PUBLIC ACTS OF THE FORTY-SECOND CONGRESS UNITED OF THE STATES, Passed at the First Session, which was begun and held at the City of Washington, in the District of Columbia, on Saturday, the fourth day of March, A. D. 1871, and was adjourned without day on Thursday the twentieth day of April, A. D. 1871. ULYSSES S. GRANT, President. and President of the Senate. SCHUYLER COLFAX, Vice-President President of the Senate pro tempore on the seventeenth day of April, CHAP. I.- An Act to amend “An Act to establish the Smithsonian Institution for the March 20, 1871. Increase and Diffusion of Knowledge among Men," approved August 10, 1846. 1846, ch. 178. Vol. ix. p. 102. The words District of Co Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That "An act to establish the Smithsonian Institution for the increase and diffusion of knowledge "governor of the among men," approved August ten, eighteen hundred and forty-six, be, lumbia" substiand the same is hereby, amended in section one of said act by striking tuted for "mayor out the words "the mayor of the city of Washington," and inserting of Washington." in place thereof the words "the governor of the District of Columbia," and that said act be further amended in section three by striking out the words "the mayor of the city of Washington," and inserting in place thereof the words "the governor of the District of Columbia." APPROVED, March 20, 1871. March 24, 1871. Moneys paid of the United CHAP. II. — An Act relating to Moneys paid into the Courts of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all moneys in the registry of any court of the United States, or in the hands or under the control into the courts of any officer of such court, which were received in any cause pending States, to be deor adjudicated in such court, shall, within thirty days after the passage posited, to the of this act, be deposited with the treasurer, an assistant treasurer, or a designated depositary of the United States, in the name and to the credit treasurer, &c.; of such court. And all such moneys which are hereafter paid into such courts or received by the officers thereof shall be forthwith deposited in ered on security, like manner: Provided, That nothing herein shall be construed to prevent by agreement of the delivery of any such money upon security, according to agreement sanction of of parties under the direction of the court. credit of such courts, with the may be deliv parties and court; SEC. 2. That no money deposited as aforesaid shall be withdrawn not to be withdrawn except except by order of the judge or judges of said courts respectively, in upon the written term or in vacation, to be signed by such judge or judges and to be en- order of the tered and certified of record by the clerk, and every such order shall state judge. the cause in or on account of which it is drawn. VOL. XVII. PUB. -1 Order to stat what. Clerks of courts SEC. 3. That at each regular and stated session of said courts the at each term to clerks thereof shall present an account to said courts of all moneys present an ac count of said moneys to the court, &c. The depositing of any money in violation of this act, or the re tention or con remaining therein, or subject to the order thereof, stating in detail in what causes said moneys are deposited and in what causes payments have been made, which account and the vouchers thereof shall be filed in court. SEC. 4. That if any clerk or other officer of a court of the United States shall deposit any money belonging in the registry of the court, in violation of this act, or shall retain or convert any such money to his own use, or to the use of any other person, he shall be deemed guilty of emversion thereof, bezzlement, and, on conviction, shall be punished by a fine of not less than five hundred dollars and not more than the amount embezzled, or by imprisonment for a term not less than one year nor more than ten years, or both, at the discretion of the court. to be embezzle ment. Penalty The knowingly receiving from the clerk, &c. such money, in violation of this act, to be embezzlement. Penalty. Repeal of acts 1814, ch. 62, Vol. iii. p. 127, 1817, ch. 108, Vol. iii. p. 395. March 24, 1871. Condemne cannon, &c. for SEC. 5. That if any person shall knowingly receive from a clerk or other officer of a court of the United States, any money belonging in the registry of said court, as a deposit, loan, or otherwise, in violation of this act, he shall be deemed guilty of embezzlement, and shall be punished as provided in the last preceding section. SEC. 6. That the act entitled "An act directing the disposition of money paid into the courts of the United States," approved April eighteenth, eighteen hundred and fourteen, and the act supplementary thereto, approved March third, eighteen hundred and seventeen, be, and the same are hereby, repealed. APPROVED, March 24, 1871. CHAP. III. — An Act relating to condemned Cannon for Cemetery at San Francisco. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is Cemetery As hereby authorized to deliver to the Grand Army of the Republic Cemetery Association, of San Francisco, California, six pieces of condemned iron cannon and thirty cannon balls, to be used in the embellishment of the burial-grounds of said association. APPROVED, March 24, 1871. ciation of San Francisco. March 24, 1871. CHAP. IV. the statutes may - An Act to authorize the Commissioners to revise the Statutes to print their Reports. Be it enacted by the Senate and House of Representatives of the United Each commis- States of America in Congress assembled, That the proviso in the act sioner to revise of March three, eighteen hundred and seventy-one, directing "that no have his work printing shall hereafter be executed except on written order under the printed on his direction of heads of departments, or by the two houses of Congress, as written order. authorized by law," shall not be construed to affect the printing required Vol. xvi. p. 517. by the commissioners to revise the statutes, in the execution of their duties; but their reports, indexes, and other papers immediately incidental to their work, may be printed upon the written order of the commissioner by whom the same may have been prepared. APPROVED, March 24, 1871. 1871, ch. 115. March 24, 1871. CHAP. V. - An Act to further regulate the Publication of the Specifications and Be it enacted by the Senate and House of Representatives of the United Publication of States of America in Congress assembled, That if, in the judgment of the specifications and drawings of the patentoffice. Vol. xvi. p. 590. joint committee on printing, the provisions of the joint resolution providing for publishing specifications and drawings of the patent-office, approved January eleventh, eighteen hundred and seventy-one, can be performed under the direction of the commissioner of patents more advantageously than in the manner provided in said joint resolution, it shall be so done, under such limitations and conditions as the joint committee on printing may from time to time prescribe. SEC. 2. That the price of the printed copies of specifications and Price of printed copies of specidrawings of patents, when uncertified, shall be determined by the com- fications and missioner of patents, ten cents being hereby fixed as the minimum, and drawings of patfifty cents as the maximum price of the same; certified copies to be sold ents when uncertified, &c. at the price fixed by the patent act of eighteen hundred and seventy. APPROVED, March 24, 1871. CHAP. VI. — An Act authorizing the President to nominate R. H. Lamson a Lieutenant March 27, 1871. in the United States Navy. R. H. Lamson Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and hereby is, authorized to nominate R. H. Lamson a lieuten- to be nominated ant in the United States navy. APPROVED, March 27, 1871. CHAP. VII. · An Act to re-establish the Office of Surveyor at Eastport, Maine. a lieutenant in the navy. March 30, 1871. Office of sur Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the office of surveyor at the port of Eastport, formerly existing by law and abolished by the veyor of Eastport, Me., re-esSecretary of the Treasury, be, and is hereby, re-established and created, tablished; and shall hereafter exist, subject to the same laws and restrictions that appertained to the same before it was abolished; but it shall hereafter be known as the office of surveyor of Eastport and the district of Passa- to be known. maquoddy bay. APPROVED, March 30, 1871. by what name CHAP. VIII. - An Act to amend an Act entitled "An Act to divide the State of April 4, 1871. Virginia into two judicial Districts." 1871, ch. 35, § 6. Vol. xvi. p. 463. Clerk of court for eastern dis Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second clause of the sixth section of the act aforesaid, of which this act is an amendment, trict of Virginia be amended as follows: "That the clerk of the circuit or district court to transmit paof the eastern district of Virginia shall transmit the original papers and pers, &c. certified copies of all orders in any suit or proceeding which shall be removed for further proceedings from the eastern to the western district of Virginia, as authorized by the first clause of the said sixth section of the act aforesaid, to the clerk of the court to which such suit or proceeding shall be removed, together with a statement of all costs; and all further proceedings shall be had in the court to which the same shall be ceedings. removed as if the said suit or proceeding had originally been commenced therein." APPROVED, April 4, 1871. Further pro ·An Act authorizing the President to appoint Commissioners to examine and April 4, 1871. report upon the Sutro Tunnel in the State of Nevada. report upon the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United Commissioners States is hereby authorized and requested to appoint a board of three to examine and commissioners, two of whom shall be officers of engineers of the army Sutro tunnel in and one a mining or civil engineer, to examine and report upon the Sutro Nevada. tunnel in the State of Nevada, authorized to be constructed by an act of 1866, ch. 244. Congress approved July twenty-five, eighteen hundred and sixty-six, with Vol. xiv. p. 242. special reference to the importance, feasibility, cost, and time required to Report of com- construct the same; the value of the bullion extracted from the mines on missioners to state what. April 15, 1871. the Comstock lode; their present and probable future production; also the geological and practical value of said tunnel as an exploring work, and its general bearing upon our mining and other national interests in ascertaining the practicability of deep mining. APPROVED, April 4, 1871. Be it enacted by the Senate and House of Representatives of the United Contract for States of America in Congress assembled, That the Secretary of War be improvement of barbor at Buffalo authorized, when in his judgment he thinks it will be for the interest of may be extended the United States, to extend or continue the contract for the improveby Secretary of ment of the harbor at Buffalo, made and entered into upon the twentieth day of January, eighteen hundred and sixty-eight. APPROVED, April 15, 1871. War. April 15, 1871. CHAP. XV.