888 FORTY-FOURTH CONGRESS Certain acts of legislative assembly repealed. bia where water taken from the United States aqueduct is used, and SEC. 19. That the twenty-third section of the act of the legislative assembly of the District of Columbia, entitled "An act imposing a license on trades, business, and professions practiced or carried on in the District of Columbia," approved August twenty third, eighteen hundred and seventy-one, clauses twenty, and thirty-five of the twenty first section of said act, and clause sixteen of said twenty-first section of said act as amended by the act amendatory thereof, approved June twenty, eighteen hundred and seventy-two, and all other laws and acts, or parts thereof, inconsistent herewith, be, and the same are hereby, repealed. Approved, July 12, 1876. July 12, 1876. CHAP. 181.-An act relative to the redemption of unused stamps. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fourteenth section of 1875, ch. 36, § 14, 18 Stat., p. 310, the act passed February eighth, eighteen hundred and seventy-five, entitled "An act to amend existing customs and internal-revenue laws, repealed. and for other purposes," be, and the same is hereby, repealed; and all unused stamps shall be redeemed when properly presented, as was done Redemption of prior to the passage of the aforesaid act: Provided, That from and after Allowance for the passage of this act no allowance shall be made for documentary documentary stamps, except those of the denomination of two cents, which when pre unused stamps. stamps. July 12, 1876. Appropriation. Purchase of cer- plies in open mar- sented to the Commissioner of Internal Revenue are not found to be in the same condition as when issued by the Internal Revenue Department, or, if so required by the said Commissioner, when the person presenting the same can not satisfactorily trace the history thereof from their issue to their presentation as aforesaid. Approved, July 12, 1876. CHAP. 182.-An act to authorize the Commissioner of Indian Affairs to purchase supplies for the Indian Bureau in open market. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of Indian Affairs be, and he is hereby, authorized to purchase in open market, without the usual advertisement, for immediate use of the Indian tribes, such supplies as are required to an extent, not exceeding one hundred and fifty thousand dollars, which is hereby appropriated for such purpose, out of any money in the Treasury not otherwise appropriated, to serve until the regular appropriation bill shall be passed and approved, and the time now required by law for advertisement and acceptance of proposals shall have elapsed; and such sums so expended Deduction from shall be deducted from the appropriate sums respectively appropriated regular appropria- under the regular appropriation bill when passed. Post, p. 123. tion. July 12, 1876. R. S., 5546, p. 1080, amended. Approved, July 12, 1876. CHAP. 183.-An act to amend section fifty-five hundred and forty-six of the Revised Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section fifty-five hundred and forty-six of the Revised Statutes of the United States be amended so as to read as follows: eral. "SEC. 5546. All persons who have been, or who may hereafter be, Designation of convicted of crime by any court of the United States whose punishment penitentiary or jail is imprisonment in a District or Territory where, at the time of convic- by Attorney-Gen tion, or at any time during the term of imprisonment, there may be no penitentiary or jail suitable for the confinement of convicts or available therefor, shall be confined during the term for which they have been or may be sentenced, or during the residue of said term, in some suitable jail or penitentiary in a convenient State or Territory, to be designated by the Attorney-General, and shall be transported and delivered to the warden or keeper of such jail or penitentiary by the marshal of the District or Territory where the conviction has occurred; and if the conviction be had in the District of Columbia, the transportation and delivery shall be by the warden of the jail of that District; the reasonable actual expense of transportation, necessary subsistence, and hire and transportation of guards and the marshal, or the warden of the jail in the District of Columbia, only, to be paid by the Attorney-General, out of the judiciary fund. But if, in the opinion of the Attorney-General, the expense of transportation from any State, Territory or the District of Columbia, in which there is no penitentiary, will exceed the cost of maintaining them in jail in the State, Territory, or the District of Columbia during the period of their sentence, then it shall be lawful so to confine them therein for the period designated in their respective sentences. And the place of imprisonment may be changed in any case, when, in the opinion of the Attorney-General, it is necessary for nation. the preservation of the health of the prisoner, or when, in his opinion, the place of confinement is not sufficient to secure the custody of the prisoner, or because of cruel or improper treatment: Provided, however, That no change shall be made in the case of any prisoner on the ground of the unhealthiness of the prisoner, or because of his treatment, after his conviction and during his term of imprisonment, unless such change shall be applied for by such prisoner, or some one in his behalf." Approved, July 12, 1876. Change of desig Proviso. CHAP. 184.-An act to authorize the Northwestern Improvement Company, a corporation organized under the laws of the State of Wisconsin, to enter upon the Menomonee Indian reservation, and improve the Oconto River, its branches and tributaries. July 12, 1876. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the assent of Congress be, Oconto River, WisImprovement of and hereby is, given to the Northwestern Improvement Company, a cor- consin, by Northporation organized under the laws of the State of Wisconsin, to improve western Improvethe Oconto River and its branches and tributaries, so as to run logs ment Company. down said river its branches, and tributaries, across the Menomonee Indian reservation, in accordance with the laws of said State: Provided, That Damages. Rights of Menom any damages which may be caused by such improvement shall be awarded as in all other cases under the laws of the State of Wisconsin, and the amount be paid into the Treasury of the United States for the onee Indians. benefit of said Indians; and said Indians and all other persons shall be permitted to use said river for the purpose of running logs, as contemplated in this act; and the charges for said privileges shall be regulated by the legislature of the State of Wisconsin: Provided, That all privileges under this act may be altered or revoked by Congress. Approved, July 12, 1876. 90 July 12, 1876. R. S., 4349 to 4356, pp. 845, 847, not to include vessels navigating Mississippi River, etc. CHAP. 185.-An act to exempt vessels engaged in navigating the Mississippi River Be it enacted by the Senate and House of Representatives of the United Approved, July 12, 1876. July 12, 1876. CHAP. 186.