an officer of the metropolitan police force or as a private detective, and shall be prosecuted to the extent of the law for aiding criminals to escape the ends of justice. APPROVED, July 23, 1866. CHAP. CCXVI. - An Act to give certain Powers to the Levy Court of the County of July 23, 1866. Washington in the District of Columbia. Certain real county of Wash Notice of time and place of sale; to state what. Purchase When and how receive title. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the existing remedy by distress, for the recovery of taxes due to the levy court in property in the the county of Washington, real property in said county, outside the cor- ington may be porate limits of Georgetown and Washington, on which one year's taxes sold for taxes. shall be due and unpaid, or so much thereof, not less than one acre, (where the property on which the tax has accrued is not less than that quantity,) as may be necessary to pay any such taxes, with all legal costs and charges arising thereon, may be sold at public sale, to satisfy such taxes and expenses, by the collector appointed by the levy court of said county: Provided, That public notice be given of the time and place of sale by advertising once a week for eight successive weeks in some newspaper published in the city of Washington, in which advertisement shall be given a sufficient and definite description of the property selected for sale, the name of the person to whom the same is assessed, and the aggregate amount of taxes due thereon. The purchaser or purchasers of any such property shall pay, at the time of such sale, the amount of taxes money how paid. due on the property so purchased by him, her, or them, respectively, with the amount of the expenses of sale, and shall pay the residue of the purchase-money within ten days after the expiration of two years from the day of sale, to the collector or other officer of the levy court authorized to receive the same, and the amount of such residue shall be placed in the treasury of said levy court, subject to the order of the original proprietor or proprietors of the property sold, his, her, or their legal representatives; and the purchaser or purchasers of said property shall receive a title thereto in fee simple, by deed, under the hand of the president of said purchaser to levy court and its seal, which shall be deemed good and valid in law and equity: Provided, nevertheless, That if within two years from the day of any such sale, or before such purchaser or purchasers shall have paid the residue, if any, of the purchase-money as aforesaid, the proprietor or proprietors of any property sold as aforesaid, his, her, or their agents, or legal representatives, shall repay to such purchaser or purchasers the money paid for taxes and expenses as aforesaid, together with ten per centum per annum as interest thereon, or make a tender thereof, or deposit the same with the treasurer of said levy court or other officer authorized to receive the same, for the use of such purchaser or purchasers, and subject to his or their order, he, she, or they shall be reinstated in his, her, or their original right and title, as if no such sale had been made; and if any purchaser shall fail to pay the residue of the purchase-money as aforesaid within the time required as aforesaid, for any property so purchased by him, he shall pay ten per centum per annum, as interest thereon, in addition to such residue, from the expiration of the two years as aforesaid, until the actual payment of such residue and the receiving of a conveyance as aforesaid, and said interest shall alike be subject to the order of the original proprietor or proprietors as the residue of the purchasemoney aforesaid: Provided also, That no sale shall be made of any improved property in pursuance of this section, whereon there is personal property of sufficient value to pay said taxes, nor of such improved property whereon there is not such personal property, until the collector shall first file a sworn return with the clerk of said levy court that there is no such personal property, which return shall be prima facie proof of that fact; and that minors, mortgagees, and others having equitable liens or Owners may redeem within two years. Mode of re demption. If purchaser fails to pay residue of purchasemoney. No sale to be made of improved property, there is thereon sufficient person if al property. Minors, mort- other interests, as creditors, in real property sold for taxes as aforesaid gagees, and those shall be allowed one year after such minors' coming to full age, or after having equitable interests to have such mortgagees, or others having equitable interests, obtaining possession what time within of, or a decree for the sale of, such property, to redeem the same from the which to redeem. purchaser or purchasers, his, her, or their heirs or assigns, on paying the Sale may be adjourned. Collector of collect any tax by distress and sale. amount of the purchase-money so paid therefor, with ten per centum interest thereon per annum, and the value of any improvements erected on said property by the purchaser or his assigns while in his possession. SEC. 2. And be it further enacted, That it shall be lawful for the collector to postpone, after such advertisement, the sale of the property advertised according to the foregoing section, to any future day, for want of bidders or other reasonable cause, giving public notice of such postponement; and the sale made at such postponed time shall be equally valid as if made on the day stated in the advertisement. SEC. 