CHAP. 168.—An act to create the northeastern division of the Southern Federal judicial district of Georgia, and to take certain counties from the northern district and add to the Southern district, and to provide for holding courts in said northeastern division, and for other purposes. February 15, 1889. Northeastern division Counties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the northeast- Georgia. ern division of the southern judicial district of Georgia is hereby of southern judicial established, to be composed of the counties of Warren, Glascock, district established. McDuffie, Columbia, Richmond, Burke, Jefferson, Johnson, and R. S., sec. 535, p. 90, Washington of the southern district, and of the counties of Lincoln, Wilkes, and Taliaferro of the northern district, which are hereby attached to the southern district and made part of the northeastern division of said southern district. SEC. 2. That there shall be held at the city of Augusta, in said northeastern division of the southern judicial district of Georgia, two terms of the district and circuit courts in each and every year, to wit, one term commencing on the first Monday in April and the other commencing the third Monday in November of each year, and it shall be the duty of the clerk, marshal, and other officers of the southern judicial district to attend said terms of said court and perform all the duties pertaining to their positions, and no additional clerk or marshal shall be appointed in said district. If in the opinion of the court it shall become necessary, a deputy clerk may be appointed. amended. Terms of court at Augusta. R. S., secs. 572, 658, pp. 99, 120. SEC. 3. That all civil suits not of a local nature must be brought Jurisdiction in civil in said northeastern division where the defendant resides in said causes. northeastern division of the Southern Federal judicial district of Georgia. But if there are two or more defendants, some residing in the northeastern division and others residing in any other portion of said southern district of Georgia, the action may be brought in any one of the divisions in which any one of the defendants resides. When the defendant is a non-resident of either division action may if plaintiff is a citizen of the district be brought in that division wherein the defendant may be found. Cases removed from any of the courts of the State of Georgia to the circuit courts of the United courts States shall be removed to the circuit court in the division in which said court is held. SEC. 4. That all prosecutions for crimes or offenses committed after the date at which this act takes effect in any of the counties of the said northeastern division shall be cognizable within such division, and all prosecutions for crimes or offenses committed prior to the date when this act takes effect within any of said counties, taken as aforesaid from the northern district, or committed in the southern district as heretofore constituted shall be commenced and proceeded with as if this act had not been passed. Removal from State Prosecutions for crimes. Transfer of pending causes. SEC. 5. That civil actions or proceedings now pending at Atlanta, in the northern district, in which parties residing in the counties by this act transferred to the southern district are interested, may be transferred, by the consent of all the parties, to the proper courts in the northeastern division of the southern district as herein provided; and all civil actions or proceedings now pending either at Macon or Savannah, in said southern district, in which the parties residing in the counties by this act assigned to said northeastern division are interested, may be transferred, by the consent of all parties, to the proper court in said northeastern division; and in case of such trans- Records, etc. fer all papers and files therein, with copies of all journal entries, shall be transferred to the clerk's office of the court to which they are transferred, and the same shall be proceeded with in all respects as though the case were originally brought therein; but without such consent such actions or proceedings shall be continued and carried on as if this act had not been passed. Jurors. Effect. SEC. 6. That all grand and petit jurors summoned for service in said northeastern division shall be residents of such division. SEC. 7. That this act shall be in force from and after the first day of January, eighteen hundred and ninety, and all acts and parts of acts inconsistent herewith are hereby repealed. Approved, February 15, 1889. February 15, 1889. District of Columbia. stock companies. Maximum increased. p. 68, amended. CHAP. 169.-An act to amend section five hundred and fifty-five, Revised Statutes, relating to the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five hundred and fifty-five of the Revised Statutes of the United States of America, relating to the District of Columbia, be, and it is hereby, amended by striking out the word "nine" and inserting the word "fifteen" in lieu thereof, so that the same shall read: The stock, property, and concerns of such company shall be managed by not less than three or more than fifteen trustees, who shall respectively be stockholders, and a majority citizens of the District, and shall, except the first year, be annually elected by the stockholders, at such time and place as shall be determined by the by-laws of the company." Approved, February 15, 1889. February 16, 1889. Executive Depart ments. committee. CHAP. 171.—An act to authorize and provide for the disposition of useless papers in the Executive Departments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be in any one of the Executive Departments of the Government an accumulation of files of papers, which are not needed or useful in the transaction of the current business of such Department and have no permanent value or historical interest, it shall be the duty of the Report to Congress. head of such Department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers. And upon the submission of such report, it shall be the Examination by duty of the presiding officer of the Senate to appoint two Senators, and of the Speaker of the House of Representatives to appoint two Representatives, and the Senators and Representatives so appointed shall constitute a joint committee, to which shall be referred such report, with the accompanying statement of the condition and character of such papers, and such joint committee shall meet and examine such report and statement and the papers therein described, and submit to the Senate and House, respectively, a report of such examination and their recommendation. And if they report that such files of papers, or any part thereof, are not needed or useful in the transaction of the current business of such Department, and have no permanent value or historical interest, then it shall be the duty of such head of the Department to sell as waste paper, or otherwise dispose of such files of papers upon the best obtainable terms after due publication of notice inviting proposals therefor, and receive and pay the proceeds thereof into the Treasury of the United States, and make report thereof to Congress. Report. Sale, etc. Approved, February 16, 1889. CHAP. 172.