Railways to chase certain land. SEC. 8. That the said railroads or either of them shall have the right have right to pur- to purchase such subdivisions of lands as are located outside of the right of way, heretofore granted to them, and which were occupied by them on said tenth day of April, eighteen hundred and seventy-six, for stock-yards, storage-houses, or any other purposes legitimately connected with the operation and business of said roads, whenever the same does not conflict with a settler who in good faith made a settlement prior to the occupation of said lands by said railroad company or companies, in the same manner and at the same price settlers are authorized to purchase under the provisions of this act. [August 11, 1876.] Aug. 11, 1876. CHAPTER 260. 19 Stat. L., 129. Amendment of. AN ACT TO AMEND SUB-SECTIONS TWO HUNDRED AND FORTY-SIX AND TWO HUNDRED Sureties on bonds of bidders for carrying mail to -on failure or refusal of contractor to perform --on failure of accepted bidder, &c., to enter into contract. Limit of temporary service. Contracts may be continued six months beyond term. Penalty for wrongfully failing to enter into contract. - prima facie evidence in such case. Be it enacted, &c., That sub-sections two hundred and forty-six and 1874, June 23, ch. two hundred and fifty-one of section twelve, of an act entitled "An act 456, § 12. making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, eighteen hundred and seventyfive, and for other purposes," approved June the twenty-third, eighteen hundred and seventy-four, and for other purposes, and also to amend section thirty-nine hundred and fifty-four of the Revised Statutes be amended as follows: Sureties on bonds of bidders for carrying mail to take terrogatories, &c. R. S., § 3946, 3947, 3953. oath and answerin "SEC. 246. That before the bond of a bidder, provided for in the aforesaid section, is approved, there shall be indorsed thereon the oaths of the sureties therein, taken before an officer qualified to administer oaths, that they are owners of real estate worth in the aggregate a sum double the amount of said bond, over and above all debts due and owing by them, and all judgments, mortgages, and executions against them, after 1878, May 17, ch. allowing all exemptions of every character whatever. 107. Accompanying said bond and as a part thereof, there shall be a series of interrogatories, in print or writing, to be prescribed by the Postmaster-General, and answered by the sureties under oath showing the amount of real estate owned by them, a brief description thereof, and its probable value, where it is situated, in what county and State the record evidence of their title exists. - knowingly And if any surety shall knowingly and willfully swear falsely to any swearing falsely; statement made under the provisions of this section he shall be deemed how punished. guilty of perjury, and, on conviction thereof, be punished as is provided by law for commission of the crime of perjury." contract, &c. Proceedings on "SEC. 251. That after any regular bidder whose bid has been accepted failure of lowest shall fail to enter into contract for the transportation of the mails acbidder to enter into cording to his proposals, or having entered into contract, shall fail to R. S., $$ 3951- Commence the performance of the service stipulated in his or their contract as therein provided, the Postmaster-General shall proceed to con1878, May 17, ch. tract with the next lowest bidder or bidders in the order of their bids, 107. for the same service, who will enter into a contract for the performance 3954. thereof, unless the Postmaster-General shall consider such bid or bids too high, and in case each of said bids shall be considered too high, then the Postmaster-General shall be authorized to enter into contract, at a price less than that named in said bids, with any person, whether a bidder or not, who will enter into contract to perform the service in accordance with the terms and provisions prescribed for the execution of other contracts for similar service; and in case no satisfactory contract can be thus obtained, he shall re-advertise such route. And if any bidder whose bid has been accepted, and who has entered into a contract to perform the service according to his proposal, and in pursuance of his contract has entered upon the performance of the service, to the satisfaction of the Postmaster-General, shall subsequently fail or refuse to perform the service according to his contract, the Postmaster General shall proceed to contract with the next lowest bidder for such service, under the advertisement thereof, (unless the PostmasterGeneral shall consider such bid too high) who will enter into contract and give bond, with sureties, to be approved by the Postmaster-General, for the faithful performance thereof, in the same penalty and with the same terms and conditions thereto annexed as were stated and contained in the bond which accompanied his bid; And in case said next lowest bidder shall decline to enter into contract for the performance of such service, then the Postmaster-General may award the service to, and enter into contract with, any person, whether a bidder on said route or not, who will enter into contract to perform the service and execute a bond of like tenor and effect as that required of bidders, in a penalty to be prescribed, and with sureties to be approved by the Postmaster-General, for the performance of the service contracted to be performed at a price not exceeding that named in the bid of the said next lowest bidder; And if no contract can be secured at the price named in said next lowest bid, then the Postmaster-General shall proceed to secure a contract, at a price not considered too high, with any person who will execute such contract in accordance with the law applicable thereto, giving in all cases, the preference to the regular bidders on the list whose bids do not exceed the price at which others will contract therefor; And if no