tered after abandonment. Claims within as aforesaid valid pre-emption or homestead claims existed upon any land grants re en- lands within the limits of any such grants which afterward were abandoned, and, under the decisions and rulings of the Land Department, were re-entered by pre-emption or homestead claimants who have complied with the laws governing pre-emption or homestead entries, and shall make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person enClaims entered titled thereto. SEC. 3. That all such pre-emption and homestead entries after expiration of which may have been made by permission of the Land Department, or in pursuance of the rules and instructions thereof, within the limits of any land-grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such claim to a patent therefor. Approved, April 21, 1876. land grant. CHAP. 73.-An act authorizing the transfer of certain causes from the circuit court of the United States for the district of Alabama at Mobile into the circuit court of the United States for the middle and northern districts of Alabama at Montgomery and Huntsville in said State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all civil causes, actions, suits, executions, pleas, process, or other proceedings whatsoever which were transferred by the act of Congress approved March third, eighteen hundred and seventy three, from the district courts of the United States for the northern and middle districts of Alabama into the circuit court of the United States for the district of Alabama at Mobile, Alabama, and which are now pending in said circuit court, be, and the same are hereby, transferred from said circuit court at Mobile into the circuit courts of the United States for said northern and middle districts, respectively; and the circuit courts of the United States in and for said districts shall have jurisdiction to try and determine all such causes and actions so transferred, the same as if such causes,or actions had been originally brought in such circuit court; and the clerk of said circuit court at Mobile shall transmit all of the original papers in such causes, together with a complete transcript of all dockets, minutes, judgments, orders, and decrees in such of said causes as are not finally disposed of in said circuit court at Mobile, to the circuit courts for said northern and middle districts, respectively, to each the causes, and so forth, as were originally transferred from the district courts of said districts. Approved, April 21, 1876. April 25, 1876. trict established. CHAP. 78.—An act to establish a land-office in the southern part of Utah Territory, to be known as the Beaver district, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Beaver land dis- States of America in Congress assembled, That so much of the public lands of the United States in the Territory of Utah, begining at the southwestern boundary of said Territory, thence running north on the line between said Territory and the State of Nevada to the Fourth Standard parallel of latitude, thence easterly along said line to the eastern boundary of of said Territory, thence southerly to the southern boundary of said Territory, thence westerly to the place of begining, be formed into a land district, to be called the Beaver land district, the land-office for which shall be located at such point as the President may direct, and may be removed from time to time to other points within said district whenever, in his opinion, it may be expedient. SEC. 2. That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, a register and a receiver for said district, Land-office. Register and reooiver. who shall respectively be required to reside at the site of said office; and they shall have the same powers, perform the same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to the land-office now established at Salt Lake City. Approved, April 25, 1876. CHAP. 79.—An act authorizing the sale of logs cut by the Indians of the Menomonce reservation in Wisconsin under the direction of the Interior Department. April 25, 1876. Sale of timber reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Inte rior be and he hereby is authorized to cause to be sold at public sale, to cut on Menomonee the highest bidder, for cash, after due public advertisement and in such lots or quantities as he may deem judicious, all pine timber cut upon the Menomonee Indian reservation in Wisconsin, under the direction of United States Indian agent J. C. Bridgman. SEC. 2. That the proceeds arising from all sales of such timber shall be applied, first to the pay- proceeds. ment of any and all indebtedness incurred for labor, supplies and other expenses incident to the cutting and sale of said timber, and the surplus, if any, shall be deposited in the nearest government depository to the credit of the United States for the benefit of the said Menomonee Indians. Approved, April 25, 1876. Application of CHAP. 80.-An act giving the consent of the United States to the county of Dubuque, in the State of Iowa, to construct county buildings in Washington Square, in the city of Dubuque, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of the United States is hereby given to the proper authorities of the county of Du. buque, in the State of Iowa, (the consent of the proper authorities of the city of Dubuque and also of the owners of property frouting on said square or heretofore located by description on said square, being first had and obtained,) to the construction of such public buildings as may be necessary for court purposes and for the public officers of said county, in the public park, in the city of Dubuque, known as Washington Square; and whatever title the United States now has to said premises is hereby relinquished to the county of Dubuque for the purposes herein indicated, and for no other MICHAEL C. KERR President of the Senate pro tempore Received by the President April 13, 1876. [NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has became a law without his approval.] April 25, 1876. Public buildings of Dubuque County ington Square, by consent of United States. to be built in Wash April 26, 1876. Name of steam CHAP. 83.-An act to change the name of the steamboat Charles W. Mead. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That authority is hereby given to the owner of the steamboat Charles W. Mead, of Allegheny City, boat Charles W. Pennsylvania, to change the name of said vessel to that of General Mead changed. Meade, by which name said steamboat shall hereafter be known. Approved, April 26, 1876. April 27, 1876. R. S., 2403, p.443, amended. April 27, 1876. Corporators. Name. Powers. Business of company. Capital stock. Reserve fund. Premium-notes. notes. Proviso. CHAP. 84.-An act to correct an error in the Revised Statutes of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of correcting an error in the act entitled "An act to revise and consolidate the statutes of the United States, in force on the first day of December, anno Domini one thousand eight hundred and seventy-three," so as to make the same truly express such laws, the following amendment is hereby made therein: Section two thousand four hundred and three is amended by striking out in the second line the word "seven" and inserting the word one, and all proceedings under said section two thousand four hundred and three shall have the same force and effect as though enacted as herein amended. Approved, April 27, 1876. CHAP. 85.—An act to incorporate the Mutual Protection Fire Insurance Company of the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That George Taylor, William Ballantyne, John C. Harkness, William J. Sibley, Augustus E. Perry, Norval W. Burchell, Joseph Casey, Charles F. Peck, James H. Saville, A. M. Bruen, John D. McPherson, Montgomery Blair, George Lowry, John T. Given, S. H. Kauffman, Nathaniel Wilson, George Hill, junior, John Markriter, John T. Mitchell, A. Pollok, John F. Bridget, and James E. Fitch, all of the District of Columbia, with their associates and successors, are hereby created a body politic and corporate by the name and style of the "Mutual Protection Fire Insurance Company of the District of Columbia," and by that name shall have perpetual succession, with power to sue and be sued, plead and be impleaded, in courts of law and equity; to adopt a common seal, and the same to break, alter, and renew at pleasure; to ordain and establish by-laws and regulations; and generally to do such acts and things as may be necessary to carry into effect the provisions of this act and promote the purposes and designs of said company. SEC. 2. That the purposes and designs of said company shall be to insure, against loss or damage by fire, the respective dwelling-houses and other buildings, and the furniture and every description of property belonging to its members, as well as the rents of such property. SEC. 3. That the capital stock of said company shall consist of the premium notes given by the insured, the cash paid as interest thereon, and all property and profit derived from the investment or use of its income or assets; but the reserve fund of said company shall not, at any one time, exceed one hundred thousand dollars exclusive of the real estate it may hold as hereinafter authorized. SEC. 4. That said premium-notes shall be payable on demand, and shall each constitute and be a lien to the amount thereof respectively upon the interest and estate, legal and equitable, of the insured in the buildings at risk in said company, and upon the land, premises, and Lien of premium- appurtenances thereunto belonging: Provided, That the lien upon personal property shall continue only while the same remains in the ownership of the person insured: And provided also, That said company shall file with the recorder of deeds for the District of Columbia a memorau dum of the name of the person insured, a description of the property, and the amount of the premium-note unpaid, and said lien shall com Judgment on pre- mence from the time of filing said memorandum. Judgment upon said note may be entered upon confession by virtue of a warrant of attorney, and execution may at any time be had thereon; but the privileges, im. munities, and franchises granted by this act shall be confined to the District of Columbia. mium notes. Franchises limit ed to Dist. of Col. Members of com SEO. 5. That all persons who shall hereafter insure with said company, and their executors, administrators, and assigns continuing to be pany. so insured, shall thereby become members thereof during the period they shall be and remain so insured, and no longer; and the word "person" as used in this act shall be held to include corporations also. Word "person." Withdrawal from membership. Cancellation of SEC. 6. That each and every member of said company shall have full power to withdraw therefrom, in whole or in part, at any time, upon application in writing to the proper officer thereof, and payment of all arrearages of assessments and interest that may then be due and owing to said company from said member. Upon such application, the said officer shall cancel the insurance or insurances designated in said appli- insurance. cation, together with the premium note or notes held by said company on account of such cancelled insurance. Said officer shall also return any amount of money which may be due said member on the books of said company on account of said cancelled insurance, and thereafter said member shall be debarred from all claim on said company on account of such cancelled insurance accruing subsequent to such withdrawal and cancellation. But no premium note or notes shall be cancelled or in any manner discharged or given up until all assessments thereon on account of liabilities incurred before or at the time of such withdrawal shall have been fully ascertained and paid. SEC. 7. That the affairs of said company shall be conducted by a board of nine trustees, who shall be elected at the annual meeting of the members, and shall continue in office until their successors are elected and qualified. Not less than a majority of said board shall constitute a quorum to do business, but a less number may adjourn from time to time. Vacancies happening in said board otherwise than by removal, as hereinafter provided, may be filled by the remaining trustees for the residue of the term for which they were elected. Said board shall choose one of their number as president and one as vice-president; and they shall also appoint such other officers as may be necessary for conducting the affairs of said company. Board of trustees. Quorum. Vacancies. President and other officers. First board of trustees. Organization. By-laws. SEC. 8. That the nine persons first named in this act shall