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And, in addition thereto, the said company shall, on said day in each year, pay into the Treasury, to the credit of said sinking-fund, the sum of eight hundred and fifty thousand dollars, or so much thereof as shall be necessary to make the five per centum of the net earnings of its said road payable to the United States under said act of eighteen hundred and sixty-two, and the whole sum earned by it as compensation for services rendered for the United States, together with the sum by this section required to be paid, amount in the aggregate to twenty-five per centum of the whole net earnings of said railroad company, ascertained and defined as herein before provided, for the year ending on the thirty-first day of December next preceding.

Secretary of

SEC. 5. That whenever it shall be made satisfactorily to appear to the Secretary of the Treasury, by either of said companies, that seventy- Treasury to remit into sinking-fund five per centum of its net earnings as hereinbefore defined, for any cur- percentage on net rent year are or were insufficient to pay the interest for such year upon earnings. the obligations of such company, in respect of which obligations there may exist a lien paramount to that of the United States, and that such interest has been paid out of such net earnings, said Secretary is hereby authorized, and it is made his duty, to remit for such current year so much of the twenty-five per centum of net earnings required to be paid into the sinking-fund, as aforesaid, as may have been thus applied and used in the payment of interest as aforesaid.

No dividend to

SEC. 6. That no dividend shall be voted, made, or paid for or to any stockholder or stockholders in either of said companies respectively at be voted, &c., in any time when the said company shall be in default in respect of the case of default. payment either of the sums required as aforesaid to be paid into said sinking-fund, or in respect of the payment of the said five per centum

of the net earnings, or in respect of interest upon any debt the lien of which, or of the debt on which it may accrue, is paramount to that of the United States;

Liabilities of of

And any officer or person who shall vote, declare, make, or pay, and any stockholder of any of said companies who shall receive any such ficers, &c., to redividend contrary to the provisions of this act, shall be liable to the pay dividends ilUnited States for the amount thereof, which, when recovered, shall be legally made.

paid into said sinking-fund.

And every such officer, person, or stockholder who shall knowingly Penalty on offivote, declare, make, or pay any such dividend, contrary to the provis- cers, &c., for votions of this act, shall be deemed guilty of a misdemeanor, and, on con- ing, &c., to pay viction thereof, shall be punished by a fine not exceeding ten thousand illegal dividends. dollars, and by imprisonment not exceeding one year.

Application of

SEC. 7. That the said sinking-fund so established and accumulated shall, at the maturity of said bonds so respectively issued by the United sinking-fund. States, be applied to the payment and satisfaction thereof, according to the interest and proportion of each of said companies in said fund, and of all interest paid by the United States thereon, and not reimbursed, subject to the provisions of the next section.

Priorities in ap

SEC. 8. That said sinking-fund so established and accumulated shall, according to the interest and proportion of said companies respectively plication of sinking-fund. therein, be held for the protection, security, and benefit of the lawful and just holders of any mortgage or lien debts of such companies respectively, lawfully paramount to the rights of the United States, and for the claims of other creditors, if any, lawfully chargeable upon the funds so required to be paid into said sinking-fund, according to their respective lawful priorities, as well as for the United States, according to the principles of equity, to the end that all persons having any claim upon said sinking fund may be entitled thereto in due order;

But the provisions of this section shall not operate or be held to impair any existing legal right, except in the manner in this act provided, of any mortgage, lien, or other creditor of any of said companies respectively, nor to excuse any of said companies respectively from the duty of discharging, out of other funds, its debts to any creditor except the United States.

stitute lien on

panies.

Liabilities to SEC. 9. That all sums due to the United States from any of said comUnited States con- panies respectively, whether payable presently or not, and all sums property of com- required to be paid to the United States or into the Treasury, or into said sinking-fund under this act, or under the acts herein before referred to, or otherwise, are hereby declared to be a lien upon all the property, estate, rights, and franchises of every description granted or conveyed by the United States to any of said companies respectively or jointly, and also upon all the estate and property, real, personal, and mixed, assets, and income of the said several railroad companies respectively, from whatever source derived, subject to any lawfully prior and paramount mortgage, lien, or claim thereon.

Companies not But this section shall not be construed to prevent said companies reprevented from spectively from using and disposing of any of their property or assets disposal of prop in the ordinary, proper and lawful course of their current business, in erty in ordinary good faith and for valuable consideration.

manner.

States.

