SEC. 14. That all contracts and purchases made for or on account stitution; how of the institution shall be made in the name of the board and by whomsoever the board may direct Contracts for in made. President of The president of the board shall be its executive officer, and it shall board to be execu- be his duty to make an annual report to the Attorney General, to be accompanied by the annual report of the superintendent and treas tive officer, &c. Trustees to make urer. SEC. 15. That the board of trustees may make such by-laws, rules, by-laws and regu- and regulations for their own and the government of the institution, its officers, employees, and inmates, as they may deem necessary and proper. lations. Consulting SEC. 16. That two consulting trustees shall be appointed, namely, trustees; how ap- one Senator of the United States, by the presiding officer of the Senpointed. ate, for the term of four years, and one member of the House of Representatives, by the Speaker thereof, for the term of two years. SEC. 17. That all acts and parts of acts incompatible with this act are hereby repealed. [May 3, 1876.] Repeal. May 5, 1876. 19 Stat. L., 52. Public lands, CHAP. 91.-An act to exclude the States of Missouri and Kansas from the provisions of the act of Congress entitled "An act to promote the development of the mining resources of the United States" approved May tenth eighteen hundred and seventy-two. (1) Be it enacted, &c., That within the States of Missouri and Kansas though mineral, deposits of coal, iron, lead, or other mineral be, and they are hereby, in Missouri and excluded from the operation of the act entitled "An act to promote Kansas may be disposed of as agrithe development of mining resources of the United States" approved cultural lands. May tenth, eighteen hundred and seventy-two and all lands in said States shall be subject to disposal as agricultural lands. [May 5, 1876.] R. S., SS 2319 2337. 1874, June 22, ch. 422, and note, ante, pp. 40, 41. 115 U. S., 403. NOTE. (1) The act of 1872, ch. 152 (17 Stat. L., 91), is incorporated into Revised Statutes in the sec tions noted in the margin. CHAP. 95.-An act to define the tax on fermented or malt liquors. Be it enacted, &c., That nothing contained in section three thousand three hundred and thirty-seven of the Revised Statutes of the United States shall be so construed as to authorize an assessment upon the quantity of materials used in producing or purchased for the purpose of producing, fermented or malt liquors, nor shall the quantity of materials so used or purchased be evidence, for the purpose of taxation, of the quantity of liquor produced; but the tax on all beer, lager-beer, ale, porter, or other similar fermented liquor, brewed or manufactured, and sold or removed for consumption or sale, shall be paid as provided in section three thousand three hundred and thirty-nine of said statutes, and not otherwise: Provided, That this act shall not apply to cases of fraud. And provided further, That nothing in this act shall have the effect to change the present rules of law respecting evidence in any prosecution or suit [May 13, 1876.] May 23, 1876. 19 Stat. L., 54. Monuments to be CHAP. 103.—An act relating to interments in the Congressional Cemetery. Be it enacted, &c., That hereafter whenever any deceased Senator erected to de- or Member of the House of Representatives shall be actually interred Senators in the Congressional Cemetery, so-called, it shall be the duty of the ceased Sergeant-at-Arms of the Senate, in the case of a Senator, and of the and RepresentaSergeant-at-Arms of the House of Representatives, in the case of a tives interred in Congressional member of the House, to have a monument erected, of granite, with Cemetery. suitable inscriptions, and the cost of the same shall be a charge upon 1848, July 25, ch. and paid out either from the contingent funds of the Senate or of 109, § 2 (9 Štat. L., the House of Representatives, to whichever the deceased may have 250). belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are hereby directed and authorized to be supplied in like manner, and all laws upon the subject of monuments in the Congressional Cemetery are hereby repealed. [May 23, 1876.] 1858, May 18, ch. 38, § 1 (11 Stat. L., 289). CHAP. 122.-An act transferring the custody of certain Indian trust-funds. June 10, 1876. 19 Stat. L., 58. Treasurer of U. Be it enacted, &c., That all stocks, bonds, or other securities or evidences of indebtedness now held by the Secretary of the Interior S. to be custodian in trust for the benefit of certain Indian tribes shall, within thirty of Indian trust sedays from the passage of this act, be transferred to the Treasurer of curities. the United States, who shall become the custodian thereof; R. S., § 3659. 