Imágenes de páginas

from the passage of this act, be transferred to the Treasurer of the United States, who shall become the custodian thereof;

R. S., 3659. 1874, June 20, ch. 388, par. 2; 1880. April 1, ch. 41. 1880, May 11, ch. 85, § 6.

Treaurer to col

tary of Interior.

to make future

And it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, &c., and deposit the same in the Treasury of lect interest and the United States, and to issue certificates of deposit therefor, in favor pay over to Secreof the Secretary of the Interior, as trustees for various Indian tribes. And the Treasurer of the United States shall also become the custodian of all bonds and stocks which may be purchased for the benefit of any purchases and Indian tribe or tribes after the transfer of funds herein authorized, and R. S., § 2095shall make all purchases and sales of bonds and stocks authorized by 2097, 3659. treaty-stipulations or by acts of Congress when requested so to do by the Secretary of the Interior:



without affect

Provided, That nothing in this act shall in any manner impair or affect the supervisory and appellate powers and duties in regard to Indian ing supervisory affairs which may now be vested in the Secretary of the Interior as powers of Secretary of Interior. trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as herein before mentioned. [June 10, 1876.]


June 19, 1876.

19 Stat. L., 59.

Evidence in cases of complaint, &c., for extradition of fugitives from jus

AN ACT TO AMEND IN SECTION FIFTY-TWO HUNDRED AND SEVENTY-ONE OF THE REVISED STATUTES OF THE UNITED STATES, RELATING TO EXTRADITION. Evidence in cases of complaint, &c., for extradition of fugitives from justice from foreign countries. Be it enacted, &c., That section fifty-two hundred and seventy-one of the Revised Statues be amended so as to read as follows: (1) "In every case of complaint and of a hearing upon the return of the warrant of arrest, any depositions, warrants, or other papers offered in tice from foreign evidence, shall be admitted and received for the purpose of such hearing countries. Substiif they shall be properly and legally authenticated so as to entitle them tute for. to be received as evidence of the criminality of the person so apprehended, by the tribunals of the foreign country from which the accused party shall have escaped, and copies of any such depositions, warrants or other papers, shall, if authenticated according to the law of such foreign country, be in like manner received as evidence;

And the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any such deposition, warant or other paper, or copy thereof, is authenticated in the manner required by this section." [June 19, 1876.]

NOTE. (1) This act has been incorporated into the second edition of the Revised Statutes in § 5271.

R. S., § 5271.
14 Howard, 103.
5 Blatch., 414.

7 Blatch., 345.
14 Blatch., 137.
4 Dill., 412, 416.



Act extended to settlers under act to encourage

Time extended to pre-emptors, &c., for making
proof where crops have been destroyed by grass- growth of timber.

June 19, 1876.

19 Stat. L., 59.

Be it enacted, &c., That all the rights and privileges granted by "An Time extended to act for the relief of certain settlers on the public lands, approved De- pre-emptors, &c., cember twenty-eight, one thousand eight hundred and seventy-four, are where crops have for making proof hereby extended for one year after the expiration of the time named in been destroyed by said act.

1874, Dec. 28, ch. 10.

Act extended to

to encourage

And all the rights and privileges extended by this act to homestead settlers under act and preemption settlers, shall apply to, and include, the settlers under growth of timber. an act entitled "An Act to encourage the growth of timber on western R. S., § 2317, prairies," approved March third, eighteen hundred and seventy-three and the acts amendatory thereof.(1) [June 19, 1876.]

1879, July 1, ch.


NOTE. (1) The act of 1873, ch. 277 (17 Stat. L., 605), here referred to, is incorporated in the Revised
Statutes in the sections noted in the margin.

June 20, 1876.

