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Modification of term, etc.
Revocation and rearrest.
Sec. 4. That upon the expiration of the term fixed for such proba- tioReportero. expiration, the probation officer shall report that fact to the court, with a statement of the conduct of the probationer while on probation, and the court may thereupon discharge the probationer from further supervision, or may extend the probation, as shall seem advisable. At any time during the probationary term the court may modify the terms and conditions of the order of probation, or may terminate such probation, when in the opinion of the court the ends of justice shall require, and when the probation is so terminated the court shall enter an order discharging the probationer from serving the imposed penalty; or the court may revoke the order of probation and cause the rearrest of the probationer and impose a sentence and require him to serve the sentence or pay the fine originally imposed, or both, as the case may be, and the time of probation shall not be taken into account to diminish the time for which he was originally sentenced.
Allowance, etc., to SEC. 5. That the chief probation officer of each court shall be enti- probation officers. tled, for himself and his assistants, to a room in the building occupied by that court, and all necessary stationery and supplies for the transaction of the business of his office, and all the probation officers except volunteer officers shall be entitled to their necessary expenses in performing the duties of their office, under the direction of the court, the amount of the expense for such stationery, supplies, and expenses to be fixed and allowed by the court upon proper vouchers submitted to it by the probation officers, and accounts duly verified by their oath; and for the purpose of this Act there is hereby appro- frappropiseriet' redes priated the sum of five thousand dollars, one half to be paid out of nues. any money in the Treasury not otherwise appropriated and the other half out of the revenues of the District of Columbia.
Approved, June 25, 1910.
CHAP. 434.-An Act To provide for the payment of overtime claims of letter
June 25, 1910. carriers excluded from judgment as barred by limitation.
[Public, No. 316.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to the several for overtime under
eight-hour law. parties named in Senate Document Numbered Two hundred and sixteen, Fifty-sixth Congress, first session, and Senate Document Numbered One hundred and fifty-eight, Fifty-sixth Congress, second session, or their legal representatives, out of any money in the Treasury not otherwise appropriated, the amounts set opposite each of their names, respectively, aggregating two hundred and eighty-two thousand nine hundred and forty-three dollars and eighty-eight cents, and said sum Appropriation. of two hundred and eighty-two thousand nine hundred and fortythree dollars and eighty-eight cents is hereby appropriated out of any money in the Treasury not otherwise appropriated, representing services actually performed by them as letter carriers in excess of eight hours per day and reported by the commissioners of the Court of Claims as being the amounts due them under the provisions of the Act of May twenty-fourth, eighteen hundred and eighty-eight, Vol. 25, p. 157. entitled “An Act to limit the hours that letter carriers in cities shall be employed per day,” but which have been excluded or excepted from judgment for the sole reason that the same were barred by the statute of limitations: Provided, That no agent, attorney, firm of attor
Limit to attorneys' neys, or other person engaged, heretofore or bereafter, in preparing, fee. presenting, or prosecuting any claim or claims named in Senate Document Numbered Two hundred and sixteen, Fifty-sixth Congress, first session, and Senate Document Numbered One hundred and fifty-eight, Fifty-sixth Congress, second session, above referred to, shall directly or indirectly demand, receive, or retain for such service in preparing,
presenting, or prosecuting such claim, or for any service or act whatso
ever in connection with such claim, a sum greater than five per centum Punishment for vio of the amount of such claim, and any person who shall violate the
above provision shall be guilty of a misdemeanor, and upon conviction thereof shall, for each and every offense, be fined not exceeding five hundred dollars or be imprisoned not exceeding one year, or both, in the discretion of the court.
Approved, June 25, 1910.
June 25, 1910. CHAP. 435.-An Act To amend section one, chapter two hundred and nine, of (S. 5836.]
the United States Statutes at Large, volume twenty-seven, entitled "An Act provid(Public, No. 317.] ing when plaintiff may sue as a poor person and when counsel shall be assigned
by the court, ” and to provide for the prosecution of writs of error and appeals in forma pauperis, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United United States courts. States of America in Congress assembled, That section one of an Act
entitled “An Act providing when plaintiff may sue as a poor person and when counsel shall be assigned by the court," approved July twentieth, eighteen hundred and ninety-two, be, and the same is hereby,
amended so as to read as follows: Entering or defend.
