banks in District of Co any court of the United States in the district in which said savings Savings banks or savings and trust companies may be located And all savings or other banks now organized, or which shall lumbia to be subject to national hereafter be organized, in the District of Columbia, under any act banking laws. of Congress, which shall have capital stock paid up in whole or in R. S., §§ 5133part, shall be subject to all the provisions of the Revised Statutes, 5243. R. S. of D. C., and of all acts of Congress applicable to national banking associations, so far as the same may be applicable to such savings or other 2 Mackey (D. C.), § 553. banks: Provided, That such savings banks now established shall not be required to have a paid-in capital exceeding one hundred thousand dollars. [June 30, 1876.] CHAP. 159.-An act making appropriations for the naval service for the year ending June thirtieth, eighteen hundred and seventy-seven, and for other purposes. 473. June 30, 1876. 19 Stat. L., 65. mile. Be it enacted, &c., * * [Par. 1.] And so much of the (1) act of In Navy, mileage June sixteenth, one thousand eight hundred and seventy-four, allowed to officers making appropriations for the support of the Army for the fiscal at eight cents a year ending June thirtieth, one thousand eight hundred and seventy- R. S., 1566. five, and for other purposes, as provides that only actual traveling 1875, March 3, expenses shall be allowed to any person holding employment or ch. 133, par. 1, and appointment under the United States while engaged on public busi- note, ante, p. 81. ness, as is applicable to officers of the Navy so engaged, is hereby 1882, Aug. 5, ch. repealed; 391, par. 5. post, And the sum of eight cents per mile shall be allowed such officers P.377, 14 C. Cls., while so engaged, in lieu of their actual expenses. 516. 22 C. Cls., 131, 133, 293. 105 U.S., 87. 124 U.S., [Par. 2.] And no increase of the force at any navy-yard shall be made at any time within sixty days next before any election to take yards not to be increased within place for President of the United States, or members of Congress, sixty days before except when the Secretary of the Navy shall certify that the needs election, except, of the public service make such increase necessary at that time &c. which certificate shall be immediately published when made. [June 30, 1876.] * * * * NOTE. (1) The provision in the act of 1874, June 16, ch. 285 (18 Stat. L.. 72), herein referred to, was repeated, with some changes, in 1875, March 3, ch. 133, par. 1, ante, p. 81. It is therefore omitted from this volume and the latter act included. See note on mileage, appended to the latter act. 380. 19 C. Cls., 291, 509, 511, 514, 306, 128 U. S., 472. Force at navy R. S., SS 1543, 1544. CHAP. 165.-An act to repeal section two thousand three hundred and three of the Revised Statutes of the United States, making restrictions in the disposition of the public lands in the States of Alabama, Mississippi, Louisiana, Arkansas and Florida, and for other purposes. (1) July 4, 1876. 19 Stat. L., 73. Public lands in Be it enacted, &c., That section two thousand three hundred and three of the Revised Statutes of the United States, confining the dis- Alabama, Missisposal of the public lands in the States of Alabama, Mississippi, Arkansas, and sippi, Louisiana, Louisiana, Arkansas, and Florida to the provisions of the home- Florida how to be stead law, be, and the same is hereby, repealed: (1) disposed of. Repeal of R. S., § 2303. 1891, March 3, Provided, That the repeal of said section shall not have the effect to impair the right, complete or inchoate, of any homestead settler, and no land occupied by such settler at the time this act shall take ch. 561, § 4, post, effect, shall be subject to entry, pre-emption, or sale: p. 942. And provided, (2) That the public lands affected by this act, shall to be sold at be offered at public sale, as soon as practicable from time to time, and public sale. according to the provisions of existing law, and shall not be subject to private entry until they are so offered. [Became a law without approval of President July 4, 1876.] NOTES. (1) This act is incorporated into § 2303 of the second edition of the Revised Statutes. (2) This last proviso would seem to be repealed by 1891, March 3, ch. 561, § 9, post, p. 943. duced. CHAP. 179.—An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven, and for other purposes. * * July 12, 1876. 19 Stat. L., 78. Compensation Be it enacted, &c. That the Postmaster General be, and he to railroads for is hereby, authorized and directed to readjust the compensation to carrying mail re- be paid from and after the first day of July, eighteen hundred and R. S., § 4002. seventy-six, for transportation of mails on railroad-routes by redu1878, June 17, cing the compensation to all railroad companies for the transportation ch. 259, par. 3, of mails ten per centum per annum from the rates fixed and allowed post. p. 187. 15 Opins. 169,182, by the first section of an act entitled "An act making appropriations 482, 610. 