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SEC. 2. That section one hundred and seven of the Revised Statutes time for taking of the United States shall be construed as requiring all testimony in testimony in, limited. cases of contested election to be taken within ninety days from the day R. S., § 107. on which the answer of the returned member is served upon the contestant. [March 2, 1875.]

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AN ACT TO DECLARE THE TRUE INTENT AND MEANING OF THE TWENTIETH SECTION OF
AN ACT PASSED BY THE LEGISLATURE OF THE TERRITORY OF DAKOTA, PASSED JAN-
UARY FOURTEENTH, EIGHTEEN HUNDRED AND SEVENTY-FIVE, ENTITLED “AN ACT
MAKING THE CONVEYANCE OF HOMESTEADS NOT VALID UNLESS THE WIFE JOINS IN
THE CONVEYANCE."

In Dakota, act exempting property from execution, &c., not repealed, except so far as is inconsistent with act making void conveyances of homestead without joinder of wife.

March 2, 1875.

18 Stat. L., 338.

Be it enacted, &c., That the twentieth section of the act named in the In Dakota, act title shall not be construed as an absolute repeal of chapter thirty. exempting properseven of the laws of Dakota, approved May twelfth, eighteen hundred ty from execution, and sixty-two, but only as repealing so much of said chapter thirty- except so far as in&c., not repealed, seven as is inconsistent with the first named act, and no other effect consistent with shall be given to said twentieth section. [March 2, 1875.]

act making void conveyances of homestead without joinder of wife.

CHAPTER 126.

AN ACT IN RELATION TO THE QUARTERMASTER'S DEPARTMENT, FIXING ITS STATUS, RE-
DUCING ITS NUMBERS, AND REGULATING APPOINTMENTS AND PROMOTIONS THEREIN.

SECTION

March 3, 1875.

18 Stat. L., 338.

SECTION

1. Quartermaster's Department of Army; of what officers to consist.

3. Rank, &c., of present officers not reduced.

4. promotions and appointments in.

2.

military storekeepers; office abolished, &c.

Be it enacted, &c. [SECTION 1], That the Quartermaster's Department of the Army shall Quartermaster's hereafter consist of the Quartermaster-General, with the rank, pay and Department of Army; of what offiemoluments of a brigadier-general; four assistant quartermasters-gen- cers to consist. eral, with the rank, pay and emoluments of colonels of cavalry; eight R. S.. § 1132. deputy quartermasters-general, with the rank, pay and emoluments of lieutenant-colonels of cavalry; fourteen quartermasters, with the rank, pay and emoluments of majors of cavalry; and thirty assistant quartermasters, with the rank, pay and emoluments of captains of cavalry. SEC. 2. That no more appointments shall be made in the grade of mil-military storeitary storekeepers in the Quartermaster's Department, and this grade keepers; office abolished, &c. shall cease to exist as soon as the same becomes vacant by death, resigR. S., § 1132. nation, or otherwise of the present incumbents.

SEC. 3. That no officer now in service shall be reduced in rank, or de-
prived of his commission by reason of any provision of this act.
SEC. 4. That no officer shall be promoted or appointed in the Quar-
termaster's Department in excess of the organization prescribed by this
act, and that so much of section six of the act approved March third,
eighteen hundred and sixty-nine, entitled (1) "An act making appropri-
ations for the support of the Army for the year ending June thirtieth,
eighteen hundred and seventy, and for other purposes", as applies to
the Quartermaster's Department, be, and the same is hereby, repealed.
[March 3, 1875.]

NOTE.-(
-(1) The provisions of the act of 1869, ch. 124, § 6 (15 Stat. L., 318), are incorporated into Revised
Statutes in § 1194, noted in the margin.

rank, &c., of present officers not reduced.

-promotions and
appointments in.
R. S., § 1194.
15 Opin. Att'y-
Gen., 330.

March 3, 1875.

18 Stat. L., 339.

Tax on distilled

spirits to be 90
cents a gallon.
R. S., §§ 3251,
1875, March 3,
ch. 131, § 12.

3309.

– tobacco 24 cents

a pound.

R. S., § 3368.

1879, March 1,

ch. 125, § 14.
-on cigars $6; on
cigarettes $1.75, or
$6, according to
weight.

R. S., § 3394.
1 Hughes, 356.

3 Hughes, 227.

Contracts prior

this act.

CHAPTER 127.

AN ACT TO FURTHER PROTECT THE SINKING-FUND AND PROVIDE FOR THE EXIGENCIES
OF THE GOVERNMENT.