"That any citizen of the United States entitled to commence or ing suits without pay
defend any suit or action, civil or criminal, in any court of the United
States, may, upon the order of the court, commence and prosecute or Writs of error and defend to conclusion any suit or action, or a writ of error, or an appeals, included.
appeal to the circuit court of appeals, or to the Supreme Court in such suit or action, including all appellate proceedings, unless the trial court shall certify in writing that in the opinion of the court such appeal or writ of error is not taken in good faith, without being required to prepay fees or costs or for the printing of the record in
the appellate court or give security therefor, before or after bringing A fidavit of poverty, suit or action, or upon suing out a writ of error or appealing, upon
filing in said court a statement under oath in writing that because of his poverty he is unable to pay the costs of said suit or action or of such writ of error or appeal, or to give security for the same, and that he believes that he is entitled to the redress he seeks by such suit or action or writ of error or appeal, and setting forth briefly the nature of his alleged cause of action, or appeal.”
Approved, June 25, 1910. .
New York City.
June 25, 1910. CHAP. 436.–An Act To confer upon the city of New York the power to obstruct (S. 6118.)
certain navigable waters wholly within its limits. [Public, No. 318.]
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the consent of Congress navigable waters is hereby given to the city of New York, in the State of New York,
to obstruct navigation of any river or other waterway which does not form a connecting link between other navigable waters of the United States, and lying wholly within the limits of said city, by closing all or any portion of the same or by building structures in or over the
same when the said eity shall be lawfully authorized to do so by the Approval of Secre. State of New York: Provided, however, That any such obstruction
shall be unlawful unless the location and plans for the proposed work
or works before the commencement thereof shall have been filed with Changes, etc.
and approved by the Secretary of War and Chief of Engineers; and when the plans for any such obstruction have been approved by the Chief of Engineers and by the Secretary of War it shall not be lawful to deviate from such plans either before or after the completion of such obstruction, unless the modification of such plans has previously
been submitted to and received the approval of the Chief of Engineers Liability for dam- and the Secretary of War: And provided further, That the city of
New York shall be liable for any damage that may be inflicted upon private property by reason of any of the provisions of this Act.
tary of War, etc.
SEC. 2. That the right to alter, amend, or repeal this Act is hereby Right to alter, etc. expressly reserved, and the United States shall incur no liability for No liability of the alteration, amendment, or repeal thereof to the city of New York, or to the owner or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions.
Approved, June 25, 1910.
June 25, 1910.
[S. 6636.) (Public, No. 319.)
Proof of good faith,
CHAP. 437.-An Act For the relief of assignees in good faith of entries of desert lands in Imperial ('ounty, California.
Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That any person, other than Imperial County, a corporation, who has in good faith heretofore acquired by assign- Desert-land entries, ment a desert-land entry, which entry is regular upon its face, in the faith of, may complete belief that he was obtaining a valid title thereto, which assignment entries. was accepted when filed at the local land office of the United States and recognized at the General Land Office as a proper transfer of such entry, shall be entitled to complete the entry so acquired, notwithstanding any contest that has been or may be filed against such entry, based upon a charge of fraud of which the assignee had no knowledge: Provided, however, That this Act shall only apply to any person who at the time of receiving such assignment was without notice of any fraud in the entry assigned or in any annual proof made concerning the same: Provided further, That patent shall not issue to any such assignee unless he shall affirmatively establish, by his etc., required. evidence, under oath, good faith and lack of notice of fraud, and by the testimony, under oath, of himself and at least two witnesses that expenditure in the total amount and cultivation and reclamation to the full extent required by law have been actually made and accomplished: And provided further, That nothing herein contained shall be Violations of law construed to waive or avoid liability for any fraud or violation of the law on the part of the person committing the same.