-An act to amend sections 3893 and 3894 of the Revised Statutes providing a penalty for mailing obscene books and other matters therein contained, and prohibiting lottery-circulars passing through the mails. Be it enacted by the Senate and House of Representatives of the United R. S., 3893, p. 763, States of America in Congress assembled, That section thirty eight hundred and ninety-three of the Revised Statutes shall be, and is hereby, amended so as to read as follows: amended. Obscene books, etc., to be mailable. Penalty. "Every obscene, lewd, or lascivious book, pamphlet, picture, paper, non- 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 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; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be non-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." Offences under original section. R. S., 3894, p. 763, amended. And all offences committed under said original section thirty-eight hundred and ninety-three of the Revised Statutes prior to the approval 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 Revised Statutes be, and is hereby, amended by striking out the word "illegal" in the first line of said section. Approved, July 12, 1876. CHAP. 187.—An act to amend an act approved April seventeenth, eighteen hundred and seventy-six, providing for the sale of a part of Custom House Lot, in Rockland, Maine. ed. July 12, 1876. 1876, ch. 65, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act approved April seventeenth, eighteen hundred and seventy-six, providing for the sale ante, p. 34, amendof a part of Custom House Lot in Rockland, Maine, be, and the same is hereby, so amended that the strip of land therein described, shall be Description of lot as follows, to wit: Beginning at the northerly corner of land of the to be sold at Rockheirs of Chas. Spofford, and running thence north eight degrees east land, Me. one hundred and twenty-one and four tenth feet to Limerock Street at the northwesterly corner of land of Oliver H. Perry, formerly shipbuilders lot; thence south thirty minutes east by land of said Perry and John T. Berry one hundred and twenty-four feet to land of said Spofford's heirs; thence north seventy-six degrees west by land of said Spofford's heirs, eighteen and six-tenth feet to the place of beginning, containing about eleven hundred and twenty feet. And the Secretary of the Treasury is authorized to sell and convey the herein described parcel of land upon the same terms and conditions named in the act to which this is additional. Approved, July 12, 1876. CHAP. 191.-An act to continue the act entitled "An act to continue the public printing" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of an act entitled "An act to continue the public printing" approved June thirtieth, eighteen hundred and seventy-six, be, and the same are hereby extended and continued in full force and effect for a period of ten days from and after the tenth day July, eighteen hundred and seventy six, and no longer. Approved, July 18, 1876. CHAP. 192.—An act to change the name of the steam-barge "Dolphin”, of Clayton, July 18, 1876. Name of steambarge Dolphin " 66 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be authorized to change the name of the "Dolphin", of Clayton, changed. New York, to "Solon H. Johnson," and that from the passage of this act she shall be entitled to enrolment or registry by that name. Approved, July 18, 1876. July 19, 1876. Bills in Arizona, laws. CHAP. 212.-An act relating to the approval of bills in the Territory of Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every bill which shall have passed the legislative council and house of representatives of the Teri- how to become tory of Arizona shall, before it becomes a law, be presented to the gov ernor 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 be Proviso. Proviso. come 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. Approved, July 19, 1876. July 19, 1876. CHAP. 213.—An act authorizing the repavement of Pennsylvania avenue. Be it enacted by the Senate and House of Representatives of the United Commissioners States of America in Congress assembled, That the President of the United for paving Penn- States be, and he is hereby, directed to detail General H. G. Wright sylvania avenue. and General Q. A. Gilmore, of the Engineer Corps of the Army, who, with Edward Clark, of Washington, District of Columbia, shall form a commission, whose duty shall be to select and determine the best kind of pavement to be used in paving Pennsylvania avenue and all intersections of streets, avenues, and alleys crossing the same, including the triangular spaces directly connecting with the Pennsylvania-avenue pavement, abutting on parts of squares numbered two hundred and fifty-four, two hundred and fifty-six, three hundred and twenty-three, three hundred and forty-eight, and four hundred and eight, but not including the side-walks; and to. have said thoroughfare paved therewith from the northwest gate of the Capitol-grounds, to and including the crossing of Fifteenth street west, with such a pavement as they, or a majority of the said commission, may agree upon. Organization. Pavement. SEC. 2. That within ten days after the passage of this act, or as soon thereafter as may be, the commission named herein shall meet and organize by the election of a president and secretary from among their number, and shall proceed to perform the duties herein imposed upon Notice for pro- them; and as soon as practicable, they shall give notice for one week, in posals. a daily paper published in each of the cities of Washington, Philadelphia and New York, for proposals, with full specifications, for paving said avenue: Provided, That said pavement shall be of the best material laid in the most substantial manner, and without unnecessary Contractor's delay; and that a good and sufficient bond to the United States, with sureties, to be approved by the commission, shall be exacted, guaranteeing that the terms of any contract or contracts shall be strictly and faithfully observed, and that the contractor shall keep the said pavement in good repair for the term of three years; and said commission shall retain ten per centum of the cost of the work as an additional security and a guarantee fund to keep the same in repair for the said term, which said per centum shall be invested in the Bonds of the United States and the interest thereon paid to said contractors. bond. Repairs. Ten per centum retained. Pavement, how paid for. Railroad track. SEC. 3. That the cost of laying down said pavement shall be paid for in the following proportions and manner: The Washington and Georgetown Railroad Company shall bear all of the expense for that portion of the work lying between the exterior rails of the tracks of the road, and for a distance of two feet from and exterior to the track on each side thereof, and of keeping the same in repair; but the said railroad company, having conformed to the grade established by the Commissioners, may use cobble-stone or Belgian rock in paving their tracks, or the space between their tracks, as the commissioners shall direct. The United States shall pay the cost of paving the spaces between its |