United States shall deposit any public money intrusted to him in any Depositing place or in any manner, except as authorized by law, or shall convert to public money, or converting, or his own use in any way whatever, or shall loan, with or without interest, loaning, or drawor shall for any purpose not prescribed by law withdraw from the treas- ing, or transferurer or any assistant treasurer, or any authorized depository, or shall for ring the same except as auany purpose not prescribed by law transfer or apply any portion of the thorized, to bo public money intrusted to him, every such act shall be deemed and ad- embezzlement. judged an embezzlement of the money so deposited, converted, used, loaned, withdrawn, transferred, or applied, and every such act is hereby declared a felony, and upon conviction thereof shall be punished by im- Penalty. prisonment for a term not less than one year nor more than ten years, or by fine not more than the amount embezzled nor less than one thousand dollars, or by both such fine and imprisonment, at the discretion of the court. Knowingly re ceiving from any SEC. [3.] And be it further enacted, That if any banker, broker, or any person, not an authorized depositary of public moneys, shall knowingly disbursing officer receive from any disbursing officer, or collector of internal revenue, or or collector, any other agent of the United States any public money on deposit or by way deposit, or on a public money on of loan or accommodation, with or without interest, or otherwise than in loan, or using payment of a debt against the United States; or shall use, transfer, con- such money for vert, appropriate or apply any portion of the public money for any pur- ized purpose, or any unauthorpose not prescribed by law; or shall counsel, aid, or abet any disbursing aiding in so doofficer or collector of internal revenue or other agent of the United ing, to be deemed States in so doing, every such act shall be deemed and adjudged an embezzlement of the money so deposited, loaned, transferred, used, converted, appropriated, or applied; and any president, cashier, teller, director, or other officer of any bank or banking association who shall violate any of the provisions of this act shall be deemed and adjudged act. guilty of embezzlement of public money, and punished as provided in section two of this act. APPROVED, June 14, 1866. embezzlement. Punishment of officers of banks for violating this CHAP. CXXIII. - An Act to provide for the Settlement of Accounts of certain Public June 15, 1866. Officers. Moneys re United freedmen to be for. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, all monies raised in the eived by any United States for the support of refugees or freedmen, and received by officer for the any officer of the United States army, shall be charged against such refugees or officer on the books of the Treasury Department and accounted for by charged to him him in like manner as if such monies had been drawn from the treasury and accounted of the United States, and if any part thereof shall have been expended for the use of refugees or freedmen, the same shall be passed to the credit of the officer, if, upon examination of his accounts, it shall appear to the proper accounting officer of the Treasury Department that the amount expended was properly disbursed for such refugees or freedmen, and on the adjustment of the accounts of the officer, if any balance shall remain in the hands of such officer the same shall be paid into the treasury of the United States, for a fund for the relief of refugees and freedmen. And any officer having such balance in his hands, who, after being duly Officers having required, shall refuse or neglect to pay over the same, or who shall, after a balance in their hands and negdue notice, fail to settle his account, shall be proceeded against in the same lecting or refusmanner as is provided for by existing laws in the case of disbursing offi- ing to pay it over, &c., how treated. cers who neglect or refuse to account for monies drawn from the treasury of the United States. SEC. 2. And be it further enacted, That where accounts are rendered Accounts for for expenditures for refugees or freedmen under the approval and expenditures for refugees, &c., to sanction of the proper officers, and which shall have been proper and be paid from necessary, but cannot be settled for want of specific appropriations, the what fund, and VOL. XIV. 5 how. same may be paid out of the fund for the relief of refugees and freedmen, on the approval of the commissioner of the bureau of refugees and freedmen. APPROVED, June 15, 1866. June 15, 1866. CHAP. CXXIV.