3. And be it further enacted, That the collector of said levy levy court may court shall have authority to collect any tax lawfully imposed by said court, by distress and sale of the goods and chattels of the person chargeable therewith, wherever the same may be found in said county, out of the corporate limits of Washington and Georgetown; but no such sale shall be made unless ten days' previous notice thereof be given in some newspaper printed in the city of Washington. Sale not to be made, unless, &c. &c. Levy court SEC. 4. And be it further enacted, That it shall not be necessary that may demand of the said levy court shall have actually paid the portion of the general exWashington or Georgetown the penses of the county of Washington, or any other expenses a portion of proportion of ex- which either of the cities of Washington or Georgetown is liable for, to penses, although, enable the said court to demand of either of said cities payment of its proportion of said expenses already incurred, or for the supreme court of the District of Columbia to act summarily in the matter and give judgment, according to the provisions of the act of July one, eighteen hundred and twelve, entitled "An act conferring certain powers on the levy court for the county of Washington, in the District of Columbia." APPROVED, July 23, 1866. 1812, ch. 117. Vol. ii. p. 771. July 23, 1866. Cities of Washington and Georgetown to pay to trustees of colored portionate part 66 CHAP. CCXVII. · · An Act relating to Public Schools in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the eighteenth section of the act entitled " An act to provide for the public instruction of youth in the county of Washington, District of Columbia, and for other purposes," approved June twenty-five, eighteen hundred and sixty-four, shall be so construed as to require the cities of Washington and Georgetown to pay schools the pro- over to the trustees of colored schools of said cities such a proportionate of certain school part of all moneys received or expended for school or educational purposes in said cities, including the cost of sites, buildings, improvements, furniture, and books, and all other expenditures on account of schools, as the colored children between the ages of six and seventeen years, in the respective cities, bear to the whole number of children, white and colored, between the same ages. That the money shall be considered due and payable to said trustees on the first day of October of each year, and if not then paid over to them, interest at the rate of ten per centum per annum on the amount unpaid may be demanded and collected from the authorities of the delinquent city by said trustees. moneys. Vol. xiii. p. 191. Money when to be payable. Interest. An action of debt may be maintained for those moneys. SEC. 2. And be it further enacted, That the said trustees may maintain an action of debt in the supreme court of the District of Columbia against said cities of Washington and Georgetown for the non-payment of any sum of money arising under the aforesaid act of June twenty-five, eighteen hundred and sixty-four. APPROVED, July 23, 1866. · An Act to incorporate the Metropolitan Mining and Manufacturing July 23, 1866. Company. Subscriptions Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That John Ford, George D. Metropolitan Mining and Williams, Thomas W. Hyde, Oliver Edwards, Charles H. Herd, Samuel Manufacturing A. Fulton, Charles Otis, Charles A. Ecleston, George W. Holmes, Joseph Company incorE. Hollis, John F. Broadhead, and Lewis P. Moody, or any five of them, porated. be, and are hereby, authorized and empowered to receive subscriptions to the capital stock of a corporation to be denominated the Metropolitan Min- to stock. ing and Manufacturing Company of the District of Columbia, who shall open a book for that purpose in the city of Washington, at the time and place to be by them designated, of which they shall give five days' notice in two or more of the daily papers of said city, and shall keep the same open until twenty thousand shares of one hundred dollars a share each shall have been subscribed; and any person of lawful age, and a citizen of the scribe. United States, shall be permitted to subscribe upon paying five dollars on each share at the time of subscribing. And it shall be lawful for the said corporation to have a common seal, sue and be sued, plead and be impleaded, and have and exercise all the rights, privileges, and immunities for the purpose of the corporation hereby created. Who may sub Powers of cor poration. First election. SEC. 2. And be it further enacted, That the affairs of the company Directors, shall be managed by nine directors, to be elected annually by ballot on number, how and when the second Monday of July, by the stockholders or by their legally chosen. empowered agents; and each share of stock shall entitle the holder Votes. thereof to one vote; the election to be held at the office of the company at a general meeting of the stockholders convened for that purpose, by General meetten days' public notice in two or more of the daily papers of the city of ings of stockholders, how Washington: Provided, That the first election for directors shall be held notified. pursuant to five days' notice given in one or more of the daily papers of the city of Washington, by the persons named in the first section of this act, or any five of them, who shall designate the time when and the place where said election shall be held; and the stockholders shall then and there elect nine directors to serve until the next ensuing