19 Stat. L., 60.



Bonds of partnerships for payment of customs duties may be executed by one member in name of firm. Bonds of partBe it enacted, &c., That when any bond is required by law to be exenerships for pay- cuted by any firm or partnership for the payment of duties upon goods, ment of customs wares or merchandise, imported into the United States by such firm or duties may be exe- partnership, the execution of such bond by any member of such firm or cuted by one member in name of firm. partnership, in the name of said firm or partnership, shall bind the other R. S., §§ 2776- members or partners thereof, in like manner and to the same extent, as 2778, 2825, 2842, if such other members or partners had personally executed the same. And any action or suit may be instituted on such bond against all the members or partners of such firm, as if all of the members or partners had executed the same. [June 20, 1876.]


June 20, 1876. 19 Stat. L., 60.

Cheboygan made port of delivery, instead of Duncan City. R. S., § 2599, par. 1.



Cheboygan made port of entry instead of Duncan City.

Be it enacted, &c., That Cheboygan, in the State of Michigan, being within the collection district of Michigan, be, and the same hereby is, declared a port of delivery instead of Duncan City; and the office of deputy collector now located at Duncan City be, and the same is hereby, removed to Cheboygan. And all acts and parts of acts declaring Duncan City a port of entry are hereby repealed. [June 20, 1876.]

June 26, 1876. 19 Stat. L., 61.

Number of assist



Number of assistant surgeons in Army.
Medical storekeeper abolished.

Additional grade of surgeons established.

Be it enacted, &c., That the number of assistant surgeons now allowed ant surgeons in Ar- by law shall be reduced to one hundred and twenty-five;


R. S., § 1168.

Medical storekeepers abolished. Additional grades of surgeons

R. S., § 1168.

That the office of medical storekeeper is hereby abolished;

That from and after the passage of this act, in addition to the grades now allowed by law, there shall be four surgeons with the rank, pay, and emoluments of colonel; eight surgeons with the rank, pay and emoluments of lieutenant-colonels, to be promoted by seniority from the medical officers of the Army;

That this shall not be construed to deprive any medical officer or storekeeper now in office of his commission in the United States Army. [June 26, 1876.]




1. Colorado: subject to laws of United States. -to constitute a judicial district, with a judge, marsbal, and district attorney.

-part of eighth judicial circuit.

-circuit and district courts in, when and where held, and juries for.

2. Jurisdiction of circuit and district courts in. 3. Salary of district judge.

4. Marshal, district attorney, clerk of courts, and other officers of courts in.

Be it enacted, &c.


5. Appeals from, and writs of error in Supreme
Court of United States.

Succession to supreme court of Territory.

6. Judgment of supreme court of Territory; how
appealed from, &c.

7. District judge of Nebraska to act tempora-

8. Transfer of cases from Territorial courts to
district and circuit courts.

June 26, 1876.

19 Stat. L., 61.

Colorado subject

[SECTION 1], That when the State of Colorado shall be admitted into the Union, according to the provisions of the act entitled "An act to to laws of United States. enable the people of Colorado to form a constitution and State govern1875, March 3, ment, and for the admission of said State into the Union on an equal ch.139. footing with the original States," approved March third, eighteen hundred and seventy-five, (1) the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States;

And said State shall constitute one judicial district, to be called the district of Colorado; and for said district a district judge and a marshal and a district attorney of the United States shall be appointed by the President, by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for similar officers in the other States, except as herein otherwise provided;

4 Dillon, 251.

to constitute a judicial district, with a judge, marshal, and district attorney.


R. S., § 530.
1879, Feb. 15, ch.

And said district of Colorado shall be attached to, and constitute a part of eighth part of, the eighth judicial circuit;

judicial circuit. R. S., § 604. district-circuit and district courts in;

And a term of the circuit court and district court for said shall be held at Denver in said State on the first Tuesday of July and the first Tuesday of December in each year.

And one grand jury and one petit jury only shall be summoned and serve in both of said courts.

when and where held, and juries for. R. S., $572, 658. 1880, April 20, ch. 58.

Jurisdiction of

circuit and district

courts in.

