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Act extended to
And all the rights and privileges extended by this act to homestead settlers under act and preemption settlers, shall apply to, and include, the settlers under growth of timber. an act entitled "An Act to encourage the growth of timber on western R. S., § 2317, prairies," approved March third, eighteen hundred and seventy-three and the acts amendatory thereof.(1) [June 19, 1876.]
1879, July 1, ch.
NOTE.-(1) The act of 1873, ch. 277 (17 Stat. L., 605), here referred to, is incorporated in the Revised
June 20, 1876.
19 Stat. L., 60.
AN ACT RELATING TO THE EXECUTION OF CUSTOM-HOUSE BONDS.
Bonds of partnerships for payment of customs duties may be executed by one member in name of firm.
Bonds of partBe it enacted, &c., That when any bond is required by law to be exenerships for pay- cuted by any firm or partnership for the payment of duties upon goods, ment of customs wares or merchandise, imported into the United States by such firm or duties may be exe- partnership, the execution of such bond by any member of such firm or cuted by one member in name of firm. partnership, in the name of said firm or partnership, shall bind the other R. S., § 2776- members or partners thereof, in like manner and to the same extent, as 2778, 2825, 2842, if such other members or partners had personally executed the same. And any action or suit may be instituted on such bond against all the members or partners of such firm, as if all of the members or partners had executed the same. [June 20, 1876.]
June 20, 1876. 19 Stat. L., 60.
Cheboygan made port of delivery,
instead of Duncan City.
AN ACT ESTABLISHING CHEBOYGAN, IN THE STATE OF MICHIGAN, A PORT OF DE
Cheboygan made port of entry instead of Duncan City.
Be it enacted, &c., That Cheboygan, in the State of Michigan, being within the collection district of Michigan, be, and the same hereby is, declared a port of delivery instead of Duncan City; and the office of R. S., § 2599, deputy collector now located at Duncan City be, and the same is hereby, par. 1. removed to Cheboygan. And all acts and parts of acts declaring Duncan City a port of entry are hereby repealed. [June 20, 1876.]
June 26, 1876.
19 Stat. L., 61.
Number of assist
AN ACT TO REDUCE THE NUMBER AND INCREASE THE EFFICIENCY OF THE MEDICAL
Number of assistant surgeons in Army.
Additional grade of surgeons established.
Be it enacted, &c., That the number of assistant surgeons now allowed ant surgeons in Ar- by law shall be reduced to one hundred and twenty-five;
R. S., § 1168.
Medical storekeepers abolished. Additional
grades of surgeons
That the office of medical storekeeper is hereby abolished;
That from and after the passage of this act, in addition to the grades now allowed by law, there shall be four surgeons with the rank, pay, and emoluments of colonel; eight surgeons with the rank, pay and emoluments of lieutenant-colonels, to be promoted by seniority from the medical officers of the Army;
That this shall not be construed to deprive any medical officer or storekeeper now in office of his commission in the United States Army. [June 26, 1876.]
AN ACT TO FURTHER THE ADMINISTRATION OF JUSTICE IN THE STATE OF COLORADO.
1. Colorado: subject to laws of United States. -to constitute a judicial district, with a judge, marshal, and district attorney.
-part of eighth judicial circuit.
-circuit and district courts in, when and where held, and juries for.
2. Jurisdiction of circuit and district courts in.
3. Salary of district judge.
4. Marshal, district attorney, clerk of courts, and other officers of courts in.
Be it enacted, &c.
5. Appeals from, and writs of error in Supreme
Succession to supreme court of Territory.
6. Judgment of supreme court of Territory; how
7. District judge of Nebraska to act tempora-
8. Transfer of cases from Territorial courts to
June 26, 1876.