election and until their successors shall be duly elected and qualified as provided for in this act. And at the first ensuing meeting of the directors after every election they shall appoint one of their number as president, who shall hold office until the election and qualification of his successor. And five members of said board shall compose a quorum. And in case that an election for directors should not be made when pursuant to this act it should have been made, the company for that cause shall not be proper time, dissolved; and it shall be lawful within forty days thereafter to hold and company not to be dissolved, &c. make an election for directors in such manner as the by-laws of the company may prescribe, and the president and directors for the time being shall be continued in office until such election take place. And in the event of the death, resignation, or removal of any director from office, Vacancies in his place for the remainder of his term may be filled by the president and directors for the time being, in such manner as the by-laws may prescribe. SEC. 3. And be it further enacted, That the president and directors shall have power to appoint a secretary and such other officers, agents, and clerks as may to them appear proper, to fix their compensation, and pay the same. President. Quorum. If election is not made at office of director. how filled. Appointment and pay of secretary and other officers, agents, and clerks. Capital stock, how called in. SEC. 4. And be it further enacted, That the capital stock shall be called in and paid in such instalments and proportions, and at such times and places, as the president and directors, for the time being, may require and designate. And if any stockholder, subscriber, their assignee or If stockholders, transferee, shall refuse or neglect to pay such proportion or instalment at &c. do not pay instalments, &c. the time and place appointed, such stockholder, subscriber, transferee, or assignee shall, at the option of the president and directors, forfeit to the Fresh subscriptions may De opened. use of the company all his, her, or their right, title, and interest in and to every share on which such instalments have not been duly paid; and fresh subscriptions may be opened for the said shares in such manner as the by-laws may prescribe, or the president and directors may, at their option, commence suit for any instalment that may be due and unpaid, and recover against the holder of said stock for the amount of the No stockholder same: Provided, That no stockholder or subscriber shall be permitted to in arrears to vote vote at any election for directors or at any general or special meeting of the company, on whose shares any instalments or arrearages may be due more than fifteen days previous thereto. Authority of president and directors. By-laws. Business of mining may be carried on. Real estate. Bonds. Proviso. Lands may be sold or leased. Stock how transferred. This act may SEC. 5. And be it further enacted, That the president and directors for the time being shall have power to ordain, establish, and put in execution such rules, regulations, ordinances, and by-laws as they may deem essential for the well-government of the institution, not contrary to the laws and Constitution of the United States or of any State, or of this act, and generally to do and perform all acts, matters, and things which a corpora tion may or can lawfully do. SEC. 6. And be it further enacted, That the president and directors are hereby empowered and fully authorized, on behalf of said company, to carry on the business of mining for iron ore and other native minerals, and manufacturing and preparing the same for market; and to purchase and hold by deed for a term or in fee simple such real estate and other property within the District of Columbia and State of Virginia as may be necessary and proper for the purposes aforesaid; and to issue bonds not exceeding one half of the capital stock, upon such terms as may be deemed for the best interests of the company: Provided, That no bond shall be issued for a less sum than one hundred dollars, or bearing interest at a rate exceeding six per centum per annum. SEC. 7. And be it further enacted, That the president and directors are hereby empowered and fully authorized, on behalf of said company, to lease, demise, bargain, sell, and convey any lands and real estate which may be owned or held by said company, and to execute and deliver to purchasers good and sufficient deeds therefor. SEC. 8. And be it further enacted, That the stock of said company shall be transferred on the books of the company in such manner only as the by-laws of the company shall direct. SEC. 9. And be it further enacted, That nothing in this act shall be so be altered, &c. construed as making it perpetual, but Congress may at any time alter, amend, or repeal the same. July 23, 1866. fornia confirmed to that State. tions not confirmed. APPROVED, July 23, 1866. CHAP. CCXIX. - An Act to quiet Land Titles in California. Be it enacted by the Senate and House of Representatives of the United Certain lands States of America in Congress assembled, That in all cases where the selected by Cali- State of California has heretofore made selections of any portion of the public domain in part satisfaction of any grant made to said State by any act of Congress, and has disposed of the same to purchasers in good faith under her laws, the lands so selected shall be, and hereby are, confirmed Certain selec- to said State: Provided, That no selection made by said State contrary to existing