SECTION

1. Tax on distilled spirits to be 90 cents a gallon.
2. on tobacco 24 cents a pound.

-on cigars $6; on cigarettes $1.75 or $6, ac-
cording to weight.

Contracts prior to February 10, 1875, how af.
fected by this act.

3. Customs duties on sugars.

-on melada; defined.

sugar in bags.

Be it enacted, &c.

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[SECTION 1], That from and after the passage of this act there shall be levied and collected on all distilled spirits thereafter produced in the United States, a tax of ninety cents on each proof gallon, or wine-gallon when below proof, to be paid by the distiller, owner or person having possession thereof, before removal from the distillery bonded warehouse; and so much of section three thousand two hundred and fifty. one of the Revised Statutes of the United States as is inconsistent herewith is hereby repealed.

SEC. 2. That section (1) three thousand three hundred and sixty-eight of the Revised Statutes be, and the same is hereby, amended by striking out the words "twenty cents a pound", and inserting in lieu thereof, the words "twenty-four cents a pound";

And that section three thousand three hundred and ninety-four (2) of the Revised Statutes be, and the same is hereby, amended by striking out the word "five" wherever it occurs therein, and inserting instead thereof the word "six", and by striking out the word "fifty" and inserting instead thereof the words "seventy-five":

Provided, That the increase of tax herein provided for shall not apply to tobacco on which the tax under existing law shall have been paid when this act takes effect.

And provided further, That whenever it shall be shown to the satis to Feb. 10, 1875, faction of the Secretary of the Treasury by testimony under oath that how affected by any person liable to pay the increased tax by this section imposed had prior to the tenth day of February, eighteen hundred and seventy-five, made a contract for the future delivery of such tobacco, cigars, and cigarettes at a fixed price, which contract was in writing prior to that date, such tobacco may be delivered to the contracting party entitled thereto under special permit from the Commissioner of Internal Revenue provided therefor, without previous payment of such additional tax; but the said additional tax shall be a lien thereon, and shall be paid by and collected from the purchaser under such contract before the sale or removal thereof by him, and when demanded by the collector of internal revenue for the district to which the same shall be removed for delivery to the purchaser; and any sale or removal by such purchaser, prior to the payment of such tax, shall subject him and such tobacco so sold or removed to all the penalties and processes of law provided in the case of manufacturers of tobacco so selling or removing tobacco to avoid the payment of tax.

Customs duty on

sugar.

SEC. 3. That on all molasses, concentrated molasses, tank-bottoms, syrup of sugar cane juice, melada, and on sugars according to the Dutch R. S., § 2504 (2d standard in color, imported from foreign countries, there shall be levied, ed., p. 468). collected and paid, in addition to the duties now imposed in Schedule G, section two thousand five hundred and four of the Revised Statutes, an amount equal to twenty-five per centum of said duties as levied upon the several articles and grades therein designated;

-on melada, defined.

Provided, That concentrated melada, or concrete, shall hereafter be classed as sugar dutiable according to color by the Dutch standard: and melada shall be known and defined as an article made in the process of NOTES.-(1) The rate of taxation is again changed by act of March 1, 1879, ch. 125, § 14.

(2) The amendments here made to § 3394 are incorporated therein in the second edition of the Revised Statutes.

sugar-making being the cane-juice boiled down to the sugar point and containing all the sugar and molasses resulting from the boiling-process and without any process of purging or clarification,

Sugar in bags,

And any and all products of the sugar-cane imported in bags, mats, baskets or other than tight packages shall be considered sugar and mats, &c.

dutiable as such.

And provided further, That of the drawback on refined sugars exported allowed by section three thousand and nineteen of the Revised Statutes of the United States, only one per centum of the amount so allowed shall be retained by the United States.

SEC. 4. That so much of section two thousand five hundred and three of the Revised Statutes as provides that only ninety per centum of the several duties and rates of duty imposed on certain articles therein enumerated by section two thousand five hundred and four shall be levied, collected, and paid be, and the same is hereby, repealed; and the several duties and rates of duty prescribed in said section two thousand five hundred and four shall be and remain as by that section levied, without abatement of ten per centum as provided in section two thousand five hundred and three.

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SEC. 5. That the increase of duties provided by this act shall not Increase of duapply to any goods, wares, or merchandise actually on shipboard and ties, when not applicable. bound to the United States, on or before the tenth day of February, 15 Opin. Att'yeighteen hundred and seventy-five, nor on any such goods, wares, or Gen., 7. merchandise on deposit in warehouses or public stores at the date of the passage of this act.

