congress, Claim referred to Court of Claims.be referred to the Court of Claims for judicial ascertainment of the facts; that wherever papers or affidavits are made or executed by persons deceased, not interested in the cause, they shall be considered as evidence by the court and given such weight as they may deserve, but wherever the affidavits are of living persons the evidence shall be taken in the usual way, subject to cross examination on behalf of the United States; that the court shall fully adjudicate upon the rights of the parties and the ownership of the property described in the petitions, and, as matter of law, to whom it should be paid, and report said findings of fact and law to Congress for consideration. The said petitioners shall not be barred of relief in the said court by reason of any act of limitations. Approved, January 3, 1887. No. 5: appointing James B. Angell a member of the Board of Regents of the Smithsonian Institution. Public Resolution 5 24 Stat. 644 1887-01-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 5.] Joint resolution appointing James B. Angell a member of the Board of Regents of the Smithsonian Institution.Jan. 19, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,James B. Angell.Appointed regent Smithsonian Institution. That the existing vacancy in the Board of Regents of the Smithsonian Institution of the class “other than members of Congress,” shall be filled by the appointment of James B. Angell, of the State of Michigan, in place of John Maclean, deceased. Approved, January 19, 1887. No. 6: providing for the payment of per diem laborers in Government employ on “Memorial” or “Decoration Day” and the Fourth day of July of each year as on other days. Public Resolution 6 24 Stat. 644 1887-02-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 6.] Joint resolution providing for the payment of per diem laborers in Government employ on “Memorial” or “Decoration Day” and the Fourth day of July of each year as on other days.Feb. 23, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Per diem employees.Allowed pay for Decoration Day and Fourth of July. That all per diem employees of the Government, on duty at Washington or elsewhere in the United States, shall be allowed the day of each year, which is celebrated as “Memorial” or “Decoration Day and the fourth of July of each year, as holiday, and shall receive the same pay as on other days. Approved, February 23, 1887. No. 7: to provide for the settlement of accounts with the Mobile and Ohio Railroad Company. Public Resolution 7 24 Stat. 644 1887-02-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 7.] Joint resolution to provide for the settlement of accounts with the Mobile and Ohio Railroad Company.Feb. 23, 1887. Preamble.Vol. 18, p. 335.Whereas, by act of Congress approved February twenty-seventh, eighteen hundred and seventy-five, entitled “An act to provide for settlement with certain railway companies”, the Secretary of War and the Attorney-General were authorized to make such abatements in the accounts of the companies named in said act as they might find just; and Whereas the Secretary of War and the Attorney-General having determined and agreed upon a basis for such abatements and settlements, it was found that the Mobile and Ohio Railroad Company had so far paid its accounts that the abatements determined upon would not only extinguish the balance claimed against said Company, but would also require the return of a portion of the money already paid by it; and FORTY-NINTH CONGRESS. Sess. II. Res. 8–11. 1887. 645 Whereas the said act not making any appropriation or provision for the return of any money, no settlement was made with the Mobile and Ohio Railroad Company as contemplated by said act, and its accounts still remain unadjusted and unsettled: Therefore, *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Mobile and Ohio Railroad Company.Accounts to be settled.Vol. 18, p. 335. That the Secretary of War and the Attorney-General be, and they are hereby, authorized and directed, jointly, to adjust and finally settle the accounts of the United States with the Mobile and Ohio Railroad Company for property received from the United States in the years eighteen hundred and sixty-five and eighteen hundred and sixty-six, as provided for in the act of Congress approved February twenty-seventh eighteen hundred and seventy-five. Sec. 2. That when said accounts have been adjusted, if it shall be foundAppropriation to pay amount found due. that the adjustment upon the basis herein provided for requires the return of any money heretofore paid by the Mobile and Ohio Railroad Company on said accounts, the Secretary of War be, and he is hereby, authorized and directed to issue his warrant on the Treasury of the United States in favor of said company for the amount of money so to be returned; and the amount necessary for such purpose is hereby appropriated out of any moneys in the Treasury of the United States not otherwise appropriated. Approved, February 23, 1887. No. 8: authorizing and directing the