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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

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 and circuit courts. time of the admission of said State into the Union, whereof the circuit 4 Dillon, 264, 265. 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.]

June 29, 1876.

19 Stat. L., 62.

District courts in

CHAPTER 154.

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

ted States.

R. S., § 1911.

NOTE. (1) This amendment has been incorporated in the proper section in the second edition of the
Revised Statutes.

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lates any provision

CHAPTER 156.

AN ACT AUTHORIZING THE APPOINTMENT OF RECEIVERS OF NATIONAL BANKS, AND
FOR OTHER PURPOSES.

SECTION

1. Receiver may be appointed when national
bank violates any provision of law or neg
lects for thirty days to pay a judgment, or
becomes insolvent.

2. Individual liability of shareholders in case of
liquidation; how enforced.

3. When bank in hands of receiver has paid all
creditors, &c., stockholders may elect agent
to manage its aflairs and effects of bank to
be turned over to him.
Powers of agent.

Be it enacted, &c.

SECTION

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.

Receiver may be appointed when [SECTION 1], That whenever any national banking association shall national bank vio- 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

becomes insolvent.

5239.

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.

Individual lia

dation; how onforced."

R. S., § 5151, 5220.

SEC. 2. That when any national banking association shall have gone into liquidation under the provisions of section five thousand two hun- bility of shareholders in case of liquidred and twenty of said statutes, the individual liability of the shareholders provided for by section fifty-one hundred and fifty-one of said 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 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

fects of bank to be

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 hun- hands of receiver has paid all creditdred and thirty-four and other sections of said statutes, and when, as ors, &c., stockprovided 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 of whose claim or claims as such creditor shall have been proved or allowed turned over to him. 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 associations, 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; how given.

Sale of stock of

shareholder refus ing to pay assessment.

R. S., § 5205.

cers to stamp coun

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 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.

notes.

reports.

Savings and SEC. 6. That all savings-banks or savings and trust companies organ. trust 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 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

5213.

-in District of Co

lumbia to be sub-
ject to national
banking laws.
R. S., § 5133-

5243.

And all savings or other banks now organized, or which shall hereafter be organized, in the District of Columbia, under any act of Congress, which 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 dollars. [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

CHAPTER 159.

AN ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE YEAR ENDING
JUNE THIRTIETH, EIGHTEEN HUNDRED AND SEVENTY-SEVEN, AND FOR OTHER
PURPOSES.

Par. 1. In Navy, mileage allowed to officers at
eight cents a mile.

Enlisted men to be reduced to seventy-five
hundred.

Be it enacted, &c.

*

Par. 2. Force at navy-yards not to be increased within sixty days before election, &c.

3. Officers of Marine Corps to be reduced to seventy-five.

[Par. 1.] And so much of the act of June sixteenth, one thousand eight

mile.
1874, June 16, ch.
285, $1.

R. S., § 1566.

hundred and seventy-four, making appropriations for the support of the at eight cents a Army for the fiscal year ending June thirtieth, one thousand eight hundred and seventy-five, and for other purposes, as provides that only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States while engaged on public business, as is applicable to officers of the Navy so engaged, is hereby repealed;

And the sum of eight cents per mile shall be allowed such officers while so engaged, in lieu of their actual expenses.

1875, March 3,

ch. 133, § 1, par. 1. 15 Opin. Att'yGen., 309.

14 Ct. Cl., 380.

be reduced to sev

And hereafter enlistments in the Navy shall cease until the number-enlisted men to of enlisted men is reduced to seven thousand five hundred: Provided, That section fourteen hundred and seventeen of the Revised enty-five hundred. Statutes shall be amended so as to read as follows:

Substitute for.

R. S., § 1417. Repeal and substitute, 1879, May

(Rep.) ["SEC. 1417. The number of persons who may at one time be enlisted into the Navy of the United States, including seamen, ordinary seamen, landsmen, mechanics, firemen, coal-heavers, apprentices, and 12, ch. 5. boys, shall not exceed seven thousand and five hundred.”] (1)

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[Par. 2.] And no increase of the force at any navy-yard shall be made at any time within sixty days next before any election to take place for President of the United States, or member of Congress, except when the Secretary of the Navy shall certify that the needs of the public service make such increase necessary at that time which certificate shall be im mediately published when made.

