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Procedure.

Appearance, etc.

dump.

Lien not affected.

etc.

Sec. 7. That the claimant may file the original or a certified copy of the notice of lien in the district or justice's court as the statement of his case, and thereupon the court or justice shall issue the usual

summons directed to the defendant or defendants, which summons, Service of process. together with a copy of the lien notice, shall, by any officer author

ized to serve process, be served upon the defendant or defendants, as Vol. 31, pp. 481, 482. provided in sections nine hundred and fifty and nine hundred and

fifty-one of chapter ninety-two of the Code of Civil Procedure now in force in Alaska. The summons shall require the defendant or defendants to appear before such court or justice at a time and a place to be named therein, not less than six nor more than twenty days from the date thereof, to answer the demand of the claimant in the said lien

notice, or judgment for want of an answer will be taken against them. Vol. 31, pp. 339, 340. Service by publication may be had pursuant to sections forty-seven Posting notice on and forty-eight of chapter four of said Code of Civil Procedure. The

officer serving the summons shall also immediately post a copy of said lien notice in a conspicuous place on the dump or mass of mineralbearing sands, gravels, earth, or rock, and gold and gold dust, and other minerals therein upon which the lien is filed, and from the moment of posting the lien notice the dump or mass of mineral-bearing sands, gravels, earth, and rock, and gold and gold dust, and other

minerals therein shall be in the custody and under the control of the Rights of adverse officer. All persons who claim any interest therein in opposition to claimants.

the lien claimant may come in and answer and set up and defend their said claims, but no claim or claims of any owner, lessee, or other adverse defendant shall bar the lien claimant from recovering the sum due him for actual labor in producing the said dump or mass of mineral-bearing sands, gravels, earth, or rock, or gold and gold dust,

or other minerals. Joining of parties, Sec. 8. That any number of persons claiming liens under this Act

may join in the same action, and when separate actions are comCourt allowances. menced the court may consolidate them. The court shall also allow,

as a part of the costs, the moneys paid for filing, recording, and indexing the notice of lien, the sum of five dollars for drawing the same, and a reasonable attorney's fee for each person claiming a lien, not

to exceed ten per centum of the amount of the lien established on Waiver of right to judgment. Any contract or agreement or any waiver of any kind lien void.

made or signed by any minor or laborer whereby it is sought to waive or abandon his right to file a lien under this Act, or any agreement for an extended time of payment whereby the same end is sought, shall

to that extent be null and void as against public policy. Execution of judg. SEC. 9. That in such action judgment must be rendered in favor of

each person having a laborer's lien for the amount due him, and the court shall order the dump or mass of mineral-bearing sands, gravels, earth, or rock, and the gold and gold dust, and other minerals therein

subject to the lien to be sold by the marshal in the same manner that Extracting min- personal property is sold on execution; or the court may, upon a show

ing that it is necessary to do so to preserve the property from loss or waste, by order require the marshal to wash up or extract the gold

and gold dust or other mineral from the said mineral-bearing sands, By defendant, etc. gravels, earth, or rock; or the court may, by order, allow the defend

ant or defendants or any party interested to wash up and extract the said mineral, in the presence of the marshal or deputy marshal or special officer, who shall take the gold or gold dust or other minerals

as it is washed up and extracted and return the same into court, Disposalos proceeds, and it shall be immediately paid out as follows: First, the cost of

cleaning up or extracting the gold or gold dust or other minerals shall be paid; second, the court costs shall be paid; and, third, the judgment or judgments so rendered in favor of the lien claimants shall be paid; and if there is not sufficient gold or gold dust, or other

ment.

Sales.

erals.

By marshal.

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to pay

Proviso.
Restriction.

Appeals to district court.

try .

Proviso.
Release of excess of

minerals, or sufficient moneys obtained from the sale of the property

all claims in full, the court shall apportion the proceeds to the payment of such judgments pro rata: Provided, That no part of

any such proceeds shall be paid upon any claim or judgment to any person who did not actually perform labor in producing the dump or the proceeds thereof until all such preferred claims are paid in full.

