Page images
PDF
EPUB

Division of interest.

Withdrawal of principal. Certain officers, &c. not to borrow, &c.

Embezzle

ment.

Subordinate officers, bonds, and salaries.

First meeting of corporation.

by way of an investment and as a surety for loans, shall not exceed one half of the capital stock of such bank, and that not more than three quarters of the whole sum deposited in the institution shall be at any one time invested in mortgages of real estate. The income or interest of all deposits shall be divided among the depositors, or their legal representatives, according to the terms of interest stipulated; and the principal may be withdrawn at such times or in such manner as the corporation shall in its by-laws direct.

SEC. 5. And be it further enacted, That no officer, director, or committee, charged with the duty of investing the deposits shall borrow any portion thereof, or use the same, except in payment of the expenses of the corporation; and if any officer, director, agent, or other person connected with said bank, and interested with the funds or deposits thereof, shall embezzle or fraudulently convert the same to his own use, he shall be deemed guilty of larceny, and shall, on conviction thereof by any court competent to try the offence, be imprisoned in the penitentiary not less than one nor more than ten years.

SEC. 6. And be it further enacted, That the subordinate officers and agents of said corporation shall respectively give such security for their fidelity and good conduct as the board of managers may from time to time require, and said board shall fix the salaries of such officers and agents.

SEC. 7. And be it further enacted, That the persons named as corporators in the first section of this act shall be authorized to meet and organize said bank by the election of one of their number as president, and one as Trustees and vice-president, and thereupon shall proceed to elect such persons as they shall select, to be added to their board of managers, so that the whole number of trustees, or managers, including the president and vice-president, shall not exceed nine persons.

managers.

Annual report to Congress. Items.

Oath.

Books to be open.

By-laws.

Seal.
Deeds, &c.

Bond, &c. to pay depositors, &c.

SEC. 8. And be it further enacted, That this corporation shall make an annual report to Congress of their funds and investments. Said returns shall specify the following particulars, namely: The number of depositors; total amount of deposits; amount invested in bank stock and deposited in bank on interest; amount secured by bank stock; amount invested in public funds; loans on security of public funds; loans on mortgage of real estate; loans on personal securities; amount of cash on hand; total dividends of the year; annual expenses of the institution; all of which shall be certified and sworn to by the treasurer; and five or more of the managers shall also certify and make oath that the said return is correct according to their best knowledge and belief.

SEC. 9. And be it further enacted, That the books of said corporation shall, at all times during their hours of business, be open for inspection and examination to the comptroller of the currency or depositors.

SEC. 10. And be it further enacted, That said corporation may make bylaws for the more orderly management of their business, not repugnant to law; may have a common seal, which they may change at pleasure; that all deeds, grants, covenants, and agreements, made by their treasurer, or any other person by their authority, shall be good and valid; and said corporation shall have power to sue and may be sued, defend and be held to answer, by the name aforesaid.

SEC. 11. And be it further enacted, That the said corporation shall file a bond, with security, with the clerk of the supreme court of the District, to be approved by one of the judges of the said court, to the United States, in the penal sum of two hundred thousand dollars, with a condition to pay and to satisfy to every depositor or person entitled, such sum as the party may be entitled to, within thirty days after such deposit shall be demanded; and which bond may be sued by any depositor or person entitled after such demand and refusal to pay; and that the said supreme court shall have New bond, &c. power to require a new bond, and new security, at any time they may deem it necessary for the interest of parties interested.

SEC. 12. And be it further enacted, That Congress shall, at all times, possess the power to alter, amend, or repeal this act. APPROVED, May 24, 1870.

altered, &c.

CHAP. CXI.— An Act to incorporate the Trustees of the Corcoran Gallery of Art, and May 24, 1870. for other Purposes.

