news agent who distributes any of such newspapers or periodical publications under the provisions of this act, or employee of such publisher or news agent, stating that he will not send, or knowingly permit to be sent, through the mails any copy or copies of such newspaper or periodical publications except to regular subscribers thereto, or news agents, without prepayment of the postage thereon at the rate of one cent for each two ounces or fractional part thereof; Penalty for de- And if such publisher or news agent, or employee of such pubpositing matter in lisher or news agent, when required by the Postmaster General or making affidavit. any special agent of the Post-Office Department to make such affi1888, June 18, davit, shall refuse so to do, and shall thereafter, without having ch. 394, § 1, post, made such affidavit deposit any newspapers in the mail for transp. 593. mission, he shall be deemed guilty of a misdemeanor, and on conviction, shall be fined not exceeding one thousand dollars for each refusal; office without -for mailing such matter. -for postmasters to be mailed. And if any such person shall knowingly and willfully mail any such matter without the payment of postage as provided by this act, or procure the same to be done with the intent to avoid the prepayment of postage due thereon; Or if any postmaster or post-office official shall knowingly permit permitting same any such matter to be mailed without prepayment of postage as provided in this act, and in violation of the provisions of the same, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one thousand dollars, or imprisoned not exceeding one year, one or both, in the discretion of the court. Changes here made to take ef fect Jan. 1, 1875. be accompanied by bond of bidder, &c. Substitute for. 3947. SEC. 10. That so much of this act as changes the rate of postage the first day of January next. on newspapers and periodical publications shall not take effect until SEC. 11. [Superseded by 1879, March 3, ch. 180, §§ 11, 17, 25, post, pp. 246, 247, 249, and 1885, March 3, ch. 342, par. 4, post, p.483.] SEC. 12. That section two hundred and forty-five, section two hundred and forty-six section two hundred and forty-seven, section two hundred and fifty-one, and section two hundred and fifty-three of the act entitled (3) "An act to revise, consolidate, and amend the statutes relating to the Post Office Department, approved June eighth, eighteen hundred and seventy-two, be amended to read as follows: Proposals for "SEC. 245. That every proposal for carrying the mail shall be carrying mail to accompanied by the bond of the bidder, with sureties approved by a postmaster, and in cases where the amount of the bond exceeds five thousand dollars, by a postmaster of the first, second, or third class, in a sum to be designated by the Postmaster-General in the adverR. S. $ 3945- tisement of each route; to which bond a condition shall be annexed, that if the said bidder shall, within such time after his bid is accepted as the Postmaster-General shall prescribe, enter into a contract with the United States of America, with good and sufficient sureties, to be approved by the Postmaster-General, to perform the service proposed in his said bid, and, further, that he shall perform the said service according to his contract, then the said obligation to be void, otherwise to be in full force and obligation in law; and in case of failure of any bidder to enter into such contract to perform the service, or, having executed a contract, in case of failure to perform the service, according to his contract, he and his sureties shall be liable for the amount of said bond as liquidated damages, to be recovered in an action of debt on the said bond. -not to be consid and oath. No proposal shall be considered unless it shall be accompanied by ered unless accom- such bond, and there shall have been affixed to said proposal the oath panied by bond of the bidder, taken before an officer qualified to administer oaths, that he has the ability, pecuniarily, to fulfill his obligations, and that the bid is made in good faith, and with the intention to enter into contract and perform the service in case his bid is accepted." "SEC. 246. [For substitute see 1876, Aug. 11, ch. 260, post, p. 116.] NOTE. (3) The several provisions of the act of 1872, ch. 335 (17 Stat. L., 283), referred to in this act, are incorporated into the Revised Statutes in the sections noted in the margin. R. S., § 3947. "SEC. 247. That any postmaster who shall affix his signature to the Penalty for post approval of any bond of a bidder, or to the certificate of sufficiency master illegally of sureties in any contract before the said bond or contract is signed a approving bond, by the bidder or contractor and his sureties, or shall knowingly, or without the exercise of due diligence, approve any bond of a bidder with insufficient sureties, or shall knowingly make any false or fraudulent certificate, shall be forthwith dismissed from office, and be thereafter disqualified from holding the office of postmaster, and shall also be deemed guilty of a misdemeanor, and, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or both." "SEC. 251. [For substitute see 1876, Aug. 11, ch. 260, post, p. 116.] "SEC. 253. [Expressly repealed by 1890, Sept. 30, ch. 1123, post, p. 810.] SEC. 13. * * That the postage on each copy of the daily Congressional Record mailed from the city of Washington as transient matter shall be one cent. [June 23, 1874.] CHAP. 458.