Sec. 10. That an appeal may be taken from a final judgment of a justice of the peace in actions instituted under this Act to the district court, in the manner provided in chapter ninety-seven of the

Vol. 31, p. 487. Code of Civil Procedure now in force in Alaska, and upon such Extracting minerals. appeal being perfected the dump, or mass of mineral-bearing sands, gravels, earth and rock, gold and gold dust, or other minerals shall be washed up by the marshal or any party mentioned in section nine of this Act as the district court may direct, and all the gold or gold dust or other mineral so washed up shall be paid into the registry Payment into regisof the district court there to await the final judgment on appeal: Provided, That the gold or gold dust or other mineral in excess of the amount of the judgment, including an additional amount equal to the judgment, etc. probable accruing costs on appeal and two years' interest at the legal rate, shall after the expiration of ninety days from the time it was paid into the registry of the district court, be released to the owners

Cash deposit per: upon a showing that no liens have been filed against it. The defend- mitted. ant or defendants, or any one or more of them, may deposit cash in lieu of the gold or gold dust on the dump, which shall remain in the custody of the law until the final judgment, and shall then be applied in payment of the judgment or judgments rendered on each lien claims, and costs, and interest. Sec. 11. That any person or persons who shall, after the copy of

Liability for buying

minerals, etc., posted. tie notice of lien is posted upon any dump or mass of mineral-bearing sands, gravels, earth or rock, gold and gold dust, or other mineral, as provided in this Act, and with knowledge of such notice of lien, buy, purchase, wash up, remove, destroy, or carry away all or any part or portion of the same, or the gold or gold dust therein, or who shall render it difficult, uncertain, or impossible to identify the gold or gold dust or other mineral obtained therefrom, shall be liable to the lien holder for the full amount of his judgment and costs; and any deemed Tareeny:

Carrying away, etc. person who shall take and carry away all or any part or portion of said dump, of mineral-bearing sands, gravels, earth or rock, or the gold or gold dust or other minerals therefrom, after the same shall come into the custody of the officer, shall be guilty of a crime and shall be punished as for the larceny of a like amount; and any district attorney in Alaska is specially required to immediately cause a warrant to be issued for the arrest of any such person or persons and to prosecute them according to law.

Approved, June 25, 1910.

Prosecutions.

Patents.
Recovery for unli.

CHAP. 423.- An Act To provide additional protection for owners of patents of the

June 25, 1910. United States, and for other purposes.

(H. R. 24649.)

[Public, No. 305.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever an invention described in and covered by a patent of the United States shall here- sensed use by United after be used by the United States without license of the owner thereof or lawful right to use the same, such owner may recover reasonable compensation for such use by suit in the Court of Claims: Provided, however, That said Court of Claims shall not entertain a suit or reward compensation under the provisions of this Act where the claim for compensation is based on the use by the United States of any article heretofore owned, leased, used by, or in the possession of the United States: Provided further, That in any such suit the United States may Defenses allowed.

Promisos.
Claims barred.

ment employees.

avail itself of any and all defenses, general or special, which might be R.S., secs. 4918–4922, pleaded by a defendant in an action for infringement, as set forth in Patents by Govern. Title Sixty of the Revised Statutes, or otherwise: And provided fur

ther, That the benefits of this Act shall not inure to any patentee, who, when he makes such claim is in the employment or service of the Government of the United States; or the assignee of any such patentee; nor shall this Act apply to any device discovered or invented by such employee during the time of his employment or service.

Approved, June 25, 1910.

Alaska.

banks and Nome.

Board on construction.

June 25, 1910. CHAP. 424.-An Act To provide for the care and support of insane persons in (H. R. 24833.)

the Territory of Alaska. (Public, No. 306.]

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That there is hereby estabTemporary detention hospitals for in- lished at Fairbanks, in the Territory of Alaska, and at Nome, in the Authorized at Fair. Territory of Alaska, respectively, a detention hospital for the tem

porary care and detention of the insane, wherein all insane and other patients in charge of the United States marshal shall be detained until transported to the asylum provided by law for their permanent

care and cure, or otherwise disposed of as provided by the laws of Appropriation. the United States; and the sum of twenty-five thousand dollars is

hereby appropriated out of any moneys in the United States Treasury not otherwise appropriated, not exceeding one-half thereof to be expended in the erection and equipment of the hospital at Fairbanks, and not exceeding one-half thereof to be expended in the erection and equipment of the hospital at Nome.