-An act in relation to dead and fallen timber on Indian la Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States may from year to year in his discretion under such regulations as he may prescribe authorize the Indians residing on reservations or allotments, the fee to which remains in the United States, to fell, cut, remove, sell or otherwise dispose of the dead timber standing or fallen, on such reservation or allotment for the sole benefit of such Indian or Indians. But whenever there is reasonable' cause to believe that such timber has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this act then in that case such authority shall not be granted. Approved, February 16, 1889. February 16, 1889. Indian lands. fallen timber. Disposal of dead and CHAP. 176.—An act to incorporate the Maritime Canal Company of Nicaragua. Whereas to facilitate commercial intercourse by water between the Atlantic and the Pacific States as well as with foreign nations, it is deemed desirable for the public interest of the United States that a ship-canal be constructed between the Atlantic and Pacific Oceans, on what is known as the Nicaragua route: Therefore, February 20, 1889. Preamble. Maritime Canal ComIncorporated. Incorporators. pany of Nicaragua from Atlantic to Pa Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Frederick Billings, Charles P. Daly, Daniel Ammen, Francis A. Stout, Horace L. Hotchkiss, Edward F. Beale, Hiram Hitchcock, C. Ridgeley Goodwin, A. C. Cheney, J. F. O'Shaughnessy, H. C. Taylor, J. W. Miller, A. S. Crowninshield, A. G. Menocal, Charles H. Stebbins, T. Harrison Garrett, Jules Aldige, R. A. Lancaster, Alfred E. Mills, Gustav E. Kissell, Horace Fairbanks, George H. Robinson, Alfred B. Darling, Joseph E. McDonald, James Roosevelt, Christian Devries, Frederick F. Thompson, Henry A. Parr, and such other persons as may be associated with them and their successors are hereby constituted and created a body corporate and politic in deed and in law, by the name, style and title of "The Maritime Canal Company of Nicaragua," for the construction, equipment, management, and operation To construct a canal of a ship-canal from the Atlantic to the Pacific Ocean either entirely cific Ocean. through the territory of the Republic of Nicaragua or through Nicaragua and in part through the territory of the Republic of Costa Rica with such collateral, connecting, or cross canals as may be necessary to connect therewith, and to exercise such other powers as have been conferred by the Government of Nicaragua by the concession of that Republic to the Nicaragua Canal Association, through Mr. A. G. Menocal, its representative, and dated the twenty-third day of March, anno Domini eighteen hundred and eighty-seven, and finally approved by the legislative and executive authority of the Re public on the twentieth, twenty-third, and twenty-fourth days of April, anno Domini eighteen hundred and eighty-seven, and such powers as the Republic of Costa Rica may confer of the same kind as those named in said concession; and the said Maritime Canal Corporate powers Company of Nicaragua, by that name shall have perpetual succession; may sue and be sued, plead and be impleaded, defend and be defended in all courts of law and equity within the United States; may make and have a common seal; and shall have and possess the rights, powers, and privileges usually possessed by similar companies. It may receive, purchase, hold, and convey such real and personal estate, property, and rights of property, or concessionary rights as may be necessary to carry into effect the purposes of this act; may issue stock to the amount of the just value of Issuing stock. such estate, property and rights and for work and labor done or STAT L-VOL XXV 43 etc. Bonds. in New York. materials provided in the execution of the work of constructing said ship-canal; and the stock issued for these purposes shall be deemed paid up stock and shall not be liable to any further calls or assessments; may do all lawful things to secure the full,enjoyment of the powers, privileges, rights, benefits, and grants contained in any canal concession so made by the Republic of Nicaragua or to be made by the Republic of Costa Rica, as aforesaid; and to aid in the construction of said canal and to carry out the purposes of this act, the said Maritime Canal Company of Nicaragua is hereby authorized to issue its bonds, and to secure the same by mortgage on its property and rights of property of all kinds and descriptions real, personal, Principal office to be and mixed, including its franchise to be a corporation. The principal office of said corporation shall be in the city of New York, and all legal process may be served upon the person who may at the time be in charge of said office or upon the attorney of said company, whose name and address shall be certified by the president of the company; and such certificate shall be filed in the office of the Secretary of State of the United States: Provided, however, That nothing in this act contained shall be so construed as to commit the United States to any pecuniary liability whatever for or on account of said company, nor shall the United States be held in any wise liable or responsible in any form or by any implication, for any debt or liability, in any form which said company may incur, nor be hell as guaranteeing any engagement or contract of said company, or as having assumed, by virtue of this act, any responsibility for the acts. or proceedings of said company in any foreign country, or contracts or engagements entered into, in the United States. Proviso. No pecuniary liabil ity of the Government. Capital stock. books Public notice. SEC. 2. That the capital stock of said company shall