Bolting-cloths

R. S., § 2505 (2

SEC. 6. That nothing contained in the act entitled "An act to amend existing customs and internal-revenue laws, and for other purposes", free of duty. approved February eighth, eighteen hundred and seventy-five, shall be construed to impose any duty on bolting-cloths theretofore admitted free of duty;

Nor to require the use of a stamp upon the receipt in the receipt-book of a savings-bank or institution for savings having no capital stock, and doing no other business than receiving deposits to be loaned or invested for the sole benefit of the parties making such deposits without profit or compensation to the association or company, when money is paid to a depositor on his pass book. [March 3, 1875.]

1875, Feb. 8, ch. 36, § 1.

Stamps not re

quired on savingsbank receiptbooks.

R. S., § 3418. 1875, Feb. 8, ch. 36, § 15.

CHAPTER 128.

AN ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST-OFFICE DEPART-
MENT FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND
SEVENTY-SIX, AND FOR OTHER PURPOSES.

SECTION

1. Par. 1. Weighing of mails to be paid for out of appropriation for inland transportation.

Par. 2. Mail lettings in Maryland, Virginia,
and District of Columbia, how adver
tised.

-in cach State and Territory to be
posted.

3. Congressmen may mail public documents at
the reduced rates for nine months after ex-
piration of term of office.

Be it enacted, &c., That [SECTION 1.] *

*

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March 3, 1875.

18 Stat. L., 340.

Weighing of mails to be paid

for out of appropriation for inland

Par. 1.] Out of the appropriation for inland-mail transportation the Postmaster General is authorized hereafter to pay the expenses of taking the weights of mails on railroad routes, as provided by the act entitled (1) "An act making appropriations for the service of the Post-Office De- transportation. NOTE (1) The provisions here referred to in acts of 1873, ch. 231, § 17 (18 Stat. L., 341), are incorporated in the Revised Statutes in § 4002, referred to in the margin.

R. S., § 4002.

partment for the year ending June thirtieth, eighteen hundred and 1876, July 12, ch. seventy-four," approved March third, eighteen hundred and seventy179, §1. 1878, June 17, ch. three; and he is hereby directed to have the mails weighed as often as 259, § 1. now provided by law by the employees of the Post-Office Department, and have the weights stated and verified to him by said employees under such instructions as he may consider just to the Post-Office Department and the railroad-companies.

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Mail-lettings in [Par. 2.] That hereafter the mail lettings for the States of Maryland Maryland, Vir- and Virginia and for the District of Columbia shall be advertised in ginia, and District not more than one newspaper published in the District of Columbia, and Columbia, how advertised. at prices satisfactory to the Postmaster-General, not exceeding the customary rates paid in the city of Washington for ordinary commercial advertisements; and so much of section three thousand eight hundred and twenty-six of the Revised Statutes of the United States as refers to the publication of advertisements in newspapers be, and the same is hereby, repealed.

R. S., § 3826.

1876, July 12, ch.

179.

1878, May 17, ch.

107. 1878, June 17,

ch. 259, par. 5.

1881, Jan. 21, ch. 25. 15 Opin. Att'y-Gen., 282.

-in each State The Postmaster-General shall cause an advertisement of the mailand Territory, to lettings of each State and Territory to be posted up in each post-office be posted. therein, to be posted conspicuously for at least sixty days before the time of such letting.

R. S., § 3941.

1876, July 12, ch.

179.

15 Opin. Att'yGen., 594.

Congressmen

reduced rates for

SEC. 3.

That the provisions of section thirteen of the act of June twenty-third, may mail public eighteen hundred and seventy-four, entitled "An act making appropridocuments at the ations for the service of the Post-Office Department for the fiscal year nine months after ending June thirtieth, eighteen hundred and seventy-five, and for other expiration of term purposes," shall apply to ex-members of Congress and ex-delegates for the period of nine months after the expiration of their terms as members R. S., 66 3875- and delegates, and postage on public documents mailed by such persons 1874, June 23, ch. shall be as provided in said section.

of office.

3879, 3896-3913.

456, § 13. 1877, March 3, ch. 103, § 7.

Accounts of SEC. 4. That hereafter the Sixth Auditor shall keep the accounts in Post Office Depart- his office so as to show the expenditures of the Post-Office Department ment; how to be under each item of appropriation provided by law.

kept.

R. S., §§ 177, 4049, 4050.

Congressional SEC. 5. That from and after the passage of this act, the Congressional Record, &c., may Record, or any part thereof, or speeches or reports therein contained, be franked by Con- shall, under the frank of a member of Congress, or delegate, to be written by himself, be carried in the mail free of postage, under such regu lations as the Postmaster-General may prescribe;

gressmen, &c. R. S., § 3896.