SEC. 2. That where a person having made entry under the desertland law was thereafter permitted by the Land Department to hold second entries con: another entry or entries by assignment, or where a person having previously perfected title under assignment of a desert-land entry, or having held land under assignment to the amount of three hundred and twenty acres or more at different times, was thereafter permitted by the Land Department to make an entry in his own right, or to hold other lands under assignment, such persons, or their lawful assignees, shall be, upon showing full compliance with all requirements of existing law as to expenditure, reclamation, and cultivation, permitted to complete title to the land now held by them, notwithstanding any contest that may have been or may hereafter be filed against the entry based upon the charge that the present claimant has exhausted his right under the desert-land law by reason of having previously made an entry or held land under an assignment as above detailed: Provided,
Restriction. however, That this section shall not be applicable to entries made or taken by assignment subsequently to November thirtieth, nineteen hundred and eight: Provided further, That no person shall be entitled to the benefits of either the first or second section of this Act who has heretofore acquired title to three hundred and twenty acres of land under the desert-land laws; nor shall this Act be construed to modify tutamlands not modi: in any manner the provisions of the Act of August thirtieth, eighteen fied. hundred and ninety (Twenty-sixth Statutes, three hundred and Vol. 26, pp. 391, 1101. ninety-one), and the seventeenth section of the Act of March third, eighteen hundred and ninety-one (Twenty-sixth Statutes, ten hundred and ninety-five), restricting the quantity of lands that may be acquired under the agricultural-land laws. Sec. 3. The provisions of this Act shall apply to Imperial County, Imperial County, Cal.
to California, only.
Approved, June 25, 1910.
Holders of 320 acres excluded,
Limit for .
June 25, 1910.
(8.7361.) (Public, No. 320.)
CHAP. 438.–An Act To give the consent of Congress to the building of a bridge by the cities of Menominee, Michigan, and Marinette, Wisconsin, over the Menominee River.
Beit enacted by the Senate and House of Representatives of the United Menominee River States of America in Congress assembled, That the consent of Congress and Marinette, Wis.. be, and is hereby, given to the cities of Menominee, in the State of may bridge.
Michigan, and Marinette, in the State of Wisconsin, to construct, maintain, and operate a bridge and approaches thereto over the Menominee River between the States of Michigan and Wisconsin, at a point suitable to the interests of navigation, in the vicinity of the existing drawbridge over said river extending from the foot of Main street in the city of Menominee, Michigan, to the foot of Ogden street in the city of Marinette, Wisconsin, 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.
Vol. 34, p. 84.
June 25, 1910. CHAP. 439.--An Act To amend section fifty-four of an Act approved January (S. 7661.)
twelfth, eighteen hundred and ninety-five, providing for the public printing and [Public, No. 321.] binding and the distribution of public documents, as amended by Public Resolution
Numbered Thirty-six, approved June thirtieth, nineteen hundred and two.
Be it enacted by the Senate and House of Representatives of the United Public printing and States of America in Congress assembled, That that part of section Documents and re- fifty-four of an Act approved January twelfth, eighteen hundred and Reserved sets dis- ninety-tive, providing for the public printing and binding and the dis
tribution of public documents which reads as follows: "The remainder Vol. 28, p. 609. Vol. 32, p. 746. of said documents and reports shall be reserved by the Public Printer
in unstitched form, and shall be held subject to be bound in the number provided by law, upon orders from the Vice-President, Senators, Representatives, Delegates, Secretary of the Senate, and Clerk of the House, in such binding as they shall select, except full morocco or calf; and when not called for and delivered within two years after printing shall be delivered in unbound form to the Superintendent of Documents for distribution,” as amended by Public Resolution Numbered Thirty-six, approved June thirtieth, nineteen hundred and two, is hereby repealed, to take effect at the close of the second session of the Sixty-first Congress, and the reserved documents and reports therein provided shall thereafter not be printed: Provided, That nothing herein shall operate to abridge in any way the right of the Vice-President, Senators, Representatives, Delegates, Resident Commissioners, Secretary of the Senate, and Clerk of the House to have bound in half morocco, or material not more expensive, one copy of every public document to which he may be entitled.
