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Votes for agent on shares of deceased owners; how given.
Sale of stock of
shareholder refus ing to pay assessment.
R. S., § 5205.
ciation, 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 assessment, 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.
Disbursing offi- SEC. 5. That all United States officers charged with the receipt or discers and bank offi- bursement of public moneys, and all officers of national banks, shall stamp cers to stamp coun- or write in plain letters the word "counterfeit" "altered" or terfeit, altered, ❝ worthand worthless less," 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 organtrust companies ized under authority of any act of Congress shall be, and are hereby, under United States laws to required to make, to the Comptroller of the Currency, and publish, all make and publish the reports which national banking-associations are required to make and publish under the provisions of sections fifty two hundred and R. S., § 5211- 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 penalties may be collected by suit before any court of the United States in the district in which said savings banks or savings and trust companies may be located
-in District of Co
lumbia to be sub-
And all savings or other banks now organized, or which shall hereafter be organized, in the District of Columbia, under any act of Congress, which shall have capital stock paid up in whole or in part, shall be subject to all the provisions of the Revised Statutes, and of all acts of Congress applicable to national banking associations, so far as the same may be applicable to such savings or other 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.]
NOTE.-(1) This provision has been added to § 5205 in the second edition of the Revised Statutes.
June 30, 1876.
19 Stat. L., 65.
In Navy, mileage
allowed to officers
AN ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE YEAR ENDING
Par. 1. In Navy, mileage allowed to officers at
Enlisted men to be reduced to seventy-five
Be it enacted, &c.
Par. 2. Force at navy-yards not to be increased within sixty days before election, &c.
3. Officers of Marine Corps to be reduced to seventy-five.
[Par. 1.] And so much of the act of June sixteenth, one thousand eight
R. S., § 1566.
1874, June 16, ch. 285, § 1.
hundred and seventy-four, making appropriations for the support of the at eight cents a Army for the fiscal year ending June thirtieth, one thousand eight hun- mile. dred and seventy-five, and for other purposes, as provides that only actual traveling expenses shall be allowed to any person holding_employment or appointment under the United States while engaged on public business, as is applicable to officers of the Navy so engaged, is hereby repealed;
And the sum of eight cents per mile shall be allowed such officers while so engaged, in lieu of their actual expenses.
1875, March 3, ch. 133, § 1, par. 1. 15 Opin. Att'yGen., 309.
14 Ct. Cl., 380.
be reduced to seventy-five hundred. Substitute for.
And hereafter enlistments in the Navy shall cease until the number-enlisted men to of enlisted men is reduced to seven thousand five hundred: Provided, That section fourteen hundred and seventeen of the Revised Statutes shall be amended so as to read as follows:
R. S., § 1417. Repeal and substitute, 1879, May
(Rep.) ["SEC. 1417. The number of persons who may at one time be enlisted into the Navy of the United States, including seamen, ordinary seamen, landsmen, mechanics, firemen, coal-heavers, apprentices, and 12, ch. 5. boys, shall not exceed seven thousand and five hundred."] (1)
Force at navy
[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 place for yards not to be inPresident of the United States, or member of Congress, except when the creased within Secretary of the Navy shall certify that the needs of the public service election, except, sixty days before make such increase necessary at that time which certificate shall be im &c. mediately published when made.
R. S., §§ 1543, 1544.
[Par. 3.] And from and after the passage of this act, there shall be no Officers of Maappointments, except by promotion, to fill vacancies occurring in the list rine Corps to be of commissioned officers of the Marine Corps until the number of such reduced to sevenofficers shall have been reduced, by casualties or otherwise, to seventy- R. S., § 1596. five. [June 30, 1876.]
NOTE. (1) This amendment is incorporated into the second edition of the Revised Statutes in § 1417, but the whole is repealed and a substitute enacted by 1879, May 12, ch. 5.
AN ACT TO REPEAL SECTION TWO THOUSAND THREE HUNDRED AND THREE OF THE
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 disposal of Alabama, Missisthe public lands in the States of Alabama, Mississippi, Louisiana, Ar- Arkansas, and sippi, Louisiana, kansas, and Florida to the provisions of the homestead law, be, and the Florida to be dissame is hereby, repealed: (!)
