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thereof, unless the Postmaster-General shall consider such bid or bids too high, and in case each of said bids shall be considered too high, then the Postmaster-General shall be authorized to enter into contract, at a price less than that named in said bids, with any person, whether a bidder or not, who will enter into contract to perform the service in accordance with the terms and provisions prescribed for the execution of other contracts for similar service; and in case no satisfactory contract can be thus obtained, he shall re-advertise such route.
of contractor to perform service.
And if any bidder whose bid has been accepted, and who has entered Proceedings on into a contract to perform the service according to his proposal, and in failure or refusal pursuance of his contract has entered upon the performance of the service, to the satisfaction of the Postmaster-General, shall subsequently fail or refuse to perform the service according to his contract, the Postmaster General shall proceed to contract with the next lowest bidder for such service, under the advertisement thereof, (unless the PostmasterGeneral shall consider such bid too high) who will enter into contract and give bond, with sureties, to be approved by the Postmaster-General, for the faithful performance thereof, in the same penalty and with the same terms and conditions thereto annexed as were stated and contained in the bond which accompanied his bid;
And in case said next lowest bidder shall decline to enter into contract for the performance of such service, then the Postmaster-General may award the service to, and enter into contract with, any person, whether a bidder on said route or not, who will enter into contract to perform the service and execute a bond of like tenor and effect as that required of bidders, in a penalty to be prescribed, and with sureties to be approved by the Postmaster-General, for the performance of the service contracted to be performed at a price not exceeding that named in the bid of the said next lowest bidder;
And if no contract can be secured at the price named in said next lowest bid, then the Postmaster-General shall proceed to secure a contract, at a price not considered too high, with any person who will execute such contract in accordance with the law applicable thereto, giving in all cases, the preference to the regular bidders on the list whose bids do not exceed the price at which others will contract therefor;
And if no satisfactory contract can be thus secured, the route shall be re-advertised.
1879, June 12, cb.
Whenever an accepted bidder shall fail to enter into contract, or a -on failure of accontractor on any mail-route shall fail or refuse to perform the service cepted bidder, &c., on said route according to his contract, or when a new route shall be to enter into conestablished or new service required, or when, from any other cause, there 1878, May 17, ch shall not be a contractor legally bound or required to perform such serv- 107, § 4. ice, the Postmaster-General may make a temporary contract for carrying the mail on such route, without advertisement, for such period as may be necessary, not in any case exceeding six months, until the service shall have commenced under a contract made according to law: Provided however, That the Postmaster-General shall not employ temporary service on any route at a higher price than that paid to the contractor who shall have performed the service during the last preceeding contract term.
Limit of price of temporary service.
An in all cases of regular contracts hereafter made, the contract may, Contracts may in the discrétion of the Postmaster-General, be continued in force beyond be continued six months beyond its express terms for a period not exceeding six months, until a new con- term. tract with the same or other contractors shall be made by the Postmaster-General."
And that section thirty-nine hundred and fifty-four of the Revised Statutes be amended to read as follows: (1)
"Any person or persons bidding for the transportation of the mails upon any route which may be advertised to be let, and receiving an award of the contract for such service, who shall wrongfully refuse or fail to enter into contract with the Postmaster-General in due form to perform NOTE. (1) This amendment has been incorporated into § 3954 of the second edition of the Revised Statutes.
Penalty for wrongfully failing to enter into contract.
R. S., § 3954.
-prima facie evidence in such case.
the service described in his or their bid or proposal, or having entered into such contract shall wrongfully refuse or fail to perform such serv. ice, shall, for any such failure or refusal, be deemed guilty of a misdemeanor, and be punished by a fine of not more than five thousand dollars, and by imprisonment for not more than twelve months.
"And the failure or refusal of any such person or persons to enter into such contract in due form, or having entered into such contract the failure or refusal to perform such service, shall be prima-facie evidence in all actions or prosecutions arising under this section that such failure or refusal was wrongful." [August 11, 1876.]
Aug. 12, 1876.
19 Stat. L., 131.
AN ACT CONCERNING THE EMPLOYMENT OF INDIAN SCOUTS.
One thousand Indian scouts to be employed, and -to receive pay for use of their own horses. appropriate number of commissioned officers.
Be it enacted, &c., That so much of the Army appropriation act of Indian scouts to be twenty-fourth July, eighteen hundred and seventy-six, as limits the employed, and ap- number of Indian scouts to three hundred is hereby repealed; and secpropriate number tions ten hundred and ninety-four and eleven hundred and twelve of the Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force:
of commissioned officers.
R. S., §§ 1094,
Provided, That a proportionate number of non-commissioned officers may be appointed.
And the scouts, when they furnish their own horses and horse-equipments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. [August 12, 1876.]
Aug. 14, 1876.
AN ACT ESTABLISHING THE PORT OF SAINT PAUL, MINNESOTA, AS A PORT OF AP
tered at and trans
1. Imports for transportation in bond may be
Be it enacted, &c.