Trustees of
Corcoran Gal-

Powers of cor

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That James M. Carlisle, James C. Hall, George W. Riggs, Anthony Hyde, James G. Berret, James C. lery of Art inKennedy, Henry D. Cooke, and James C. McGuire, of the city of Wash- corporated. ington, and of Georgetown, District of Columbia, and William T. Walters, of the city of Baltimore, State of Maryland, and their successors, be, and they are hereby, created and constituted a body politic and corporate in law, by the name and style of the Trustees of the Corcoran Gallery of Art, and by that name may sue and be sued, implead and be impleaded, have perpetual succession, and shall and may take, hold, manage, poration. and dispose of, at all times, real and personal estate, and shall and may do and perform all other acts and things necessary or appropriate for the execution of the trusts created and conferred on them in and by a certain deed from William W. Corcoran, to them, the said parties herein before named, which is dated the tenth day of May, eighteen hundred and sixtynine, and was recorded on the eighteenth of the same month in liber D, number eight, folio two hundred and ninety-four, et sequitur, one of the land records of Washington county, District of Columbia, to which reference is hereby made for greater certainty; the intent of this charter of incorporation being that the same shall be in execution of the trusts in the said deed declared and set forth, and not to any other intent or purpose whatever.

SEC. 2. And be it further enacted, That the Secretary of War, the Secretary of the Treasury, and the Secretary of State be, and they are hereby, authorized and directed to ascertain and settle, upon principles of justice, a fair and just compensation for the use of the ground and buildings described in the before-mentioned deed, while the same were occupied by the United States for the public service; and that the sum so ascertained and settled by them, or a majority of them, shall, upon their certificate and award thereof, be paid to the corporation hereinbefore created, out of any money in the treasury not otherwise appropriated.

SEC. 3. And be it further enacted, That any tax which may be claimed
or due to the United States, by reason of the transfer of the property
above mentioned, or the execution and delivery of the said deed from the
said William W. Corcoran to the above-named trustees, be, and the same
is hereby, remitted and released.

SEC. 4. And be it further enacted, That the aforesaid buildings and
grounds connected therewith, together with all the works of art that may
be contained therein, shall be free from all taxes and assessments by the
municipal authorities, or by the United States, so long as the same shall
be held and used for the purpose hereinbefore set forth.
APPROVED, May 24, 1870.

CHAP. CXIII.

ter.

Intent of char

Pay for the use of certain ground and

the amount paid buildings to be to the corporadetermined and

tion.

Tax remitted.

Buildings, &c. exempt from

taxes.

See Post, p. 293. An Act creating an additional Land District in the Territory of May 27, 1870. Colorado.

Arkansas Val

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that portion of the Territory of Colorado embraced in the following described limits, to wit: ley land district commencing at the eastern boundary of the Territory at the intersection of the second correction line south and running thence west on that line to the line dividing ranges numbered seventy-five and seventy-six west of the sixth principal meridian; thence south with the range line to the

established in Colorado.

Boundaries.

Arkansas Val- third correction line south; thence west on said line to the western ley land district boundary of the Territory; thence south to the southern boundary of in Colorado. said Territory; thence east to the eastern boundary of said Territory; thence north to the place of beginning; shall constitute a separate land district, to be called the Arkansas Valley land district, the office of which shall be located at such place in said district as the President of the United States may direct, which may be changed by him from time to time as the public interest may require.

Location of

office.

Register and receiver;

SEC. 2. And be it further enacted, That the President shall appoint, by and with the advice and consent of the Senate, or in the recess of the Senate, a register and receiver of public moneys for said district; their residence, and said officers shall reside in the place where said land office is lopay, &c. cated, and shall have the same powers and receive the same emoluments as the same officers now receive in the land districts in the State of Nevada.

APPROVED, May 27, 1870.

