CHAP. CCLI.· · An Act to regulate the Sale of Hay in the District of Columbia. July 27, 1868. Sale of hay 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 may be sold by weight in the District of Columbia, shall be sold by the and straw in the net hundred, and every twenty hundred pounds net weight shall be a lumbia. ton. SEC. 2. And be it further enacted, That this act shall take effect from and after its passage. APPROVED, July 27, 1868. CHAP. CCLII. - An Act to incorporate the Evening Star Newspaper Company, of District of Co When act takes effect. July 27, 1868. Evening Star Newspaper Company incor Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Crosby S. Noyes, Clarence B. Baker, Alexander R. Shepherd, George W. Adams, and Samuel H. 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 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. Powers, &c. Officers. 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, 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 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 of the company for every share therein by him or her owned; and a plurality of votes cast at any election shall elect. Capital stock Votes. Real estate SEC. 4. And be it further enacted, That the company shall have 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. Individual lia SEC. 5. And be it further enacted, That the stockholders in said 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 alter, amend, or revoke the said corporation. APPROVED, July 27, 1868. VOL. XV. PUB. - 15 holders. Act may be altered. July 27, 1868. City of Washington may issue not over $800,000 of bonds to pay its floating debt. be executed, and CHAP. CCLIII.—An Act to authorize the City of Washington to issue Bonds for the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the city of Washington be, and hereby is, authorized to issue, by vote of its councils, registered or coupon bonds in denominations of fifty dollars, one hundred dollars, five 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. &c. Interest and sinking fund for redemption to be provided for by taxation. Necessary ordinances may be passed. July 27, 1868. 1863, ch. 76, § 1. Vol. xii. p. 737. truth of invoices in certain cases, &c. SEC. 2. And be it further enacted, That it shall be the duty of the city councils upon issuing the bonds herein authorized, to provide by taxation for the prompt payment of the interest thereon; also to provide for the 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. SEC. 3. And be it further enacted, That the said city councils are 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. CHAP. CCLIV. An Act to amend Section one of "An Act to prevent and punish Frauds upon the Revenue, and for other Purposes," approved March third, eighteen hundred 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 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 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 herein before 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. July 27, 1868. 1863, ch. 50. Vol. xii. p. 657. The United States may prosecute appeals, &c. to circuit courts, without security for costs. APPROVED, July 27, 1868. CHAP. CCLV.. An Act supplementary to an Act entitled "An Act to allow the United States to prosecute Appeals and Writs of Error, without giving Security," and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the act entitled " An act to allow the United States to prosecute appeals and writs of error without giving security," approved February twenty-one, eighteen hundred and sixty-three, be, and the same hereby are, extended to 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. corporations, ex courts for cer 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 trict court of the United States, for any liability or alleged liability of United States such 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 be done by the act entitled "An act for the removal of causes in certain cases from State courts," approved July twenty-seventh, eighteen hundred and sixty-six; and it shall be thereupon the duty of the court to accept 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 original 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 Act to protect the Rights of actual Settlers upon the public Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in no case shall more than three sections of public lands of the United States be entered in any one township by scrip issued to any State under the act approved July second, eighteen hundred and sixty-two, for the establishment of an agricultural college therein. APPROVED, July 27, 1868. Practice in such cases. 1866, ch. 288. Vol. xiv. p. 306. July 27, 1868. Not over three sections of pubtownship to be entered by agricultural college land scrip. 1862, ch. 130. Vol. xii. p. 503. lic lands in any 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. Edenton, N. C. and Beaufort, S. 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 the Albemarle collection district be removed from Plymouth to Edenton, C. made ports of North Carolina, and also that Beaufort, in South Carolina, be created a port of entry in lieu of Port Royal, which is hereby 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 uniform System of Bankruptcy throughout the United States," approved March second, eighteen hundred and sixty-seven. entry. Port Royal, abolished as a port of entry. July 27, 1868. 1867, ch. 176. 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 bankruptcy 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 commenced after And 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. cent, unless, &c. 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 hearing of the application for discharge. Amendments to bankruptcy act, sections 14, 22, 39, 42, 44, 47. Registers may administer certain oaths. Commissioners may take proof of debts, subject, &c. July 27, 1868. late powers as to in the Secretary of the Interior. SEC. 2. And be it further enacted, That said act be further amended as follows: The phrase "presented or defended," in the fourteenth section of said act shall read " prosecuted or defended"; the phrase "nonresident 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. SEC. 3. And be it further enacted, That registers in bankruptcy 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 circuit courts of the United States, and such commissioners may take proof of debts in bankruptcy in all cases, subject to the revision of such proofs by the register and by the court according to the provisions of said act. APPROVED, July 27, 1868. 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- volving upon the Secretary of the Treasury, under and by virtue of the 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 fulof the Treasury, 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, October twentieth, eighteen hundred and thirty-two, and at Washington 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. Vol. vii. p. 385. 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 of Indian affairs to supervise Eastern Chero kees. SEC. 3. And be it further enacted, That hereafter the Secretary of the Interior shall cause the commissioner of Indian affairs to take the same supervisory charge of the Eastern or North Carolina Cherokees as of 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 New York and one or more European Ports. General may contract with 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 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 pany for weekly, 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 New York and Bremen, touching at Southampton, England, or Liverpool, York and touching at Queenstown, in first-class sea-going steamships, to be con- Bremen, touchstructed in the United States and owned by said company, for a term not ing at Southampton, &c. exceeding fifteen years, in the manner and on the conditions hereinafter Class of vessels, where to be built, and term stated. between New of contract. Seven first to be built, of time; SEC. 2. And be it further enacted, That the said navigation company shall, with a purpose of performing the above service, build, contract, and fit 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 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 steamships, 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 Mail Steamship 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 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 steamships of the said navigation company shall not be less than that of the steamships of other lines upon the same or similar routes, and if for the space of three months the trips successively of the steamships of said 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. and tained to be sent by this line. Rate of speed; if not attained, contract may cease. Compensation not to exceed postage, &c. ; 1858, ch. 164. Vol. xi. p. 364. SEC. 3. And be it further enacted, That the compensation for carrying and transporting the mails by sea, as herein provided, shall be agreed upon, and shall be in conformity with the act of Congress, approved June fourteen, eighteen hundred and fifty-eight, and shall in no event or contingency 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 navigation 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. When sea company not to |