16 Opins. for the service of the Post-Office Department for the fiscal year end196. 20 C. Cls. 38, ing June thirtieth, eighteen hundred and seventy-four, and for other 104 U. S., 680, 687. purposes," approved March third, eighteen hundred and seventy118 U. S. 629. three, (1) for the transportation of mails on the basis of the average weight. 129 U. S., 391. Report of Sixth Auditor; what to show, etc. 7. R. S., § 277, par. 1890, Sept. 30, ch. 1126, par. 2, post, p. 811. Repeal of * * SEC. 4. That the annual reports of the Auditor of the Treasury for the Post-Office Department to the Postmaster General shall show the financial condition of the Post-Office Department at the close of each fiscal year, and be made a part of the Postmaster-General's annual report to Congress for that fiscal year. That section eleven of the act approved June twenty-third, eighteen 1874, June 23, hundred and seventy-four, be, and is hereby, repealed, and that the following be enacted in lieu thereof. ch. 456, 11 (18 Stat. L., 233). Postmasters to be divided into four classes. R. S., § 3852. 1883, March 3, ch. 142, post, p.417. Postmasters; ap SEC. 5. That the postmasters shall be divided into four classes, as follows: The first class shall embrace all those whose annual salaries are three thousand dollars or more than three thousand dollars; The second class shall embrace all those whose annual salaries are less than three thousand dollars, but not less than two thousand dollars: The third class shall embrace all those whose annual salaries are less than two thousand dollars, but not less than one thousand dollars; The fourth class shall embrace all postmasters whose annual compensation, exclusive of their commissions on the money-order business of their offices, amounts to less than one thousand dollars. SEC. 6. Postmasters of the first, second, and third classes shall be pointment, re- appointed and may be removed by the President by and with the admoval, and term vice and consent of the Senate, and shall hold their offices for four of office of. R. S., § 3830. years unless sooner removed or suspended according to law; and postmasters of the fourth class shall be appointed and may be removed by the Postmaster-General, by whom all appointments and removals shall be notified to the Auditor for the Post-Office Department. Land-grant rail- SEC. 13. That rail-road-companies whose railroad was constructed roads to receive in whole or in part by a land-grant made by Congress on the condiless than other tion that the mails should be transported over their road at such price R. S., § 4002. as Congress should by law direct shall receive only eighty per cen1878, June 17,ch. tum of the compensation authorized by this act. roads. 259, par. 3, post, p. 187. 18 C. Cls. 131, 213, 21 C. Cls. 155, 25 C. Cls. 30,46. Sale of stamped SEC. 14. No stamped envelopes or newspaper wrappers shall be sold envelopes and by the Post-Office Department at less (in addition to the legal postR. S., 3914-3917. age) than the cost, including all salaries, clerk-hire, and other expenses connected therewith. wrappers. Addresses on SEC. 15. * *And addresses upon postal cards and unsealed cirpostal cards and culars may be either written, printed, or affixed thereto, at the option of the sender. circulars. Repeal. SEC. 16. That all acts or parts of acts in conflict with the provisions of this act are hereby repealed. [July 12, 1876.] NOTE.-(1) The provisions of the act of 1873, ch. 231, § 1 (17 Stat. L., 556) here referred to, are incorporated into Revised Statutes, § 4002. CHAP. 180.—An act for the support of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven, and for other purposes. July 12, 1876. 19 Stat. L., 83. Laws of Wash extended over Dis Be it enacted, &c. ** SEC. 18. That all laws and ordinances now in force in the city of Washington, relating to the payment and col- ington relating to lection of water-taxes, water-rents, and taxation for water-mains be, water-taxes, &c., and they are hereby, extended to and made operative over all parts trict. of the District of Columbia where water taken from the United States R. S. of D. C., SS aqueduct is used, and said taxes and rents shall be payable and col- 195-221. lectible therein in the same manner and at the same rate as in the 1879, June 10, city of Washington for the year beginning January first eighteen ch. 16, post, p. 264. 