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AN ACT TO EXEMPT VESSELS
ENGAGED IN NAVIGATING THE MISSISSIPPI RIVER AND ITS TRIBUTARIES ABOVE THE PORT OF NEW ORLEANS FROM ENTRIES AND CLEARANCES.(1)
Vessels in coasting-trade navigating Mississippi River, &c., above New Orleans, laden with imported goods or spirits, exempt from procuring permit to proceed and unlade.
July 12, 1876.
19 Stat. L., 90.
Vessels in coast
Be it enacted, &c., That the provisions of sections forty-three hundred and forty-nine, forty-three hundred and fifty, forty-three hundred and ing-trade navigat fifty-one, forty-three hundred and fifty-two, forty-three hundred and River, &c., above ing Mississippi fifty-three, forty-three hundred and fifty-four, forty-three hundred and New Orleans, laden fifty five, and forty-three hundred and fifty-six of the Revised Statutes, with imported requiring the master of every vessel licensed to carry on the coasting goods or spirits, exempt from protrade, laden in part with foreign merchandise or distilled spirits, to pro- curing permit to cure a permit from the customs' officer of the port at which his vessel proceed and to unwas laden, authorizing him to proceed to his port of destination, and lade. also to procure a permit from the port of destination for the unlading of his cargo, shall not be held to include vessels engaged in the navigation of the Mississippi River or tributaries above the port of New Orleans. [July 12, 1876.]
NOTE.-(1) This act is printed in the second edition of the Revised Statutes after § 4349.
R. S., §§ 43494356.
AN ACT TO AMEND SECTIONS THIRTY-EIGHT HUNDRED AND NINETY-THREE AND
July 12, 1876.
19 Stat. L., 90.
papers, &c., to be
R. S., § 3893.
14 Blatch., 245. 16 Blatch., 338. 5 Dill., 35.
[SECTION 1], That section thirty-eight hundred and ninety-three of Re- Obscene books, vised Statutes shall be, and is hereby, amended so as to read as follows: (1) "Every obscene, lewd, or lascivious book, pamphlet, picture, paper, writing, print, or other publication of an indecent character, and every article or thing designed or intended for the prevention of conception or procuring of abortion, and every article or thing intended or adapted for ch. 180, §§ 20, 21. any indecent or immoral use, and every written or printed card, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or of whom, or by what means, any of the hereinbefore mentioned matters, articles or things may be obtained or made, and every letter upon the envelope of which, or postal card upon which, indecent, lewd, obscene, or lascivious delineations, epithets, terms, or language may be written or printed, are hereby declared to be non-mailable matter, and shall not be conveyed in the mails, nor delivered from any post-office nor by any letter-carrier;
3 Sawyer, 566.
And any person who shall knowingly deposit, or cause to be depos-punishment for ited, for mailing or delivery, anything declared by this section to be non- violation. mailable matter, and any person who shall knowingly take the same, or cause the same to be taken, from the mails, for the purpose of circulating or disposing of, or of aiding in the circulation or disposition of the same, shall be deemed guilty of a misdemeanor, and shall for each and every offence be fined not less than one hundred dollars nor more than five thousand dollars, or imprisoned at hard labor not less than one year nor more than ten years, or both, at the discretion of the court."
And all offences committed under said original section thirty-eight Offences under hundred and ninety-three of the Revised Statutes prior to the approval repealed section may be prosecuted. NOTE.-(1) This act is incorporated into the second edition of the Revised Statutes in §§ 3893, 3894.
of this act may be prosecuted and punished under the said original section in the same manner and with the same effect as if this act had not been passed.
SEC. 2. That section thirty-eight hundred and ninety-four of the cerning lotteries Revised Statutes be, and is hereby, amended by striking out the word "illegal" in the first line of said section.(2) [July 12, 1876.]
R. S., § 3894.
14 Blatch., 245. 15 Opin. Att'y
NOTE.-(2) This amendment has been incorporated in § 3894 of the Revised Statutes, in the second edition.
July 19, 1876.
AN ACT RELATING TO THE APPROVAL OF BILLS IN THE TERRITORY OF ARIZONA.
Bills passed by legislature of Arizona to be ap-
-to become laws if not returned by governor in ten days. Effect of laws.
Be it enacted, &c., That every bill which shall have passed the legislative council and house of representatives of the Territory of Arizona shall, before it becomes a law, be presented to the governor of the Territory;
If he approve it, he shall sign it, but if he do not approve it, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large upon their journal, and proceed to reconsider it.
If, after such reconsideration, two thirds of that house shall pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house it shall become a law, the governor's objection to the contrary notwithstanding; but in such case, the votes of both houses shall be determined by yeas and nays, and be entered upon the journal of each house respectively.
