Page:Federal Reporter, 1st Series, Volume 9.djvu/384

TJNITBD STATES V. FBBNCH. 369 �granting lands to the territory or future state of Minnesota to aid in the construction of railroads, and subsequent acts, disposing of those lands for that purpose, passed by the legislature of the state March 8, 1861, and March 4, 1864. �CONCLUSIONS. �1. The state of Minnesota was admitted into the Union May 11, 1858, and the title under the swamp-land act did not take effect until the date of this act of a^mission^ �2. The title to the land in controversy was in the TJnited States at the time of the passage of the act granting lands to the territory or future state of Minnesota for the construction of railroads, approved March 3, 1857, and thereis nothing in the acts of congress of Sep- tember 28, ,1850, which prevented congress from granting this land for that purpose. �3. The land was not reserved out of that grant by any of the pro- visions embodied in the act of March 3, 1867, but is located within the limits prescribed therein, and enured to the complainant's benefit, and the title became vested in it by virtue of the aots of the legislature of the state of Minnesota, approved March 8, 1861, and March 4, 1864. �The complainants are, therefore, entitled to a decree, and it is so ordered. MoCbabt, g. J., concurred. ���United States v. Ebench.** [OireuAt Court, E. D, Penniylvania. October 7, 1881.) , �1. Dischakob of Beamen— When not Requirkd to bb in Pkbsence of Ship- �PING COMMISSIONER — ReVISHD StATUTES. �Section 4549, Rev. St., which requires that the discharge of seamen should, in certain cases, be made in the presence of a shipping commissioner, is qual- ifled by the language of section 4504, and does not apply to a vessel which has been engaged in a voyage to the West India islands. �This was an action against the master of a vessel to recover the penalty prescribed by section 4549, Eev. St., for the discharge of a seaman without going before a shipping commissioner. On the trial (before Bradley and McKennan, JJ.) plaintiff proved that the defend- ant was the master of the American schooner Dora M. French ; that �*Reported by Frank P. Prichard, Bsq., of the Philadelphia bar. y.9,no.6— 24 ��� �