1882, July 15, ch. hundred and seventy-six, and for each subsequent year. 294.3.post.p.358. par. 8, post, p. 477. Act of legislative assembly levying 1885, Feb. 25, ch. 145, SEC. 19. That the twenty-third section of the act of the legislative assembly of the District of Columbia, entitled "An act imposing a license on trades, business, and professions practiced or carried on in the District of Columbia," approved August twenty third, eighteen hundred and seventy-one, clauses twenty and thirty-five of the twenty-first section of said act, and clause sixteen of said twentyfirst section of said act as amended by the act amendatory thereof, approved June twenty, eighteen hundred and seventy-two, and all other laws and acts, or parts thereof, inconsistent herewith, be, and the same are hereby, repealed. (1) [July 12, 1876.] NOTE. (1) The sections of the acts of the legislative assembly of the District of Columbia repealed by this act fixed the rate of taxation on personal property in the District at seventy cents on a hundred dollars, provided that the tax on bonds and other securities should not exceed five per cent. of the income thereof. They also levied a license-tax on dealers in merchandise of four dollars on each thousand dollars of capital invested; a license-tax of twenty dollars on photographers, and a licensetax of two and four dollars on certain carts, wagons, &c. certain licensetaxes, &c., re pealed. 129 U.S., 141. July 12, 1876. 19 Stat. L., 88. Designation of penitentiaries by Attorney-General for convicts in CHAP. 183.-An act to amend section fifty-five hundred and forty-six of the Revised Statutes of the United States providing for imprisonment and transfer of United States prisoners. (1) Be it enacted, &c., That section fifty-five hundred and forty-six of the Revised Statutes of the United States be amended so as to be read as follows: (1) "SEC. 5546. All persons who have been, or who may hereafter be, United States convicted of crime by any court of the United States whose punishment is imprisonment in a District or Territory where, at the time of conviction, or at any time during the term of imprisonment, there may be no penitentiary or jail suitable for the confinement of convicts or available therefor, shall be confined during the term for which they have been or may be sentenced, or during the residue of said term, in some suitable jail or penitentiary in a convenient State or Territory, to be designated by the Attorney-General, and shall be transported and delivered to the warden or keeper of such jail or penitentiary by the marshal of the District or Territory where the conviction has occurred: courts; transpor- 18 Fed. Rep., 35. And if the conviction be had in the District of Columbia, the Convicts in Distransportation and delivery shall be by the warden of the jail of that trict of Columbia, District; the reasonable actual expense of transportation, necessary how transported. subsistence, and hire and transportation of guards and the marshal, Convicts may be confined in jail or the warden of the jail in the District of Columbia, only, to be paid by the Attorney-General, out of the judiciary fund. But if, in the opinion of the Attorney-General, the expense of transportation from any State, Territory or the District of Columbia, when transportain which there is no penitentiary, will exceed the cost of maintain- tion would exceed ing them in jail in the State, Territory, or the District of Columbia cost of mainteduring the period of their sentence, then it shall be lawful so to con- nance. fine them therein for the period designated in their respective sen tences. NOTE.-(1) This amendment is incorporated into § 5546 of the Revised Statutes, in the second edition. Place of impris changed. And the place of imprisonment may be changed in any case, when, onment may be in the opinion of the Attorney-General, it is necessary for the preservation of the health of the prisoner, or when, in his opinion, the place of confinement is not sufficient to secure the custody of the prisoner, or because of cruel or improper treatment: Provided, however, That no change shall be made in the case of any prisoner on the ground of the unhealthiness of the prisoner, or because of his treatment, after his conviction and during his term of imprisonment, unless such change shall be applied for by such prisoner, or some one in his behalf." [July 12, 1876.] July 12, 1876. 19 Stat. L., 90. Vessels in coast River, &c., above CHAP. 185.-An act to exempt vessels engaged in navigating the Mississippi River and its tributaries above the Port of New Orleans from entries and clearances. (1) Be it enacted, &c., That the provisions of sections forty-three ing-trade navigat- hundred and forty-nine, forty-three hundred and fifty, forty-three ing Mississippi hundred and fifty-one, forty-three hundred and fifty-two, forty-three New Orleans, hundred and fifty-three, forty-three hundred and fifty-four, fortyladen with im- three hundred and fifty-five, and forty-three hundred and fifty-six ported goods or of the Revised Statutes, requiring the master of every vessel licensed spirits, exen pt to carry on the coasting-trade, laden in part with foreign merchanfrom procuring dise or distilled spirits, to procure a permit from the customs' officer permit to proceed and to unlade. of the port at which his vessel was laden, authorizing him to proR. S., SS 4349- ceed to his port of destination, and also to procure a permit from the 4356. port of destination for the unlading of his cargo, shall not be held to include vessels engaged in the navigation of the Mississippi River or tributaries above the port of New Orleans. [July 12, 1876.] NOTE. (1) This act is printed in the second edition of the Revised Statutes after § 4349. July 19, 1876. 