1880, April 1, ch. 41, post, p. 279. to collect inter And it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, &c., and deposit the same in the est and issue cerTreasury of the United States, and to issue certificates of deposit tificates of deposit. therefor, in favor of the Secretary of the Interior, as trustees for various Indian tribes. R. S., SS 2095 And the Treasurer of the United States shall also become the to make future custodian of all bonds and stocks which may be purchased for the purchases and benefit of any Indian tribe or tribes after the transfer of funds sales. herein authorized, and shall make all purchases and sales of bonds 2097, 3659. and stocks authorized by treaty-stipulations or by acts of Congress when requested so to do by the Secretary of the Interior: Provided, That nothing in this act shall in any manner impair or without affectaffect the supervisory and appellate powers and duties in regard to ing supervisory Indian affairs which may now be vested in the Secretary of the powers of SecreInterior as trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as herein before mentioned. [June 10, 1876.] tary of Interior. CHAP. 136.-An act relating to the execution of custom-house bonds. June 20, 1876. 18 Stat. L., 60. Bonds of part ment of customs Be it enacted, &c., That when any bond is required by law to be executed by any firm or partnership for the payment of duties upon nerships for paygoods, wares or merchandise, imported into the United States by duties how execusuch firm or partnership, the execution of such bond by any mem- cuted. ber of such firm or partnership, in the name of said firm or partner- R. S., SS 2776ship, shall bind the other members or partners thereof, in like man- 2778, 2825, 2842, ner and to the same extent, as if such other members or partners 2925. had personally executed the same. And any action or suit may be instituted on such bond against all 1890, June 10, the members or partners of such firm, as if all of the members or ch. 407, § 4, post, partners had executed the same. [June 20, 1876.] p. 745. CHAP. 137.-An act establishing Cheboygan, in the State of Michigan, a port of delivery. June 20, 1876, 19 Stat. L., 60. Cheboygan Be it enacted, &c., That Cheboygan, in the State of Michigan, made port of debeing within the collection district of Michigan, be, and the same livery, instead of hereby is, declared a port of delivery instead of Duncan City; and Duncan City. par. 1. R. S., § 2599, the office of deputy collector now located at Duncan City be, and the same is hereby, removed to Cheboygan. And all acts and parts of acts declaring Duncan City a port of entry are hereby repealed.. [June 20, 1876.] June 26, 1876. 19 Stat. L., 61. Army assistant surgeons. R. S., § 1168. Medical storekeepers abolished. Additional grades of sur geons established. R. S.. § 1168. 1874, June 23, ch. 458, § 4, ante, p. 45. CHAP. 146.-An act to reduce the number and increase the efficiency of the Medical Corps of the United States Army. Be it enacted, &c., That the number of assistant surgeons now allowed by law shall be reduced to one hundred and twenty-five; That the office of medical storekeeper is hereby abolished; That from and after the passage of this act, in addition to the grades now allowed by law, there shall be four surgeons with the rank, pay, and emoluments of colonel; eight surgeons with the rank, pay, and emoluments of lieutenant-colonels, to be promoted by seniority from the medical officers of the Army; That this shall not be construed to deprive any medical officer or storekeeper now in office of his commission in the United States Army. June 26, 1876.] June 26, 1876. 19 Stat. L., 61. Colorado subject to laws of United States. 1875, March 3, ch. 139, ante, p.86. 4 Dillon, 251. 4 Fed. Rep., 786. 104 U. S., 621. -to constitute a shal, and district attorney. CHAP. 147.- An act to further the administration of justice in the State of Colorado. Be it enacted, &c., That when the State of Colorado shall be admitted into the Union, according to the provisions of the act entitled "An act to enable the people of Colorado to form a constitution and State government, and for the admission of said State into the Union on an equal footing with the original States," approved March third, eighteen hundred and seventy-five, (1) the laws of the United States. not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States; And said State shall constitute one judicial district, to be called the judicial district, district of Colorado; and for said district a district judge and a with a judge, mar- marshal and a district attorney of the United States shall be appointed by the President, by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for similar officers in the other States, except as herein otherwise provided: R. S., § 530. -part of eighth judicial circuit. R. S., § 604. Jurisdiction of courts in. * * And said