19 Stat. L., 61.
[SECTION 1], That when the State of Colorado shall be admitted into the Union, according to the provisions of the act entitled "An act to to laws of United enable the people of Colorado to form a constitution and State govern- 1875, March 3, ment, and for the admission of said State into the Union on an equal ch. 139. footing with the original States," approved March third, eighteen hundred and seventy-five, (1) the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States;
And said State shall constitute one judicial district, to be called the district of Colorado; and for said district a district judge and a marshal and a district attorney of the United States shall be appointed by the President, by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for similar officers in the other States, except as herein otherwise provided;
4 Dillon, 251.
to constitute a judicial district, with a judge, marshal, and district attorney.
R. S., § 530.
And said district of Colorado shall be attached to, and constitute a part of eighth part of, the eighth judicial circuit;
And a term of the circuit court and district court for said district shall be held at Denver in said State on the first Tuesday of July and the first Tuesday of December in each year.
And one grand jury and one petit jury only shall be summoned and serve in both of said courts.
when and where
circuit and district
R. S., §§ 563, 629.
SEC. 2. That the circuit and district courts for the district of Colorado, and the judges thereof respectively, shall possess the same powers and jurisdiction, and perform the same duties possessed and required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. SEC. 3. That the district judge appointed for the district of Colorado shall receive as his compensation the sum of three thousand five hun- judge. dred dollars a year, payable in four equal installments on the first days of January, April, July, and October of each year.
Salary of district
R. S., § 554.
officers of courts in.
SEC. 4. That the marshal, district attorney, and the clerk of the cir- Marshal, district cuit and district courts of said district of Colorado, and all other offi- attorney, clerk of cers and persons performing duties in the administration of justice courts, and other therein, shall severally possess the powers and perform the duties law-R. S., $$ 555, 619, fully possessed and required to be performed by similar officers in other 627,776, 824-829. districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to other similar officers and persons performing similar duties by the laws of the United States, excepting such provisions thereof as are specially applicable to some particular officer or district.
SEC. 5. That all cases of appeal or writ of error heretofore prose- Appeals from and cuted and now pending in the Supreme Court of the United States writs of error in upon any record from the supreme court of the Territory of Colorado, United States. Supreme Court of or that may hereafter be lawfully prosecuted from said court, may be R. S., § 702. heard and determined by the Supreme Court of the United States, and the remand of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district
NOTE. (1) The President issued his proclamation August 1, 1876, hereinafter printed, 1876, No. 6, declaring the admission of Colorado as a State into the Union.
Succession to supreme court of Territory.
court of the district of Colorado, or to the supreme court of the State of Colorado, as the nature of the case may require;
And each of said last-mentioned courts shall be the successor of the supreme court of Colorado Territory as to all such cases, with full power to proceed with the same and to award mesne or final process therein. Judgments of su- SEC. 6. That from all judgments and decrees of the supreme court of preme court of Ter- the Territory of Colorado prior to its admission as a State, the parties ritory; how ap- to such judgments shall have the same right to prosecute appeals and pealed from, &c. writs of error to the Supreme Court as they shall have had by law prior to the admission of said State into the Union.
Transfer of cases
courts to district and circuit courts.
District judge of SEC. 7. That until the judge for said district of Colorado shall be Nebraska to act duly appointed and qualified, the district judge of the United States temporarily. for the district of Nebraska shall act as the district judge of the district of Colorado, and shall have and exercise the same jurisdiction and powers in the district hereby created as he has in the district of Nebraska. SEC. 8. That in respect of all cases, proceedings, and matters pending from Territorial in the supreme or district courts of the Territory of Colorado at the time of the admission of said State into the Union, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had said courts existed at the time of the commencement of such cases, the said circuit and district courts respectively shall be the successors of said supreme and district courts of said Territory; and all the files, records and proceedings relating thereto shall be transferred to said circuit and district courts respectively, and the same shall be proceeded with therein in due course of law. [June 26, 1876.]
4 Dillon, 264, 265.
June 29, 1876.
19 Stat. L., 62.
District courts in
AN ACT TO AMEND SECTION ONE THOUSAND NINE
HUNDRED AND ELEVEN OF THE REVISED STATUTES OF THE UNITED STATES DEFINING THE JURISDICTION OF THE COURTS IN WASHINGTON TERRITORY.