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 effect, shall be subject to entry, pre-emption, or sale:
And provided, That the public lands affected by this act, shall be offered at public sale, as soon as practicable from time to time, and 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.]
NOTE. (1) This act is incorporated into § 2303 of the second edition of the Revised Statutes.
posed of as other
to be sold at public sale. 1877, Jan. 12, ch.
July 5, 1876.
19 Stat. L., 74.
AN ACT TO EXTEND THE TIME FOR FILING CLAIMS FOR ADDITIONAL BOUNTY UNDER
Time for filing claims for additional bounty extended to July, 1880, according to statute of 1866, printed in note.
Time for filing Be it enacted, &c., That the time for filing claims for additional bounty claims for addi- under the act of July twenty-eighth, eighteen hundred and sixty-six, (1) tional bounty ex- and which expired by limitation on the thirtieth day of January, eighteen tended to July 1, hundred and seventy-five, be, and the same is hereby, revived and extended until the first day of July, eighteen hundred and eighty; and that all claims for such bounty filed in the proper department after the thirtieth day of January, eighteen hundred and seventy-five, and before the passage of this act, shall be, and the same are hereby declared to have been, filed in due time, and shall be considered and decided without refiling. [July 5, 1876.]
1866, ch. 296, §§ 12-16 (14 Stat. L., 322).
of $100 to certain sol
NOTE.-(1) By act of 1869, ch. 133, § 4 (15 Stat. L., 334), it was enacted that all claims for bounty under the provisions of the act of 1866, ch. 296 (14 Stat. L., 323), here referred to, should be void unless presented prior to December, 1869.
By act of 1870, ch. 253 (16 Stat. L., 254), the time for presenting claims was extended to January 13, 1871; by act of 1873, ch. 281 (17 Stat. L., 608), to January 13, 1874, and by act of 1874, ch. 303 (18 Stat. L., 79), to January 13, 1875.
The provisions of the act of 1866, ch. 296, extended by the above-mentioned acts and by this act, until July 1, 1880, are as follows:
SEC. 12. That each and every soldier who enlisted into the army of the United States, after the nineteenth day of April, eighteen hundred and sixty-one, for a period of not less than three years, and diers enlisted after having served the time of his enlistment has been honorably discharged, and who has received or who April 19, 1861, for three is entitled to receive from the United States under existing laws, a bounty of one hundred dollars and years, and to widows, no more, and any such soldier enlisted for not less than three years, who has been honorably discharged on account of wounds received in the line of duty, and the widow, minor children or parents in the order named, of any such soldier who died in the service of the United States or of disease or wounds contracted while in the service, and in the line of duty, shall be paid the additional bounty of one hundred dollars hereby authorized.
and $100 to soldiers who enlisted after April 14, 1861, for two years, and to widows,
Soldiers who have sold, assigned, loaned, &c., discharge papers, not entitled to bounties.
Accounts of soldiers
for additional bounty to
SEC. 13. That to each and every soldier who enlisted into the army of the United States, after the fourteenth day of April, eighteen hundred sixty-one, for a period of not less than two years and who is not included in the foregoing section, and has been honorably discharged after serving two years, and who has received or is entitled to receive from the United States, under existing laws, a bounty of one hundred dollars and no more, shall be paid an additional bounty of fifty dollars, and any such soldier enlisted for not less than two years who has been honorably discharged on account of wounds received in the line of duty, and the widow, minor children, or parents, in the order named, of any such soldier who died in the service of the United States, or of disease, or wounds contracted while in the service, and in the line of duty, shall be paid the additional bounty of fifty dollars hereby authorized. SEC. 14. That any soldier who shall have bartered, sold, assigned, transferred, loaned, exchanged, or given away his final discharge papers, or any interest in the bounty provided by this or any other act of Congress, shall not be entitled to receive any additional bounty whatever; and when application is made by any soldier for said bounty, he shall be required, under the pains and penalties of perjury, to make oath or affirmation of his identity, and that he has not so bartered, sold, assigned, transferred, exchanged, loaned, or given away either his discharge papers, or any interest in any bounty as aforesaid.