Approved, June 25, 1910.
Binding for Senators, Members, etc.
June 25, 1910. CHAP. 440.-An Act To authorize the Dauphin Island Railway and Harbor Com(S. 7908.]
pany, its successors or assigns, to construct and maintain a bridge, or bridges, or [Public, No. 322.) viaducts, across the water between the mainland, at or near Cedar Point and Dauphin
Island, both Little and Big; also to dredge a channel from the deep waters of Mobile Bay into Dauphin Bay, and to dredge the said Dauphin Bay; also to construct and maintain docks and wharves along both Little and Big Dauphin islands.
Be it enacted by the Senate and House of Representatives of the United Mobile Bay, Ala.
States of America in Congress assembled, That the Dauphin Island Dauphin Island Railway, and Harbor Railway and Harbor Company, a corporation existing under the laws Company may bridge of the State of Alabama, be, and it is hereby, authorized to construct,
maintain, and operate a railroad bridge or bridges and approaches
Wharves and docks
thereto between the mainland at a point suitable to the interests of
in Dauphin Bay, etc. company may build and maintain wharves and docks from Little Dauphin Island, also from Big Dauphin Island, into the waters adjacent thereto, namely, Mobile Bay, 'Dauphin Bay, Mississippi Sound, and the Gulf of Mexico, at such points and in accordance with such plans as may be recommended by the Chief of Engineers and approved by the Secretary of War. Sec. 3. That the consent of Congress is hereby further given that Channel to Dauphin
Bay authorized the said company may build, construct, or dredge a channel from the deep waters of Mobile Bay up to and into Dauphin Bay, cutting or dredging that certain portion of Dauphin Island necessary to construct a straight channel from the proper and most convenient point or points in said deep waters of Mobile Bay to and into Dauphin Bay; and that the consent of Congress is also given that the said company may construct or dredge a basin to the full extent of Dauphin Bay or any part thereof, said bay lying between Little Dauphin and Big Dauphin islands; and that it may use the dredged material in filling, Reclaiming lands. constructing, and reclaiming lands on or adjacent to Little Dauphin and Big Dauphin islands and that it may deposit same at other points 'which will not interfere with or endanger navigation: Provided, That Prorisos.
Approval by Secrethe location, depth, width, and extent of said channel and basin shall be tary of War, eic. subject to the approval of the Chief of Engineers and the Secretary of War, and until approved by them the work of construction shall not be commenced: And provided further, That no portion of said dredged Deposit of dredged material shall be deposited in any navigable water until the place of deposit has been approved by the Chief of Engineers and the Secretary of War, and the deposit of said material in navigable waters shall at all times be subject to the control of said Chief of Engineers and Secretary of War. SEC. . That this Act shall not be construed as authorizing the
not impaired. invasion or impairment of the legal rights of any other person or corporation, nor as conferring any right, power, or privilege in conflict with, nor any infringement of, the laws of the State of Alabama; nor as authorizing the use or occupancy of any portion of the Fort Gaines Military Reservation, except in such manner as may be specifically recommended by the Chief of Engineers and approved by the Secretary of War. Sec. 5. That the Act approved February fifth, nineteen hundred and
bile Railway and Dock six, entitled “An Act to authorize the Mobile Railway and Dock Company repealed. Company to construct and maintain a bridge or viaduct across the
pealed. water between the end of Cedar Point and Dauphin Island,” is hereby repealed.
SEC. 6. That the consent hereby given shall be considered as withdrawn and deemed to be revoked if actual construction of the work described in sections two and three hereof be not commenced within two years and completed within five years from the date of the approval of this Act.
Sec. 7. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.
Approved, June 25, 1910.
Legal rights, etc.
Fort Gaines Reservation.
Bridge, etc., by Mo
Vol. 34, p. 10, re
Time of construc tion.