CHAP. 145.-An act to change the name of the steamship City of Brashear to Lone June 26, 1876. Name of steam Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treas ury be, and is hereby, authorized to change the name of the steam- ship City of Braship City of Brashear, belonging to Charles Morgan, of New York, to shear changed to Lone Star, and grant a new register for the same in accordance herewith. Approved, June 26, 1876. Lone Star. CHAP. 146.—An act to reduce the number and increase the efficiency of the Medical June 26, 1876. Number of assistant surgeons. Medical store Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the number of assistant surgeons now allowed by law shall be reduced to one hundred and twenty-five; that the office of medical storekeeper is hereby abolished; that from and after the passage of this act, in addition to the grades keeper abolished. now allowed by law, there shall be four surgeons with the rank, pay, and emoluments of colonels; eight surgeons with the rank, pay and Rank of certain emoluments of lieutenant-colonels, to be promoted by senority from the surgeons. medical officers of the Army; that this act shall not be construed to deprive any medical officer or storekeeper now in office of his commis sion in the United States Army. Approved, June 26, 1876. CHAP. 147.—An act to further the administration of justice in the State of Colorado. June 26, 1876. Laws of United Colorado. 1875, ch. 139. 18 Stat., 474. Judicial district Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when the State of Colorado shall be admitted into-the Union, according to the provisions of the States applied in act entitled "An act to enable the people of Colorado to form a constitution and State government, and for the admission of said State into the Union on an equal footing with the original States," approved March third, eighteen hundred and seventy-tive, the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States; and said State shall constitute one judicial district, to be called the district of Colorado; and for said district a district judge and a marshal and a district attor ney of the United States shall be appointed by the President, by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for similar officers in the other States, except as herein otherwise provided; and said district of Colorado shall be attached to, and constitute a part of, the eighth judicial circuit; and a term of the circuit court and district court for said dis- to trict shall be held at Denver in said State on the first Tuesday of July and the first Tuesday of December in each year. And one grand jury and one petit jury only shall be summoned and serve in both of said courts. established. District judge and marshal. District attached juries. Powers and ju SEC. 2. That the circuit and district courts for the district of Colorado, and the judges thereof respectively, shall possess the same powers risdiction of courts. and jurisdiction, and perform the same duties possessed and required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. SEC. 3. That the district judge appointed for the district of Colorado Salary of district shall receive as his compensation the sum of three thousand five hun- judge. dred dollars a year, payable in four equal installments on the first days of January, April, July, and October of each year. Powers, duties, and compensation of marshal, etc. Appeals from and writs of error to supreme court of Territory. SEC. 4. That the marshal, district attorney, and the clerk of the cir cuit and district courts of said district of Colorado, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to other similar officers and persons performing similar duties by the laws of the United States, excepting such provisions thereof as are specially applicable to some particular officer or district. SEC. 5. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the United States upon any record from the supreme court of the Territory of Colorado, or that may hereafter be lawfully prosecuted from said court, may be heard and determined by the Supreme Court of the United States, and Remand of pro- the remand of execution or of further proceedings shall be directed ceedings. by the Supreme Court of the United States to the circuit or district 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 lastSuccession to su- mentioned courts shall be the successor of the supreme court of Coloprenie court of Ter- rado Territory as to all such cases, with full power to proceed with the same and to award mesne or final process therein. ritory. Right to appeal and writ of error to supreme court of Territory. District judge of Nebraska to act temporarily. and circuit courts. SEC. 6. That from all judgments and decrees of the supreme court of the Territory of Colorado prior to its admission as a State, the parties to such judgments shall have the same right to prosecute appeals and writs of error to the Supreme Court as they shall have had by law prior to the admission of said State into the Union. SEC. 7. That until the judge for said district of Colorado shall be duly appointed and qualified, the district judge of the United States for the district of Nebraska shall act as the distr ct 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. Transfer of cases 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 courts to district time of the admission of said State into the Union, whereof the circuit 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. Approved, June 26, 1876. June 29, 1876. CHAP. 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 Wash ington Territory. Be it enacted by the Senate and House of Representatives of the United R. S., 1911, p. 338, States of America in Congress assembled, That section one thousand nine amended. hundred and eleven of the Revised Statutes of the United States be amended by inserting the words "and laws" after the word "Constitution" in the latter clause of said section. Approved, June 29, 1876. CHAP. 156.-An act authorizing the appointment of receivers of national banks, and for other purposes. June 30, 1876. for a national bauk R. S., 5239, p. 1019. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any national When receiver banking association shall be dissolved, and its rights, privileges, and to be appointed by franchises declared forfeited, as prescribed in section fifty-two hundred Comptroller of Curand thirty-nine of the Revised Statutes of the United States, or when rency. ever any creditor of any national banking association shall have obtained a judgment against it in any court of record, and made application, accompanied by a certificate from the clerk of the court stating that such judgment has been rendered and 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 R. S.5234, p.1018. 