—An act reorganizing the several staff corps of the Army. Postage on Congressional Record. 1874, June 20, Res. No. 12, and note, post, p. 56. 1875, Mar. 3, ch. 128, § 5, post, p.70. June 23, 1874. Be it enacted &c. [Section 1 is superseded by 1885, Feb. 5, ch. 50, 18 Stat. L., 244. post, p. 473. SEC. 2. [Superseded by 1884, July 5, ch. 218, post, p. 457.] SEC. 3. That hereafter there shall be three assistant commissaries- Three assistant general of subsistence, with the rank, pay, and emoluments of lieu- commissaries-gentenant-colonel, instead of the two now allowed by law of said grade eral. in the Subsistence Department; R. S., § 1140. Twelve commis That the number of commissaries of subsistence with the rank, pay, and emoluments of a captain of cavalry, is hereby reduced to saries. twelve, and no appointment to fill a vacancy in said grade shall be made until the number thereof shall be reduced to twelve, and the number thereafter shall remain fixed at twelve. SEC. 4. That the Medical Department of the Army shall hereafter Medical Departconsist of one Surgeon-General, with the rank, pay, and emoluments ment; Surgeonof a brigadier-general; one assistant surgeon-general, and one chief General and other medical purveyor, each with the rank, pay, and emoluments of a officers, their rank and pay. colonel; and two assistant medical purveyors, with the rank, pay, R. S., § 1168and emoluments of lieutenant-colonels, who shall give the same 1174. bonds which are or may be required of assistant paymasters-general 1876, June 26, of like grade, and shall, when not acting as purveyors, be assignable to ch.146, post, p. 106. duty as surgeons by the President; fifty surgeons, with the rank, 1887, March 1, pay, and emoluments of majors; one hundred and fifty assistant ch. 311, post, p. surgeons, with the rank, pay, and emoluments of lieutenants of cavalry for the first five years' service, and with the rank, pay, and emoluments of captains of cavalry after five years' service; and four medical store-keepers, with the same compensation as is now provided by law; And all the original vacancies in the grade of assistant surgeon shall be filled by selection by competitive examination; [Omitted part superseded by 1887, March 1, ch. 311, post, p. 549.] 549. -vacancies in of fice of assistant filled. Ordnance Department; officers SEC. 5. That the Ordnance Department shall consist of one Chief of Ordnance, with the rank, pay, and emoluments of a brigadier- of,their rank,pay, general; three colonels, four lieutenant-colonels, ten majors, twenty &c. captains, sixteen first lieutenants; and all vacancies which may R. S., SS 1159hereafter exist in the grade of first lieutenant in said Department 1167. shall be filled by transfer from the line of the Army: 1882, May 1, ch. 111, post, p. 338. Provided, That no appointment or promotion in said Department -examinations shall hereafter be made until the officer or person so appointed or for appointment promoted shall have passed a satisfactory examination before a board or promotion in. of ordnance-officers senior to himself. Vacancies in Officers now in SEC. 6. That no officer now in service shall be reduced in rank or service not reduc- mustered out by reason of any provision of law herein made reduced in rank, &c. ing the number of officers in any department or corps of the staff. SEC. 7. That as vacancies shall occur in any of the grades of the Ordnance and Ordnance and Medical Departments, no appointments shall be made Medical Departments not to be to fill the same until the numbers in such grade shall be reduced to filled until num- the numbers which are fixed for permanent appointments by the bers reduced, &c. provisions of this act; And thereafter the number of permanent officers in said grades shall continue to conform to said reduced numbers, and all other grades in said Ordnance and Medical Departments than those authorized by the provisions of this act shall cease to exist as soon as the same shall become vacant by death, resignation or otherwise; And no appointment or promotion shall hereafter be made to fill any vacancy which may occur therein. SEC. 8. That so much of section six of an act entitled (1) "An act making appropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy, and for other purposes," approved March third, eighteen hundred and sixty-nine, as applies to the Ordnance, Subsistence and Medical Departments of the Army be, and the same is hereby repealed: Provided, That this section repealing said section shall not apply to any of the grades of the Medical or Ordnance Departments which are omitted or abolished by the provisions of this act. [June 23, 1874.] NOTE. (1) The provisions of the act of 1869, ch. 124, § 6 (15 Stat. L., 318) here referred to, are incorporated into Revised Statutes, § 1159. The whole section is repealed by 1877, March 3, ch. 100, post, p. 134. June 23, 1874. 18 Stat. L., 250. lines, how pun ished. 5267. CHAP. 461.