Force at navy

yards not to be in

creased within sixty days before election, except, &c.

R. S., § 1543, 1544.

[Par. 3.] And from and after the passage of this act, there shall be no Officers of Maappointments, except by promotion, to fill vacancies occurring in the list rine Corps to be of commissioned officers of the Marine Corps until the number of such reduced to seventy-five. officers shall have been reduced, by casualties or otherwise, to seventy-R. S., § 1596. five. [June 30, 1876.]

NOTE. (1) This amendment is incorporated into the second edition of the Revised Statutes in § 1417, but the whole is repealed and a substitute enacted by 1879, May 12, ch. 5.

CHAPTER 165.

AN ACT TO REPEAL SECTION TWO THOUSAND THREE HUNDRED AND THREE OF THE
REVISED STATUTES OF THE UNITED STATES, MAKING RESTRICTIONS IN THE DIS-
POSITION OF THE PUBLIC LANDS IN THE STATES OF ALABAMA, MISSISSIPPI,
LOUISIANA, ARKANSAS AND FLORIDA, AND FOR OTHER PURPOSES. (1)

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July 4, 1876.

19 Stat. L., 73.

Public lands in

Be it enacted, &c., That section two thousand three hundred and three of the Revised Statutes of the United States, confining the disposal of Alabama, Missisthe public lands in the States of Alabama, Mississippi, Louisiana, Ar- Arkansas, and sippi, Louisiana, kansas, and Florida to the provisions of the homestead law, be, and the Florida to be dissame is hereby, repealed: (1) posed of as other public lands are. R. S., § 2303.

Provided, That the repeal of said section shall not have the effect to impair the right, complete or inchoate, of any homestead settler, and no land occupied by such settler at the time this act shall take effect, shall be subject to entry, pre-emption, or sale:

And provided, That the public lands affected by this act, shall be offered at public sale, as soon as practicable from time to time, and according to the provisions of existing law, and shall not be subject to private entry until they are so offered. [Became a law without approval of President July 4, 1876.]

NOTE. (1) This act is incorporated into § 2303 of the second edition of the Revised Statutes.

to be sold at public sale. 1877, Jan. 12, ch.

18.

July 5, 1876.

19 Stat. L., 74.

CHAPTER 166.

AN ACT TO EXTEND THE TIME FOR FILING CLAIMS FOR ADDITIONAL BOUNTY UNDER
THE ACT OF JULY TWENTY-EIGHTH, Eighteen HUNDRED AND SIXTY-SIX, WHICH
EXPIRED, BY LIMITATION, ON JANUARY THIRTIETH, EIGHTEEN HUNDRED AND
SEVENTY-FIVE, UNTIL JULY FIRST, EIGHTEEN HUNDRED And Eighty.

Time for filing claims for additional bounty extended to July, 1880, according to statute of 1866, printed in note.

Time for filing Be it enacted, &c., That the time for filing claims for additional bounty claims for addi- under the act of July twenty-eighth, eighteen hundred and sixty-six, (1) tional bounty ex- and which expired by limitation on the thirtieth day of January, eighteen tended to July 1, 1880. hundred and seventy-five, be, and the same is hereby, revived and ex1866, ch. 296, §§ tended until the first day of July, eighteen hundred and eighty; and 12-16 (14 Stat. L., that all claims for such bounty filed in the proper department after the 322). thirtieth day of January, eighteen hundred and seventy-five, and before the passage of this act, shall be, and the same are hereby declared to have been, filed in due time, and shall be considered and decided without refiling. [July 5, 1876.]

Additional bounty

NOTE. (1) By act of 1869, ch. 133, § 4 (15 Stat. L., 334), it was enacted that all claims for bounty under the provisions of the act of 1866, ch. 296 (14 Stat. L., 323), here referred to, should be void unless presented prior to December, 1869.

By act of 1870, ch. 253 (16 Stat. L., 254), the time for presenting claims was extended to January 13, 1871; by act of 1873, ch. 281 (17 Stat. L., 608), to January 13, 1874, and by act of 1874, ch. 303 (18 Stat. L., 79), to January 13, 1875.