Enforcement of SEC. 10. That it is hereby made the duty of the Attorney-General of rights of United the United States to enforce, by proper proceeding against the said several railroad companies respectively or jointly, or against either of them, and others, all the rights of the United States under this act and under the acts herein before mentioned, and under any other act of Congress or right of the United States;

Forfeiture of

franchises on failure to comply with this act.

This and former

acts subject to alteration, repeal,

&c.

Existing rem edies not affected.

This act deemed

mer acts.

And in any suit or proceeding already commenced, or that may be hereafter commenced, against any of said companies, either alone or with other parties, in respect of matters arising under this act, or under the acts or rights hereinbefore mentioned or referred to, it shall be the duty of the court to determine the very right of the matter without regard to matters of form, joinder of parties, multifariousness, or other matters not affecting the substantial rights and duties arising out of the matters and acts herein before stated and referred to.

SEC. 11. That if either of said railroad companies shall fail to perform all and singular the requirements of this act and of the acts hereinbefore mentioned, and of any other act relating to said company, to be by it performed, for the period of six months next after such performance may be due, such failure shall operate as forfeiture of all the rights, privileges, grants, and franchises, derived or obtained by it from the United States;

And it shall be the duty of the Attorney-General to cause such forfeiture to be judicially enforced.

SEC. 12. That nothing in this act shall be construed or taken in any wise to affect or impair the right of Congress at any time hereafter further to alter, amend, or repeal the said acts hereinbefore mentioned; and this act shall be subject to alteration, amendment, or repeal, as, in the opinion of Congress, justice or the public welfare may require.

And nothing herein contained shall be held to deny, exclude, or impair any right or remedy in the premises now existing in favor of the United States.

SEC. 13. That each and every of the provisions in this act contained as amending for- shall severally and respectively be deemed, taken, and held as in altera1862, ch. 120 (12 tion and amendment of said act of eighteen hundred and sixty-two and of said act of eighteen hundred and sixty-four respectively, and of both 1864, ch. 216 (13 said acts. [May 7, 1878.]

Stat. L., 489).

Stat. L., 356).

May 16, 1878.

20 Stat. L., 61.

Arms to be issued to Territories

CHAPTER 106.

AN ACT TO AMEND A JOINT RESOLUTION AUTHORIZING THE SECRETARY OF WAR TO
ISSUE ARMS, APPROVED JULY THIRD, EIGHTEEN HUNDRED AND SEVENTY-SIX.

Arms to be issued to Territories without limit of former law.

Be it enacted, &c., That a joint resolution, approved July third, eighteen hundred and seventy-six, entitled "Joint resolution authorizing the

former law.

Secretary of War to issue arms", be amended as follows, by inserting without limit of in the fifth line, after the word "States" and before the word "each," R. S., § 1667. the words "and Territories", and by striking out after the word "each" Res. 1876, July in said fifth line, and before the word "provided" in the sixth line, the 3, No. 13, p. 253. words "and not more than five hundred to each of said Territories":

Provided, That the quota to the States now authorized by law shall

not hereby be diminished. [May 16, 1878.]

CHAPTER 107.

AN ACT TO REGULATE THE ADVERTISING OF MAIL LETTINGS, AND FOR OTHER PUR

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May 17, 1878. 20 Stat. L., 61.

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R. S., §§ 38263828, 3941.

1876, July 12, ch. 179, § 1.

Be it enacted, &c. [SECTION 1], That before making any contract for inland mail trans- Mail-lettings; portation, other than by railroads and steamboats, except for temporary how to be adverservice, as provided for in an act approved August eleventh, eighteen hundred and seventy-six, amendatory of sub-sections two hundred and forty-six and two hundred and fifty-one of section twelve of an act approved June twenty-third, eighteen hundred and seventy-four, the Post- 1876, Aug. 11, ch. master-General shall cause to be published, in not exceeding ten newspapers published in the State or Territory in which such service is to be let, one of which shall be published at the seat of government of such State or Territory, once a week, for six consecutive weeks, preceding the time of letting, a notice in displayed type, not to exceed six inches of space in one column of a newspaper of the following purport:

of

MAIL LETTINGS.

NOTICE TO CONTRACTORS.

POST OFFICE DEPARTMENT, Washington, D. C. ——————————, —, 18—. Proposals will be received at the Contract Office of this Department until —, A. M. 18, for carrying the mails of the United States, upon the routes, and according to the schedule of arrival and departure specified by the Department, in the State (or Territory) of, from 18-, to 18-. Lists of routes, with schedules of arrivals and departures, instructions to bidders, with forms for contracts and bonds and all other necessary information will be furnished upon application to the Second Assistant Postmaster-General.

