138 Tennessee River. South Pass of depth of water. 1875, ch. 134, 18 Stat., 463. For the improvement of the Tennessee River, two hundred and seventy thousand dollars; fifteen thousand dollars of which are to be expended above Chattanooga, and the remaining two hundred and fiftyfive thousand dollars are to be expended upon Muscle Shoals. To ascertain in current and next fiscal years, as required by act of Mississippi River, March third, eighteen hundred and seventy-five, the depth of water and width of channel secured and maintained, from time to time, by James B. Eads, at South Pass of the Mississippi River, and to enable the Secretary of War to report during the construction of the work the payments made from time to time and the probable times of other payments, and to report during the construction of the work all important facts relating to the progress of the same, materials used, and the character and permanency with which the said jettee and anxiliary works are being constructed, fifteen thousand dollars. Columbia River Canal. Proviso. Racine. Galveston Bay. Month of Missis sippi River. How appropriations to be applied and expended. Survey of shipchannel in Galveston Bay. For the construction of a canal around the cascades of the Columbia River in the State of Oregon, ninety thousand dollars; of which amount the Secretary of War is authorized to expend so much as, in his judgment, may be necessary and proper to secure title and right of way for canal and locks, not exceeding the sum of ten thousand dollars; and whenever, in the prosecution of the said work, it shall have become necessary to obtain the right of way over any lands for the said canal and locks, the Secretary of War shall take possession of and use the said lands, after having purchased the same, or, in case the said lands cannot be purchased for a reasonable price, then after having paid for the same, or secured the value thereof, which value may be ascertained in the mode provided by the laws of Oregon for the condemnation of lands for public uses in that State. The Department of Justice shall represent the interests of the United States in any legal proceedings under this act to obtain the right of way for said canal. For the improvement of the harbor at Racine, Wisconsin eight thousand dollars. For the continuing of the work on the ship-channel in Galveston Bay, seventy-two thousand dollars; to be expended between Red Fish Bar and Morgan's Point. For the improvement of the mouth of the Mississippi River, one hundred thousand dollars: Provided, That this appropriation shall not be available whenever and so long as there shall be an open channel of eighteen feet of water, at mean tide, to and from the sea through the South Pass of the Mississippi River to the port of New Orleans. It shall be the duty of the Secretary of War to apply the moneys herein appropriated as far as may be by contract, except when specific estimates cannot be made for the particular work, or where, in the judg ment of said Secretary, the work cannot be contracted at prices advantageous to the Government, and except the appropriations made for examinations and surveys; and such contracts shall be made after sufficient public advertisement for proposals, in such form and manner as the Secretary of War shall prescribe; and such contracts shall be made with the lowest responsible bidders therefor, accompanied by such secu rities as the Secretary of War shall require. SEC. 2. That the Secretary of War is hereby directed to cause a survey for a ship channel through Galveston Bay, beginning at twelve feet water in the mouuth of the San Jacinto River, and running out of the mouth of said river east of Morgan's Point to the present channel, through Red Fish Bar; thence through the same, extending through Galveston Harbor, passing west of Half-Moon Shoals and Pelican Island, and to twelve feet water in Galveston Channel; and to cause an estimate of the cost of the same to be made, and of the comparative merits of the same, with the route to the head of Bolivar Channel; and of the effects of the completion of each of said channels on the Galveston Harbor as to shoaling or deepening the same, and report the same to Congress by the first day of December, eighteen hundred and seventy-six, the cost thereof, not to exceed ten thousand dollars, to be paid out of the forty thousand Reports by Secretary of War of necessary legislation and unlawful use of piers, etc. dollars hereinafter appropriated. And the sum of forty thousand dol Appropriation lars is hereby appropriated for incidental repairs of harbors for which for repairs and surthere is no special appropriation provided for by law, and for examina- veys. tion and survey of such rivers and harbors, as in the judgment of the Secretary of War, will subserve the general interests of commerce. SEC. 3. That the Secretary of War is hereby directed to report to Congress on the first Monday of December next what legislation, in his opinion, is necessary to protect the breakwaters, piers, and other public works constructed by the United States against trespasses upon or injury thereto; and the Secretary of War is hereby directed to report to Congress at its next session all the instances in the United States in which piers, breakwaters, or other structures or works built or made by the United States in aid of commerce or navigation, are used, occupied, or injured by a corporation or an individual, and the extent and mode of such use, occupation, or injury, and the facts touching the same. Any person who shall wilfully and unlawfully injure any pier, breakwater, or other work of the United States for the improvement of rivers or harbors, or navigation in the United States, shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars. Approved, August 14, 1876. CHAP. 268.