2. Appraiser at Saint Paul to have salary of $2,000.
Imports for [SECTION 1], (Sup.) [That the provisions contained in, and the priv transportation in ileges accorded by, sections (1) twenty-nine hundred and ninety, twentybond may be en- nine hundred and ninety-one, twenty-nine hundred and ninety-two, ported to Saint twenty-nine hundred and ninety three, twenty-nine hundred and ninetyPaul, Minn. four, twenty-nine hundred and ninety-five, twenty-nine hundred and R. S., §§ 2990- ninety-six, and twenty-nine hundred and ninety-seven, of the Revised Statutes be extended to, and held to include, the port of Saint Paul in
See 1880, June 10, the collection-district of Minnesota.]
ch. 190, §§ 7,8.
SEC. 2. That the appraiser (2) at the port of Saint Paul shall receive Saint Paul to have the same amount of salary that the deputy collector of that port now salary of $2,000. receives. [August 14, 1876.]
R. S., §§ 2595,
NOTES (1) These sections are repealed by act of 1880, June 10, ch. 190, and new provisions therein made superseding this section.
(2) When, by the first section of this act, Saint Paul was added to the list of ports at which imports might be entered for transportation in bond, &c., it seems to have been assumed that an appraiser for that port could be appointed by existing law; and it would have been so under the act of 1870, ch. 255, § 36 (16 Stat. L., 271); but the general authority to appoint an appraiser at each of said ports. for which an appraiser of imported merchandise is not now provided for by law, was not incorporated into the Revised Statutes.
Thus the only authority for appointing an appraiser at Saint Paul is found in the second section of this act fixing the salary of such an officer.
AN ACT TO PUNISH THE COUNTERFEITING OF TRADE-MARK GOODS AND THE SALE OR
Be it enacted, &c.
Aug. 14, 1876.
19 Stat. L., 141.
[SECTION 1], That every person who shall with intent to defraud, deal. Penalty for dealin or sell, or keep or offer for sale, or cause or procure the sale of, any similitude of tradein in goods of substantially the same descriptive properties as those referred mark goods with to in the registration of any trade mark, pursuant to the statutes of the intent to defraud. United States, to which, or to the package in which the same are put R. S., 4937up, is fraudulently affixed said trade-mark, or any colorable imitation 1881, March 3, thereof, calculated to deceive the public, knowing the same to be coun- ch. 138. terfeit or not the genuine goods referred to in said registration, shall, on conviction thereof, be punished by fine not exceeding one thousand dollars, or imprisonment not more than two years, or both such fine and Gen., 586. imprisonment.
100 U. S, 82.
mark or imitation
SEC. 2. That every person who fraudulently affixes, or causes or pro- for fraudulently cures to be fraudulently affixed, any trade-mark registered pursuant to affixing tradethe statutes of the United States, or any colorable imitation thereof, to goods, &c. calculated to deceive the public, to any goods, of substantially the same descriptive properties as those referred to in said registration, or to the package in which they are put up, knowing the same to be counterfeit, or not the genuine goods, referred to in said registration, shall on conviction thereof, be punished as prescribed in the first section of this act.
SEC. 3. That every person who fraudulently fills, or causes or procures - fraudulently to be fraudulently filled, any package to which is affixed any trade-mark, filling package registered pursuant to the statutes of the United States, or any color- bearing registered trade-mark. able imitation thereof, calculated to deceive the public, with any goods of substantially the same descriptive properties as those referred to in said registration, knowing the same to be counterfeit, or not the genuine goods referred to in said registration, shall, on conviction thereof, be punished as prescribed in the first section of this act.
SEC. 4. That any person or persons who shall, with intent to defraud -making, &c., any person or persons, knowingly and willfully cast, engrave, or manu- trade-mark dies facture, or have in his, her, or their possession, or buy, sell, offer for with intent to desale, or deal in, any die or dies, plate or plates, brand or brands, engraving or engravings, on wood, stone, metal, or other substance, moulds, or any false representation, likeness, copy, or colorable imitation of any die, plate, brand, engraving, or mould of any private label, brand, stamp, wrapper, engraving on paper or other substance, or trade mark, registered pursuant to the statutes of the United States, shall, upon conviction thereof, be punished as prescribed in the first section of this act.
SEC. 5. That any person or persons who shall, with intent to defraud – forging or counany person or persons, knowingly and willfully make, forge, or coun- terfeiting tradeterfeit, or have in his, her, or their possession, or buy, sell, offer for marks. sale, or deal in, any representation, likeness, similitude, copy, or colorable imitation of any private label, brand, stamp, wrapper, engraving, mould, or trade mark, registered pursuant to the statutes of the United States, shall, upon conviction thereof, be punished as prescribed in the first section of this act.
SEC. 6. That any person who shall, with intent to injure or defraud the owner of any trade-mark, or any other person lawfully entitled to use or protect the same, buy, sell, offer for sale, deal in or have in his possession any used or empty box, envelope, wrapper, case, bottle, or other package, to which is affixed, so that the same may be obliterated
Dealing in empty packages bearing trade-marks with
intent to defrand.
without substantial injury to such box or other thing aforesaid, any trade-mark, registered pursuant to the statutes of the United States, not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, shall, on conviction thereof, be punished as prescribed in the first section of this act.