Postmaster-General.

and no other advertisement of miscellaneous lettings shall be required: Provided, That said contracts for mail letting shall not take place in less than sixty days after the first publication.

SEC. 2. Hereafter no sub-letting or transfer of any mail contracts shall be permitted without the consent in writing of the Postmaster-General; And whenever it shall come to the knowledge of the Postmaster-General that any contractor has sub let or transferred his contract, except with the consent of the Postmaster General as aforesaid, the same shall be considered as violated and the service may be again advertised as herein provided for; and the contractor and his securities shall be liable on their bond to the United States for any damage resulting to the United States in the premises.

260.

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In case of lawful SEC. 3. Hereafter, when any person or persons being under contract sub-lettings, &c., with the Government of the United States for carrying the mails, shall copy of contract to be filed and notice lawfully sub-let any such contract, or lawfully employ any other person given to Sixth Au- or persons to perform the service by such contractor agreed to be performed, or any part thereof, he or they shall file in the office of the Second Assistant Postmaster-General a copy of his or their contract;

ditor.

R. S., § 3963. 16 Opin. Att'yGen., 61, 280.

-notice what to contain.

Sub-contractors

tificate of Second Assistant Postmaster-General.

And thereupon it shall be the duty of the Second Assistant Postmaster General to notify the Auditor of the Treasury for the Post Office Department of the fact of the filing in his office of such contract.

Said notice shall embrace the name or names of the original contractor or contractors, the number of the route or routes, the name or names of the sub-contractor or sub-contractors, and the amount agreed to be paid to the sub-contractor or sub-contractors.

And upon the receipt of said notice by the Auditor of the Treasury to be paid on cer- for the Post Office Department, it shall be his duty to retain, out of the amount due the original contractor or contractors, the amount stated in said notice as agreed to be paid to the sub-contractor or sub-contractors, and shall pay said amount, upon the certificate of the Second Assistant Postmaster General, to the sub contractor or sub-contractors, under the same rules and regulations now governing the payments made to original contractors:

-unless they have been paid by contractors.

Post-office ad

Provided, That upon satisfactory evidence that the original contractor or contractors have paid off and discharged the amount due under his or their contract to the sub-contractor or sub-contractors, it shall be the duty of the Second Assistant Postmaster General to certify such fact to the Auditor of the Treasury for the Post Office Department;

And thereupon said Auditor shall settle with the original contractor or contractors, under the same rules as are now provided by law for such settlements.

SEC. 4. Hereafter all advertisements, notices, proposals for contracts, vertisements; at and all other forms of advertising required by law for the Post Office what rate to be paid for. Department may be paid for at a price not to exceed the commercial R. S., §§ 3826- rates charged to private individuals with the usual discounts, such rates to be ascertained from sworn statements to be furnished to the 1875, ch. 128, 1, Postmaster-General by the proprietors of the newspapers proposing to 1881, Jau. 21, ch. So advertise:

3828.

par. 2.

25.

Contracts for

water-routes between United

made.

Provided, That all advertising in newspapers since the tenth day of April, eighteen hundred and seventy-seven, shall be audited and paid at like rates.

But the Postmaster-General may secure lower terms at special rates, whenever the public interest requires it.

SEC. 5. When from any cause it may become necessary to make a new carrying mails on contract for carrying the mails upon any water route between ports of the United States, upon which mail service has previously been perStates ports; how formed, the Postmaster-General may contract with the owner or master of any steamship, steamboat or other vessel plying upon the waters or between ports of the United States, for carrying the mail upon said route for any length of time not exceeding four years and without advertising for proposals therefor whenever the public interest and convenience will thereby be promoted;

- when may be vertisements.

But the price paid for such service shall in no case be greater than the average price paid under the last preceding or then existing regular contract upon the same route.

And the Postmaster-General may contract with the owners or masters made without ad- of steamships steamboats or other vessels plying upon the waters or between ports of the United States for carrying the mails upon such routes where no mail service has previously been performed, without advertising for proposals therefor; but no contract for such new service shall be for a longer time than one year.

between United States and foreign ports not to be for

No contract for carrying the mails between the United States and any more than two foreign port shall be for a longer time than two years, unless otherwise directed by Congress.

years.