— An Act to facilitate commercial, postal, and military Communication among the several States. Preamble. Steam rail over their road State to another roads of other States to form continuous lines. Whereas the Constitution of the United States confers upon Congress, in express terms, the power to regulate commerce among the several States, to establish post roads, and to raise and support armies: Therefore: Be it enacted by the Senate and House of Representatives of the United roads may carry States of America in Congress assembled, That every railroad company passengers and in the United States, whose road is operated by steam, its successors and freight from one assigns, be, and is hereby, authorized to carry upon and over its road, and connect with boats, bridges, and ferries, all passengers, troops, government supplies, mails, freight, and property on their way from any State to another State, and to receive compensation therefor, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination: Provided, That this act shall not affect any stipulaExisting con- tion between the government of the United States and any railroad company for transportation or fares without compensation, nor impair or change the conditions imposed by the terms of any act granting lands to any such company to aid in the construction of its road, nor shall it be construed to authorize any railroad company to build any new road or connection with any other road without authority from the State in which said railroad or connection may be proposed. tracts and conditions not affected. New roads not authorized without authority from State. This act may SEC. 2. And be it further enacted, That Congress may at any time be amended, &c. alter, amend, or repeal this act. APPROVED, June 15, 1866. June 18, 1866. CHAP. CXXVI. — An Act to authorize the Commissioner of Patents to pay those employed as Examiners and Assistant Examiners the Salary fixed by Law for the Duties performed by them. Pay of those employed as ex aminers and assistant exam iners in the pat ent office. To be taken from patent office fund, &c. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioner of patents is hereby authorized to pay those employed in the patent office from April first, eighteen [hundred] and sixty-one, until the first day of August, eighteen hundred and sixty-five, as examiners and assistant examiners of patents, at the rates fixed by law for these respective grades; Provided, That the same be paid out of the patent office fund, and that the compensation thus paid shall not exceed that received by those duly enrolled as examiners and assistant examiners of patents for the same period. APPROVED, June 18, 1866. June 21, 1866. CHAP. CXXVII. All public lands in certain An Act for the Disposal of the Public Lands for Homestead Actual Settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida. Be it enacted by the Senate and House of Representatives of the United States to be dis- States of America, in Congress assembled, That from and after the passage posed of only ac- of this act all the public lands in the States of Alabama, Mississippi, Louisana, Arkansas, and Florida shall be disposed of according to the stipulations of the homestead law of twentieth May, eighteen hundred and sixty-two, entitled "An act to secure homesteads to actual settlers on Vol. xii. p. 392. the public domain," and the act supplemental thereto, approved twenty1864, ch. 38. Vol. xiii. p. 35. first of March, eighteen hundred and sixty-four, but with this restriction, that until the expiration of two years from and after the passage of this cording to the provisions of the homestead law. 1862, ch. 75. 80 acres. act, no entry shall be made for more than a half-quarter section, or eighty No entry to be acres; and in lieu of the sum of ten dollars required to be paid by the for more than second section of said act, there shall be paid the sum of five dollars at $5 to be paid the time of the issue of each patent; and that the public lands in said on issue of patStates shall be disposed of in no other manner after the passage of this ent. act: Provided, That no distinction or discrimination shall be made in the No distinction construction or execution of this act on account of race or color: And for race or color. provided further, That no mineral lands shall be liable to entry and set- Mineral lands tlement under its provisions. excepted. Affidavit. No certificate to be given nor patent to issue, until after five years from entry. SEC. 2. And be it further enacted, That section second of the abovecited homestead law, entitled "An act to secure homesteads to actual set- cedure in applying for the benetlers on the public domain," approved May twentieth, eighteen hundred fit of this act. and sixty-two, be so amended as to read as follows: That the person apply- 1862, ch. 75, § 2. Vol. xii. p. 392. ing for the benefit of this act shall, upon application to the register of the land office in which he or she is about to make such entry, make affidavit before the said register or receiver that he or she is the head of a family, or is twenty-one years or more of age, or shall have performed service in the army or navy of the United States, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person or persons whomsoever; and upon filing the said affidavit with the register or receiver, and on payment of five dollars, when the entry is of not more than Payment of $5. eighty acres, he or she shall thereupon be permitted to enter the amount of land specified: Provided, however, That no certificate shall be given, or patent issued therefor, until the expiration of five years from the date of such entry; and if, at the expiration of such time, or at any time within two years thereafter, the person making such entry, or, if he be dead, his widow; or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death, shall prove Proof of resiby two credible witnesses that he, she, or they have resided upon or cul- dence or cultiva tion, &c. tivated the same