Department of Justice to transfer certain rooms which have been occupied by the United States courts to the city of Jackson, Mississippi. Public Resolution 8 24 Stat. 645 1887-02-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 8.] Joint resolution authorizing and directing the Department of Justice to transfer certain rooms which have been occupied by the United States courts to the city of Jackson, Mississippi.Feb. 28, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Jackson, Miss.Certain rooms in Town Hall released to city. That the Department of Justice be, and is hereby, authorized and directed to transfer and relinquish to the city of Jackson, State of Mississippi, all the right, title, and claim of the United States to the rooms in what is described as the Town Hall building in said city which have been used for the United States courts and the officials thereof, under a deed executed on the fifteenth day of February, anno Domini eighteen hundred and fifty-five, it having been a condition of the deed that the rooms were to be used exclusively for the purposes above specified, and the same having been entirely abandoned by the said courts and the officials thereof, a new building having been erected by the Government for the convenience and occupancy of said United States courts, and the Attorney-General having decided that the aforementioned rooms in the Town Hall could not be used by the Government, under said deed, for any other purposes than those Specified in the grant. Approved, February 28, 1887. No. 9: to provide for printing the Third Annual Report of the Bureau of Animal Industry. Public Resolution 9 24 Stat. 645 1887-02-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 9.] Joint resolution to provide for printing the Third Annual Report of the Bureau of Animal Industry.Feb. 28, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Animal Industry Bureau.Third annual report to be printed. That there be printed thirty-five thousand copies of the Third Animal Report of the Bureau of Animal Industry for the year eighteen hundred and eighty-six, of which ten thousand copies shall be for the use of the members of the Senate and twenty thousand copies for the use of the members of the House of Representatives, and five thousand copies for the use of the Department of Agriculture; the illustrations to be executed under the supervision of the Public Printer, in accordance with the directions of the Joint Committee on Printing, the work to be subject to the approval of the Commissioner of Agriculture. Approved, February 28, 1887. No. 10: authorizing the printing of two thousand five hundred extra copies of the Report of the Health Officer of the District of Columbia. Public Resolution 10 24 Stat. 646 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public 646 FORTY-NINTH CONGRESS. Sess. II. Res. 11–13. 1887. [No. 10.] Joint resolution authorizing the printing of two thousand five hundred extra copies of the Report of the Health Officer of the District of Columbia.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Health officer, D.C.Extra copies of report, to be printed. That the Public Printer be, and is hereby, authorized to print two thousand live hundred extra copies of the Annual Report of the Health Officer of the District of Columbia; one hundred for the use of the Senate, three hundred and fifty for the use of the House of Representatives, and two thousand and fifty for the use of the said Health Officer of the District. Approved, March 3, 1887. No. 11: providing for printing eulogies delivered in Congress upon the late Abraham Dowdney, John Arnot, Jr., Lewis Beach, William T. Price William H. Cole mid Austin F. Pike. Public Resolution 11 24 Stat. 646 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 11.] Joint resolution providing for printing eulogies delivered in Congress upon the late Abraham Dowdney, John Arnot, Jr., Lewis Beach, William T. Price William H. Cole mid Austin F. Pike.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Eulogies on Abraham Dowdney. John Arnot, jr., Lewis Beach, William T. Price and William H. Cole to be printed. That there be printed, of the eulogies delivered in Congress, upon the late Abraham Dowdney, John Arnot, Jr., and Lewis Beach, late Representatives in the Forty-ninth Congress from the State of New York, and William T. Price, late a Representative from the State of Wisconsin, and William H. Cole, late a Representative from the State of Maryland, twelve thousand five hundred copies each, of which three thousand copies of each shall be for the use of the Senate and nine thousand five hundred each for the use of the House of Representatives. Sec. 2. Eulogies on Austin F. Pike. That there, be also printed of the eulogies delivered in Congress upon the late Austin F. Pike a Senator from New Hampshire, twelve thousand copies, of which four thousand copies shall be for the use of the Senate and eight thousand copies for the use of the House of Representatives. Sec. 3. Appropriation for portraits. That the Secretary of the Treasury be, and he is hereby, directed to have printed portraits of the said Abraham Dowdney, John Arnot, Jr., Lewis Beach, William T. Price, William H. Cole, and Austin F. Pike, to accompany said eulogies, and for the purpose of engraving and printing said portraits the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. Approved, March 3, 1887. No. 12: authorizing the Secretary of War to accept certain lands, and so forth, near Chicago, Illinois. Public Resolution 12 24 Stat. 646 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 12.] Joint resolution authorizing the Secretary of War to accept certain lands, and so forth, near Chicago, Illinois.