-An act to protect lines of telegraph constructed or used by the United States from malicious injury and obstruction. Wilful injury to Be it enacted, &c., That any person or persons who shall wilfully works of United or maliciously injure or destroy any of the works or property or maStates telegraph terial of any telegraphic line constructed and owned, or in process of construction, by the United States, or any that may be hereafter R. S., §§ 223, constructed and owned or occupied and controlled by the United States, or who shall wilfully or maliciously interfere in any way 1874, Feb. 4, ch. with the working or use of any such telegraphic line, or who shall 22: March 7, ch. wilfully or maliciously obstruct, hinder, or delay the transmission 1875, March 3, of any communication over any such telegraphic line, shall be ch. 130, par. 12, deemed guilty of a misdemeanor, and, on conviction thereof in any post, p. 74. district court of the United States having jurisdiction of the same, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or with imprisonment for a term not exceeding three years, or with both, in the discretion of the court. [June 23, 1874.] 50, ante, pp. 3, 5. 1883, March 3, ch. 143, par.3, post, p. 420. CHAP. 463.-An act to change the times of holding the circuit and district courts at the city of Evansville. Be it enacted, &c., That the terms of the circuit and district courts of the United States for the district of Indiana, which are provided by law to be holden at the city of Evansville, shall hereafter be held at that city on the first Mondays of April and October in each year. SEC. 2. [Relates to pending cases.] [June 23, 1874.] June 23, 1874. 18 Stat. L., 251. United States, CHAP. 464.-An act to protect persons of foreign birth against forcible constraint or involuntary servitude. Bringing into Be it enacted, &c., That whoever shall knowingly and wilfully &c., kidnapped bring into the United States, or the Territories thereof, any person inveigled or forcibly kidnapped in any other country, with intent to persons to hold to hold such person so inveigled or kidnapped in confinement or to any tude, how punishinvoluntary serviinvoluntary service, and whoever shall knowingly and wilfully sell, tude, how punishor cause to be sold, into any condition of involuntarily servitude, any R. S., SS 2161, other person for any term whatever, and every person who shall 5375, 5525. knowingly and wilfully hold to involuntary service any person so sold or bought, shall be deemed guilty of a felony, and, on conviction thereof be imprisoned for a term not exceeding five years and pay a fine not exceeding five thousand dollars. 17 Blatch., 423. 1 Fed. Rep.,676. -accessories,how SEC. 2. That every person who shall be accessory to any of the felonies herein declared, either before or after the fact, shall be deemed punished. guilty of a felony, and on conviction thereof be imprisoned for a term not exceeding five years and pay a fine not exceeding one thousand dollars. [June 23, 1874.] CHAP. 465.—An act to provide for the care and custody of persons convicted in the courts of the United States who have or may become insane while imprisoned. Be it enacted, &c. [For substitute for §1 see 1882, Aug. 7, ch. 433, par. 14, post, p. 382.] June 23, 1874. 18 Stat. L., 251. SEC. 2. That in all cases where any person convicted in a court of -Attorney-Genthe United States shall, while imprisoned under such conviction in eral may contract any State prison or penitentiary, become and be insane, and there with State asyshall not be accommodation for such insane person at the Insane lums for care of. R. S., §§ 4851, Asylum of the District of Columbia, or if for other reasons the Attor- 4852. ney-General is of opinion that such insane person should be placed at a State insane asylum rather than at said District Asylum, then the Attorney-General shall have power in his discretion to contract with any State insane or lunatic asylum, within the State in which such convict is imprisoned, for his care and custody while remaining so insane; And in all cases where such convicts shall have heretofore been, to compensate or shall hereafter be, transferred to a State asylum for insane con- asylums therefor. victs, in accordance with the laws of such State, the Attorney-General is hereby authorized and directed to compensate the said asylum, or the proper authorities controlling the same, for the care and custody of such insane convicts, until their removal or discharge, in such amounts as he shall deem just and reasonable; but no contract shall be made or compensation paid for the care of such insane person beyond their respective terms of imprisonment. Convicts restor SEC. 3. That whenever such insane convict shall be restored to sanity, after he or she shall have been transferred under the provi- ed to sanity to be sions of this act, he or she shall be returned to the prison or peniten- returned to prison. tiary from which the transfer was made, provided the term of imprisonment shall not have expired. termined. The questions of sanity in all cases arising under this act shall be Sanity, how dedetermined in accordance with the rules and regulations of existing laws, State or national, on that subject, applicable to the prison, penitentiary, or asylum where such convict shall be confined. [June 23, 1874.] CHAP. 468.