PUBLIC ACTS OF THE FORTIETH CONGRESS UNITED OF THE STATES, Passed at the Third Session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the seventh day of December, A. D. 1868, and was adjourned without day on Thursday, the fourth day of March, A. D. 1869. ANDREW JOHNSON, President. BENJAMIN F. WADE, President of the Senate. SCHUYLER COLFAX, Speaker of the House of Representatives, until the third day of March, A. D. 1869, on which day he resigned, and THEODORE M. POMEROY was elected Speaker, and so acted for the remainder of the session. CHAP. II. An Act providing for the Sale of the Lands, Tenements, and Water Privi- Dec. 15, 1868. leges belonging to the United States at and near Harper's Ferry, in the County of Jefferson, West Virginia. to at Harper's Ferry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be,Secretary of and he is hereby, authorized and directed to make sale at public auction auction the of the lands, tenements, and water privileges belonging to the United property of the States, at and near Harper's Ferry, in the county of Jefferson, West Vir- United States at ginia, except as hereinafter provided, in such parcels as shall, in his opinion, be best adapted to secure the greatest amount of money therefor, on a credit of one and two years, taking bond and security from the purchaser or purchasers for the payment of the purchase-money; and that the proceeds of such sale shall be applied by him as follows: Provided, That no such sale shall be made until the time, terms, and place thereof shall have been published in one of the principal newspapers in each of the cities of Washington, New York, and Cincinnati for sixty days prior to the day of sale : First, in defraying the expenses of making said sale. Terms of sale. Advertisement in newspapers. Proceeds of plied. Second, in refunding to the United States the principal sum of purchase- sale, how apmoney paid for said lands, tenements, and water privileges by the United States, and for the erection of buildings thereon. Surplus to go to West Virginia fund of the State. as part of school Third, if any surplus remain, he shall deliver the same to such agent as the legislature of the State of West Virginia shall appoint to receive the same; but upon condition that such surplus shall be received by the State of West Virginia, to be set apart, held, invested, used, and applied as a part of the school fund of that State, under and by virtue of, and in manner and form as provided in section first of the tenth article of the constitution of West Virginia, and for no other purpose. And on making such sale of the said lands, tenements, and water privileges, or any part thereof, the War to execute said Secretary of War is hereby empowered and required, on receiving the purchase-money in full, to execute all necessary deeds therefor to the purchaser or purchasers thereof, on behalf of the United States. Secretary of deeds. Secretary of SEC. 2. And be it further enacted, That the Secretary of War be authorWar to convey ized and directed to convey by deed to Storer College, an institution of portions to Storer College; learning chartered by the State of West Virginia, all those certain portions of the aforesaid property, namely: the buildings, with the lots on which they stand, numbered thirty, thirty-one, and thirty-two, and also building numbered twenty-five, with enough of the lot on which it stands to give a breadth of ten rods on High Street, otherwise known as Washington Street, all of said buildings and lots being situated at Harper's Ferry aforesaid, being the same which have heretofore been assigned by the War Department to the bureau of refugees, freedmen, and and other por- abandoned lands, for educational purposes; and also to convey by deed to the proper persons all such other lands and buildings, portions of the aforesaid property, as have heretofore been set apart by the proper authority for religious, charitable, and town purposes. tions to other persons. Dec. 22, 1868. 1868,ch.186, § 78. Ante, p. 159. After Feb. 1, 1869, manufactured tobacco not to be sold, &c. unless, &c. APPROVED, December 15, 1868. CHAP. IV. — An Act to amend an Act entitled "An Act imposing Tares on distilled Spirits and Tobacco, and for other Purposes," approved July twentieth, eighteen hundred and sixty-eight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the seventy-eighth section of "An act imposing taxes on distilled spirits and tobacco, and for other purposes," approved July twentieth, eighteen hundred and sixty-eight, be, and the same is hereby, amended by striking out the words "first day of January," wherever they occur in said section, and inserting in lieu thereof the words "fifteenth day of February." APPROVED, December 22, 1868. January 8, 1869. CHAP. VII.- An Act authorizing the Admission in Evidence of Copies of certain Papers, Documents, and Entries. Copies of papers in office of consuls, &c. of the United States, when certified, &c. to be evidence in courts of the United States. Jan. 14, 1869. 1867, ch. 170, § 6. Vol. xiv. p. 487. See post, p. 337. Law for disbanding militia forces in States formerly in re bellion, repealed as to certain States. See post, p. 337. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That copies of all official papers and documents belonging to and filed or remaining in the office of any consul, vice-consul, or commercial agent of the United States, and of all official entries in the books or records of any such office, shall, when certified under the hand and official seal of the proper consul, vice-consul, or commercial agent, be admissible in evidence in all the courts of the United States. APPROVED, January 8, 1869. CHAP. IX. - An Act to repeal certain Provisions of Section six of an Act entitled "An Act making Appropriations for the Support of the Army for the Year ending June thirtieth eighteen hundred and sixty-eight, and for other Purposes," approved March second, eighteen hundred and sixty-seven. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section six of the act entitled "An act making appropriations for the support of the army for the year ending June thirtieth, eighteen hundred and sixty-eight, and for other purposes," approved March second, eighteen hundred and sixtyseven, so far as the same is applicable to the States of North Carolina, South Carolina, Florida, Alabama, and Louisiana, is hereby repealed. APPROVED, January 14, 1869. CHAP. XIII. — An Act amendatory of an Act entitled "An Act relating to Habeas Corpus Jan. 22, 1869. and regulating judicial Proceedings in certain Cases." 1863, ch. 81. Vol. xii. p. 755. Provisions respecting the re extended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of an act entitled "An act relating to habeas corpus and regulating judicial moval of causes proceedings in certain cases," approved March third, eighteen hundred from State to and sixty-three, so far as the same relate to the removal of causes from federal courts, the State to the federal courts, be, and the same [are] is hereby, declared to extend to any suit or action at law, or prosecution, civil or criminal, which has been or shall be commenced in any State court against the owner or owners of any ship or vessel, or of any railway, or of any line of transportation, firm, or corporation engaged in business as common carriers of goods, wares, or merchandise, for any loss or damage which may have happened to any goods, wares, or merchandise whatever, which shall have been delivered to any such owner or owners of any ship or vessel, or any railway, or of any line of transportation, firm, or corporation, engaged in business as common carriers, where such loss or damage shall have been occasioned by the acts of those engaged in hostility to the government of the United States during the late rebellion, or where such loss or damage shall have been occasioned by any of the forces of the United States, or by any officer in command of such forces: Provided, That this act shall not be construed to affect any contract of insurance for war risks which may have been made with reference to any goods, wares, or merchandise, which shall have been so destroyed. APPROVED, January 22, 1869. CHAP. XV.. An Act to amend an Act entitled “An Act to prescribe the Mode of obtaining Evidence in Cases of contested Elections," approved February nineteenth, eighteen hundred and fifty-one. Contracts of insurance for war risks not affected. Jan. 23, 1869. 1851, ch. 11, § 3. Vol. ix. p. 568. Registers in bankruptcy or may take evi Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any register in bankruptcy notaries public, or notary public, resident in a congressional district the right to represent residents, &c. which is contested, is hereby authorized to take the testimony and to per- dence, &c. in form any of the other acts which a judge of any court of the United cases of contestStates is authorized to do by the third section of an act entitled "An act ed elections. to prescribe the mode of obtaining evidence in cases of contested elections," approved February nineteenth, eighteen hundred and fifty-one. APPROVED, January 23, 1869. CHAP. XVI.- An Act in Relation to the Appointment of Midshipmen from the lately Jan. 30, 1869. reconstructed States. to the United Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy Appointment be, and he hereby is, authorized and directed to make the appointment of of midshipmen midshipmen to the United States Naval Academy, on or before the fourth States Naval day of March next, from any State in which the election of members of Academy. the House of Representatives to the Forty-first Congress does not by law take place previous to the first day of July, eighteen hundred and sixty. nine, upon the nomination of the members of the House of Representatives from such States in the present Congress: Provided, That no such appointment shall be made from any State not by law entitled to the appointment of midshipmen in the year eighteen hundred and sixty-nine. APPROVED, January 30, 1869. Proviso. Feb. 2, 1869. tion. CHAP. XIX. An Act making Appropriations for the Support of the Military Academy for the fiscal Year ending June thirtieth, eighteen hundred and seventy. Be it enacted by the Senate and House of Representatives of the United Military Acad- States of America in Congress assembled, That the following sums be, and emy appropria- the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the support of the Military Academy for year ending the thirtieth June, eighteen hundred and seventy: Officers, in- For additional pay of officers, and for pay of instructors, cadets, and structors, cadets, musicians, one hundred and eighty-four thousand five hundred and seventy dollars and eighty-eight cents. &c. the For