district of Colorado shall be attached to, and constitute a part of, the eighth judicial circuit; [Omitted lines superseded 1880, April 20, ch. 58, post, p. 281, and 1886, August 3, ch. 848, post, p. 510.] SEC. 2. That the circuit and district courts for the district of Colocircuit and district rado, and the judges thereof respectively, shall possess the same R. S., 563, 629, Powers and jurisdiction, and perform the same duties possessed and 1891, March 3, required to be performed by the other circuit and district courts and ch.517,post,p.901. judges of the United States, and shall be governed by the same laws and regulations. Marshal, district attorney, clerk of courts, and other in. courts SEC. 3. [Superseded 1891, Feb. 24, ch. 287, post, p. 896.] SEC. 4. That the marshal, district attorney, and the clerk of the circuit and district courts of said district of Colorado, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties R., S. 555, 619. lawfully possessed and required to be performed by similar officers 627, 776, 824-829. in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to NOTE. (1) The President issued his proclamation August 1, 1876, No. 6, declaring the admission of Colorado as a State into the Union. 19 Stat. L., 665. other similar officers and persons performing similar duties by the CHAP. 156.-An act authorizing the appointment of receivers of national banks, and for other purposes. (1) June 30, 1876. 19 Stat. L.,6 Receiver may be ,63. national bank vio any provi a Be it enacted, &c., That whenever any national banking association shall be dissolved, and its rights, privileges, and franchises de- appointed wher clared forfeited, as prescribed in section fifty-two hundred and thirty- lates nine of the Revised Statutes of the United States, or whenever any sion of law or negcreditor of any national banking association shall have obtained a lects for thirty judgment against it in any court of record, and made application, days to pay accompanied by a certificate from the clerk of the court stating that judgment, or besuch judgment has been rendered and has remained unpaid for the R. S., S 5234, space of thirty days, or whenever the Comptroller shall become sat- 5239. isfied of the insolvency of a national banking association, he may, after due examination of its affairs, in either case, appoint a receiver who shall proceed to close up such association, and enforce the personal liability of the shareholders, as provided in section fifty-two hundred and thirty-four of said statutes. comes insolvent. 17 Wall. 19. 107 U. S., 445. 121 U.S., 49. 123 U. S., 297. 1886, Mar. 29, ch. 28, post, p. 488. Individual lia 5220. 10 Fed. Rep., 237. ors, &c., stock SEC. 2. That when any national banking association shall have gone into liquidation under the provisions of section five thousand bility of shareholdtwo hundred and twenty of said statutes, the individual liability of ers in case of liquithe shareholders provided for by section fifty-one hundred and fifty- forced. dation; how enone of said statutes may be enforced by any creditor of such asso- R. S., §§ 5151, ciation, by bill in equity, in the nature of a creditor's bill, brought by such creditor on behalf of himself and of all other creditors of the association, against the shareholders thereof, in any court of the United States having original jurisdiction in equity for the district in which such association may have been located or established. SEC. 3. That whenever any association shall have been or shall be When bank in placed in the hands of a receiver, as provided in section fifty two hands of receiver hundred and thirty-four and other sections of said statutes, and has paid all creditwhen, as provided in section fifty-two hundred and thirty-six thereof, holders may elect the Comptroller shall have paid to each and every creditor of such agent to manage association, not including shareholders who are creditors of such its affairs, and efassociation, whose claim or claims as such creditor shall have been fects of bank to be proved or allowed as therein prescribed, the full amount of such turned over to claims and all expenses of the receivership, and the redemption of R. S., §§ 5141, the circulating notes of such association shall have been provided 5191, 5194, 5201, for by depositing lawful money of the United States with the Treas- 5234, 5236. urer of the United States, the Comptroller of the Currency shall call a meeting of the shareholders of such association by giving notice thereof for thirty days in a newspaper published in the town, city, or county where the business of such association was carried on, or if no newspaper is there published, in the newspaper published nearest thereto, at which meeting the shareholders shall elect an agent, voting by ballot, in person or by proxy, each share of stock entitling the holder to one vote; And when such agent shall have received votes representing at least a majority of the stock in value and number of shares, and when any of the shareholders of the association shall have executed and filed a bond to the satisfaction of the Comptroller of the Currency, conditioned for the payment and discharge in full of any and every claim that may hereafter be proved and allowed against such association by and before a competent court, and for the faithful NOTE. (1) For summary of laws relating to national banks, see note to 1882, July 12, ch. 290, § 4, post, p. 354. him. Powers of agent. 