District courts in Washington Territory have jurisdiction in all cases under laws of United States. Be it enacted, &c., That section one thousand nine hundred and eleven Washington Terri- of the Revised Statutes of the United States be amended by inserting tory have jurisdic- the words "and laws" after the word "Constitution" in the latter clause tion in all cases of said section. (1) [June 29, 1876.]
under laws of Uni
R. S., § 1911.
NOTE. (1) This amendment has been incorporated in the proper section in the second edition of the
June 30, 1876.
19 Stat. L., 63.
Receiver may be appointed when
national bank vio
AN ACT AUTHORIZING THE APPOINTMENT OF RECEIVERS OF NATIONAL BANKS, AND
1. Receiver may be appointed when national
2. Individual liability of shareholders in case of
3. When bank in hands of receiver has paid all
Powers of agent.
Be it enacted, &c.
Votes for agent on shares of deceased owners, how given.
4. Sale of stock of shareholder refusing to pay assessment.
5. Disbursing officers and bank officers to stamp counterfeit, altered, and worthless notes.
6. Savings and trust companies under United States laws to make and publish reports. -in District of Columbia to be subject to national banking laws.
[SECTION 1], That whenever any national banking association shall lates any provision be dissolved, and its rights, privileges, and franchises declared forfeited, of law, or neglects as prescribed in section fifty-two hundred and thirty-nine of the Revised for thirty days to Statutes of the United States, or whenever any creditor of any national pay a judgment, or banking association shall have obtained a judgment against it in any R. S., § 5234, court of record, and made application, accompanied by a certificate from the clerk of the court stating that such judgment has been rendered and
has remained unpaid for the space of thirty days, or whenever the Comptroller shall become satisfied of the insolvency of a national banking association, he may, after due examination of its affairs, in either case, appoint a receiver, who shall proceed to close up such association, and enforce the personal liability of the shareholders, as provided in section fifty-two hundred and thirty-four of said statutes.
R. S., § 5151,
SEC. 2. That when any national banking association shall have gone into liquidation under the provisions of section five thousand two hun- bility of shareholddred and twenty of said statutes, the individual liability of the share- dation; how oners in case of liquiholders provided for by section fifty-one hundred and fifty-one of said forced. statutes may be enforced by any creditor of such association, by bill in equity, in the nature of a creditor's bill, brought by such creditor on 5220. behalf of himself and of all other creditors of the association, against the shareholders thereof, in any court of the United States having original jurisdiction in equity for the district in which such association may have been located or established.
When bank in
hands of receiver has paid all creditors, &c., stock
turned over to him.
SEC. 3. That whenever any association shall have been or shall be placed in the hands of a receiver, as provided in section fifty two hundred and thirty-four and other sections of said statutes, and when, as provided in section fifty-two hundred and thirty-six thereof, the Comp holders may elect troller shall have paid to each and every creditor of such association, agent to manage not including shareholders who are creditors of such association, its affairs, and efwhose claim or claims as such creditor shall have been proved or allowed fects of bank to be as therein prescribed, the full amount of such claims and all expenses R. S., § 5141, of the receivership, and the redemption of the circulating notes of such 5191, 5194, 5201, association shall have been provided for by depositing lawful money of 5234, 5236 the United States with the Treasurer of the United States, the Comptroller of the Currency shall call a meeting of the shareholders of such association by giving notice thereof for thirty days in a newspaper published in the town, city, or county where the business of such association was carried on, or if no newspaper is there published, in the newspaper published nearest thereto, at which meeting the shareholders shall elect an agent, voting by ballot, in person or by proxy, each share of stock entitling the holder to one vote;
And when such agent shall have received votes representing at least a majority of the stock in value and number of shares, and when any of the shareholders of the association shall have executed and filed a bond to the satisfaction of the Comptroller of the Currency, conditioned for the payment and discharge in full of any and every claim that may hereafter be proved and allowed against such association by and before a competent court, and for the faithful performance and discharge of all and singular the duties of such trust, the Comptroller and the receiver shall thereupon transfer and deliver to such agent all the undivided or uncollected or other assets and property of such association then remaining in the hands or subject to the order or control of said Comptroller and said receiver, or either of them;
And for this purpose, said Comptroller and said receiver are hereby severally empowered to execute any deed, assignment, transfer, or other instrument in writing that may be necessary and proper; whereupon the said Comptroller and the said receiver shall, by virtue of this act, be discharged and released from any and all liabilities to such associa tions, and to each and all of the creditors and shareholders thereof;
And such agent is hereby authorized to sell, compromise, or compound the debts due to such association upon the order of a competent court of record or of the United States circuit court for the district where the business of the association was carried on.