-An act to authorize the Commissioner of Indian Affairs to receive lands in payment of Judgments to Eastern Band of Cherokee Indians. Aug. 14, 1876. Certain lands to ments of William Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of Indian Affairs be, and he is hereby, authorized and empowered to collect be taken in satis and receive, in payment of the amount due on certain Judgments faction of judg in favor of William Johnston and against William H. Thomas, now Johnston rs. Willheld by him in trust for the Eastern Band of Cherokee Indians of iam H. Thomas. North Carolina, the lands mentioned and described in the award of Rufus Barringer, John H. Dillard, and Thomas Ruffin, as a board of arbitrators, under date of October twenty-third, eighteen hundred and seventy-four, upon which such judgments were a lien; such lands to be taken at their cash-value, to be determined by an appraisal to be approved by the Secretary of the Interior, and conveyed to the Eastern Band of Cherokee Indians in fee-simple: Provided, That if the lands above mentioned shall not be sufficient in value to pay off and discharge said judgment, the Commissioner is authorized to receive such other lands as the said Eastern Band of Indians may select, by and with the assent of the said Commissioner, to an amount sufficient to discharge the said judgment. Approved, August 14, 1876. CHAP. 269.-An act to change the name of the pleasure-yacht "Lydia," to that of "Sylph 66 Proviso. Aug. 14, 1876. Name of yacht Sylph. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the name of the pleasureyacht Lydia," owned by Andrew C. Wheelwright, of Boston in the Lydia changed to State of Massachusetts, be, and hereby is, changed to that of "Sylph," and the Secretary of the Treasury is hereby authorized to grant said vessel a register under said name. Approved, August 14, 1876. CHAP. 270.----An act establishing the port of Saint Paul, Minnesota, as a port of ap praisal. Aug. 14, 1876. Saint Paul to be Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions contained in, and the privileges accorded by, sections twenty-nine hundred and port of appraisal. ninety, twenty-nine hundred and ninety-one, twenty-nine hundred and 2997, pp. 579, 580. R. S., 2990 to Appraiser's sal ary. ninety-two, twenty-nine hundred and ninety-three, twenty-nine hundred SEC. 2. That the appraiser at the port of Saint Paul shall receive the Approved, August 14, 1876. Ang. 14, 1876. Iron steamships accepted for China mail service. 1865, ch. 37, 13 Stat., 430. Proviso. CHAP. 271.--An act allowing the Pacific Mail Steamship Company to carry the mails Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster General be, and he is hereby, authorized to accept from the Pacific Mail Steamship Company, for service in transporting the mails of the United States between San Francisco and China, the steamships City of Sidney, City of New York, and City of San Francisco, the same being new iron American-built ships of more than three thousand tons register; said iron steamships to be substituted for any wooden side-wheel steamers now lawfully doing service under the act of Congress of February seventeenth, eighteen hundred and sixty-five: Provided, That nothing herein contained shall be construed as creating reviving or recognizing any claim now pending, or as a basis of any claim which may hereafter be preferred against the United States by said steamship company, growing out of any law or contract whatever, excepting compensation for service performed by the said company for the balance of the term of the contract of the said company made in pursuance of the said act of February seventeenth, eighteen hundred and sixty-five and for which appropriation has been made. Approved, August 14, 1876. Aug. 14, 1876. Agricultural reports to be printed. Number copies. Appropriation. CHAP. 272.-An act to provide for the printing and distribution of the Reports of the Commissioner of Agriculture for the years eighteen hundred and seventy-four and eighteen hundred and seventy-five. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the public printer be and he is hereby directed to cause to be printed one hundred thousand copies of the Report of the Commissioner of Agriculture for the year eighteen hundred and seventy-four, twenty thousand copies of which shall be for the use of the Senate and eighty thousand copies for the use of the of House of Representatives; and that he also cause to be printed two hundred thousand copies of the Report of the Commissioner of Agriculture for the year eighteen hundred and seventy-five forty-three thousand seven hundred and fifty copies of which shall be for the use of the Senate, one hundred and thirty-one thousand two hundred and fifty copies shall be for the use of the House of Representatives and twenty-five thousand copies shall be for the use of the Commissioner of Agriculture; and that the sum of one hundred and thirty thousand dollars, or so much thereof as may be necessary is hereby appropriated for the execution of the work, to be paid out of any money in the Treasury not otherwise appropriated. Approved, August 14, 1876 CHAP. 273.-An act extending the time for the redemption of lands held by the Aug. 14, 1876. Time for redeem lands extended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time limited for the redemption of direct tax lands by the act entitled "An act to provide ing direct-tax for the redemption and sale of lands held by the United States under the several acts levying direct taxes and for other purposes" approved June eighth eighteen hundred and seventy-two, be, and is hereby, extended to the first day of February, eighteen hundred and seventyseven; and all acts or parts of acts inconsistent herewith are hereby repealed. 1872, ch. 337, 17 Stat., 330 Appropriation SEC. 2. That the expenses already incurred in preparing for the sale of lands held by the United States under the several acts levying direct for expenses. taxes may be paid out of any money in the Treasury not otherwise appropriated by law. Approved, August 14, 1876. CHAP. 274.-An act to punish the counterfeiting of trade-mark goods and the sale or dealing in of counterfeit trade-mark goods. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall with intent to defraud, deal in or sell, or keep or offer for sale, or cause or procure the sale of, any goods of substantially the same descriptive properties as those referred to in the registration of any trade-mark, pursuant to the statutes of the United States, to which, or to the package in which the same are put up, is fraudulently affixed said trade mark, or any colorable imitation thereof, calculated to deceive the public, knowing the same to be counterfeit or not the genuine goods referred to in said registration, shall, on conviction thereof, be punished by fine not exceeding one thousand dollars, or imprisonment not more than two years, or both such fine and imprisonment. SEC. 2. That every person who fraudulently affixes, or causes or procures to be fraudulently affixed, any trade-mark registered pursuant to the statutes of the United States, or any colorable imitation thereof, calculated to deceive the public, to any goods, of substantially the same descriptive properties as those referred to in said registration, or to the package in which they are put up, knowing the same to be counterfeit, or not the genuine goods, referred to in said registration, shall on conviction thereof, be punished as prescribed in the first section of this act. SEC. 3. That every person who fraudulently fills, or causes or procures to be fraudulently filled, any package to which is affixed any trade-mark, registered pursuant to the statutes of the United States, or any color. able imitation thereof, calculated to deceive the public, with any goods of substantially the same descriptive properties as those referred to in said registration, knowing the same to be counterfeit, or not the genuine goods referred to in said registration, shall, on conviction thereof, be punished as prescribed in the first section of this act. SEC. 4. That any person or persons who shall, with intent to defraud any person or persons, knowingly and willfully cast, engrave, or manufacture, or have in his, her, or their possession, or buy, sell, offer for sale, or deal in, any die or dies, plate or plates, brand or brands, engraving or engravings, on wood, stone, metal, or other substance, moulds, or any false representation, likeness, copy, or colorable imitation of any die, plate, brand, engraving, or mould of any private label, brand, stamp, wrapper, engraving on paper or other substance, or trade mark, regis tered pursuant to the statutes of the United States, shall, upon conviction thereof, be punished as prescribed in the first section of this act. SEC. 5. That any person or persons who shall, with intent to defraud any person or persons, knowingly and willfully make, forge, or coun Aug. 14, 1876. Dealing, etc., knowingly, etc., in trade-mark goods. Affixing registered trade - mark fraudulently. Fraudulently filling package bearing registered trade-mark. Making, etc., trade-mark-dies, etc., with intent to defraud. Counterfeiting, etc., registered trade-marks. Dealing, etc., in empty packages bearing trademarks, with intent, etc. Search-warrants terfeit, or have in his, her, or their possession, or buy, sell, offer for sale, or deal in, any representation, likeness, similitude, copy, or colorable imitation of any private label, brand, stamp, wrapper, engraving, mould, or trade mark, registered pursuant to the statutes of the United States, shall, upon conviction thereof, be punished as prescribed in the first section of this act. SEC. 6. That any person who shall, with intent to injure or defraud the owner of any trade-mark, or any other person lawfully entitled to use or protect the same, buy, sell, offer for sale, deal in or have in his possession any used or empty box, envelope, wrapper, case, bottle, or other package, to which is affixed, so that the same may be obliterated without substantial injury to such box or other thing aforesaid, any trade-mark, registered pursuant to the statutes of the United States, not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, shall, on conviction thereof, be punished as prescribed in the first section of this act. SEC. 7. That if the owner of any trade-mark, registered pursuant to for counterfeit the statutes of the United States, or his agent, make oath, in writing, plates, trade that he has reason to believe, and does believe, that any counterfeit marks, etc., when and by whom dies, plates, brands, engravings on wood, stone, metal, or other subgranted. stance, or moulds, of his said registered trade-mark, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, or makes such oaths that any counterfeits or colorable imitations of his said trade-mark, label, brand, stamp, wrapper, engrav ing on paper or other substance, or empty box, envelope, wrapper, case, bottle, or other package, to which is affixed said registered trade-mark not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, then the several judges of the circuit and district courts of the United States and the Commissioners of the circuit courts may, within their respective jurisdictions, proceed under the law relating to search-warrants, and may issue a search-warrant authorizing and directing the marshal of the United States for the proper district to search for and seize all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, and said counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper, or other substance, and said empty boxes, envelopes, wrappers, cases, bottles, When counter or other packages that can be found; and upon satisfactory proof feit plates, etc., being made that said counterfeit dies, plates, brands, engravings on may be destroyed. wood, stone, metal, or other substance, moulds, counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, are to be used by the holder or owner for the purposes of deception and fraud, that any of said judges shall have full power to order all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, to be publicly destroyed. Aiding and abetting violations of this act. SEC. 8. That any person who shall, with intent to defraud any person or persons, knowingly and willfully aid or abet in the violation of any of the provisions of this act, shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars, or imprisonment not more than one year, or both such fine and imprisonment. Approved, August 14, 1876. |