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tary of Treasury information as they may receive under the provisions of the two prereports received, ceding sections, and they shall also report to the Secretary of the Treas and to report neg- ury any neglect or refusal on the part of the managing owner, agent, or lects, refusals, &c. master of any vessel of the United States to comply with the requirements thereof.
SEC. 13. That the Secretary of the Treasury may, upon application therefor, remit or mitigate any penalty provided for in this act, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper;
All penalties herein before provided shall be prosecuted by indictment States. [June 20, 1874.] or information before the proper district court for the use of the United
June 20, 1874. 18 Stat. L., 129.
AN ACT TO ASCERTAIN THE POSSESSORY RIGHTS OF THE HUDSON'S BAY COMPANY
Whereas it was stipulated by article one of the treaty concluded at WashTreaty (9 Stat. ington on the fifteenth day of June, eighteen hundred and forty-six, between L., 869). the United States and Great Britain, that the line of boundary between the territories of the United States and Her Britannic Majesty, from the point on the forty-ninth parallel of north latitude up to which it had already been ascertained, should be continued westward along said parallel of north lati tude "to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of said channel and of Fuca Straits to the Pacific Ocean;"
Treaty, Art. 34 (17 Stat. L., 874).
List of British
And whereas by article three of the treaty aforesaid, it was stipulated that "in the future appropriation of the territory south of the forty-ninth paral lel of north latitude, as provided in the first article of this treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be in the occupation of land or other property lawfully acquired within the said territory, shall be respected;"
And whereas by article thirty-four of the treaty concluded at Washington on the eighth day of May, eighteen hundred and seventy-one, the question of where "the boundary which runs southerly through the middle of the channel aforesaid" should be located was submitted to His Majesty the Emperor of Germany, whose decision was to be final and without appeal;
And whereas by the award of His Majesty the Emperor of Germany of October twenty-first, eighteen hundred and seventy two, said boundary was established, and it now devolves upon the United States to discharge its treaty obligations: Therefore,
Be it enacted, &c.
[SECTION 1], That a commissioner be appointed by the President of subjects in occu- the United States, to make, and report to the Secretary of the Interior, pancy of lands a list of all British subjects who, on the fifteenth day of June, eighteen confirmed to Uni- hundred and forty-six, were in the occupation of land, lawfully acquired, award of Emperor within the limits which were the subject of the award of His Majesty of Germany to be the Emperor of Germany, together with a description of the land actu
ted States by
ally occupied by each at said date; and said commissioner shall proceed made by commisto the vicinity of the land in question, and there receive proof of the sioner, &c. occupancy of such land and of the mode by which such occupancy was acquired, after first giving reasonable notice as to the said matters to be so reported by him.
Such proof shall consist of oral testimony under oath and such documentary proofs as the said occupants may present.
The testimony of all witnesses shall be reduced to writing and all documentary proof offered by the parties and received by the commis- taken, &c. sioner shall be attached to the deposition of the party offering such proofs, which testimony and proofs shall be submitted by said commissioner with his report, and such report shall be subject to review by the Secretary of the Interior, whose action thereon shall be final.
For the purposes of this act, the said commissioner shall have authority to subpoena witnesses and to administer oaths and take testimony. be summoned. SEC. 2. That said commissioner shall receive for his services ten dollars per diem, together with traveling expenses at the rate of ten cents commissioner. per mile, for the distance actually traveled in the execution of said commission; and the sum of one thousand dollars is hereby appropriated from any unappropriated money in the Treasury to defray such expenses. SEC. 3. That all British subjects whose claims shall be approved by the Secretary, as provided in section one of this act, shall be allowed to purchase from the United States the land so designated at any time within one year from such approval, at the ordinary minimum price per acre where the lands are situated outside railroad limits, and at double minimum price where the lands are within railroad limits.
British subjects, whose claims are approved, may purchase lands.
SEC. 4. That such entries shall be according to legal subdivisions, so as to include the improvements of such occupants; and where two or made. more parties shall have improvements on the same smallest legal subdivision, they may make a joint entry thereof:
Provided, That in case entry and payment are not made within one year from the date of such approval by the Secretary of the Interior, then all possessory rights named in article three of the treaty of June fifteenth, eighteen hundred and forty-six, shall be considered forfeited, and the lands shall thereafter be deemed and treated as a part of the public domain, to be disposed of as other lands.
SEC. 5. That it shall be the duty of the Secretary of the Interior to make all needful regulations to give effect to the provisions of this act. [June 20, 1874.]
Rights forfeited under entry and
payment made, &c.
Regulations to be made by Secretary of Interior.
AN ACT MAKING APPROPRIATIONS TO SUPPLY DEFICIENCIES IN THE APPROPRIATIONS
Par. 1. Extra sessions of Territorial legislatures
not to be called without approval by
2. Money received for lands in township 51
Be it enacted, &c.,
Par. 3. Orphans' Home in Washington; what
4. Contracts for rent of buildings in Wash-
5. Pay for reporting proceedings of Congress
June 22, 1874.