satisfactory contract can be thus secured, the route shall be re-advertised. Proceedings on failure or refusal of contractor to perform service. tract. Whenever an accepted bidder shall fail to enter into contract, or a -on failure of accontractor on any mail-route shall fail or refuse to perform the service cepted bidder, &c., on said route according to his contract, or when a new route shall be to enter into conestablished or new service required, or when, from any other cause, there 1878, May 17, ch. shall not be a contractor legally bound or required to perform such serv- 107, § 4. ice, the Postmaster-General may make a temporary contract for carrying 1879, June 12, cb. the mail on such route, without advertisement, for such period as may be necessary, not in any case exceeding six months, until the service shall have commenced under a contract made according to law: 20. Limit of price of Provided however, That the Postmaster-General shall not employ temporary service on any route at a higher price than that paid to the temporary service. contractor who shall have performed the service during the last preceeding contract term. An in all cases of regular contracts hereafter made, the contract may, in the discretion of the Postmaster-General, be continued in force beyond its express terms for a period not exceeding six months, until a new contract with the same or other contractors shall be made by the Postmaster-General." Contracts may be continued six months beyond term. And that section thirty-nine hundred and fifty-four of the Revised Penalty for Statutes be amended to read as follows: (1) wrongfully failing tract. "Any person or persons bidding for the transportation of the mails to enter into conupon any route which may be advertised to be let, and receiving an award R. S., § 3954. of the contract for such service, who shall wrongfully refuse or fail to enter into contract with the Postmaster-General in due form to perform NOTE.-(1) This amendment has been incorporated into § 3954 of the second edition of the Revised Statutes. -prima facie evidence in such case. the service described in his or their bid or proposal, or having entered into such contract shall wrongfully refuse or fail to perform such service, shall, for any such failure or refusal, be deemed guilty of a misdemeanor, and be punished by a fine of not more than five thousand dollars, and by imprisonment for not more than twelve months. "And the failure or refusal of any such person or persons to enter into such contract in due form, or having entered into such contract the failure or refusal to perform such service, shall be prima-facie evidence in all actions or prosecutions arising under this section that such failure or refusal was wrongful." [August 11, 1876.] Aug. 12, 1876. 19 Stat. L., 131. One thousand CHAPTER 263. AN ACT CONCERNING THE EMPLOYMENT OF INDIAN SCOUTS. One thousand Indian scouts to be employed, and -to receive pay for use of their own horses. appropriate number of commissioned officers. Be it enacted, &c., That so much of the Army appropriation act of Indian scouts to be twenty-fourth July, eighteen hundred and seventy six, as limits the employed, and ap- number of Indian scouts to three hundred is hereby repealed; and secpropriate number tions ten hundred and ninety-four and eleven hundred and twelve of the of commissioned officers. Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force: R. S., §§ 1094, 1112. 1876, July 24, ch. 226. - to receive pay for use of their own horses. Provided, That a proportionate number of non-commissioned officers may be appointed. And the scouts, when they furnish their own horses and horse-equipments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. [August 12, 1876.] Aug. 14, 1876. 19 Stat. L., 139. CHAPTER 270. AN ACT ESTABLISHING THE PORT OF SAINT PAUL, MINNESOTA, AS A PORT OF AP Imports for [SECTION 1], (Sup.) [That the provisions contained in, and the privtransportation in ileges accorded by, sections (1) twenty-nine hundred and ninety, twentybond may be en- nine hundred and ninety-one, twenty-nine hundred and ninety-two, tered at and trans- twenty-nine hundred and ninety three, twenty-nine hundred and ninetyPaul, Minn. four, twenty-nine hundred and ninety-five, twenty-nine hundred and S., § 2990- ninety-six, and twenty-nine hundred and ninety-seven, of the Revised Statutes be extended to, and held to include, the port of Saint Paul in See 1880, June 10, the collection-district of Minnesota.] 2997. ch. 190, §§ 7,8. Appraiser at Saint Paul to have salary of $2,000. R. S., § 2595, 2701. SEC. 2. That the appraiser (2) at the port of Saint Paul shall receive the same amount of salary that the deputy collector of that port now receives. [August 14, 1876.] NOTES. (1) These sections are repealed by act of 1880, June 10, ch. 190, and new provisions therein made superseding this section. (2) When, by the first section of this act, Saint Paul was added to the list of ports at which imports might be entered for transportation in bond, &c., it seems to have been assumed that an appraiser for that port could be appointed by existing law; and it would have been so under the act of 1870, ch. 255, § 36 (16 Stat. L., 271); but the general authority to appoint an appraiser at each of said ports, for which an appraiser of imported merchandise is not now provided for by law, was not incorporated into the Revised Statutes. Thus the only authority for appointing an appraiser at Saint Paul is found in the second section of this act fixing the salary of such an officer. CHAPTER 274. AN ACT TO PUNISH THE COUNTERFEITING OF TRADE-MARK GOODS AND THE SALE OR Be it enacted, &c. Aug. 14, 1876. 19 Stat. L., 141. Penalty for dealing in goods in [SECTION 1], That every person who shall with intent to defraud, deal in or sell, or keep or offer for sale, or cause or procure the sale of, any similitude of tradegoods of substantially the same descriptive properties as those referred mark goods with to in the registration of any trade mark, pursuant to the statutes of the intent to defraud. United States, to which, or to the package in which the same are put R. S., §§ 4937up, is fraudulently affixed said trade-mark, or any colorable imitation 1917. 