for the term of five years immediately succeeding the time of filing the affidavit aforesaid, and shall make affidavit that no part of said land has been alienated, and that he will bear true allegiance to the government of the United States; then, in such case, he, she, or they, if at that time a citizen of the United States, shall be entitled to a patent, as in other cases provided by law: And provided further, That in case of the death of both father and mother, leaving an infant child or children under twenty-one years of age, the right and fee shall enure to the benefit of said infant child or children; and the executor, administrator, or guar- children. dian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell said land for the benefit of said infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the chaser. United States on the payment of the office fees and sum of money herein specified Provided, That until the first day of January, eighteen hundred and sixty-seven, any person applying for the benefit of this act shall, in oath prior to January 1, 1967. addition to the oath, hereinbefore required, also make oath that he has not borne arms against the United States, or given aid and comfort to its enemies. SEC. 3. And be it further enacted, That all the provisions of the said homestead law, and the act amendatory thereof, approved March twentyfirst, eighteen hundred and sixty-four, so far as the same may be applicable, except so far as the same are modified by the preceding sections of this act, are applied to and made part of this act as fully as if herein enacted and set forth. APPROVED, June 21, 1866. Affidavit. When rights enure to the benefit of infant Executor, &c., may sell. Title of pur Additional Provisions of homestead law, &c., made ap plicable hereto. June 21, 1866. CHAP. CXXVIII.-An Act to reimburse the State of West Virginia for Moneys ex pended for the United States in enrolling, equipping, and paying Military Forces to ais in suppressing the Rebellion. Commissioners to ascertain the amount expended by West Virginia for State forces. Duty of commissioners. Be it enacted by the Senate and House of Representatives of the Unitea States of America in Congress assembled, That immediately after the pas sage of this act the President shall appoint three commissioners whose duty it shall be to ascertain the amount of moneys expended by the State of West Virginia in enrolling, supplying, equipping, subsisting, transporting, and paying such State forces as have been called into service in said State since the twentieth day of June, eighteen hundred and sixty-one, to act in concert with the United States forces in the suppression of rebellion against the United States. SEC. 2. And be it further enacted, That the commissioners so appointed shall proceed at once to examine all the expenditures made by said State for the purposes herein named, allowing only for disbursements made and amounts assumed by the State for enrolling, equipping, subsisting, transporting, supplying, and paying such troops as were called into service by the governor, at the request of the United States department commander commanding the district in which West Virginia may at the time have been included, or by the express order, consent, or concurrence of such commander, or which may have been employed in suppressing reNo allowance bellion in said State. And no allowance shall be made for any troops except for actual which did not perform actual military service in full concert and co-operation with the authorities of the United States and subject to their orders. SEC. 3. And be it further enacted, That in making up said account, for the convenience of the accounting officers of the government, the commissioners shall state separately the amounts expended, respectively, for enrolling, equipping, arming, subsisting, transporting, and paying said troops, and from the aggregate amount they shall deduct the amount of direct tax due by the said State to the United States under the act entitled "An act to provide increased revenue from imports, pay interest on the public debt, and for other purposes," approved August fifth, eighteen hundred and sixty-one. service. Certain amounts to be stated separately. Amount of direct tax to be deducted. 1861, ch. 45. Vol. xii. p. 292. Rate of allow ance for expen ditures or services. Commissioners to Secretary of Treasury. SEC. 4. And be it further enacted, That in the adjustment of accounts under this act the commissioners shall not allow for any expenditure or compensation for service at a rate greater than was at the time authorized by the laws of the United States in similar cases. SEC. 5. And be it further enacted, That so soon as said commissioners to make report shall have made up said account and ascertained the balance, as herein directed, they shall make written report thereof, showing the different items of expenditure, as hereinbefore stated, to the Secretary of the Treasury, who shall cause the same to be examined by the proper accounting officers of the treasury, and said officers shall audit the accounts as in ordinary cases; and if from their report it shall appear that any sum remains due to the said State, he shall draw his warrant for the same, payable to the governor of said State, and deliver it to him. Accounts to be audited, and what is