And if the governor shall not return any bill presented to him for approval, after its passage by both houses of the legislative assembly within ten days (Sundays excepted) after such presentation, the same shall become a law, in like manner as if the governor had approved it:
Provided, however, That the assembly shall not have adjourned sine die during the ten days prescribed as above, in which case it shall not
become a law:
And provided further, That acts so becoming laws as aforesaid shall have the same force and effect and no other, as other laws passed by the Legislature of said Territory. [July 19, 1876.]
AN ACT TO PROVIDE FOR THE SALE OF THE FORT KEARNEY MILITARY RESERVATION
July 21, 1876.
19 Stat. L., 94.
Fort Kearney military reservation to be sold to
tion to be sold to
- or in certain cases under pre-emption laws. Heirs of deceased settlers may complete entry.
Whereas the tract of land in the State of Nebraska known as the Fort
Fort Kearney [SECTION 1], That it shall be the duty of the Secretary of the Interior military reserva- to cause said tract of land to be surveyed, sectionized, and subdivided actual settlers only as other public lands, and after said survey, to offer said land to actual under homestead settlers only at minimum price, under and in accordance with the provisions of the homestead laws:
R. S., §§ 22892317.
-or in certain
cases under preemption laws.
Provided, That if any person has made permanent improvements upon said land prior to the first day of June, eighteen hundred and seventysix, (being an actual settler thereon,) has exhausted his right to make a
homestead entry, such person, or his heirs, may enter one quarter-section of said land under the provisions of the pre-emption laws:
R. S., § 22572288.
And provided further, That the heirs of any deceased person who had Heirs of deceased made settlement and improvement as above described prior to June settlers may comfirst, eighteen hundred and seventy-six, may complete the pre-emption plete entry. or homestead entry of the person so deceased.
SEC. 2. [Makes an appropriation.] [July 21, 1876.]
AN ACT ESTABLISHING THE RANK OF THE PAYMASTER-GENERAL
Be it enacted, &c., That from and after the passage of this act, the rank of the Paymaster-General of the United States Army shall be brigadiergeneral; but no pay or allowances shall be made to said officer other than from the date of appointment under this act. [July 22, 1876.]
July 22, 1876.
19 Stat. L., 95. Paymaster-General of Army to rank as brigadiergeneral. R. S., § 1182.
AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL
July 24, 1876.
19 Stat. L., 97.
Army reduced to 25,000 men.
1112, 1115, 1196.
[Par. 1.](1) No money appropriated by this act shall be paid for recruiting the Army beyond the number of twenty-five thousand enlisted men, including Indian scouts and hospital stewards. Nothing, however, in this act shall be construed to prevent enlistments for the Signal Service, which shall hereafter be maintained as now organized, and as provided 263. by law with a force of enlisted men not exceeding four hundred after present terms of enlistment have expired.(1)
1876, Aug. 12, ch.
1876, Aug. 15, ch. 301.
1878, June 18, ch.
263, § 1. 1878, June 20, ch. 359, § 1, par. 8. 1879, June 23, ch. 35.
[Par. 2.] Cavalry regiments may be recruited to one hundred men in each company, and kept as near as practicable at that number;
Cavalry regiments may have 1,000 men.
R. S., § 1102, 1103.
And a sufficient force of cavalry shall be employed in the defense of to be employed the Mexican and Indian frontier of Texas:
Provided That such assignment of recruits shall not increase the total aggregate of the Army beyond the number of twenty-five thousand enlisted men, as provided in this act. (1)
in defense of Texas
Secretary of War
[Par. 3.] The Secretary of War shall provide for the care and maintainance of the National Military Cemeteries and for this purpose shall to have care of nasubmit an estimate with his annual estimates to Congress and Section and to submit estifour thousand eight hundred and seventy-six of the Revised Statutes is hereby repealed.(2)
NOTES. (1) This provision is repeated in the act of 1877, ch. 1, first session of the Forty-fifth Congress (20 Stat. L., 2).
(2) In the second edition of the Revised Statutes section 4876 is printed in italics as repealed.
mates to Congress. Repeal of R. S.,
certain cases at
Officers of Army SEC. 2. That when any officer travels under orders, and is not furto have mileage in nished transportation by the Quartermaster's Department, or on a coneight cents a mile. Veyance belonging to or chartered by the United States, or on any railR. S., § 1273. road on which the troops and supplies of the United States are entitled 1874, June 16, ch. to be transported free of charge he shall be allowed eight cents a mile, 285, § 1. and no more, for each mile actually traveled under such order, distances 14 Ct. Cl,2 , 272. 16 Opin. Att'y- to be calculated by the shortest usually traveled route; and so much of Gen., 559. section twelve hundred and seventy-three of the Revised Statutes, or of any act as conflicts with the provisions of this section, is hereby repealed;
SEC. 3. That every military post may have one trader, to be appointed be appointed; one by the Secretary of War, on the recommendation of the council of adat each military ministration, approved by the commanding officer who shall be subject post, &c. 15 Opin. Att'y- in all respects to the rules and regulations for the government of the Army.
