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CHAP. CCLI. — An Act to regulate the Sale of Hay in the District of Columbia. July 27, 1868.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all hay and straw, which Sale of hay may be sold by weight in the District of Columbia, shall be sold by the and straw in the
of Conet hundred, and every twenty hundred pounds net weight shall be Sec. 2. And be it further enacted, That this act shall take effect from
When act and after its passage.
APPROVED, July 27, 1868.
CHAP. CCLII. . An Act to incorporate the Evening Star Newspaper Company, of July 27, 1868.
Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Crosby S. Noyes, Clar- Evening Star ence B. Baker, Alexander R. Shepherd, George W. Adams, and Samuel Company incorH. Kauffman, and their associates and successors, are hereby created and porated. declared a body corporate and politic by the name and style of the Evening Star Newspaper Company, of Washington, for the purpose of carrying on the business of printing and publishing at the city of Washington, in the District of Columbia, and shall and may have perpetual succession, and be empowered in law to contract and be contracted with, to sue and Powers, &c. be sued, plead and be impleaded, answer and be answered, defend and be of corporation. defended in all courts of law and equity, and els[e]where, to make and use a common seal, and to change, alter, or renew the same at their pleasure, to adopt by-laws, issue certificates of stock, and generally to do and perform all things relative to the objects of their corporation, which is now and shall be lawful for any individual or body politic or corporate to do.
Sec. 2. And be it further enacted, That the affairs of said company Directors, shall be managed by a board of directors consisting of not less than five quorum. members or stockholders, three of whom shall constitute a quorum ; and the officers thereof shall consist of a president, vice-president, secretary,
Officers. and treasurer, who, with such other stockholders as may be added by the board, shall constitute an executive committee, which may, when the board of directors are not in session, exercise all the powers vested in the company, (except as may be otherwise provided by the board of directors in the by-laws of the company,) and a majority of the same shall constitute a quorum.
Sec. 3. And be it further enacted, That the capital stock of the Capital stock company shall not be less than one hundred thousand dollars, nor more than two hundred thousand dollars, in shares of one thousand dollars each ; and every stockholder shall be entitled to one vote at the elections Votes. of the company for every share therein by him or her owned ; and a plurality of votes cast at any election shall elect.
Sec. 4. And be it further enacted, That the company shall have Real estate power to hold real estate suitable and proper for the conduct of its business; and the directors thereof shall have power to declare such divi Dividends. dends of the profits of the company as they may deem proper.
Sec. 5. And be it further enacted, That the stockholders in said Individual liar company shall be individually liable for the debts of the company to the bility of stockextent of the stock held by them respectively, at its par value. Sec. 6. And be it further enacted, That Congress may at any time
Act may be
altered. alter, amend, or revoke the said corporation.
APPROVED, July 27, 1868.
July 27, 1868. CHAP. CCLIII. - An Act to authorize the City of Washington to issue Bonds for the
Purpose of paying the floating Debt of the City. Be it enacted by the Senate and House of Representatives of the United City of Wash- States of America in Congress assembled, That the city of Washington be, ington may issue not over $ 800,
and hereby is, authorized to issue, by vote of its councils, registered or 000 of bonds to coupon bonds in denominations of fifty dollars, one hundred dollars, five pay. its floating hundred dollars, and one thousand dollars, payable in ten years from the
Denomination, date of issue, bearing interest at the rate of six per centum per annum, interest, &c.
payable semiannually ; principal and interest payable in lawful money Bonds, how to of the United States. Said bonds shall be signed by the mayor and where payable; countersigned by the register of the city, and shall be payable at such
place or places as may by them be deemed expedient, and may be issued and disposed of to an amount sufficient to pay and discharge the present
floating debt of the city, not, however, to exceed the sum of eight hundred not to be sold, thousand dollars : Provided, That said bonds shall not be sold for less for less than par, than their par value in lawful money of the United States, or in exchange .
for said matured and liquidated indebtedness : Provided also, That no greater amount of said bonds shall be disposed of than may be found
necessary for the payment of said indebtedness. Interest and Sec. 2. And be it further enacted, That it shall be the duty of the city sinking fund for redemption to be councils upon issuing the bonds herein authorized, to provide by taxation provided for by for the prompt payment of the interest thereon ; also to provide for the taxation.
redemption of the said bonds by establishing a sinking fund to be set apart annually to an amount not exceeding ten per centum of the amount of bonds issued, said sinking fund to be created from regular taxes levied
for that purpose, and to be assessed and collected as other taxes. Necessary or
Sec. 3. And be it further enacted, That the said city councils are dinances may be passed.
hereby authorized to pass any and all ordinances which may be necessary to carry into effect the provisions of this act, and all acts or parts of acts inconsistent with this act are hereby repealed.