-An act to amend the act entitled "An act to amend an act entitled 'An act to June 23, 1874. establish a court for the investigation of claims against the United States,"" approved 18 Stat. L., 252. August 6th, 1856. (1) Be it enacted, &c., That any three judges of the Court of Claims shall constitute a quorum; Provided, That the concurrence of three judges shall be necessary to the decision of any case. [June 23, 1874.] NOTE. (1) The provisions of the act of 1856, ch. 81, § 1, (11 Stat. L., 30) are incorporated in R. S., § 1052. Quorum of Court of Claims, &c. R. S., § 1052. June 23, 1874. CHAP. 469.-An act in relation to courts and judicial officers in the Territory of Utah. 18 Stat. L., 253. In Utah, marshal Be it enacted, &c., That it shall be the duty of the United States to attend all ses- marshal of the Territory of Utah, in person or by deputy, to attend sions of supreme all sessions of the supreme and district courts in said Territory, and and district to serve and execute all process and writs issued out of, and all R. S., 776- orders, judgments, and decrees made by, said courts, or by any judge 792, 1876-1895, thereof, unless said court or judge shall otherwise order in any particular case. courts, &c. 1907. Service of process and mileage. R. S., § 829. 1875, Feb. 25, ch. 95, §7; March 3, ch. 133, par. post, pp. 66, 81. oath, &c. 1, All process, writs, or other papers left with said marshal, or either of his deputies, shall be served without delay, and in the order in which they are received, upon payment or tender of his legal fees therefor; and it shall be unlawful for said marshal to demand or receive mileage for any greater distance than the actual distance by the usual routes from the place of service or execution of process, writ, or other paper, to the place of return of the same, except that when it shall be necessary to convey any person arrested by legal authority out of the county in which he is arrested, said marshal shall be entitled to mileage for the whole distance necessarily traveled in delivering the person so arrested before the court or officer ordering such arrest. Deputy marSaid marshal is hereby authorized to appoint as many deputies as shals, their ap- may be necessary, each of whom shall have authority, in the name pointment, bond, of said marshal, to perform any act with like effect and in like manR. S., § 780, 783. ner as said marshal; and the marshal shall be liable for all official acts of such deputies, as if done by himself. Such appointment shail not be complete until he shall give bond to said marshal with sureties, to be by him approved, in the penal sum of ten thousand dollars, conditioned for the faithful discharge of his duties; and he shall also take and subscribe the same oath prescribed by law to be taken by said marshal, and said appointment, bond and oath shall be filed and remain in the office of the clerk of the supreme court of said Territory. -actions for mis In actions brought against said marshal for the misfeasance or feasance of, how non-feasance of any deputy it shall be lawful for the plaintiff at his brought. option, to join the said deputy and the sureties on his bond with said marshal and his sureties. Sheriffs may serve processes. Any process either civil or criminal returnable to the supreme or district courts, may be served in any county, by the sheriff thereof or his legal deputy, and they may also serve any other process which may be authorized by act of the territorial legislature. Attorney of U.S. SEC. 2. That it shall be the duty of the United States attorney in to attend both U, said Territory in person or by an assistant, to attend all the courts S. and Territorial of record having jurisdiction of offenses as well under the laws of courts, act as pros- said Territory as of the United States, and perform the duties of ecuting officer, appoint assistants, prosecuting officer in all criminal cases arising in said courts, and he is hereby authorized to appoint as many assistants as may be necessary, each of whom shall subscribe the same oath as is prescribed by law for said United States attorney and the said appointment and oath shall be filed and remain in the office of the clerk of the supreme court of said Territory, &c. R. S., § 1875. Fees for services of assistants. Prosecuting at The United States attorney shall be entitled to the same fees for services rendered by said assistants as he would be entitled to for the same services if rendered by himself. The territorial legislature may provide for the election of a prosecuttorney may be ing attorney in any county; and such attorney, if authorized so to do elected in any by such legislature, may commence prosecutions for offenses under the laws of the Territory within such county, and if such prosecution is carried to the district court by recognizance or appeal, or otherwise may aid in conducting the prosecution in such court. &c. Costs of prosecutions, how paid. And the costs and expenses of all prosecutions for offenses against any law of the territorial legislature shall be paid out of the treasury of the Territory. |