be the board of trustees of said company until the first annual meeting, and until their successors are chosen and qualified. Such of them as may be present at their first meeting may proceed to organize by electing a president, vice-president, and other officers; and, as soon thereafter as practicable, said board shall adopt by-laws, provide the necessary books, and otherwise prepare the company for the transaction of business, and thereafter said board shall exercise a general superintendence of the affairs of the company: Provided, That the said by-laws shall only be adopted by the concurrent vote of at least two-thirds of the whole board of trustees, and when once adopted any alteration or amendment shall only be made at an annual meeting of the company, notice of such proposed alteration or amendment having been filed in the office of the company at least thirty days before the day fixed for said annual meeting. A majority of two-thirds of the votes cast shall be necessary to the adoption of any such alteration or amendment, but when thus adopted the same shall be binding on all the members of the company. SEC. 9. That the board of trustees shall, by general rules, determine the rates of insurance, the sum to be insured, and the rate of interest amount of insurto be paid upon the premium-notes, which latter, however, shall not exceed six per centum per annum. No more than five thousand dollars shall be insured on any one risk, unless the premium notes shall amount to over one hundred thousand dollars; and in that case no one risk shall exceed five per centum on the whole amount of premium-notes. SEC. 10. That every person who shall become a member of said company by effecting insurance therein shall deposit his promissory note, payable on demand, for such sum, and upon such interest, not exceed ing six per centum per annum, as may be required under the general rules prescribed by the board of trustees; and said notes shall be liable to assessment pro rata at any time when the trustees shall deem the Rates and ance. Maximum risk. Notes of assured deposited. Assessments, Policy not binding until, etc. Calls of assessments. assessment. same requisite for the payment of losses or the current expenses of the company; and no policy shall bind the company until such note has been given. SEC. 11. That whenever the board of trustees, for the purpose of paying losses or current expenses, shall deem it necessary to call for the payment of any portion of the principal of the premium-notes, they shall settle and determine the sum to be paid by the several members, (but always in proportion to the original amount of the respective premium-notes.) Notice of such call shall be given to the members in such manner as the by-laws shall prescribe; and if any member shall Failure to pay neglect or refuse to pay the sum assessed upon said member, for the space of thirty days after receiving such notice, the company may proceed to collect the whole amount of such premium-note, together with costs; and the amount of the note, less the expenses of collecting the same, shall be placed in the treasury of the company, subject to the same liabilities as said note would have been subject to. But nothing Fund for pay in this act contained shall be construed as requiring losses and expenses to be paid exclusively from assessments on premium-notes, but they may be paid out of such assets as the board of trustees shall, by general rules, prescribe. ment of losses and expenses. Claim for loss, when to be certified. Suit on loss. SEC. 12. That all just and lawful claims of members for loss or damage sustained by fire shall be certified in accordance with the terms of the policy, within sixty days after due notice of the loss has been filed with the company. No suit shall be brought upon any such claim for damages until after the expiration of said sixty days, and no member Members compe- of the company shall be incompetent as a witness in such suit on account of his said membership. tent witnesses. Meetings. €28. SEC. 13. That a general meeting of said company shall be held annu ally at such time and place as shall be designated in the by-laws. The president may, at any time, call a special meeting of the company, and shall do so at the request in writing, of twenty or more members. Election of trust- The election of trustees shall be held at the annual meeting, and shall be by ballot, and each member shall have one vote. At least two weeks' previous notice of each annual or special meeting shall be given by publication in two newspapers of general circulation in the city of Washington: Provided, That at any called meeting of the company, the Removal of trust- trustees, or any of them, may be removed by a vote of three-fourths of the members present and voting, and the vacancies thus created may be filled at such meeting for the unexpired term; but notice of such proposed action shall be given in the call for the meeting. ees. Annual statement of trustees. No banking privileges. Use of funds. Real estate. Amendment and repeal. SEC. 14. That the board of trustees of said company shall cause to be published annually, in some newspaper of general circulation in the city of Washington, and at least two weeks prior to the annual meeting of the members, a statement of its financial condition, in which shall be shown the amount of premium-notes and cash on hand; the amount of securities held by the company; the amount of losses, if any, during the previous year; and such other items relating to the business of the company as said board may think proper. SEC. 15. That nothing in this act shall be construed to grant bankingprivileges or the right to issue any note to circulate as money or currency. It shall, however, be lawful for said company to employ and improve all moneys received by it, and the profits thereon, in such manner as the trustees may deem best for the interest of the company; but the said company shall not purchase and hold real estate, at any one time, in excess of a cash value of fifty thousand dollars: Provided, That this shall not include any purchases to protect the interests of the company at sales under trusts, mortgages, judgments, or decrees. SEC. 16. That this act shall be in force from and after its passage; but Congress reserves the right to alter, amend, or repeal the same at any time. Approved, April 27, 1876. |