R. S., §§ 563, 629.

SEC. 2. That the circuit and district courts for the district of Colorado, and the judges thereof respectively, shall possess the same powers and jurisdiction, and perform the same duties possessed and required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. SEC. 3. That the district judge appointed for the district of Colorado shall receive as his compensation the sum of three thousand five hun- judge. dred dollars a year, payable in four equal installments on the first days of January, April, July, and October of each year.

SEC. 4. That the marshal, district attorney, and the clerk of the circuit and district courts of said district of Colorado, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to other similar officers and persons performing similar duties by the laws of the United States, excepting such provisions thereof as are specially applicable to some particular officer or district.

Salary of district

R. S., § 554.

Marshal, district attorney, clerk of courts, and other

officers of courts in. R. S., §§ 555, 619, 627,776, 824-829.

SEC. 5. That all cases of appeal or writ of error heretofore prose- Appeals from and cuted and now pending in the Supreme Court of the United States writs of error in upon any record from the supreme court of the Territory of Colorado, United States. Supreme Court of or that may hereafter be lawfully prosecuted from said court, may be R. S., § 702. heard and determined by the Supreme Court of the United States, and the remand of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district

NOTE. (1) The President issued his proclamation August 1, 1876, hereinafter printed, 1876, No. 6, declaring the admission of Colorado as a State into the Union.

Succession to supreme court of Territory.

court of the district of Colorado, or to the supreme court of the State of Colorado, as the nature of the case may require;

And each of said last-mentioned courts shall be the successor of the supreme court of Colorado Territory as to all such cases, with full power to proceed with the same and to award mesne or final process therein. Judgments of su- SEC. 6. That from all judgments and decrees of the supreme court of preme court of Ter- the Territory of Colorado prior to its admission as a State, the parties ritory; how ap- to such judgments shall have the same right to prosecute appeals and pealed from, &c. writs of error to the Supreme Court as they shall have had by law prior to the admission of said State into the Union.

Transfer of cases

courts to district and circuit courts.

District judge of SEC. 7. That until the judge for said district of Colorado shall be Nebraska to act duly appointed and qualified, the district judge of the United States temporarily. for the district of Nebraska shall act as the district judge of the dis trict of Colorado, and shall have and exercise the same jurisdiction and powers in the district hereby created as he has in the district of Nebraska. SEC. 8. That in respect of all cases, proceedings, and matters pending from Territorial in the supreme or district courts of the Territory of Colorado at the time of the admission of said State into the Union, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had said courts existed at the time of the commencement of such cases, the said circuit and district courts respectively shall be the successors of said supreme and district courts of said Territory; and all the files, records and proceedings relating thereto shall be transferred to said circuit and district courts respectively, and the same shall be proceeded with therein in due course of law. [June 26, 1876.]

4 Dillon, 264, 265.

June 29, 1876.

19 Stat. L., 62.

District courts in




District courts in Washington Territory have jurisdiction in all cases under laws of United States. Be it enacted, &c., That section one thousand nine hundred and eleven Washington Terri- of the Revised Statutes of the United States be amended by inserting tory have jurisdic- the words "and laws" after the word "Constitution" in the latter clause tion in all cases of said section. (1) [June 29, 1876.]

under laws of Uni

ted States.

R. S., § 1911.

NOTE. (1) This amendment has been incorporated in the proper section in the second edition of the
Revised Statutes.

June 30, 1876.

19 Stat. L., 63.




1. Receiver may be appointed when national
bank violates any provision of law or neg
lects for thirty days to pay a judgment, or
becomes insolvent.

2. Individual liability of shareholders in case of
liquidation; how enforced.

3. When bank in hands of receiver has paid all
creditors, &c., stockholders may elect agent
to manage its affairs and effects of bank to
be turned over to him.

Powers of agent.

Be it enacted, &c.


Votes for agent on shares of deceased owners, how given.

4. Sale of stock of shareholder refusing to pay


5. Disbursing officers and bank officers to stamp counterfeit, altered, and worthless notes.

6. Savings and trust companies under United States laws to make and publish reports. -in District of Columbia to be subject to national banking laws.