16 Opin. Aty
[July 24, 1876.]
July 24, 1876.
19 Stat. L., 101.
R. S., §§ 22892317.
AN ACT TO DECLARE FORFEITED TO THE UNITED STATES CERTAIN LANDS GRANTED TO
Lands granted Be it enacted, &c., That all lands which were granted by act of Conto Kansas tain railroad for- gress approved March third, eighteen hundred and sixty-three, to the feited and made State of Kansas to aid in the construction of a railroad, commencing at subject to entry Leavenworth, Kansas, and running, by way of the town of Lawrence under homestead and the Ohio City crossing of the Osage River, to the southern line of laws only. the State, in the direction of Galveston, Bay, in Texas, with a branch from Lawrence, by the Valley of the Wakarusa River, to a point on the Atchison, Topeka, and Santa Fe Railroad, where said road intersects the Neosho River, and which have not been patented to said railroad company by the United States under said grant or earned by the completion of said road and to which said company are not lawfully entitled, are hereby declared forfeited to the United States, and shall hereafter be subject to entry only under the provisions of the homestead laws of the United States. [July 24, 1876.]
1863, ch. 98 (12 Stat, L., 772). 1875, March 3, ch. 196,
July 26, 1876.
19 Stat. L., 102.
Voluntary assignment under State
laws for benefit of
14 Blatch., 14.
AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO AMEND AND SUPPLEMENT AN ACT
Voluntary assignment under State laws for benefit When bankrupt may apply for discharge.
Be it enacted, &c. That section twelve of said act be, and the same s hereby, amended as follows:
After the word "committed," in line forty-four, insert: "Provided also, That no voluntary assignment by a debtor or debtors of all his or their property, heretofore or hereafter made in good faith for the benefit of all his or their creditors, ratably and without creating any preference, and valid according to the law of the State where made, shall of itself, in the event of his or their being subsequently adjudicated bankrupts
NOTE. (1) The whole bankrupt law was repealed by act of 1878, ch. 160.
in a proceeding of involuntary bankruptcy, be a bar to the discharge of such debtor or debtors."
That section fifty-one hundred and eight of the Revised Statutes is hereby amended so as to read as follows:(1)
R. S., § 5108.
At any time after the expiration of six months from the adjudication When bankrupt of bankruptcy, or if no debts have been proved against the bankrupt, may apply for disor if no assets have come to the hands of the assignee, at any time after the expiration of sixty days, and before the final disposition of the cause, the bankrupt may apply to the court for a discharge from his debts. This section shall apply in all cases heretofore or hereafter commenced. [July 26, 1876.]
NOTE.—(1) This amendment is incorporated in the second edition of the Revised Statutes in § 5108.
AN ACT TO AMEND AN ACT APPROVED MAY EIGHT, EIGHTEEN HUNDRED AND SEVENTY-
July 29, 1876.
19 Stat. L., 202.
Officers of Army may have certain leave of absence pay.
Officers of Army may have certain leave of absence without deduction of pay. Be it enacted, &c., That an act approved May eighth, eighteen hun dred and seventy-four, in regard to leave of absence of Army officers, be and the same is hereby, so amended that all officers on duty shall be allowed in the discretion of the Secretary of War, sixty days' leave of of absence without deduction of pay or allowance: Provided, That the same be taken once in two years: And provided further, That the leave of absence may be extended to 16 Opin. Att'ythree months, if taken once only in three years, or four months if taken only once in four years.
This act shall take effect from and after its passage. [July 29, 1876.]
R. S., § 1265. 1874, May 8, ch.
Gen., 577, 619.
AN ACT MAKING APPROPRIATIONS FOR SUNDRY CIVIL EXPENSES OF THE GOVERNMENT
Par. 5. Metropolitan Police of District of Co-
Par. 6. Two assistant agents at seal-fisheries in
Par. 7. Cost of survey of private land claims to
- of lands granted to railroads to be paid by
Par. 8. Land offices at Chillicothe, Indianapolis,
July 31, 1876.
19 Stat. L., 102.
[Par. 1.] That from and after the passage of this act it shall be the duty of the Public Printer to employ no workmen not thoroughly skilled employ only in their respective branches of industry, as shown by a trial of their skill under his direction;
Public Printer to skilled workmen. R. S., § 3763. 1877, Feb. 16, ch
And whenever it becomes necessary for the Public Printer to make in purchase of purchases of materials not already due under contracts he shall prepare materials to invite a schedule of the articles required, showing the description, quantity, award contract to and quality of each article and shall invite proposals for furnishing the lowest bidder, &c.