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R. S., § 3426.
repealing 1875, amend existing customs and internal revenue laws, and for other purFeb. 8, ch. 36, § 14. poses," be, and the same is hereby, repealed; and all unused stamps 1879, March 1, shall be redeemed when properly presented, as was done prior to the passage of the aforesaid act:
ch. 125, § 17.
No allowance for Provided, That from and after the passage of this act no allowance documentary shall be made for documentary stamps, except those of the denomination stamps, except two-cent stamps, of two cents, which when presented to the Commissioner of Internal &c. Revenue are not found to be in the same condition as when issued by the Internal Revenue Department, or, if so required by the said Com15 Opin. Att'y- missioner, when the person presenting the same can not satisfactorily Gen., 426. trace the history thereof from their issue to their presentation as aforesaid. [July 12, 1876.]
R. S., § 3426.
AN ACT TO AMEND SECTION FIFTY-FIVE HUNDRED AND FORTY-SIX OF THE REVISED
Designation of penitentiaries by Attorney-Gen-
Convicts in District of Columbia.
Convicts may be confined in jail when transporta
tion would exceed cost of maintenance. Place of imprisonment may be changed.
Be it enacted, &c., That section fifty-five hundred and forty-six of the penitentiaries by Revised Statutes of the United States be amended so as to read as fol
for convicts in Uni-
Convicts in Dis
"SEC. 5546. All persons who have been, or who may hereafter be, 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;
And if the conviction be had in the District of Columbia, the transtrict of Columbia. portation and delivery shall be by the warden of the jail of that District; the reasonable actual expense of transportation, necessary subsistence, and hire and transportation of guards and the marshal, or the warden of the jail in the District of Columbia, only, to be paid by the AttorneyGeneral, out of the judiciary fund.
Convicts may be when transporta
But if, in the opinion of the Attorney-General, the expense of transconfined in jail portation from any State, Territory or the District of Columbia, in which tion would exceed there is no penitentiary, will exceed the cost of maintaining them in jail cost of mainte- in the State, Territory, or the District of Columbia during the period of their sentence, then it shall be lawful so to confine them therein for the period designated in their respective sentences.
Place of impris
And the place of imprisonment may be changed in any case, when, in onment may be 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.]
NOTE. (1) This amendment is incorporated into § 5546 of the Revised Statutes, in the second edition.
AN ACT TO EXEMPT VESSELS
ENGAGED IN NAVIGATING THE MISSISSIPPI RIVER AND
Vessels in coasting-trade navigating Mississippi River, &c., above New Orleans, laden with imported goods or spirits, exempt from procuring permit to proceed and unlade.
July 12, 1876.
19 Stat. L., 90.
Vessels in coast
Be it enacted, &c., That the provisions of sections forty-three hundred and forty-nine, forty-three hundred and fifty, forty-three hundred and ing-trade navigat ing Mississippi fifty-one, forty-three hundred and fifty-two, forty-three hundred and River, &c., above fifty-three, forty-three hundred and fifty-four, forty-three hundred and New Orleans, laden fifty five, and forty-three hundred and fifty-six of the Revised Statutes, with imported requiring the master of every vessel licensed to carry on the coasting goods or spirits, exempt from protrade, laden in part with foreign merchandise or distilled spirits, to pro- curing permit to cure a permit from the customs' officer of the port at which his vessel proceed and to unwas laden, authorizing him to proceed to his port of destination, and fade. also to procure a permit from the 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.
R. S., § 43494356.
ACT TO AMEND SECTIONS THIRTY-EIGHT HUNDRED AND NINETY-THREE AND
1. Obscene books, papers, &c., to be non-mailable.
Be it enacted, &c.
Offences under repealed section may be prose
2. Circulars concerning lotteries not mailable.
July 12, 1876. 19 Stat. L., 90.