May 31, 1870. CHAP. CXIV.

tion of servitude

nor the per

An Act to enforce the Right of Citizens of the United States to vote in the several States of this Union, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the United Race, color, or States of America in Congress assembled, That all citizens of the United previous condi- States who are or shall be otherwise qualified by law to vote at any not to affect the election by the people in any State, Territory, district, county, city, right to vote at parish, township, school district, municipality, or other territorial subany election; division, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. SEC. 2. And be it further enacted, That if by or under the authority of formance of any the constitution or laws of any State, or the laws of any Territory, any prerequisite to the right of vot- act is or shall be required to be done as a prerequisite or qualification ing. for voting, and by such constitution or laws persons or officers are or shall be charged with the performance of duties in furnishing to citizens. an opportunity to perform such prerequisite, or to become qualified to vote, it shall be the duty of every such person and officer to give to all citizens of the United States the same and equal opportunity to perform such prerequisite, and to become qualified to vote without distinction of Penalty for re- race, color, or previous condition of servitude; and if any such person fusing or know- or officer shall refuse or knowingly omit to give full effect to this secingly omitting to give full effect to tion, he shall, for every such offence, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with full costs, and such allowance for counsel fees as the court shall deem just, and shall also, for every such offence, be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one month and not more than one year, or both, at the discretion of the

this section.

The offer to

court.

SEC. 3. And be it further enacted, That whenever, by or under the perform any act authority of the constitution or laws of any State, or the laws of any prerequisite to voting, if it fail, Territory, any act is or shall be required to [be] done by any citizen &c. by, &c. to be as a prerequisite to qualify or entitle him to vote, the offer of any such deemed a performance in law citizen to perform the act required to be done as aforesaid shall, if it of such act, and fail to be carried into execution by reason of the wrongful act or omisto entitle to vote. sion aforesaid of the person or officer charged with the duty of receiv

ing or permitting such performance or offer to perform, or acting thereon, be deemed and held as a performance in law of such act; and the person so offering and failing as aforesaid, and being otherwise qualified, shall be entitled to vote in the same manner and to the same extent as

FORTY-FIRST CONGRESS.

officers of elec

son, upon affida

if he had in fact performed such act; and any judge, inspector, or other Penalty upon
officer of election whose duty it is or shall be to receive, count, certify, tion for wrong-
register, report, or give effect to the vote of any such citizen who shall ful refusal to re-
vote of such per-
wrongfully refuse or omit to receive, count, certify, register, report, or ceive, &c. the
give effect to the vote of such citizen upon the presentation by him of
his affidavit stating such offer and the time and place thereof, and the vit, &c.
name of the officer or person whose duty it was to act thereon, and that
he was wrongfully prevented by such person or officer from performing
such act, shall for every such offence forfeit and pay the sum of five
hundred dollars to the person aggrieved thereby, to be recovered by an
action on the case, with full costs, and such allowance for counsel fees as
the court shall deem just, and shall also for every such offence be guilty
of a misdemeanor, and shall, on conviction thereof, be fined not less than
five hundred dollars, or be imprison ed not less than one month and not
more than one year, or both, at the discretion of the court.

citizen from

unlawfully obSEC. 4. And be it further enacted, That if any person, by force, bribery, Penalty for threats, intimidation, or other unlawful means, shall hinder, delay, pre- structing, or vent, or obstruct, or shall combine and confederate with others to hinder, combining to delay, prevent, or obstruct, any citizen from doing any act required to be obstruct, any done to qualify him to vote or from voting at any election as aforesaid, qualifying himfrom voting; such person shall for every such offence forfeit and pay the sum of five self to vote, or hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with full costs, and such allowance for counsel fees as the court shall deem just, and shall also for every such offence be guilty of a misdemeanor, and shall, on con viction thereof, be fined not less than five hundred dollars, or be imprison ed not less than one month and not more than one year, or both, at the discretion of the court.

threats;

for intimidating or attemptSEC. 5. And be it further enacted, That if any person shall prevent, hinder, control, or intimidate, or shall attempt to prevent, hinder, control, ing to intimidate or intimidate, any person from exercising or in exercising the right of suf- certain persons ercising the right frage, to whom the right of suffrage is secured or guaranteed by the fif- from, or in, exteenth amendment to the Constitution of the United States, by means of of suffrage by bribery, threats, or threats of depriving such person of employment or oc- bribery or cupation, or of ejecting such person from rented house, lands, or other property, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, such person so offending shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court.