found due, if anything, to be paid. Commissioners to be sworn. SEC. 6. And be it further enacted, That the commissioners to be appointed as aforesaid shall, before proceeding to the discharge of their duties, be sworn that they will carefully examine the accounts existing between the United States and the State of West Virginia, and that they will, to the best of their ability, make a just, true, and impartial statement Compensation. thereof, as required by this act. They shall receive such compensation for their services as may be determined by the Secretary of the Treasury. Appropriation. For mode of disbursement, see 1867, ch. 10. Vol. xv. p. 6. SEC. 7. And be it further enacted, That the sum of three hundred and sixty-eight thousand five hundred and forty-eight dollars and thirty-seven cents be, and the same is hereby, appropriated to carry this act into effect. APPROVED, June 21, 1866. CHAP. CXXIX. phic office to - An Act to establish a Hydrographic Office in the Navy Department. June 21, 1866. Be it enacted by the Senate and House of Representatives of the United A hydrograStates of America in Congress assembled, That there shall be a hydro- be attached to graphic office attached to the bureau of navigation in the Navy Depart- bureau of navi ment, for the improvement of the means for navigating safely the vessels of gation in Navy Department. the navy and of the mercantile marine, by providing, under the authority Purposes of the Secretary of the Navy, accurate and cheap nautical charts, sailing thereof. directions, navigators, and manuals of instructions, for the use of all vessels of the United States, and for the benefit and use of navigators generally. lished and fur paper. SEC. 2. And be it further enacted, That the Secretary of the Navy Maps, charts, be, and he is hereby, authorized to cause to be prepared, at the hydro- &c., to be pubgraphic office attached to the bureau of navigation in the Navy Depart- nished to naviment, maps, charts, and nautical books relating to and required in gators at cost of navigation, and to publish and furnish them to navigators at the cost of printing and printing and paper, and to purchase the plates and copyrights of such ex- Copyrights to isting maps, charts, navigators, sailing directions and instructions, as he be purchased. may consider necessary, and when he may deem it expedient to do so, and under such rules, regulations, and instructions as he may prescribe. SEC. 3. And be it further enacted, That the moneys which may be received from the sale of all such maps, charts, and nautical books shall be ceived from returned by the Secretary of the Navy into the treasury of the United charts, &c., to States, to be used in the further preparation and publication of maps, charts, be returned to navigators, sailing directions and instructions for the use of seamen, and how used. to be sold at the rates as set forth in the preceding section. APPROVED, June 21, 1866. Money re sales of maps, treasury, and CHAP. CXXX.-An Act to incorporate the "Howard Institute and Home" of the June 21, 1866. District of Columbia. Institute and Home" of the lumbia incorpor- Be it enacted by the Senate and House of Representatives of the United The "Howard States of America in Congress assembled, That James M. Edmunds, Sayles J. Bowen, Cordial Storrs, Augustin Chester, John R. Elvans, J. Sayles Brown, and Linus D. Bishop, and their associates and successors, are hereby declared to be a body politic and corporate, under the name and style of "The Howard Institute and Home" of the District of Columbia, and as such shall have perpetual succession, with power to receive, purchase, and hold real or personal property, and to be able to sue and be sued, and to plead and be impleaded in all courts of law and equity in the United States, and to ordain and establish such by-laws, ordinances, and regulations as may be deemed necessary to carry into effect this act, and promote the objects of the corporation hereby created. SEC. 2. And be it further enacted, That the object for which this corporation is created is declared to be the establishment of a charitable institution for the instruction of freedmen in the industrial pursuits of life and fit them for independent self-support, and to afford a temporary home for such freedmen as may, from sickness, misfortune, age, or infirmity, require fostering care until otherwise relieved. Powers. Objects. Board of managers for one year. afterwards elected. SEC. 3. And be it further enacted, That James M. Edmunds, Sayles J. Bowen, Cordial Storrs, Augustin Chester, John R. Elvans, J. Sayles Brown, and Linus D. Bishop, are hereby appointed a board of managers of said "Howard Institute and Home," for one year from and after the passage of this act; and that thereafter a board of managers, consisting Board to be of seven persons, shall be elected from and by the contributors to the means to establish said institution, for such time and according to such rules as said corporation may establish. And said board of managers shall have the exclusive control of all the property, real or personal, contributed or belonging to said corporation, and to appoint such officers as may be deemed requisite for the conduct of its business, for such time and at such salaries as they may determine, and to change either at pleasure. Power of board. |