Obscene books, papers, &c., to be stitute for. non-mailable; sub
[SECTION 1], That section thirty-eight hundred and ninety-three of Revised Statutes shall be, and is hereby, amended so as to read as follows: (1) Every obscene, lewd, or lascivious book, pamphlet, picture, paper, writing, print, or other publication of an indecent character, and every article or thing designed or intended for the prevention of conception or procuring of abortion, and every article or thing intended or adapted for ch. any indecent or immoral use, and every written or printed card, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or of whom, or by what means, any of the herein before mentioned matters, articles or things may be obtained or made, and every letter upon the envelope of which, or postal card upon which, indecent, lewd, obscene, or lascivious delineations, epithets, terms, or language may be written or printed, are hereby declared to be non-mailable matter, and shall not be conveyed in the mails, nor delivered from any post-office nor by any letter-carrier;
R. S., § 3893.
3 Sawyer, 566.
And any person who shall knowingly deposit, or cause to be depos--punishment for ited, for mailing or delivery, anything declared by this section to be non- violation. mailable matter, and any person who shall knowingly take the same, or cause the same to be taken, from the mails, for the purpose of circulating or disposing of, or of aiding in the circulation or disposition of the same, shall be deemed guilty of a misdemeanor, and shall for each and every offence be fined not less than one hundred dollars nor more than five thousand dollars, or imprisoned at hard labor not less than one year nor more than ten years, or both, at the discretion of the court."
And all offences committed under said original section thirty-eight Offences under hundred and ninety-three of the Revised Statutes prior to the approval repealed section may be prosecuted. NOTE.-(1) This act is incorporated into the second edition of the Revised Statutes in §§ 3893, 3894.
of this act may be prosecuted and punished under the said original section in the same manner and with the same effect as if this act had not been passed.
SEC. 2. That section thirty-eight hundred and ninety-four of the cerning lotteries Revised Statutes be, and is hereby, amended by striking out the word "illegal" in the first line of said section.(2) [July 12, 1876.]
R. S., § 3894.
14 Blatch., 245. 15 Opin. Att'y
NOTE.-(2) This amendment has been incorporated in § 3894 of the Revised Statutes, in the second edition.
July 19, 1876.
AN ACT RELATING TO THE APPROVAL OF BILLS IN THE TERRITORY OF ARIZONA.
Bills passed by legislature of Arizona to be ap-
-to become laws if not returned by governor in
Be it enacted, &c., That every bill which shall have passed the legis lative council and house of representatives of the Territory of Arizona shall, before it becomes a law, be presented to the governor of the Territory;
If he approve it, he shall sign it, but if he do not approve it, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large upon their journal, and proceed to reconsider it.
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.]
AN ACT TO PROVIDE FOR THE SALE OF THE FORT KEARNEY MILITARY RESERVATION
July 21, 1876.
19 Stat. L., 94.
tion to be sold to
-or in certain cases under pre-emption laws. Heirs of deceased settlers may complete entry.
Whereas the tract of land in the State of Nebraska known as the Fort Kearney military reservation is no longer needed or used for military purposes, and has been abandoned by the military authorities: Therefore,
Be it enacted, &c.
Fort Kearney [SECTION 1], That it shall be the duty of the Secretary of the Interior military reserva- to cause said tract of land to be surveyed, sectionized, and subdivided actual settlers only as other public lands, and after said survey, to offer said land to actual under homestead settlers only at minimum price, under and in accordance with the provisions of the homestead laws:
R. S., § 22892317.
-or in certain
cases under preemption laws.
Provided, That if any person has made permanent improvements upon said land prior to the first day of June, eighteen hundred and seventysix, (being an actual settler thereon,) has exhausted his right to make a
homestead entry, such person, or his heirs, may enter one quarter-section of said land under the provisions of the pre-emption laws:
R. S., §§ 22572288.
And provided further, That the heirs of any deceased person who had Heirs of deceased. made settlement and improvement as above described prior to June settlers may cofirst, eighteen hundred and seventy-six, may complete the pre-emption plete entry. or homestead entry of the person so deceased.