And no claim for such bounty shall be entertained by the paymaster-general, or other accounting or disbursing officer except upon receipt of the claimant's discharge papers, accompanied by the statement under oath, as by this section provided.
SEC. 15. That in the payment of the additional bounty herein provided for, it shall be the duty of the paymaster-general, under such rules and regulations as may be prescribed by the Secretary of be examined and paid War, to cause to be examined the accounts of each and every soldier who makes application therefor, by Paymaster-General. and if found entitled thereto shall pay said bounties.
In payment, &c., of SEC. 16. That in the reception, examination, settlement, and payment of claims for said additional claims of widows and bounty due the widows or heirs of deceased soldiers, the accounting officers of the Treasury shall be heirs, accounting offi- governed by the restrictions prescribed for the paymaster-general by the Secretary of War, and the cers to be governed by payment shall be made in like manner under the direction of the Secretary of the Treasury. restrictions prescribed
by Secretary of War, &c.
July 5, 1876.
19 Stat. L., 74.
Officers of Army,
AN ACT TO AMEND SECTION TWELVE HUNDRED AND TWENTY-FIVE OF THE REVISED
Officers of Army, not exceeding thirty, may be detailed as professors, &c., of colleges.
Be it enacted, &c., That section twelve hundred and twenty five of the not exceeding Revised Statutes of the United States be so amended as to read, "But thirty, may be detailed as professthe number of officers so detailed shall not exceed thirty at any time," ors, &c., of col- instead of twenty, as in said section provided.(1) [July 5, 1876.] leges.
R. S., § 1225.
NOTE. (1) This amendment has been incorporated into the section in the second edition of the Revised Statutes.
AN ACT PROVIDING FOR THE SALE OF THE KANSAS INDIAN LANDS IN KANSAS TO
Whereas, the Secretary_of_the Interior, in pursuance of an act approved May eighth, eighteen hundred and seventy-two, has caused to be appraised the lands heretofore owned by the Kansas tribe of Indians, in the State of Kansas, which by the terms of the treaty made by the United States and said Indians, and proclaimed November seventeenth, eighteen hundred and sixty, were to be sold for the benefit of said Indians; which appraisement also includes all improvements on the same, and the value of said improvements; distinguishing between improvements made by members of said Indian tribe, the United States, and white settlers; and
Whereas the appraisement thus made was so high that neither settlers nor purchasers were able to pay the same, and the said land has remained unsold from the passage of the act; Therefore,
Be it enacted, &c.
July 5, 1876. 19 Stat. L., 74.
[SECTION 1], That each bona fide settler on any of the trust lands embraced in said act, heretofore reported as such by the commissioners on Kansas Indian lands may make appointed to make said appraisement, and the rejected claimants as payment for lands. bona fide settlers, who were recommended as such by Andrew C. Will- 1880, March 16, iams, acting under instructions to superintendent Hoag, from the Indian ch. 39. Office, dated October, twenty-fourth, eighteen hundred and seventy-two, be permitted to make payment of the appraised value of their lands to the local land-office at Topeka, Kansas, under such rules as the Commissioner of the General Land Office may adopt, in six equal annual instalments; the first instalment payable on the first of January, eighteen hundred and seventy-seven, and the remaining instalments payable annually from that time, and drawing interest at six per centum per annum until paid:
Provided, That where there is timber on any of the lands to be sold under the provisions of this act, the Secretary of the Interior shall require the purchaser to enter into bond, with approved security, that he shall commit no waste on the timber, or otherwise on said land until the last payment is made.
not to commit waste on timber till last payment.
SEC. 2. That all the remainder of the trust-lands and of the undisposed Remainder of portion of the diminished reserve shall be subject to entry at the local trust-lands subject land office at Topeka, Kansas, in tracts not exceeding one hundred and to entry by actual sixty acres, unless a legal subdivision of a section shall be fractional and found to contain a greater number of acres, only by actual settlers, under such rules and regulations as the Commissioner of the General Land Office may prescribe.