1881, March 3, thereof, calculated to deceive the public, knowing the same to be coun- ch. 138. terfeit or not the genuine goods referred to in said registration, shall, on 100 U. S., 82. conviction thereof, be punished by fine not exceeding one thousand dol- 16 Opin. Att'ylars, or imprisonment not more than two years, or both such fine and Gen., 586. imprisonment. mark or imitation SEC. 2. That every person who fraudulently affixes, or causes or pro- - for fraudulently cures to be fraudulently affixed, any trade-mark registered pursuant to affixing tradethe statutes of the United States, or any colorable imitation thereof, to goods, &c. calculated to deceive the public, to any goods, of substantially the same descriptive properties as those referred to in said registration, or to the package in which they are put up, knowing the same to be counterfeit, or not the genuine goods, referred to in said registration, shall on conviction thereof, be punished as prescribed in the first section of this act. SEC. 3. That every person who fraudulently fills, or causes or procures to be fraudulently filled, any package to which is affixed any trade-mark, filling package registered pursuant to the statutes of the United States, or any color- bearing registered able imitation thereof, calculated to deceive the public, with any goods. of substantially the same descriptive properties as those referred to in said registration, knowing the same to be counterfeit, or not the genuine goods referred to in said registration, shall, on conviction thereof, be punished as prescribed in the first section of this act. -fraudulently trade-mark. fraud. SEC. 4. That any person or persons who shall, with intent to defraud -making, &c., any person or persons, knowingly and willfully cast, engrave, or manu- trade-mark dies facture, or have in his, her, or their possession, or buy, sell, offer for with intent to desale, or deal in, any die or dies, plate or plates, brand or brands, engraving or engravings, on wood, stone, metal, or other substance, moulds, or any false representation, likeness, copy, or colorable imitation of any die, plate, brand, engraving, or mould of any private label, brand, stamp, wrapper, engraving on paper or other substance, or trade mark, registered pursuant to the statutes of the United States, shall, upon conviction thereof, be punished as prescribed in the first section of this act. SEC. 5. That any person or persons who shall, with intent to defraud -forging or counany person or persons, knowingly and willfully make, forge, or coun- terfeiting tradeterfeit, or have in his, her, or their possession, or buy, sell, offer for marks. sale, or deal in, any representation, likeness, similitude, copy, or colorable imitation of any private label, brand, stamp, wrapper, engraving, mould, or trade mark, registered pursuant to the statutes of the United States, shall, upon conviction thereof, be punished as prescribed in the first section of this act. SEC. 6. That any person who shall, with intent to injure or defraud Dealing in empty the owner of any trade-mark, or any other person lawfully entitled to packages bearing use or protect the same, buy, sell, offer for sale, deal in or have in his trade-marks with possession any used or empty box, envelope, wrapper, case, bottle, or other package, to which is affixed, so that the same may be obliterated intent to defrand. Search-warrants without substantial injury to such box or other thing aforesaid, any trade-mark, registered pursuant to the statutes of the United States, not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, shall, on conviction thereof, be punished as prescribed in the first section of this act. SEC. 7. That if the owner of any trade-mark, registered pursuant to for counterfeit the statutes of the United States, or his agent, make oath, in writing, plates, tradethat he has reason to believe, and does believe, that any counterfeit marks, &c. dies, plates, brands, engravings on wood, stone, metal, or other substance, or moulds, of his said registered trade mark, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, or makes such oaths that any counterfeits or colorable imitations of his said trade-mark, label, brand, stamp, wrapper, engraving on paper or other substance, or empty box, envelope, wrapper, case, bottle, or other package, to which is affixed said registered trade-mark not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, then the several judges of the circuit and district courts of the United States and the Commissioners of the circuit courts may, within their respective jurisdictions, proceed under the law relating to search-warrants, and may issue a search-warrant authorizing and directing the marshal of the United States for the proper district to search for and seize all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, and said counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper, or other substance, and said empty boxes, envelopes, wrappers, cases, bottles, or other packages that can be found; And upon satisfactory proof being made that said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, are to be used by the holder or owner for the purposes of deception and fraud, that any of said judges shall have full power to order all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, to be publicly destroyed. SEC. 8. That any person who shall, with intent to defraud any person or persons, knowingly and willfully aid or abet in the violation of any of the provisions of this act, shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars, or imprisonment not more than one year, or both such fine and imprisonment. [August 14, 1876.] CHAPTER 287. AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL Aug. 15, 1876. 19 Stat. L., 143. |