Such agent shall hold, control, and dispose of the assets and property of any association which he may receive as herein before provided for the benefit of the shareholders of such association as they, or a majority of them in value or number of shares, may direct, distributing such assets and property among such shareholders in proportion to the shares held by each; and he may, in his own name or in the name of such asso
Powers of agent.
Votes for agent on shares of deceased owners;
Sale of stock of
shareholder refus ing to pay assessment.
R. S., § 5205.
ciation, sue and be sued, and do all other lawful acts and things necessary to finally settle and distribute the assets and property in his hands. In selecting an agent as herein before provided, administrators or executors of deceased shareholders may act and sign as the decedent might have done if living, and guardians may so act and sign for their
ward or wards.
SEC. 4. That the last clause of section fifty-two hundred and five of said statutes is hereby amended by adding to the said section the following proviso: (1)
"And provided, That if any shareholder or shareholders of such bank shall neglect or refuse, after three months' notice, to pay the assessment, as provided in this section, it shall be the duty of the board of directors to cause a sufficient amount of the capital stock of such shareholder or shareholders to be sold at public auction (after thirty days' notice shall be given by posting such notice of sale in the office of the bank, and by publishing such notice in a newspaper of the city or town in which the bank is located, or in a newspaper published nearest thereto,) to make good the deficiency, and the balance, if any, shall be returned to such delinquent shareholder or shareholders.
Disbursing offi- SEC. 5. That all United States officers charged with the receipt or discers and bank offi- bursement of public moneys, and all officers of national banks, shall stamp terfeit, altered, or write in plain letters the word "counterfeit" "altered" or "worthand worthless less," upon all fraudulent notes issued in the form of, and intended to
cers to stamp coun
circulate as money, which shall be presented at their places of business; and if such officers shall wrongfully stamp any genuine note of the United States, or of the national banks, they shall, upon presentation, redeem such notes at the face-value thereof.
Savings and SEC. 6. That all savings-banks or savings and trust companies organtrust companies ized under authority of any act of Congress shall be, and are hereby, under United States laws to required to make, to the Comptroller of the Currency, and publish, all make and publish the reports which national banking-associations are required to make reports. and publish under the provisions of sections fifty two hundred and R. S., §§ 5211- eleven, fifty-two hundred and twelve and fifty two hundred and thirteen, of the Revised Statutes, and shall be subject to the same penalties for failure to make or publish such reports as are therein provided; which penalties may be collected by suit before any court of the United States in the district in which said savings banks or savings and trust companies may be located
in District of Co
lumbia to be sub-
And all savings or other banks now organized, or which shall hereafter be organized, in the District of Columbia, under any act of Conwhich shall have capital stock paid up in whole or in part, shall be subject to all the provisions of the Revised Statutes, and of all acts of Congress applicable to national banking associations, so far as the same may be applicable to such savings or other banks:
Provided, That such savings banks now established shall not be required to have a paid-in capital exceeding one hundred thousand dol lars. [June 30, 1876.]
NOTE.-(1) This provision has been added to § 5205 in the second edition of the Revised Statutes.
June 30, 1876.
19 Stat. L., 65.
In Navy, mileage
allowed to officers
AN ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE YEAR ENDING
[Par. 1.] And so much of the act of June sixteenth, one thousand eight