18 Stat. L., 133.
Extra sessions of
[Par. 1.] Hereafter no extraordinary session of the legislature of any Territorial legisla Territory, wherever the same is now authorized by law, shall be called tures not to be calluntil the reasons for the same have been presented to the President of ed without approval by President. the United States, and his approval thereof has been duly given. R. S., § 1846, 1923.
[Par. 2.] For the L'Anse and Vieux de-Sert bands of Chippewas of Money received Lake Superior, at the rate of one dollar and twenty-five cents an acre for lands in town
ship 51 N., of range for all the lands in township fifty-one north, of range thirty-one west, 31 W., to be ex- which are not included in the limits of the reservation of said Indians for poses of education, as defined by the wording of the treaty of September thirtieth, eight&c., of Chippewa een hundred and fifty-four: Provided, That the money received for the lands in said township shall be expended for educational and beneficial Treaty (10 Stat. purposes as the President may direct, and at such times and in such 1880, April 1, ch. manner as he may deem proper for the interests of said bands of Indians. 41. May 11, ch. 85,
Orphans' Home, Washington; what
[Par. 3.] For the Soldiers' and Sailors' Orphans' Home, Washington City, District of Columbia,
orphans to be ad- Provided, That hereafter no child or children shall be admitted into
mitted, and for what time.
1866, ch. 249, § 3. 1867, ch. 62 (14 S. L., 247, 401). 1878, June 20, ch. 359, par. 3.
said home except "the destitute orphans of soldiers and sailors who have died in the late war on behalf of the Union of these States," as provided for in section three of the act entitled "An act to incorporate the National Soldiers' and Sailors' Orphans' Home," approved July twenty-fifth, eighteen hundred and sixty-six;
And provided further, That no child not an invalid shall remain in said home after having attained the age of sixteen years.
[Par. 4.] Hereafter no contract shall be made for the rent of any rent of buildings in building, or part of any building, in Washington, not now in use by Washington not to the Government, to be used for the purposes of the Government until previous appro- an appropriation therefor shall have been made in terms by Congress. priation.
be made without
R. S., §§ 3679, 3732. 1877, March 3, ch. 106. 1880, June 15, ch. 225. 13 C. Cls., 166.
98 U. S., 104.
Pay for report- [Par. 5.] Hereafter the pay of the official reporters of the proceeding proceedings of ings and debates of each House shall be fifty thousand dollars for each Congress and of committees of the Congress; and the pay of official reporters of committees of the House shall be five thousand dollars each per annum, and this shall be in lieu of all other compensation for such services in reporting the proceed[June 22, 1874.
R. S., § 54.
1874, Jan. 28, ch. ings of each and all of said committees.
June 22, 1874. 18 Stat. L., 173, 176.
AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES
in rendering accounts.
Be it enacted, &c.,
Indian agents: before whom may take oath.
10. Employés, &c., of United States not to be in-
Provided, That the proceeds of the sales Proceeds of sale of land in Bitter Root Valley, Montana Territory, referred to in the secof lands in Bitter ond section of the act of Congress approved June fifth, eighteen hunRoot Valley, how dred and seventy two, entitled "An act to provide for the removal of the disposed of. 1872, ch. 308, § 2 Flathead and other Indians from Bitter Root Valley, in the Territory (17 Stat. L., 227). of Montana," shall be paid into the Treasury of the United States; in the same manner that other moneys derived from the sale of other public lands are now paid in: And provided further, That in lieu of the amount provided to be set apart therefrom by the act of Congress of June fifth, eighteen hundred and seventy-two, hereinbefore referred to, there shall be annually appropriated, out of any money in the Treasury of the United States, not otherwise appropriated, the sum of five thousand dollars, for the period of ten years, to be expended, under the direction of the Presi
Annuity, and how expended.
dent, in the manner deemed for the best good of the Indians who have been removed from Bitter Root Valley: And provided further, That no part of said sum shall be paid to any Indian of said tribe who shall not have settled upon the Jocko reservation.
SEC. 3. That for the purpose of inducing Indians to labor and become Indians required self-supporting, it is hereby provided that in distributing the supplies to perform service to the Indians for whom the same are appropriated, the agent distrib. on reservation for themselves or uting the same shall require all able-bodied male Indians, between the tribe. ages of eighteen and forty-five, to perform service upon the reserva- R. S., §§ 2079tion, for the benefit of themselves or of the tribe, at a reasonable rate, 2110. to be fixed by the agent in charge, and to an amount equal in value to the supplies to be delivered.
And the allowances provided for such Indians shall be distributed to - allowances for, them only upon condition of the performance of such labor, under such how distributed to. rules and regulations as the agent may prescribe:
Provided, That the Secretary of the Interior may, by written order, may be excepted except any particular tribe from the operation of this provision where from requirement he deems it proper and expedient. by Secretary of Interior.