commutation of officers' subsistence, six thousand one hundred and thirty-two dollars. For pay in lieu of clothing to officers' servants, one hundred and fiftysix dollars. For current and ordinary expenses, sixty-one thousand nine hundred and thirty dollars. For increase and expenses of library, two thousand dollars. For forage for artillery and cavalry horses, four thousand dollars. For gas pipes, gasometers, and retorts, six hundred dollars. For materials for quarters for subaltern officers, three thousand dollars. For purchase of fuel for cadets' mess-hall, two thousand dollars. For furniture for soldiers' hospital, one hundred dollars. For reflooring academic building and barracks, one thousand dollars. For contingencies for the superintendent of the academy, one thousand dollars. APPROVED, February 2, 1869. CHAP. XX. An Act making Appropriations for the Payment of Invalid and other Pensions of the United States for the Year ending June thirtieth, eighteen hundred and seventy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of pensions for the year ending the thirtieth of June, eighteen hundred and seventy: For invalid pensions under various acts, nine million dollars. For pensions of widows, children, mothers, fathers, brothers, and sisters of soldiers, as provided for by acts of March eighteenth, eighteen hundred and eighteen; May fifteenth, eighteen hundred and twentyeight; June seventh, eighteen hundred and thirty-two; July fourth, eighteen hundred and thirty-six; July seventh, eighteen hundred and thirty-eight; March third, eighteen hundred and forty-three; June seventeenth, eighteen hundred and forty-four; February second, July twentyfirst, and July twenty-ninth, eighteen hundred and forty-eight; February third, eighteen hundred and fifty-three; June third, eighteen hundred and fifty-eight; and July fourteenth, eighteen hundred and sixty-two, with its supplementary acts, and under various special acts, and for compensation to pension agents and expenses of agencies, ten million dollars. For navy pensions to invalids, widows, and children, and other relatives of the officers and men of the navy dying in the line of duty, now provided by law, two hundred and fifty thousand dollars. APPROVED, February 2, 1869. CHAP. XXI. ·An Act supplementary to an Act entitled "An Act to confirm the Titles to Feb. 2, 1869. 1868, ch. 240. Ante, p. 186. Provisions of former act con cerning lands in Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions and benefits of an act entitled "An act to confirm the titles to certain lands in the State of Nebraska," approved the twenty-fifth day of July, anno Domini Nebraska, exeighteen hundred and sixty-eight, be, and the same are hereby, extended tended. to the east half and northwest quarter of the southeast quarter of section nine, township fifteen, range thirteen east, sixth principal meridian, in Douglas county, Nebraska, and that the title to the same is hereby confirmed to the parties holding by deed from the patentee. APPROVED, February 2, 1869. CHAP. XXIII. · An Act making Appropriations for the Payment of Salaries and contingent Expenses of the Patent Office for January and February, eighteen hundred and sixty-nine. Feb. 9, 1869. Appropriation for salaries and contingent ex Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be appropriated, out of any money in the treasury not otherwise appropriated, the sum of fiftyfour thousand seven hundred and sixty-six dollars for the payment of the penses of the salaries of the officers and employees of the patent office, and for the patent office. ordinary contingent expenses of said office, for the months of January and February, eighteen hundred and sixty-nine. APPROVED, February 9, 1869. CHAP. XXIV. - An Act to amend an Act entitled "An Act to prohibit the Coolie Trade by American Citizens in American Vessels," approved February nineteen, eighteen hundred and sixty-two. Feb. 2, 1869. 1862, ch. 27. Vol. xii. p. 340. Prohibition of coolie trade ex Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the provisions of an act entitled "An act to prohibit the coolie trade by American citizens in tended to Japan. American vessels," approved February nineteen, eighteen hundred and sixty-two, shall be extended so as to include and embrace the inhabitants or subjects of Japan, or of any other oriental country, known as coolies, in the same manner and to the same extent as such act and its provisions apply to the inhabitants and subjects of China. APPROVED, February 9, 1869. CHAP. XXXI. -An Act for the temporary Relief of the poor and destitute People in the District of Columbia. Feb. 18, 1869. Appropriation in the District of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of thirty thousand dollars be, and the same is hereby, appropriated out of money in the for the poor, &c. treasury not otherwise appropriated, for the temporary relief of the poor and destitute population in the District of Columbia, to be expended under the supervision and direction of the mayor of the city of Washington, the mayor of the city of Georgetown, and the president of the levy court of the District of Columbia. SCHUYLER COLFAX, Speaker of the House of Representatives. President of the Senate pro tempore. Indorsed by the President: "Received February 6, 1869." [NOTE BY THE Department of State. The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] Columbia. |