Receiver may be appointed when [SECTION 1], That whenever any national banking association shall national bank vio- be dissolved, and its rights, privileges, and franchises declared forfeited, lates any provision of law, or neglects as prescribed in section fifty-two hundred and thirty-nine of the Revised for thirty days to Statutes of the United States, or whenever any creditor of any national pay a judgment, or banking association shall have obtained a judgment against it in any R. S., $$ 5234, Court of record, and made application, accompanied by a certificate from the clerk of the court stating that such judgment has been rendered and

becomes insolvent.


has remained unpaid for the space of thirty days, or whenever the
Comptroller shall become satisfied of the insolvency of a national bank-
ing association, he may, after due examination of its affairs, in either
case, appoint a receiver, who shall proceed to close up such association,
and enforce the personal liability of the shareholders, as provided in
section fifty-two hundred and thirty-four of said statutes.

R. S., §§ 5151, 5220.

SEC. 2. That when any national banking association shall have gone Individual liainto liquidation under the provisions of section five thousand two hun- bility of shareholddred and twenty of said statutes, the individual liability of the share-ers in case of liquidation; how enholders provided for by section fifty-one hundred and fifty-one of said forced. statutes may be enforced by any creditor of such association, by bill in equity, in the nature of a creditor's bill, brought by such creditor on behalf of himself and of all other creditors of the association, against the shareholders thereof, in any court of the United States having original jurisdiction in equity for the district in which such association may have been located or established.

When bank in

turned over to him.

SEC. 3. That whenever any association shall have been or shall be placed in the hands of a receiver, as provided in section fifty two hun- hands of receiver has paid all creditdred and thirty-four and other sections of said statutes, and when, as ors, &c., stockprovided in section fifty-two hundred and thirty-six thereof, the Comp holders may elect troller shall have paid to each and every creditor of such association, agent to manage not including shareholders who are creditors of such association, its affairs, and efwhose claim or claims as such creditor shall have been proved or allowed fects of bank to be as therein prescribed, the full amount of such claims and all expenses R. S., § 5141, of the receivership, and the redemption of the circulating notes of such 5191, 5194, 5201, association shall have been provided for by depositing lawful money of 5234, 5236 the United States with the Treasurer of the United States, the Comptroller of the Currency shall call a meeting of the shareholders of such association by giving notice thereof for thirty days in a newspaper published in the town, city, or county where the business of such association was carried on, or if no newspaper is there published, in the newspaper published nearest thereto, at which meeting the shareholders shall elect an agent, voting by ballot, in person or by proxy, each share of stock entitling the holder to one vote;

And when such agent shall have received votes representing at least a majority of the stock in value and number of shares, and when any of the shareholders of the association shall have executed and filed a bond to the satisfaction of the Comptroller of the Currency, conditioned for the payment and discharge in full of any and every claim that may hereafter be proved and allowed against such association by and before a competent court, and for the faithful performance and discharge of all and singular the duties of such trust, the Comptroller and the receiver shall thereupon transfer and deliver to such agent all the undivided or uncollected or other assets and property of such association then remaining in the hands or subject to the order or control of said Comptroller and said receiver, or either of them;

And for this purpose, said Comptroller and said receiver are hereby severally empowered to execute any deed, assignment, transfer, or other instrument in writing that may be necessary and proper; whereupon the said Comptroller and the said receiver shall, by virtue of this act, be discharged and released from any and all liabilities to such associations, and to each and all of the creditors and shareholders thereof;

And such agent is hereby authorized to sell, compromise, or compound the debts due to such association upon the order of a competent court of record or of the United States circuit court for the district where the business of the association was carried on.

Such agent shall hold, control, and dispose of the assets and property of any association which he may receive as herein before provided for the benefit of the shareholders of such association as they, or a majority of them in value or number of shares, may direct, distributing such assets and property among such shareholders in proportion to the shares held by each; and he may, in his own name or in the name of such asso

Powers of agent.

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