APPROVED, July 27, 1868.
July 27, 1868. CHAP. CCLIV. - An Act to amend Section one of "An Act to prevent and punish 1863, ch. 76, $ 1. Frauds upon the Revenue, and for other Purposes," approved March third, eighteen hunVol. xii. p. 737.
dred and sixty-three.
Be it enacted by the Senate and House of Representatives of the United Declaration to States of America in Congress assembled, That the act entitled “ An act truth of invoices to prevent and punish frauds upon the revenue, to provide for [the] more may be made to, certain and speedy collection of claims in favor of the United States, and &c.
for other purposes,” approved March third, eighteen hundred and sixtythree, be, and the same is hereby, amended by adding to section one thereof an additional proviso, as follows: And provided further, That in case of goods, wares, and merchandise, imported from a foreign country adjacent to the United States, the declaration in this section hereinbefore required may be made to, and the certificate endorsed by, the consul, viceconsul, or commercial agent, at or nearest to the port or place of clearance for the United States.
APPROVED, July 27, 1868.
July 27, 1868. CHAP. CCLV. – An Act supplementary to an Act entitled "An Ad to allow the 1863,
ch. 50. United States to prosecute Appeals and Writs of Error, without giving Security," and Vol. xii. p. 657. for other Purposes.
Be it enacted by the Senate and House of Representatives of the United The United States of America in Congress assembled, "That the provisions of the act States may pro- entitled An act to allow the United States to prosecute appeals and writs secute appeals, &c. to circuit of error without giving security," approved February twenty-one, eighwithout
teen hundred and sixty-three, be, and the same hereby are, extended to security for costs.
writs of error, appeals, or other process in law, admiralty or equity, issuing from or brought up to a circuit court of the United States.
Sec. 2. And be it further enacted, That any corporation, or any mem- Suits in State ber thereof, orther (other) than a banking corporation, organized under courts against a law of the United States, and against which a suit at law or in equity cept, &c. may has been or may be commenced in any court other than a circuit or dis- be removed to
United States trict court of the United States, for any liability or alleged liability of
courts for cersuch corporation, or any member thereof as such member, may have such tain reasons. suit removed from the court in which it may be pending, to the proper circuit or district court of the United States, upon filing a petition therefor, verified by oath, either before or after issue joined, stating they have a defence arising under or by virtue of the Constitution of the United States, or any treaty or law of the United States, and offering good and sufficient surety for entering in such court on the first day of its session, copies of all process, pleadings, dispositions, testimony, and other proceedings in said suit, and doing such other appropriate acts as are required to
Practice in be done by the act entitled “ An act for the removal of causes in certain such cases. cases from State courts," approved July twenty-seventh, eighteen hundred 1866, ch. 288. and sixty-six; and it shall be thereupon the duty of the court to accept Vol. xiv. p. 306. the surety and proceed no further in the suit; and the said copies being entered as aforesaid in such court of the United States, the suit shall then proceed in the same manner as if it had been brought there by origidal process, and all the provisions of said act in this section referred to, respecting any bail, attachment, injunction, or other restraining process, and respecting any bond of indemnity or other obligation given upon the issuing or granting of any attachment, injunction, or other restraining process, shall apply with like force and effect in all respects to similar matters, process, or things in the suits for the removal of which this act provides.
APPROVED, July 27, 1868.
CHAP. CCLVI. - An Ad to protect the Rights of actual Settlers upon the public July 27, 1868.
Lands of the United States. Be it enacted by the Senate and House of Representatives of the United Not over three States of America in Congress assembled, That in no case shall more than sections of pubthree sections of public lands of the United States be entered in any one township to be township by scrip issued to any State under the act approved July second, entered by agrieighteen hundred and sixty-two, for the establishment of an agricultural cultural college
land scrip college therein.