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Chicago, Ill.Acceptance of land donated for military purposes. That the Secretary of War be, and he is hereby, authorized and directed to accept deed and conveyance of a certain tract of land, when the State of Illinois shall cede jurisdiction of the same to the United States, described as follows: Known as the Highwood tract, in Lake County, Illinois, containing five hundred and ninety-eight and one-half acres, lying on Lake Michigan, north of the city of Chicago, and distant twenty-five miles; this land being a tract donated by the Commercial Club of Chicago (represented by John A. Doane, C. B. Farwell, and Alexander P. McClurg) for military purposes: *Proviso*.Title.*Provided*, That the title proposed to be conveyed shall be approved by the Attorney-General of the United States as sufficient to vest the fee-simple of the said above described land in the United States, free of incumbrance, before the Secretary of War shall formally accept the same. Approved, March 3, 1887. No. 13: providing for the sale of public documents Public Resolution 13 24 Stat. 647 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public FORTY-NINTH CONGRESS. Sess. II. Res. 14–17. 1887. 647 [No. 13.] Joint resolution providing for the sale of public documentsMar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Public documents.Sale of, authorized.*Proviso*. That the Secretary of the Interior be, and he is hereby, authorized to sell, at cost-price, to any party wishing to purchase the same, any public document of which copies available for this purpose, not required for official use, remain: *Provided*, That only one copy of any document be sold to any one person. Sec. 2. That the Secretary of the Interior shall have kept a detailedAnnual report to be made of sales. statement of each and every public document sold, with the name of the purchaser and date of the purchase, and that he shall annually publish, among the documents accompanying his annual report, a statement showing the number of each public document sold during the fiscal year, and the price thereof. Approved, March 3, 1887. No. 14: to authorize the use of hot water off the Government Reservation at Hot Springs, Arkansas. Public Resolution 14 24 Stat. 647 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 14.] Joint resolution to authorize the use of hot water off the Government Reservation at Hot Springs, Arkansas.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Hot Springs, Ark.Hot water to be supplied to bath houses off the reservation.*Proviso*.Not to interfere with Army and Navy Hospital supply. That the Secretary of the Interior be and he is hereby authorized to continue to furnish to the Bath Houses located off the Permanent Reservation at Hot Springs, Arkansas, a sufficient amount of hot water for drinking and bathing purposes: *Provided*, That furnishing such bath houses shall in no way interfere with the supply of hot water necessary for the use of the Army and Navy Hospital and for the bath houses located upon the Permanent Reservation subject to any further action of Congress on the subject. Approved, March 3, 1887. No. 15: to print the official report of the Investigations of Dr. Edward Shakespeare concerning the nature, and so forth, of Epidemic Cholera. Public Resolution 15 24 Stat. 647 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 15.] Joint resolution to print the official report of the Investigations of Dr. Edward Shakespeare concerning the nature, and so forth, of Epidemic Cholera.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Cholera in Europe and Asia. That the Official Report of the Investigations of Dr. Edward O. Shakespeare in Europe and Asia, concerning the nature, causes, method of prevention and cure of Epidemic or Asiatic Cholera, made by the direction of the President of the UnitedReport on, to be printed. States, be printed, with the accompanying illustrations, and that there be printed, in addition to the usual number, two thousand copies for the use of the Department of State, one thousand copies for the use of the Senate, and two thousand copies for the use of the House of Representatives, said report to be printed under the editorial supervision of Dr. Shakespeare. Approved, March 3, 1887. No. 16: to distribute copies of special memoirs and reports of the United States Geological Survey. Public Resolution 16 24 Stat. 647 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 16.] Joint resolution to distribute copies of special memoirs and reports of the United States Geological Survey.