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. SEC. 2. That when any national banking association shall have gone into liquidation under the provisions of section five thousand two hundred 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 origi nal jurisdiction in equity for the district in which such association may have been located or established. Individual lia bility of sharehold ers, how to be en- 1016. R. S., 5151, p. 1001. ment of debts and expenses of receiv Election of agent SEC. 3. That whenever any association shall have been or shall be Meeting of shareplaced in the hands of a receiver, as provided in section fifty-two hun- holders after paydred and thirty-four and other sections of said statutes, and when, as provided in section fifty-two hundred and thirty-six thereof, the Comp. ership. troller shall have paid to each and every creditor of such association, R. S., 5234, 5236, not including shareholders who are creditors of such association, p. 1018. whose claim or claims as such creditor shall have been proved or allowed as therein prescribed, the full amount of such claims and all expenses of the receivership, and the redemption of the circulating notes of such association shall have been provided for by depositing lawful money of 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 Notice of meetpublished in the town, city, or county where the business of such ing. 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 by shareholders. have received votes representing at least a najority 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 dis- ment of debts. charge 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 transter 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 Discharge of of this act, be discharged and released from any and all liabilities to Comptroller and such association, and to each and all of the creditors and shareholders receiver. Bond for pay Transfer of assets to property and Instruments of transfer. Powers and du- thereof; and such agent is hereby authorized to sell, compromise, or ties of agent. 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 shail 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 association, sue and be sued, and do all other lawful acts and things necessary to finally settle Administrators, and distribute the assets and property in his hands. In selecting an guardians, etc., agent as herein before provided, administrators or executors of deceased may act in choos- 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. ing agent. R. S., 5205, p. 1013, amended. Sale of stock of shareholder refus ing to pay assessment. Fraudulent notes to be stamped as "counterfeit," etc., by disbursing off cers and bank offi cers. Officer liable for wrongfully stamping. Reports to Comp bauks, etc. R. S., 5211, 5212, 5213, p. 1014. Penalties for failing to report. 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: "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. SEC. 5. That all United States officers charged with the receipt or disbursement of public moneys, and all officers of national banks, shall stamp or write in plain letters the word "counterfeit ""altered" or "worthless," 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. SEO. 6. That all savings banks or savings and trust companies organtroller by savings ized under authority of any act of Congress shall be, and are hereby, required to make, to the Comptroller of the Currency, and publish, all the reports which national banking-associations are required to make and publish under the provisions of sections fifty two hundred and 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 And all savings or other banks now organized, Savings and oth- or which shall hereafter be organized, in the District of Columbia, under er banks in District any act of Congress, which shall have capital stock paid up in whole or of Columbia made in part, shall be subject to all the provisions of the Revised Statutes, subject to certain 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: Paid-in capital Provided, That such savings banks now established shall not be required of existing savings to have a paid-in capital exceeding one hundred thousand dollars. laws. banks. Approved, June 30, 1876. June 30, 1876. Use of unexpend CHAP. 157.—An act to provide temporarily for the expenditures of the Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for a period not exceed ing ten days from and after the thirtieth day of June, eighteen hundred ed balances of year and seventy-six, unless the regular appropriations shall have been pre- days from June 30, 1876, during ten viously made for the service of the fiscal year ending the thirtieth day 1876. of June eighteen hundred and seventy-seven, it shall be lawful to use Post, pp. 78, 95, for the necessary service of the Government, any unexpended balance 122, 131, 168. which may exist of the appropriations made for the service of the fiscal year ending June thirtieth eighteen hundred and seventy-six; and in case no sufficient balance remains at the conclusion of the fiscal year ending June thirtieth, eighteen hundred and seventy six to the credit of any appropriation, the necessary amount is hereby appropriated out of any money in the Treasury not otherwise appropriated, and no greater amount shall be expended under this act than such proportional sum of the appropriations of the fiscal year ending Juue thirtieth, eighteen hundred and seventy-six, as ten days time bears to the whole of said fiscal year, and such expenditure shall be only for the necessary operations of the Government under existing laws. All sums expended under this act shall be charged to, and be deducted from, the appropriations for like service for the fiscal year ending June thirtieth, eighteen ending June 30, hundred and seventy-seven. Approved, June 30, 1876. Appropriation. Limit of expenditure. Expenditure priation for year charged to appro 1877. CHAP. 158.-An act to continue the public printing Be it enacted by the Senate and House of Representatives of the Unitea States of America in Congress assembled, That the Congressional Printer is hereby authorized to continue the work required by law, in advance of appropriations to be hereafter made; and this act shall continue in force for ten days. Approved, June 30, 1876. June 30, 1876. Public printing cortinues ten days. Post, p. 91, 101, 122. CHAP. 159.-An act making appropriations for the naval service for the year ending June 30, 1876. Post, p. 385. Appropriations for naval service for year ending June 30, 1877. For pay of commissioned and warrant officers at sea, on shore, on Pay of officers special service, and of those on the retired-list and unemployed, and for and seamen, milethe actual expenses of officers traveling under orders, and for pay of the age, etc. petty-officers, seamen, ordinary seamen, landsmen, and boys, including men of the engineers' force, and for the Coast Survey service, seven thousand five hundred men, five million seven hundred and fifty thousand dollars. And so much of the act of June sixteenth, one thousand 1874, ch. 285, 18 eight hundred and seventy-four, making appropriations for the support St., 72, repealed as to traveling exof the Army for the fiscal year ending June thirtieth, one thousand penses of officers eight hundred and seventy-five, and for other purposes, as provides that of Navy. 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. Aud officers. hereafter enlistments in the Navy shall cease until the number of en Mileage of Navy |