19 Stat. L., 91. CHAP. 212.-An act relating to the approval of bills in the Territory of Arizona. Bills passed by Be it enacted, &c., That every bill which shall have passed the legislature of Ari- legislative council and house of representatives of the Territory of zona to be ap- Arizona shall, before it becomes a law, be presented to the proved by gov ernor or passed by of the Territory; governor two-thirds vote on If he approve it, he shall sign it, but if he do not approve it, he reconsideration. shall return it, with his objections, to the house in which it origiR. S., § 1841, nated, who shall enter the objections at large upon their journal, and proceed to reconsider it. 1842. to become laws if not returned by governor in ten days. Effect of laws. If after such reconsideration, two thirds of that house shall pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house it shall become a law, the governor's objection to the contrary notwithstanding; but in such case, the votes of both houses shall be determined by yeas and nays, and be entered upon the journal of each house respectively. And if the governor shall not return any bill presented to him for approval, after its passage by both houses of the legislative assembly within ten days (Sundays excepted) after such presentation, the same shall become a law, in like manner as if the governor had approved it: Provided, however, That the assembly shall not have adjourned sine die during the ten days prescribed as above, in which case it shall not become a law: And provided further, That acts so becoming laws as aforesaid shall have the same force and effect and no other, as other laws passed by the Legislature of said Territory. [July 19, 1876.] CHAP. 222.—An act establishing the rank of the Paymaster-General. Be it enacted, &., That from and after the passage of this act, the rank of the Paymaster-General of the United States Army shall be brigadier-general; but no pay or allowances shall be made to said officer other than from the date of appointment under this act. [July 22, 1876.] July 22, 1876. 19 Stat. L., 95. eral of Army to Paymaster-Genrank as brigadiergeneral. R. S., § 1182. CHAP. 226.-An act making appropriations for the support of the Army for the fiscal year R. S., SS 4870-4882. 1879, Feb. 3, SEC. 2. That when any officer (2) travels under orders, and is not furnished transportation by the Quartermaster's Department, or on a conveyance belonging to or chartered by the United States, or on any railroad on which the troops and supplies of the United States are entitled to be transported free of charge he shall be allowed eight cents a mile, and no more, for each mile actually traveled under such order, distances to be calculated by the shortest usually traveled route; and so much of section twelve hundred and seventy-three of the Revised Statutes, or of any act as conflicts with the provisions of this section, is hereby repealed; * * Post-traders to SEC. 3. That every military post may have one trader, to be appointed by the Secretary of War, on the recommendation of the be appointed; one council of administration, approved by the commanding officer who at each military shall be subject in all respects to the rules and regulations for the post, &c. government of the Army. * ** [July 24, 1876.] NOTES. (1) In the second edition of the Revised Statutes section 4876 is printed in italics as repealed. (2) For laws as to mileage of Army officers, see notes to 1875, March 3, ch. 133, par. 1, ante, p. 81, and 1890, June 23, ch. 423, par. 1, post, p. 756. 15 Opins., 278. 16 Opins., 658. CHAP. 239.-An act to amend an act approved May eight, eighteen hundred and seventyfour, in regard to leave of absence of Army officers. Be it enacted, &c., That an (1) act approved May eighth, eighteen hundred and seventy-four, in regard to leave of absence of Army officers, be and the same is hereby, so amended that all officers on duty shall be allowed in the discretion of the Secretary of War, sixty days' leave of absence without deduction of pay or allowance: Provided, That the same be taken once in two years: And provided further, That the leave of absence may be extended to three months, if taken once only in three years, or four months if taken only once in four years. This act shall take effect from and after its passage. [July 29, 1876.] NOTE. (1) The act of 1874, May 8, ch. 154 (18 Stat. L., 43), herein referred to is as follows: Be it enacted, &c., That all officers on duty at any point west of a line drawn north and south through Omaha City, and north of a line drawn east and west upon the southern boundary of Arizona, shall be allowed sixty days' leave of absence without deduction of pay or allowances: Provided, That the same is taken but once in two years: And provided further, That the leave of absence may be extended to three months if taken once only in three years; or four months, if taken once only in four years. Being wholly superseded by the above act, this is omitted from its order but is inserted here for a complete understanding of the above. SUP R S -8 |