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Geological Survey memoirs. That there shall be distributed from the number of special memoirs and reports of the United States Geological Survey now authorized by law one copy of every such publication to every public library which shall be designated to the SecretaryDistribution to libraries. of the Interior as follows: Two public libraries to be designated by each of the Senators from the States, respectively, two public libraries by the Representative in Congress from every Congressional district, and two public libraries by the Delegate from every Territory; such public libraries to be additional to those to which the said publications are distributed under existing law. Approved, March 3, 1887. No. 17: providing for printing the annual report of the Commissioner of Labor. Public Resolution 17 24 Stat. 648 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public 648 FORTY-NINTH CONGRESS. Sess. II. Res. 18–20. 1887. [No. 17.] Joint resolution providing for printing the annual report of the Commissioner of Labor.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Commissioner of Labor.Report to be printed. That there be printed thirty-nine thousand copies, in cloth binding, of the second animal report of the Commissioner of Labor, twenty-six thousand copies for the use of members of the House of Representatives, and thirteen thousand copies for the use of members of the Senate. Sec. 2. Appropriation. That the sum of nineteen thousand nine hundred and ninety-four dollars and thirty cents, or so much thereof as may be necessary, to defray the cost of the publication of said report, is hereby appropriated out of any money in the Treasury not otherwise appropriated. Approved, March 3, 1887. No. 18: authorizing the Secretary of War to grant a permit to John F Chamberlin to erect a hotel upon the lands of the United States at Fortress Monroe, Virginia. Public Resolution 18 24 Stat. 648 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 18.] Joint resolution authorizing the Secretary of War to grant a permit to John F Chamberlin to erect a hotel upon the lands of the United States at Fortress Monroe, Virginia.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Fortress Monroe, Va.Permission to build hotel at. That the Secretary of War be, and he is hereby, authorized to grant permission to John F. Chamberlin to build a hotel upon the lands of the United States at Fortress Monroe, Virginia, upon such site and with such plans and dimensions as may be *Proviso*.Consent of Virginia.approved by the Secretary of War: *Provided*, That the State of Virginia, by its general assembly and governor, shall, by proper legal enactment, give the consent of said State to the erection of such hotel, and that the building or buildings erected shall be removed, at the expense of the owner or owners, whenever the Secretary of War shall so direct; and no claim for damages by reason of such removal shall be made upon the Government of the United States: *And provided further*, Taxation.That the building so erected shall be subject to State and national taxation as other property Approved, March 3, 1887. No. 19: authorizing the several Executive Departments of the Government to loan to the Minneapolis Industrial Exposition certain articles for exhibit. Public Resolution 19 24 Stat. 648 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 19.] Joint resolution authorizing the several Executive Departments of the Government to loan to the Minneapolis Industrial Exposition certain articles for exhibit.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Minneapolis Industrial exposition. That it is desirable, in any way consistent with existing laws, and without risk to Government property or expense to the National Treasury, to encourage the effort being made for the opening and holding of a grand industrial and educational exposition of the Northwest, at the city of Minneapolis, in the State of Minnesota, and the interests of the whole northwestern section of our country demand it be made unqualified success; and it be, and is hereby, Executive Departments may loan articles to exhibit.*Provisos*.Exposition to be responsible for safety, etc.approved that the heads of the several Executive Departments shall, in whatever respects they may in their judgment see convenient and proper, loan any articles or material suitable to such purpose: *Provided*, That such loan be made entirely on the responsibility of said Minneapolis Industrial Exposition, and shall not be of material needed for use in either Department, and shall not in any way interrupt the daily routine of duty or order in any branch of the Government, and shall be returned to the proper Department, in good order, within one month Bond.after the close of the exposition: *And provided further*, That before any such loan shall be made the proper head of the Department shall require and receive a good and sufficient bond, by or in behalf of such exposition, for the safe return thereof as aforesaid, and to indemnify and save harmless the Government of the United States, or any Department thereof, from any liability or expense on account thereof, or on account of this resolution. Approved, March 3, 1887. No. 20: providing for the distribution of the Official Register of the United States. Public Resolution 20 24 Stat. 649 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public FORTY-NINTH CONGRESS. Sess. II. Res. 21, 22. 