laws shall be confirmed by this act for lands to which any adverse pre-emption, homestead, or other right has, at the date of the passage of this act, been acquired by any settler under the laws of the United States, or to any lands which have been reserved for naval, military, or Indian purposes by the United States, or to any mineral land, or to any land held or claimed under any valid Mexican or Spanish grant, or to any land which, at the time of the passage of this act, was included within the limits of any city, town, or village, or within the county of San Francisco: And provided further, That the State of California shall not re State not to receive more land for school, &c. purposes ceive under this act a greater quantity of land for school or improvement than she is enpurposes than she is entitled to by law. titled to. to be notified Notice to be the SEC. 2. And be it further enacted, That where the selections named in Where selecsection one of this act have been made upon land which has been sur- tions are upon lands surveyed veyed by authority of the United States, it shall be the duty of the proper by authority of authorities of the State, where the same has not already been done, to no- the United tify the register of the United States land office for the district in which States register the land is located of such selection, which notice shall be regarded as the date of the State selection, and the commissioner of the general land office date of State shall, immediately after the passage of this act, instruct the several local Commissioner registers to forward to the general land office, after investigation and de- of general land cision, all such selections, which, if found to be in accordance with section office to do what. one of this act, the commissioner shall certify over to the State in the usual manner. selection. Where selec SEC. 3. And be it further enacted, That where the selections named in section one of this act have been made from lands which have not been tions are upon lands surveyed surveyed by authority of the United States, but which selections have only by State been surveyed by authority of and under the laws of said State, and the authority, and lands are sold, land sold to purchasers in good faith under the laws of the State, such se- selections to lections shall, from the date of the passage of this act, when marked off have same effect and designated in the field, have the same force and effect as the pre-emp-emption rights. as certain pre tion rights of a settler upon unsurveyed public land; and if, upon survey Iton survey by of such lands by the United States, the lines of the two surveys shall be the United States found not to agree, the selection shall be so changed as to include those the lines of the two surveys do legal subdivisions which nearest conform to the identical land included not agree, selecin the State survey and selection. Upon the filing with the register of tion to be changed. the proper United States land office of the township plat in which any Upon filing such selection of unsurveyed land is located, the holder of the State title township plat, shall be allowed the same time to present and prove up his purchase and holder of State claim under this act as is allowed pre-emptors under existing laws; and what time to if found in accordance with section one of this act, the land embraced present, &c. his claim. therein shall be certified over to the State by the commissioner of the general land office. title allowed Where town have been made and overflowed swamp and over to be examined, SEC. 4. And be it further enacted, That in all cases where township surveys have been, or shall hereafter be, made under authority of the ship surveys United States, and the plats thereof approved, it shall be the duty of the and plats apcommissioner of the general land office to certify over to the State of proved, swamp California, as swamp and overflowed, all the lands represented as such, lands to be certiupon such approved plats, within one year from the passage of this act, fied to State or within one year from the return and approval of such township plats. within one year. The commissioner shall direct the United States surveyor-general for the Segregation State of California to examine the segregation maps and surveys of the maps, &c. of swamp and overflowed lands made by said State; and where he shall flowed lands find them to conform to the system of surveys adopted by the United made by State, States, he shall construct and approve township plats accordingly, and &c. forward to the general land office for approval: Provided, That in segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land. In case such State surveys are found not to be in accordance with the system of United States surveys, and in such other townships as no survey has been made by the United States, the commissioner shall direct the surveyor-general to make segregation surveys, upon application to said surveyor-general by the governor of said State, within one year of such application, of all the swamp and overflowed land in such townships, and to report the same to the general land office, representing and describing what land was swamp and overflowed If the under the grant, according to the best evidence he can obtain. authorities of said State shall claim as swamp and overflowed land any not represented as such upon the map or in the returns of the survey- represented in If found to conform to United States surveys. If found not to conform. If State claims as swamp, &c. lands any not so |