1862, ch. 180. APPROVED, July 27, 1868.
Vol. xii. p. 603.
CHAP. CCLVII. An Act changing the Ports of Entry from Plymouth to Edenton, in July 27, 1868.
North Carolina, and Port Royal to Beaufort, in South Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the port of entry in Edenton, N.C. the Albemarle collection district be removed from Plymouth to Edenton, ac. made ports de
S. North Carolina, and also that Beaufort, in South Carolina, be created a entry. port of entry in lieu of Port Royal, which is hereby abolished as a port Port Royal,
abolished as a
port of entry. APPROVED, July 27, 1868.
CHAP. CCLVIII. — An Act in Amendment of an Act entitled “ An Act to establish a July 27, 1868.
uniform System of Bankruptcy throughout the United States," approved March second, 1867, ch. 176. eighteen hundred and sixty-seven.
Vol. xiv. p. 517. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of In proceedings second clause of the thirty-third section of said act shall not apply to the in bankruptex cases of proceedings in bankrup[t]cy commenced prior to the first day of Jan. 1, 1869, disJanuary, eighteen hundred and sixty-nine, and the time during which the charges not to be
granted to debtor
whose assets do operation of the provisions of said clause is postponed shall be extended not pay fifty per until said first day of January, eighteen hundred and sixty-nine. And , , &
said clause is hereby so amended as to read as follows: In all proceedings in bankruptcy commenced after the first day of January, eighteen hundred and sixty-nine, no discharge shall be granted to a debtor whose assets shall not be equal to fifty per centum of the claims proved against his estate upon which he shall be liable as the principal debtor, unless the assent in writing of a majority in number and value of his creditors to whom he shall have become liable as principal debtor, and who shall have proved their claims, be filed in the case at or before the time of the hear
ing of the application for discharge. Amendments to bankruptcy
SEC. 2. And be it further enacted, That said act be further amended act, sections 14, as follows: The phrase "presented or defended,” in the fourteenth sec22, 39, 42, 44, 47. tion of said act shall read “ prosecuted or defended ”; the phrase “ non
resident debtors ” in line five, section twenty-two, of the act as printed in the Statutes at Large, shall read “non-resident creditors "; that the word “or” in the next to the last line of the thirty-ninth section of the act shall read "and"; that the phrase "section thirteen” in the forty-second section of said act shall read “section eleven”; and the phrase "or spends any part thereof in gaming" in the forty-fourth section of said act shall read“ or shall spend any part thereof in gaming ”; and that the words “ with the senior register, or” and the phrase “ to be delivered to
the register ” in the forty-seventh section of said act be stricken out. Registers may Sec. 3. And be it further enacted, That registers in bankruptcy administer cer- shall have power to administer oaths in all cases and in relation to all
matters in which oaths may be administered by commissioners of the cirCommission- cuit courts of the United States, and such commissioners may take proof proof of debts
, of debts in bankruptcy in all cases, subject to the revision of such proofs subject, &c. by the register and by the court according to the provisions of said act.
APPROVED, July 27, 1868. .
July 27, 1668. CHAP. CCLIX. - An Act to transfer to the Department of the Interior certain Powers
and Duties now exercised by the Secretary of the Treasury in Connection with Indian Affairs.
Be it enacted by the Senate and House of Representatives of the United The supervis. States of America in Congress assembled, That the powers and duties deory and appel-te volving upon the Secretary of the Treasury, under and by virtue of the
to Indian affairs, fourth section of the act entitled “ An act making appropriations for the &c. now vested current and contingent expenses of the Indian Department, and for fulin the Frenetary filling treaty stipulations with the various Indian tribes for the year endto be exercised" ing June thirtieth, eighteen hundred and forty-nine, and for other purby the Secretary poses," approved July twenty-ninth, eighteen hundred and forty-eight, 1848, ch. 118, $ 4. and the powers and duties devolving upon him under and by virtue of the Vol. ix. p. 264. laws relating to the investment of the moneys in behalf of the Cherokee
Indians, from the sales of land under the treaties concluded at Pontotoc, Vol. vii. p. 385. October twentieth, eighteen hundred and thirty-two, and at Washington Vol. vii. p. 454. City, May twenty-fourth, eighteen hundred and thirty-four, as also all
other supervisory and appellate powers and duties in regard to Indian affairs, which may now by law be vested in the said Secretary of the Treasury, shall from and after the passage of this act be exercised and
performed by the Secretary of the Department of the Interior. Census to be Sec. 2. And be it further enacted, That the Secretary of the Interior taken of Eastern shall cause a new roll or census to be made of the North Carolina or Cherokees, on which payments
Eastern Cherokees, which shall be the roll upon which payments due said shall be made. Indians shall be made.