SEC. 2. That the governor of Alaska and the judge of the district court and the United States marshal of the judicial division in which the said detention hospital, respectively, is to be erected and equipped,

shall constitute in each division a board whose duty it shall be to cause Contracts, etc.

the said detention hospital to be erected and equipped; that public bids for the erection of the same shall be called for, and the said board shall let the contract for the erection of the buildings, respectively,

to the lowest and best bidder, but the said board may reject any or Expenditures, re- all bids and call for new bids in their discretion; that the moneys port, etc.

hereby appropriated, or so much thereof as shall be necessary, shall be expended by the said board upon the approval of the governor; and the said board in each division shall make a detailed report of

the expenditures of the said funds to the Attorney-General of the Care and mainte- United States; that the said hospitals, after their erection and equip

ment, shall be under the charge and control of the United States marshal in the division where situated, and the maintenance thereof shall be paid in the same manner and from the same fund as the expense of the United States jails under the same marshal is paid.

Approved, June 25, 1910.

nance.

Green River.

Bowling Green and Northern

June 25, 1910. CHAP. 425.-An Act Authorizing the Bowling Green and Northern Railroad (H. R. 25560.]

Company to bridge Green and Barren rivers. (Public, No. 307.]

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That the Bowling Green and Railroad Northern Railroad Company, a corporation organized under the laws Company may bridge, of the State of Kentucky, is hereby authorized to construct, maintain,

,

and operate a bridge and approaches thereto, across the Green River, at a point suitable to the interests of navigation, at or near Davis

Ferry, about one mile below said ferry, and about the same distance Barren River, at above Lock Numbered Five, in Edmonson County, Kentucky; also a Bowling Green, Ky.

bridge and approaches thereto across the Barren River, at a point

suitable to the interests of navigation, at or about one-half mile or more north of the Louisville and Nashville railroad bridge at Bowling Green, in Warren County, Kentucky, in accordance with the provisions of the Act entitled “An Act to regulate the construction of Vol. 34, p. 84. bridges over navigable waters," approved March twenty-third, nineteen hundred and six.

Sec. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, June 25, 1910.

.

June 25, 1910.

(H. R. 25715.) (Public, No. 308.]

Rio Grande.
Kansas City, Mexico

Presidio Del Norte,

CHAP. 426.-An Act Authorizing the Kansas City, Mexico and Orient Railway Company of Texas and the Kansas City, Mexico and Orient Railway Company to build two bridges across the Rio Grande.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Kansas City, Mexico and Orient Railway Company of Texas, a corporation organ- and Orient Railway ized under the laws of the State of Texas, and the Kansas City,

may bridge. Mexico and Orient Railway Company, a corporation organized under Mexico, to El Oro, the laws of the State of Kansas are hereby authorized to construct, maintain, and operate a railway bridge, or å railway, wagon and foot bridge, and approaches thereto across the Rio Grande from a point suitable to the interests of navigation near Presidio Del Norte, on the Rio Grande, on the Mexican side thereof, to a similar opposite point in the State of Texas in the county of Presidio, called or to be called “El Oro,” in the State of Texas, the said bridge to connect the line of railway of the said Kansas City, Mexico and Orient Railway Company of Texas with the line of railway of the said Kansas City, Nexico and Orient Railway in the Republic of Mexico; and also, the above-named railway companies, their successors, and assigns are hereby authorized to construct, maintain, and operate a railway bridge, or a railway, wagon and foot bridge, and approaches thereto across the Rio Grande from a point suitable to the interests of navigation near Del Rio, on the Texas side, to a similar point opposite on the Mexican side, the said bridge to connect a line of railway from the Texas side of said river with a line of railway on the Mexican side thereof; and each of said bridges shall be built in accordance with the provisions of the Act of Congress entitled “An Act to regulate the construction of bridges over navigable waters," approved March twenty-third, nineteen hundred and six.