36 Fed. 277. Votes for agent on shares of deceased owners; how given. Sale of stock of shareholders re- Disbursing officers and bank officers to stamp counterfeit, altered, and worthless notes. performance and discharge of all and singular the duties of such trust, the Comptroller and the receiver shall thereupon transfer and deliver to such agent all the undivided or uncollected or other assets and property of such association then remaining in the hands or subject to the order or control of said Comptroller and said receiver, or either of them; And for this purpose, said Comptroller and said receiver are hereby severally empowered to execute any deed, assignment, transfer, or other instrument in writing that may be necessary and proper; whereupon the said Comptroller and the said receiver shall, by virtue of this act, be discharged and released from any and all liabilities to such associations, and to each and all of the creditors and shareholders thereof; And such agent is hereby authorized to sell, compromise, or compound the debts due to such association upon the order of a competent court of record or of the United States circuit court for the district where the business of the association was carried on. Such agent shall hold, control, and dispose of the assets and property of any association which he may receive as herein before provided for the benefit of the shareholders of such association as they, or a majority of them in value or number of shares may direct, distributing such assets and property among such shareholders in proportion to the shares held by each; and he may, in his own name or in the name of such association, sue and be sued, and do all other lawful acts and things necessary to finally settle and distribute the assets and property in his hands. In selecting an agent as herein before provided, administrators or executors of deceased shareholders may act and sign as the decedent might have done if living, and guardians may so act and sign for their ward or wards. SEC. 4. That the last clause of section fifty-two hundred and five of said statutes is hereby amended by adding to the said section the following proviso: (1) "And provided, That if any shareholder or shareholders of such bank shall neglect or refuse, after three months' notice, to pay the assessments, as provided in this section, it shall be the duty of the board of directors to cause a sufficient amount of the capital stock of such shareholder or shareholders to be sold at public auction (after thirty days' notice shall be given by posting such notice of sale in the office of the bank, and by publishing such notice in a newspaper of the city or town in which the bank is located, or in a newspaper published nearest thereto,) to make good the deficiency, and the balance, if any, shall be returned to such delinquent shareholder or shareholders. 66 SEC 5. That all United States officers charged with the receipt or disbursement of public moneys, and all officers of national banks, shall stamp or write in plain letters the word "counterfeit" "altered" or worthless," upon all fraudulent notes issued in the form of, and intended to circulate as money, which shall be presented at their places of business; and if such officers shall wrongfully stamp any genuine note of the United States, or of the national banks, they shall, upon presentation, redeem such notes at the face value thereof. Savings and SEC. 6. That all savings-banks or savings and trust companies trust companies organized under authority of any act of Congress shall be, and are under United hereby, required to make, to the Comptroller of the Currency, and make and publish publish, all the reports which national banking-associations are required to make and publish under the provisions of sections fifty two hundred and eleven, fifty-two hundred and twelve and fifty two hundred and thirteen, of the Revised Statutes, and shall be subject to the same penalties for failure to make or publish such reports as are therein provided; which penalty may be collected by suit before States laws to reports. R. S., §§ 5211 5213. 1890, Oct. 1, ch. 1246, post, p. 870. NOTE.-(1) This provision has been added to § 5205 in the second edition of the Revised Statutes. |