Commissioner Sec. 3. And be it further enacted, That hereafter the Secretary of the of Indian affairs Interior shall cause the commissioner of Indian affairs to take the same Eastern Chero- supervisory charge of the Eastern or North Carolina Cherokees as of kees.
other tribes of Indians.
APPROVED, July 27, 1868.
CHAP. CCLX. - An Act to provide for an American Line of Mail and Emigrant Pas- July 27, 1868.
senger Steamships between Nero York and one or more European Poris. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster-General Postmasteris empowered and hereby authorized to contract with the Commercial General may Navigation Company of the State of New York, a corporation existing Commercial under the laws of the State of New York, under a special charter passed Navigation Comby the legislature of said State under the date of April twenty-three, &c. conveyance' eighteen hundred and sixty-six, for the weekly or semi-weekly convey- of mails of the ance of all European and foreign mails of the United States between United States
between New New York and Bremen, touching at Southampton, England, or Liverpool, York and touching at Queenstown, in first-class sea-going steamships, to be con- Breinen, touchstructed in the United States and owned by said company, for a term not ing at Southexceeding fifteen years, in the manner and on the conditions hereinafter Class of vesstated.
sels, where to be
built, and term Sec. 2. And be it further enacted, That the said navigation company of contract. shall, with a purpose of performing the above service, build, contract, and Seven firstfit out, within one year from the passage of this act, at least seven first-class steamships class sea-going steamships, five of which shall not be of less than three what tonnage, thousand tons each, government measurement, and two others of not less and within what
time; than two thousand tons each, all of which vessels shall be constructed in the best manner, under the supervision and inspection of the American Lloyds, or, if ordered by the Postmaster-General, under the inspection of the most competent engineer, to be detailed for this purpose by the Secretary of the Navy, upon a written application of the Postmaster-General, so that when completed each vessel shall be of the first class in every respect, and with all known modern improvements in model, machinery, and outfit, so as to secure the greatest possible speed and safety; which steam:hips, when so constructed, shall be organized into and compose the to compose United States mail steamship line, for the proper conveyance of mails and the United States passengers, as hereinafter provided ; the time of sailing, and all other Line for the condetails, to be arranged and agreed upon between the said company and veyance of mails the Postmaster-General, with power to modify such agreements, from time and passengers. to time, as may best promote the object in view : Provided, That no let Letters, &c. ters or mail matter shall be detained for the purpose of being sent by not to be dethis line: And provided further, That the average rate of speed of the tained to be sent steamships of the said navigation company shall not be less than that of Rate of speed; the steamships of other lines upon the same or similar routes, and if for if not attained, the space of three months the trips successively of the steamships of said contract may company shall be made in longer time than that employed by other steamships as aforesaid, then any contract made under the provisions of this act shall cease and determine at the pleasure of the government of the United States.
Sec. 3. And be it further enacted, That the compensation for carrying Compensation and transporting the mails by sea, as herein provided, shall be agreed not to exceed upon, and shall be in conformity with the act of Congress, approved June 1868, ch. 164. fourteen, eighteen hundred and fifty-eight, and shall in no event or con- Vol. xi. p. 364. tingency exceed the sum therein provided, being all postage on letters, newspapers, and all other matter transported by or in the mails carried by said navigation company, shall belong to said company, and shall be paid to be paid to to said navigation company quarterly, or applied to their use or benefit, the company
quarterly. as hereinafter provided : Provided, That when the receipts of said navi- When sea gation company from sea postages, under any contract to be made in pur- postages exceed suance of this act, shall equal or exceed the sum of four hundred thou- $ 400,000 a year, sand dollars per annum, then the right of said company to receive the receive inland inland postages shall cease and determine, and said company shall only postages, nor sea receive the sea postages : Provided, That such postages shall not exceed postages beyond
$600,000. six hundred thousand dollars per annum, after the discontinuance of said inland postage.