SEC. 2. [Makes an appropriation.] [July 21, 1876.]
AN ACT ESTABLISHING THE RANK OF THE PAYMASTER-GENERAL
Paymaster-General of Army to rank as brigadier-general.
Be it enacted, &c., That from and after the passage of this act, the rank of the Paymaster-General of the United States Army shall be brigadiergeneral; 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. Paymaster-General of Army to rank as brigadiergeneral. R. S., § 1182.
AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL
July 24, 1876.
19 Stat. L., 97.
Army reduced to 25,000 men. 1112, 1115, 1196. R. S., § 1094, 1876, Aug. 12, ch.
[Par. 1.](1) No money appropriated by this act shall be paid for recruiting the Army beyond the number of twenty-five thousand enlisted men, including Indian scouts and hospital stewards. Nothing, however, in this act shall be construed to prevent enlistments for the Signal Service, which shall hereafter be maintained as now organized, and as provided 263. by law with a force of enlisted men not exceeding four hundred after present terms of enlistment have expired.(1)
1876, Aug. 15, ch. 301. 1878, June 18, ch.
[Par. 2.] Cavalry regiments may be recruited to one hundred men in each company, and kept as near as practicable at that number;
Cavalry regiments may have 1,000 men.
R. S., §§ 1102, 1103.
And a sufficient force of cavalry shall be employed in the defense of to be employed the Mexican and Indian frontier of Texas:
Provided That such assignment of recruits shall not increase the total aggregate of the Army beyond the number of twenty-five thousand enlisted men, as provided in this act. (1)
in defense of Texas frontier.
Army not to be increased by.
[Par. 3.] The Secretary of War shall provide for the care and main- Secretary of War tainance of the National Military Cemeteries and for this purpose shall to have care of nasubmit an estimate with his annual estimates to Congress and Section and to submit est:four thousand eight hundred and seventy-six of the Revised Statutes is hereby repealed.(2)
NOTES. (1) This provision is repeated in the act of 1877, ch. 1, first session of the Forty-fifth Congress (20 Stat. L., 2).
(2) In the second edition of the Revised Statutes section 4876 is printed in italics as repealed.
mates to Congress. Repeal of R. S.,
certain cases at
Officers of Army SEC. 2. That when any officer travels under orders, and is not furto have mileage in nished transportation by the Quartermaster's Department, or on a coneight cents a mile. Veyance belonging to or chartered by the United States, or on any railR. S., § 1273. road 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;
1874, June 16, ch. 285, § 1.
14 Ct. Cl, 272.
16 Opin. Att'yGen., 559.
SEC. 3. That every military post may have one trader, to be appointed be appointed; one by the Secretary of War, on the recommendation of the council of adat each military ministration, approved by the commanding officer who shall be subject post, &c. 15' Opin. Att'y- in all respects to the rules and regulations for the government of the Army.
16 Opin. Aty
[July 24, 1876.]
July 24, 1876.
19 Stat. L., 101.
AN ACT TO DECLARE FORFEITED TO THE UNITED STATES CERTAIN LANDS GRANTED TO
Be it enacted, &c., That all lands which were granted by act of Con-
AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO AMEND AND SUPPLEMENT AN ACT
Voluntary assignment under State laws for benefit When bankrupt may apply for discharge.
Be it enacted, &c. That section twelve of said act be, and the same is
After the word "committed," in line forty-four, insert: "Provided also, That no voluntary assignment by a debtor or debtors of all his or their property, heretofore or hereafter made in good faith for the benefit of all his or their creditors, ratably and without creating any preference, and valid according to the law of the State where made, shall of itself, in the event of his or their being subsequently adjudicated bankrupts
NOTE.-(1) The whole bankrupt law was repealed by act of 1878, ch. 160.