So much of sections thirty-nine hundred and forty-three, thirty-nine Sections of Rehundred and fifty-six, and thirty-nine hundred and seventy of the Revised vised Statutes Statutes as is in conflict with the preceding sections is hereby repealed.

SEC. 6. All laws or parts of laws inconsistent with this act are hereby repealed. [May 17, 1878.]

modified.

R. S., § 3943,

3956, 3970.
Repeal.

CHAPTER 109.

AN ACT EXTENDING THE PRIVILEGES OF SECTIONS TWENTY-NINE HUNDRED AND
NINETY TO TWENTY-NINE HUNDRED AND NINETY-SEVEN OF THE REVISED STAT-
UTES, INCLUSIVE, TO THE PORT OF BATH, IN THE STATE OF MAINE.

Imports for transportation in bond may be entered at or transported to Bath, Me.
Be it enacted, &c., (Sup.) [That the privileges of sections twenty-nine
hundred and ninety to twenty-nine hundred and ninety-seven of the Re-
vised Statutes, inclusive, be, and they are hereby, extended to the port
of Bath, in the State of Maine.] (1) [May 25, 1878.]

NOTE. (1) The sections of Revised Statutes here referred to are repealed, and this act superseded by act of 1880, June 10, ch. 190, where, in § 7, Bath is included among the places for which similar provisions are made.

May 25, 1878. 20 Stat. L., 63.

Imports for transportation in bond may be entered at or transported to Bath, Me. R. S., §§ 2990

2997.

See 1880, June 10, ch. 190, §§ 7,8.

CHAPTER 140.

AN ACT FOR THE RELIEF OF SETTLERS ON THE PUBLIC LANDS UNDER THE PRE-
EMPTION LAWS.

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Settlers on pub

Be it enacted, &c., That any person who has made a settlement on the public lands under the pre-emption laws, and has subsequent to such set- lic lands changing entries from pretlement changed his filing in pursuance of law to that for a homestead emption to homeentry upon the same tract of land, shall be entitled to have the time re- stead. quired to perfect his title under the homestead laws computed from the date of his original settlement heretofore made, or hereafter to be made, fect title. under the pre-emption laws, subject to all the provisions of the law relating to homesteads. [May 27, 1878.]

when may per

R. S., §§ 22592291.

1877, March 3, ch. 123.

1878, June 14, ch. 189.

CHAPTER 142.

AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES OF
THE INDIAN DEPARTMENT, AND FOR FULFILLING TREATY STIPULATIONS WITH
VARIOUS INDIAN TRIBES, FOR THE YEAR ENDING JUNE THIRTIETH, EIGHTEEN
HUNDRED AND SEVENTY-NINE, AND FOR OTHER PURPOSES.

Par. 1. Union agency in Indian Territory abol- Par. 2. Indians employed not deemed employés of
agencies, &c.

ished.

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

[Par. 1.] The Union agency in the Indian Territory is hereby abolished, and the duties heretofore devolving upon said agency are transferred to the office of the Commissioner of Indian Affairs.(1)

NOTE. (1) The Union agency in the Indian Territory, here referred to, was established under that
provision of the act making appropriations for the current expenses, &c., of the Indian Department
for the year ending June 30, 1875, whereby the sum of $1,500 was appropriated for that year for one
agent for the Cherokees, Creeks, Choctaws, and Chickasaws and Seminoles" (ch. 389, 18 Stat. L., 147).
The Revised Statutes provide, in § 2052, for forty-two (42) Indian agents, but that provision seems
never to have been regarded since the passage of those statutes. Indian agents now hold their office
and are paid, in point of fact, according to the provisions of annual appropriation acts, and these vary
each year.
Thus there have been appropriated for one year in each case by the act of 1874, ch. 389
(18 Stat. L, 146), for 69 agents; by the act of 1875, ch. 132 (18 Stat. L., 421), 70 agents; by the act of 1876,
ch. 289 (19 Stat. L., 176), 68 agents; by the act of 1877, ch. 101 (19 Stat. L., 271), 69 agents; by the act of
1878, ch. 142 (20 Stat. L., 64), 74 agents; by the act of 1879, ch. 87 (20 Stat. L., 295), 71 agents; by the act
of 1880, ch. 85 (21 Stat. L., 114), 68 agents. But these acts make no express change in the permanent
provisions of Revised Statutes, § 2052, and, being temporary, are not included in this edition.

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