consist of not less than one million shares of one hundred dollars each, with the right to increase the capital stock to two million shares of one hundred dollars each, upon the vote of two-thirds of the stock of said company at any time outstanding, which shares shall in all respects be deemed personal property and shall be transferable in such manner as the by-laws of said corporation may provide. Five incorporators, who shall be chosen by a majority of the number from those Opening subscription named in this act, shall have power to open books of subscription to the capital stock of said company in the city of New York, and at such other places in the United States, Nicaragua, or elsewhere, as they may designate, who shall receive all subscriptions for stock; and no stock shall be transferable except upon the books of the company provided for that purpose. The said incorporators shall give thirty days' notice of the time and place of the opening of said books, by publication in one daily newspaper in New York City, and one newspaper in Managua, Nicaragua, and one in San José, Costa Rica, if the said canal should be in part in the territory of that Republic. Sixty days' previous notice shall be given of the payment required of the time and place of payment by publication in one daily newspaper in the city of New York and in one newspaper in Managua, Nicaragua, and one in San José, Costa Rica, if the said canal should be in part in the territory of that Republic; and in case any stockholder shall neglect or refuse to pay, in pursuance of such notice, the stock held by him may be sold to the highest bidder for cash, according to the regulations to be made therefor in the bylaws of said company. The directors hereinafter provided for may adopt regulations and by-laws not inconsistent with the provisions of this act. All shares, stocks, bonds, certificates, or other securities which the company may issue to raise the corporate capital shall be executed and issued at the principal office in the city of New York. By-laws, etc. Certificates not to be SEC. 3. That no certificates for stock, except as otherwise provided issued until ten per in this act, shall be issued till at least ten per centum of the par valu thereof shall be fully paid for, in money, and such money deposited cent. paid in. in the treasury of said company; and there shall be at least one million dollars in money paid on such subscriptions into the treasury of said company within one year from the passage of this act; and said company is hereby prohibited from returning or repaying any part of the money so paid. No part of the capital stock paid in shall be at any time withdrawn or returned to the stockholders or in any manner diverted from the proper uses of the corporation. Any violation of the provisions of this section shall subject this charter to forfeiture. SEC. 4. That the affairs of the said company shall be managed by Board of directors. a board of directors, fifteen in number, who shall hold their office for three years and until their successors are duly chosen and qualified, and a majority of whom shall be citizens and residents of the United States. At the first election five shall be chosen by the stockholders for one year, five for two years, and five for three years, and at each annual election thereafter five shall be chosen by the stockholders for three years. The said board shall elect from its number President. a president who shall be a citizen and resident of the United States, and one or more vice-presidents of the company, who shall also be citizens and residents of the United States, who shall hold office for such terms as the by-laws of said board may provide and until their successors are duly elected and shall have qualified. Directors to make by-laws, etc. holders. SEC. 5. That for the management and disposition of the stock, property, estate, and effects of the said company the board of directors may make such by-laws, rules, and regulation as may conform to the authority granted in such canal concession or concessions, and not be inconsistent with this act or the laws of the United States or the existing treaty stipulations of the United States with the Government of Nicaragua or of Costa Rica, if the said canal should be in part in the territory of that Republic; and may fix the time for election of directors, and in case of vacancy in said board, caused by death, resignation, or otherwise, may fill the same. No person shall Directors to be stockbe a director who is not a stockholder, and any one ceasing to be a stockholder shall cease to be a director. All meetings of stockholders shall be held at the office of the company in the city of New York, and at least one such meeting shall be held in each year; but failure to elect directors on the day appointed by said by-laws shall not be deemed to dissolve said company, but such election may be holden on any day appointed thereafter by the directors first giving thirty days' notice thereof, in manner aforesaid. The directors, of whom eight, including the president, shall be a quorum, shall have full power touching the election or appointment of all officers of the company, and said officers shall hold office at the will and pleasure of said board. Meetings to be in New York City. SEC. 6. Said company shall make a report on the first Monday of Reports. December in each year, to the Secretary of the Interior, which shall be duly verified on oath by the President and Secretary thereof giving such detailed statement of its affairs, and of its assets and liabilities, as may be required by the Secretary of the Interior, and any wilfully false statement so made shall be deemed perjury and punishable as such. And it shall be the duty of the Secretary of the Interior to require such annual statement and to prescribe the form thereof and the particulars to be given thereby. paired. SEC. 7. Nothing in this act contained shall be deemed or construed Treaty rights not imto in any wise restrict or impair any right of the United States under any treaty in force with the Republic of Nicaragua. SEC. 8. That Congress shall at all times have the power to alter, amend, or repeal this act, when in its judgment the public good may so require. This act shall expire and be of no force or effect at the end of three years unless the construction of said canal shall be commenced and prosecuted in good faith within that time. Approved, February 20, 1889. Amendment, etc. Commencement and prosecution. |