Sec. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 25, 1910.

Del Rio, Tex., to Mexican bank.

Vol. 34, p. 84.

Amendment.

Missouri River.
Time extended for

CHAP. 427.-An Act To amend an Act to authorize a bridge across the Missouri June 25, 1910. River at or near Council Bluffs, Iowa, approved February first, nineteen hundred

(H. R. 25830.) and eight, as amended.

[Public, No. 309.) Be it enacted by the Senate and Tlouse of Representatives of the United States of America in Congress assembled, That the Act to authorize the Central Railroad and Bridge Company to construct a bridge across bridging, at Council the Missouri River at or near Council Bluffs, Iowa, approved Feb- tral Bridge Company. ruary first, nineteen hundred and eight, and amended February twenty

Vol. 35, pp. 3, 660. seventh, nineteen hundred and nine, is hereby amended so as to give to the Central Bridge Company, of Council Bluffs, Iowa, all the authority and rights granted under said Act if the actual construction of the bridge authorized by said Act is commenced within one year and completed within three years from the date of the passage of this Act.

Approved, June 25, 1910.

June 25, 1910.

(H. R. 26233.] (Public, No. 310.)

antitrust

and

com

courts.

Vol. 26, p. 209.
Vol. 24, p. 379.
Vol. 34, p. 544.
Ante, p. 539.

ney-General.

CHAP. 428.-An Act To amend an Act entitled “ An Act to expedite the hearing and determination of suits in equity pending or hereafter brought under the Act of July second, eighteen hundred and ninety, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies,', 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that may be hereafter enacted,'' approved February eleventh, nineteen hundred and three.

Be it enucted by the Senate and House of Representatives of the United United States courts: States of America in Congress assembled, That section one of the Act of trust, etc., cases.

entitled "An Act to expedite the hearing and determination of suits in Yol.32, p.823,umend. equity pending or hereafter brought under the Act of July second,

eighteen hundred and ninety, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies,”, An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that may be hereafter enacted," approved February eleventh, nineteen hundred and

three, be, and the same is hereby, amended so as to read as follows: Precedencegiven to "That in any suit in equity pending or hereafter brought in any merce cases in circuit circuit court of the United States under the Act entitled 'An Act to

protect trade and commerce against unlawful restraints and monopolies,' approved July second, eighteen hundred and ninety, “An Act to regulate commerce,' approved February fourth, eighteen hundred and

eighty-seven, or any other Acts having a like purpose that hereafter Certificate of Attor- may be enacted, wherein the United States is complainant, the Attor

ney-General may file with the clerk of such court à certificate that, in his opinion, the case is of general public importance, a copy of which

shall be immediately furnished by such clerk to each of the circuit Assignment to judges of the circuit in which the case is pending. judges.

Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said court, if there be three or

more; and if there be not more than two circuit judges, then before Designation of dis- them and such district judge as they may select; or, in case th ful trict judges.

court shall not at any time be made up by reason of the necessary absence or disqualification of one or more of the said circuit judges, the justice of the Supreme Court assigned to that circuit or the other circuit judge or judges may designate a district judge or judges within

the circuit who shall be competent to sit in said court at the hearing of Division of opinion: said suit. In the event the judges sitting in such case shall be equally cult judge to assist." divided in opinion as to the decision or disposition of said cause, or in

the event that a majority of said judges shall be unable to agree upon the judgment, order, or decree finally disposing of said case in said court which should be entered in said cause, then they shall immediately certify that fact to the Chief Justice of the United States, who

shall at once designate and appoint some circuit judge to sit with said Order of designa- judges and to assist in determining said cause. Such order of the

Chief Justice shall be immediately transmitted to the clerk of the circuit court in which said cause is pending, and shall be entered upon the minutes of said court. Thereupon said cause shall at once be set down for reargument and the parties thereto notified in writing by the clerk of said court of the action of the court and the date fixed for the reargument thereof. The provisions of this section shall apply to all causes and proceedings in all courts now pending, or which may hereafter be brought.

Approved, June 25, 1910.

tion.

Reargument, etc.

Pending causes in cluded.

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