1887. 649 [No. 20.] Joint resolution providing for the distribution of the Official Register of the United States.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Official Register. That inasmuch as the Official Register of the United States is now supplied to depositories of public documents as one of the set of Congressional documents in leather binding,Distribution. so much of the act of December fifteenth, eigthteen hundred and seventy-seven, as provides for supplying depositories with this document is hereby repealed; and the Secretary of the Interior is authorized to send the Register to such library not a depository as shall be named to him for the purpose by each Senator, Representative, and Delegate in Congress Approved, March 3, 1887. No. 21: authorizing the printing of the Annual Report of the Commissioner of Agriculture for the year eighteen hundred and eighty-seven. Public Resolution 21 24 Stat. 649 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 21.] Joint resolution authorizing the printing of the Annual Report of the Commissioner of Agriculture for the year eighteen hundred and eighty-seven.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Commissioner of Agriculture.Report for 1887 to be printed. That there be printed four hundred thousand copies of the Annual Report of the Commissioner of Agriculture for the year eighteen hundred and eighty seven; seventy thousand copies for the use of members of the Senate, three hundred thousand copies for the use of members of the House of Representatives, and thirty thousand copies for the use of the Department of Agriculture; the illustrations for the same to be executed under the supervision of the Public Printer, in accordance with directions of the Joint Committee on Printing, said illustrations to be subject to the approval of the Commissioner of Agriculture. Sec. 2. That the sum of two hundred thousand dollars, or so muchAppropriation. thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to defray the cost of the printing of said Report. Approved, March 3, 1887. No. 22: for printing five thousand copies of Commander Schley’s report of his search for the Greyly expedition. Public Resolution 22 24 Stat. 649 1887-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-17 49 1 public [No. 22.] Joint resolution for printing five thousand copies of Commander Schley’s report of his search for the Greyly expedition.Mar. 3, 1887. *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*,Greely Expedition.Report of search for, to be printed. That there be printed and bound in cloth, at the Government Printing Office, and illustrated, five thousand copies of the report of Commander W. S. Schley, United States Navy, commander of the relief expedition of eighteen hundred and eighty-four to rescue Lieutenant A W. Greely and the Lady Franklin Bay expedition; of which number one thousand copies shall be for the use of the House, five hundred copies for the use of the Senate, and three thousand five hundred copies to be distributed by the Secretary of the Navy. Approved, March 3, 1887. 49 1 1885 1886 PRIVATE LAWSof theUNITED STATES OF AMERICA,passed byTHE FORTY-NINTH CONGRESS.1885–1887. 651 PRIVATE ACTS OF THE FORTY-NINTH CONGRESS of the UNITED STATES, *Passed at the first session, which was begun and held at the city of Washington, in the District of Columbia, on Monday, the seventh day of December*, 1885, *and was adjourned without day on Thursday, the fifth day of August*, 1886. Grover Cleveland, President; John Sherman was elected President of the Senate *pro tempore* on the seventh day of December, 1885, and continued so to act until the end of the session; John G. Carlisle was elected Speaker of the House of Representatives on the seventh day of December, 1885. Chapter 1: for the relief of Alexander R. Lawton, of the State of Georgia Chapter 1 24 Stat. 653 1885-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-02-24 43 1 private
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  • 24 Stat. 643
  • 24 Stat. 644
  • 24 Stat. 645
  • 24 Stat. 646
  • 24 Stat. 647
  • 24 Stat. 648
  • 24 Stat. 649
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Chapter 397
to amend an act entitled “An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,” approved March twenty-second, eighteen hundred and eighty-two
Stat.Chapter 2
Stat.24 Stat. 643
Stat.24 Stat. 644
Stat.24 Stat. 645
Stat.24 Stat. 646
Stat.24 Stat. 647
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