SEC. 7. That if the owner of any trade-mark, registered pursuant to for counterfeit the statutes of the United States, or his agent, make oath, in writing, plates, trade- that he has reason to believe, and does believe, that any counterfeit marks, &c. dies, plates, brands, engravings on wood, stone, metal, or other substance, or moulds, of his said registered trade mark, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, or makes such oaths that any counterfeits or colorable imitations of his said trade-mark, label, brand, stamp, wrapper, engraving on paper or other substance, or empty box, envelope, wrapper, case, bottle, or other package, to which is affixed said registered trade-mark not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, then the several judges of the circuit and district courts of the United States and the Commissioners of the circuit courts may, within their respective jurisdictions, proceed under the law relating to search-warrants, and may issue a search-warrant authorizing and directing the marshal of the United States for the proper district to search for and seize all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, and said counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper, or other substance, and said empty boxes, envelopes, wrappers, cases, bottles, or other packages that can be found;
Plates, &c., may be destroyed.
And upon satisfactory proof being made that said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, are to be used by the holder or owner for the purposes of deception and fraud, that any of said judges shall have full power to order all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, to be publicly destroyed.
SEC. 8. That any person who shall, with intent to defraud any person or persons, knowingly and willfully aid or abet in the violation of any of the provisions of this act, shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars, or imprisonment not more than one year, or both such fine and imprisonment. [August 14, 1876.]
AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL
Aug. 15, 1876.
19 Stat. L., 143.
[Par. 1.] The following prices may be paid for folding books, pamphlets,
Prices to be paid
speeches, and the Daily Record, namely: For quarto volumes not ex- Daily Record, &c., ceeding one cent per volume; for octavo volumes, not exceeding one-half for Congress. cent each per volume; for the Daily Record, not exceeding two dollars 1880, June 15, ch. per thousand; and for speeches not exceeding one dollar per thousand. 225, par. 1.
[Par. 2.] So much of the Joint Resolution approved July fifteenth, eighteen hundred and seventy, as authorizes the employment of additional police force is hereby repealed to take effect from and after the thirtieth day of June eighteen hundred and seventy-six.(1)
Additional police force at Capitol not to be employed. R. S., 1826.
[Par. 3.] The term "Public Printer" as employed in that part of the act making appropriations for sundry civil expenses of the Government successor to Confor the current fiscal year which repeals all laws providing for the elec- gressional Printer. tion or appointment of Public Printer shall be construed as embracing R. S., § 3758. 1874, June 20, ch. that officer whether known as Congressional Printer or Public Printer. 328, par. 4. June 23, ch. 455, § 1, par. 1. 1876, July 31, ch. 246, par. 1. [Par. 4.] The Architect of the Capitol shall have the care and superArchitect of Capintendence of the Capitol including, lighting, and shall submit through itol; additional the Secretary of the Interior, estimates thereof:
duties transferred to him.
R. S., §§ 1797,
And provided further, That all the duties relative to the Capitol building heretofore performed by the Commissioner of public buildings and 1816, 1817. grounds, shall hereafter be performed by the Architect of the Capitol, whose office shall be in the Capitol building.
[Par. 5.] Hereafter the transmission of internal revenue stamps to the officers of the internal revenue service shall be made through the mails stamps to be sent of the United States in registered packages.
Compensation of gaugers and store3153,
[Par. 6.] Hereafter no storekeeper shall receive a greater compensation than four dollars per day; and said gaugers and storekeepers, respectively shall only receive compensation when rendering actual service. R. S., § 3157. 1879, June 21, ch. 34. Internal-revenue
And it shall be the duty of the President, and he is hereby authorized and directed, to reduce the number of internal revenue districts to not exceeding one hundred and thirty-one in the manner heretofore provided by law, which reduction shall take effect on the first day of September, eighteen hundred and seventy-six or as soon thereafter as may be practicable. And sections thirty-one hundred and fifty-nine, and thirty-one hundred and sixty of the Revised Statutes, and all laws and parts of laws in conflict with the provisions of the foregoing paragraphs relating to the internal revenue service, are hereby repealed.(2)
districts reduced. R. S., § 3141.
Supervisors of internal revenue abolished, repealing
R. S., § 3159, 3160.
sioner and collectors.
The powers of transfer, and of suspension, of officers conferred upon -power of, transsupervisors by section thirty-one hundred and sixty-three of the Revised ferred to CommisStatutes, are hereby vested in the Commissioner of Internal Revenue; and all other powers conferred, and duties imposed, by said section upon supervisors, are hereby conferred and imposed upon collectors of internal revenue within their respective districts.
NOTES (1) That part of the resolution of 1870, July 15, No. 131 (16 Stat. L., 391) here referred to, is
R. S., § 3154, 3159, 3100,3163. 1879, March 1, ch. 125, § 2.