SEC. 4. Indian agents shall be required to state, Indian agents to under oath, upon rendering their quarterly accounts, that the number make oath as to of employees claimed for were actually and bona fide employed at the certain facts in rendering agency and at the salary claimed; and that such agent does not, directly counts. or indirectly, receive any part of the compensation claimed for any other R. S., § 2058, employee, or any pecuniary benefit therefrom:
in ing $5,000 to ac
Provided, That where there is no officer in the vicinity of an agency who is authorized to administer oaths, the Secretary of the Interior may may take oath. direct such returns to be made under the certificate of the agent. SECTION 6. Provided, That hereafter all bidders un- Bidders on der any advertisement published by the Commissioner of Indian Affairs count of Indian for proposals for goods, supplies, transportation, and so forth, for and on service exceedaccount of the Indian service, whenever the value of the goods, supplies, amounts and so forth, to be furnished, or the transportation to be performed, shall company bids with exceed the sum of five thousand dollars, shall accompany their bids with certified checks. a certified check or draft payable to the order of the Commissioner of R. S., § 3709. 1875, March 3, Indian Affairs, upon some United States depository or solvent national ch. 332, § 9. bank, which check or draft shall be five per centum on the amount of the goods, supplies, transportation and so forth, as aforesaid;
And in case any such bidder, on being awarded a contract, shall fail to execute the same with good and sufficient sureties according to the such checks after terms on which such bid was made and accepted, such bidder shall for- contracts awardfeit the amount so deposited to the United States, and the same shall forthwith be paid into the Treasury of the United States; but if such contract shall be duly executed, as aforesaid, such draft or check so deposited shall be returned to the bidder.
SEC. 10. That no agent or employee of the United States Government, Employés, &c., or of any of the Departments thereof, while in the service of the Govern- of United States ment, shall have any interest, directly or indirectly, contingent or abso- not to be interestlute, near or remote, in any contract made, or under negotiation, with ed in Indian contracts, &c. the Government, or with the Indians, for the purchase or transportation R. S., §§ 2079or delivery of goods or supplies for the Indians, or for the removal of 2110, 3739. the Indians; nor shall any such agent or employee collude with any person who may attempt to obtain any such contract for the purpose of enabling such person to obtain the same.
Penalty for vio
The violation of any of the provisions of this section shall be a misdemeanor, and shall be punished by a fine of not less than five hundred lation. dollars nor more than five thousand dollars, and by removal from office; and, in addition thereto, the court shall, in its discretion, have the power to punish by imprisonment of not more than six months.
[June 22, 1874.]
June 22, 1874.
18 Stat. L., 178.
R. S., §§ 49725132.
Receiver or asbe au
AN ACT TO AMEND AND SUPPLEMENT AN ACT ENTITLED "AN ACT TO ESTABLISH A
3. Circuit and district courts to have concurrent
4. Sales by assignee to be by auction, unless, &c.
-supervisory power over, to be in the court.
Assignees to keep accounts.
-penalties on, for neglect, fraud by, and for
-to report condition of estate once in three
-to account for interest, &c.
-on settlement of account to file oath, and
5. Notice of bankruptcy and of issuing warrant,
6. Set-off not allowed of claims purchased after
7. Proof of claim not waiver of right of action
8. Parties may be witnesses in all cases under
9. Discharge, how granted to involuntary bank.
-to voluntary bankrupts.
10. In involuntary bankruptcy preferences within
two, or fraudulent transfers within three,
11. Certain conveyances made to persons know-
-on petition of creditors within six months
Proceedings on petition when allegation as to
Clerk to make annual statement.
- to report cases begun.
- to make statement of fees, &c.
Reports to be signed and sworn to.
-to be transmitted by clerk to Attorney.
Penalty for violating provisions of this sec-
20. Notaries-public may take proof of debts.
[SECTION 1], That the act entitled (1) "An act to establish a uniform system of bankruptcy throughout the United States", approved March second, eighteen hundred and sixty-seven, be, and the same is hereby, amended and supplemented as follows:
That the court may, in its discretion, on sufficient cause shown, and thorized to carry upon notice and hearing, direct the receiver or assignee to take posseson business not ex- sion of the property, and carry on the business of the debtor, or any ceeding nine part thereof, under the direction of the court, when, in its judgment, the interest of the estate as well as of the creditors will be promoted thereby, but not for a period exceeding nine months from the time the debtor shall have been declared a bankrupt:
R. S., § 5062.
Provided, That such order shall not be made until the court shall be satisfied that it is approved by a majority in value of the creditors. Legal, not equiSEC. 2. That section one of said act be, and it is hereby, amended table, debts not exceeding $500 may, by adding thereto the following words: "Provided, That the court havby direction of ing charge of the estate of any bankrupt may direct that any of the court, be collected legal assets or debts of the bankrupt, as contradistinguished from equit
in State courts.
NOTE. (1) The provisions of the bankrupt law referred to in this act, 1867, March 2, ch. 176 (14 Stat.