And the parties making such entries shall be required to make pay--payment for, ment of the appraised value of the land entered and occupied by each, how made.
in the following manner: One sixth at the time that the entry is made,
and the remainder in five equal annual payments, drawing interest at
six per centum per annum, and the Secretary of the Interior shall with
hold title until the last payment is made;
And the Secretary of the Interior, where there is timber on the lands, bond against shall, in addition, compel the purchaser to enter into bond, with ap. committing waste. proved security, to commit no waste by the destruction of timber or
otherwise, on the premises, until final payment has been made;
And the Secretary of the Interior shall cause patents in fee-simple to patents to issue. be issued to all parties who shall complete purchases under the pro
visions of this act:
Failure to make
Provided, That if any person or persons applying to purchase land payment to work under the provisions of this act shall fail to make payment or to perforfeiture, &c. form any other conditions required by the provisions of this act, or by rules and regulations that may be prescribed in the execution hereof, within ninety days after such payment shall become due, or performance be required by the terms hereof, or by the rules and regulations which may be prescribed in the execution hereof, such person or persons shall forfeit all rights under the provisions of this act, and all claim or right to reimbursement or compensation for previous action or payment by said person or persons under the provisions hereof; and the land proposed to be purchased by such person or persons shall again be subject to sale as though no action had been had in regard to the same.
Secretary of In- SEC. 3. That the Secretary of the Interior shall inquire into the corterior may cause rectness of the appraisement of these lands; and if he be satisfied that new appraisement. 1880, March 16, they have been appraised at more than their present cash value, he may ch. 39. appoint a new commission of three persons to re-appraise the same; the per diem and expenses of which, at the rates heretofore paid to such commissioners, shall be deducted from the proceeds of said lands. Testimony for SEC. 4. That in preparing or giving their testimony, all settlers or settlers and pur purchasers of land under the provisions of this act may have such chasers; how taken and for- testimony taken, after due and legal notice to the opposing party in interest, before any notary public or person qualified to administer an oath, and may forward such testimony with their application to the land offices or parties authorized to dispose of said lands, which testimony shall be received as if taken before the officers of such land office.
Net proceeds of sales; how dis
1880, March 16, ch. 39, § 3.
Act subject to
SEC. 5. That the net proceeds arising from such sales, after defraying the expenses of appraisement and sale, which have heretofore or may hereafter be incurred, and also the outstanding indebtedness, principal and interest, of said Kansas tribe of Indians, which has heretofore been incurred under treaty stipulations, shall belong to said tribe in common, and may be used by the Commissioner of Indian Affairs, under direction of the President of the United States, in providing and improving for them new homes in the Indian Territory, and in subsisting them until they become self-sustaining; and the residue, not so required, shall be placed to their credit on the books of the Treasury, and bear interest at the rate of five per centum per annum, and be held as a fund for their civilization, the interest of which, and the principal, when deemed necessary by the President of the United States, may be used for such purpose:
Provided, That no proceedings shall be taken under this act until the assent of Kansas said Kansas Indians shall file their assent thereto with the Secretary of
the Interior(1) [July 5, 1876.]
NOTE.-(1) On the 31st of May, 1877, the Kansas Indians agreed in council to the stipulations of this act upon condition that the three appraisers to be appointed should be nominated respectively by the Commissioner of Indian Affairs, the superintendent of the Central superintendency, and the agent for the Osages. This condition was acquiesced in by the Secretary of the Interior, and the appraisers were appointed accordingly.
Ꮯ Ꮋ Ꭺ Ꮲ Ꭲ Ꭼ Ꭱ 172.
AN ACT AUTHORIZING THE NEBRASKA CITY BRIDGE COMPANY TO CONSTRUCT A PON-
July 8, 1876.
19 Stat. L., 76.
Suits for obstruction of river; where to be tried.
3. Act may be amended, &c.
When and how alterations may be made.
4. Regulations for security of navigation. Plans.
[SECTION 1], That it shall be lawful for the Nebraska City Bridge transit and wagon Company, a corporation having authority from the State of Nebraska