for two or more persons SEC. 6. And be it further enacted, That if two or more persons shall conspiring toband or conspire together, or go in disguise upon the public highway, or upon the premises of another, with intent to violate any provision of this gether or going &c. to injure, act, or to injure, oppress, threaten, or intimidate any citizen with intent in disguise upon, to prevent or hinder his free exercise and enjoyment of any right or priv- &c. or with inilege granted or secured to him by the Constitution or laws of the United tent to prevent of certain priviStates, or because of his having exercised the same, such persons shall be the enjoyment held guilty of felony, and, on conviction thereof, shall be fined or impris- leges, &c. or bethe fine not to exceed five cause, &c.; -and oned, or both, at the discretion of the court, thousand dollars, and the imprisonment not to exceed ten years, shall, moreover, be thereafter ineligible to, and disabled from holding, any office or place of honor. profit, or trust created by the Constitution or laws of the United States.

any crime, &c.

SEC. 7. And be it further enacted, That if in the act of violating any for committing provision in either of the two preceding sections, any other felony, crime, while violating or misdemeanor shall be committed, the offender, on conviction of such any provision of ing sections. violation of said sections, shall be punished for the same with such punish- the two precedments as are attached to the said felonies, crimes, and misdemeanors by the laws of the State in which the offence may be committed.

District courts

of the United

States to have

offences under

SEC. 8. And be it further enacted, That the district courts of the United States, within their respective districts, shall have, exclusively of jurisdiction of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with this act, exclusive of State the circuit courts of the United States, of all causes, civil and criminal, courts, and con- arising under this act, except as herein otherwise provided, and the juriscurrently with diction hereby conferred shall be exercised in conformity with the laws Certain prose- and practice governing United States courts; and all crimes and offences cutions to be by committed against the provisions of this act may be prosecuted by the indictment, and others by indict- indictment of a grand jury, or, in cases of crimes and offences not infamous, the prosecution may be either by indictment or information filed by the district attorney in a court having jurisdiction.

the circuit court.

ment or information.

Special provisions for prose

sons violating this act.

SEC. 9. And be it further enacted, That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed cuting all per- by the circuit and territorial courts of the United States, with powers of arresting, imprisoning, or bailing offenders against the laws of the United States, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every person who shall violate the provisions of this act, and cause him or them to be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States or territorial court as has cognizance of the offense. And with a view to afford reasonable protection to all persons in their constitutional commissioners right to vote without distinction of race, color, or previous condition of territorial courts servitude, and to the prompt discharge of the duties of this act, it shall to be increased; be the duty of the circuit courts of the United States, and the superior

Number of of circuit and

their powers and duties.

Marshals and

cute all war

rants, &c.

Penalty for refusal to re

ly.

to execute process;

courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act; and such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to offences created by this act as they are authorized by law to exercise with regard to other offences against the laws of the United States.

SEC. 10. And be it further enacted, That it shall be the duty of all deputies to exe- marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to ceive warrant, or failing to exe- execute the same, he shall, on conviction thereof, be fined in the sum of cute it diligent- one thousand dollars, to the use of the person deprived of the rights Commission- conferred by this act. And the better to enable the said commissioners ers may appoint to execute their duties faithfully and efficiently, in conformity with the suitable persons Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their districts respectively, to appoint, in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties, and the persons so appointed to execute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the fifteenth amendment to the Warrants may Constitution of the United States; and such warrants shall run and be executed by said officers anywhere in the State or Territory within which they are issued.

authority of such persons to call upon bystanders or the United States forces.

be executed within the State.

SEC. 11. And be it further enacted, That any person who shall know

« PreviousContinue »