1874, June 23, ch. 456, § 13.

mailed free by Con

culture.

And that public documents already printed, or ordered to be printed, for the use of either House of Congress may pass free through the mails upon the frank of any member or delegate of the present Congress, written by himself, until the first day of December anno Domini eight. een hundred and seventy-five.

Seeds and agri- SEC. 7. That seeds transmitted by the Commissioner of Agriculture, cultural reports or by any member of Congress or delegate receiving seeds for distribugressmen and Com- tion from said Department, together with agricultural reports emanatmissioner of Agri- ing from that Department, and so transmitted, shall, under such regulations as the Postmaster-General shall prescribe, pass through the mails R. S., § 527, free of charge. And the provisions of this section shall apply to ex3878, 3896. 1877, March 3, members of Congress and ex-delegates for the period of nine months after the expiration of their terms as members and delegates. [March 1880, June 16, ch. 3, 1875.]

ch. 103, 7.

252.

CHAPTER 129.

AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL
EXPENSES OF THE GOVERNMENT FOR THE YEAR ENDING JUNE THIRTIETH, EIGHT-
EEN HUNDRED AND SEVENTY-SIX, AND FOR OTHER PURPOSES.

March 3, 1875.

18 Stat, L., 343.

SECTION

1. Par. 1. Post-office money-orders, fees for.

-not to be issued for more than $50.
Par. 2. Gaugers' compensation.
Par. 3. Chief of Bureau of Statistics to gather
facts relating to railroads, &c., and
to publish reports quarterly.
Par. 4. National Home for Disabled Soldiers

not to have fines and forfeitures of
soldiers as before.

-clerks not to be employed in relation
to such fines, &c.

-to draw no money except upon an-
nual appropriations.

- manner of drawing money for, &c.

Be it enacted, &c. [SECTION 1.]

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[Par. 1.] That on and after the first day of July, eighteen hundred and

Post-office mon

seventy-five, the fees on money orders shall be, for orders not exceed- ey-orders; fees for. ing fifteen dollars, ten cents; exceeding fifteen, and not exceeding thirty R. S., § 4032. dollars, fifteen cents; exceeding thirty and not exceeding forty dollars, twenty cents; exceeding forty and not exceeding fifty dollars, twentyfive cents.

And no money-order shall be issued for a sum greater than fifty dol--not to be issued lars.

*

for more than $50. R. S., § 4032. [Par. 2.] (Sup.) [Hereafter no gauger [internal revenue] shall receive Gaugers' coma greater compensation than six dollars per day.]

pensation.
R. S., § 3157.
ch. 329, § 1, par. 4.

1874, June 20, ch. 328, § 1, par. 9. Superseded by 1878, June 19, [Par. 3.] It shall be the duty of the officer in charge of the Bureau of Bureau of StaStatistics to gather, collate, and annually report to the Secretary of the tistics to gather facts relating to Treasury, for transmission to Congress, statistics and facts relating to railroads, &c., and commerce with foreign nations and among the several States, the rail- to publish reports road systems of this and other countries, the construction and opera- quarterly. tion of railroads, the actual cost of such construction and operation of R. S., § 339. railroads, the actual cost of transporting freights and passengers on railroads, and on canals, rivers, and other navigable waters of the United States, the charges imposed for such transportation of freight and passengers, and the tonnage transported; and the reports now by law required to be prepared and published monthly in the said Bureau of Statistics shall hereafter be prepared and published quarterly, under the direction of the Secretary of the Treasury.

unteers not to have

1879, March 3,

[Par. 4.] That so much of the act entitled (1) "An act to incorporate National Home a National Military and Naval Asylum for the relief of totally disabled for Disabled Volofficers and men of the volunteer forces of the United States", approved fines and forfeitMarch third, eighteen hundred and sixty five, and of all acts amendatory ures of soldiers as thereof, as provides "that for the establishment and support of said asy- before. lum there shall be appropriated all stoppages or fines adjudged against R. S., § 4831. officers and soldiers by sentence of court-martial or military commission, ch. 182, § 1, Par. 7. over and above the amounts necessary for the re-imbursement of the Government or of individuals; all forfeitures on account of desertion from the service; and all moneys due deceased officers and soldiers which now are or may be unclaimed for three years after the death of such officers and soldiers," be, and the same is hereby, repealed, to take effect on and after the first day of April, eighteen hundred and seventy-five.

NOTE. (1) The provisions of the acts here referred to, 1865, ch. 91, § 5 (13 Stat. L., 510), and 1866, ch. 21, § 5 (14 Stat. L., 10), are incorporated into Revised Statutes in § 4032, noted in the margin.

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