The provisions of the act of 1866, ch. 296, extended by the above-mentioned acts and by this act, until July 1, 1880, are as follows:

SEC. 12. That each and every soldier who enlisted into the army of the United States, after the of $100 to certain sol- nineteenth day of April, eighteen hundred and sixty-one, for a period of not less than three years, and diers enlisted after having served the time of his enlistment has been honorably discharged, and who has received or who April 19, 1861, for three is entitled to receive from the United States under existing laws, a bounty of one hundred dollars and years, and to widows, no more, and any such soldier enlisted for not less than three years, who has been honorably discharged on account of wounds received in the line of duty, and the widow, minor children or parents in the order named, of any such soldier who died in the service of the United States or of disease or wounds contracted while in the service, and in the line of duty, shall be paid the additional bounty of one hundred dollars hereby authorized.

&c.

&c.

-and $100 to soldiers SEC. 13. That to each and every soldier who enlisted into the army of the United States, after the who enlisted after fourteenth day of April, eighteen hundred sixty-one, for a period of not less than two years and who April 14, 1861, for two is not included in the foregoing section, and has been honorably discharged after serving two years, years, and to widows, and who has received or is entitled to receive from the United States, under existing laws, a bounty of one hundred dollars and no more, shall be paid an additional bounty of fifty dollars, and any such soldier enlisted for not less than two years who has been honorably discharged on account of wounds received in the line of duty, and the widow, minor children, or parents, in the order named, of any such soldier who died in the service of the United States, or of disease, or wounds contracted while in the service, and in the line of duty, shall be paid the additional bounty of fifty dollars hereby authorized. SEC. 14. That any soldier who shall have bartered, sold, assigned, transferred, loaned, exchanged, or given away his final discharge papers, or any interest in the bounty provided by this or any other act of Congress, shall not be entitled to receive any additional bounty whatever; and when application is made by any soldier for said bounty, he shall be required, under the pains and penalties of perjury, to make oath or affirmation of his identity, and that he has not so bartered, sold, assigned, transferred, exchanged, loaned, or given away either his discharge papers, or any interest in any bounty as aforesaid.

Soldiers who have sold, assigned, loaned, &c., discharge papers, not entitled to boun

ties.

Accounts of soldiers

And no claim for such bounty shall be entertained by the paymaster-general, or other accounting or disbursing officer except upon receipt of the claimant's discharge papers, accompanied by the statement under oath, as by this section provided.

SEC. 15. That in the payment of the additional bounty herein provided for, it shall be the duty of for additional bounty to the paymaster-general, under such rules and regulations as may be prescribed by the Secretary of be examined and paid War, to cause to be examined the accounts of each and every soldier who makes application therefor, by Paymaster-General. and if found entitled thereto shall pay said bounties.

In payment, &c., of SEC. 16. That in the reception, examination, settlement, and payment of claims for said additional claims of widows and bounty due the widows or heirs of deceased soldiers, the accounting officers of the Treasury shall be heirs, accounting offi- governed by the restrictions prescribed for the paymaster-general by the Secretary of War, and the cers to be governed by payment shall be made in like manner under the direction of the Secretary of the Treasury. restrictions prescribed

by Secretary of War, &c.

July 5, 1876.

19 Stat. L., 74.

CHAPTER 167.

AN ACT TO AMEND SECTION TWELVE HUNDRED AND TWENTY-FIVE OF THE REVISED
STATUTES OF THE UNITED STATES.(1)

Officers of Army, not exceeding thirty, may be detailed as professors, &c., of colleges.

Officers of Army, Be it enacted, &c., That section twelve hundred and twenty five of the not exceeding Revised Statutes of the United States be so amended as to read, "But thirty, may be detailed as professthe number of officers so detailed shall not exceed thirty at any time," ors, &c., of col- instead of twenty, as in said section provided.(1) [July 5, 1876.] leges.

NOTE.-(1) This amendment has been incorporated into the section in the second edition of the ReR. S., § 1225. vised Statutes.

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