- An Act authorizing the Secretary of War to place at the Disposal of the Lyons Monument Association, of Missouri, certain condemned Cannon. Condemned cannon for the Lyon Monument Association of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to place at the disposal of the Lyon Monument Association, of the State of Missouri, twelve condemned the State of Mis- cannon, to be used for the purpose of erecting a monument in the city of St. Louis, Missouri, to the memory of the late Brigadier-General Nathaniel Lyon. souri. APPROVED, April 15, 1871. April 19, 1871. CHAP. XVI.- An Act to authorize the Payment of duplicate Checks of disbursing Duplicate checks for pen sions may be issued in place of original checks of not over $500 lost or destroyed. Bonds of indemnity. Officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in place of original checks issued for pensions, when lost, stolen, or destroyed, disbursing officers and agents of the United States are hereby authorized, after the expiration of six months from the date of such checks, to issue duplicate checks, and the treasurer, assistant treasurers, and designated depositories of the United States are directed to pay such checks, drawn in pursuance of law by such officers or agents, upon notice and proof of the loss of the original check or checks, under such regulations in regard to their issue and payment, and upon the execution of such bonds, with sureties, to indemnify the United States, as the Secretary of the Treasury shall prescribe: Provided, That this act shall not apply to any check exceeding in amount the sum of five hundred dollars. APPROVED, April 19, 1871. April 19, 1871. CHAP. XVII.— An Act to create a Port of Delivery at Potomac, Virginia, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United Portion of the States of America in Congress assembled, That all the waters, shores, bays, Tappahannock harbors, creeks, and inlets on the south side of the river Potomac, comcollection district annexed to prehended between Boyd's Hole and Cockpit Point, now a part of the that of Alexan- collection district of Tappahannock, Virginia, be, and the same are hereby, annexed to the collection district of Alexandria, Virginia. dria. Potomac made a port of delivery. SEC. 2. That Potomac, in the State of Virginia, shall be, and is hereby, constituted and created a port of delivery within the collection district of Alexandria, and there shall be appointed, at a compensation not exceeding the rate of one thousand dollars per annum, a deputy collector of customs, to reside at said port, who shall perform such duties as may be CHAP. XVIII. Deputy collector, salary, duties, &c. Port of delivery at Dumfries abolished. - An Act for the Restoration of Commander George A. Stevens, United April 19, 1871. States Navy, to the active from the retired List. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and is hereby, authorized to nominate, and by and with the advice and consent of the Senate appoint, George A. Stevens to the active list of the navy, with the rank of lieutenant-commander. APPROVED, April 19, 1871. CHAP. XIX. Commander vens restored to George A. Stethe active list of the navy. -An Act to enable the Leavenworth, Lawrence, and Galveston Railroad April 19, 1871. Lawrence, and portion of its Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Leavenworth, Lawrence, Leavenworth, and Galveston Railroad Company, for the purpose of improving its route Galveston Railand accommodating the country, may relocate any portion of its road road Company south of the town of Thayer, within the limits of its grant, as prescribed may relocate a by the act of Congress entitled "An act for a grant of lands to the State road. of Kansas, in alternate sections, to aid in the construction of certain railroads and telegraphs in said State," approved March third, eighteen hundred and sixty-three, but not thereby to change, enlarge, or diminish said land grant. APPROVED, April 19, 1871. 1863, ch. 98. Vol. xii. p. 772. Land grant not changed. CHAP. XXI.—An Act making Appropriations to supply Deficiencies in the Appro- April 20, 1871. priations for the Service of the Year ending June thirtieth, eighteen hundred and seventyone, and for additional Appropriations for the Service of the Year ending June thirtieth, eighteen hundred and seventy-two, and for other Purposes. Payment of Be it eracted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to carry into effect Deficiency appropriation for the provisions of an act entitled "An act granting pensions to certain the year ending soldiers and sailors of the war of eighteen hundred and twelve, and the June 30, 1871, widows of deceased soldiers," approved February fourteen, eighteen hun- and additional appropriation for dred and seventy-one, there be, and is hereby, appropriated, out of any the year ending moneys in the treasury not otherwise appropriated, for the payment, dur- June 30, 1872. ing the remainder of the present fiscal year, of two clerks of class three, additional clerks four clerks of class two, nineteen clerks of class one, and two assistant in the pension messengers in the pension office, to be appointed by the Secretary of the office, &c. (to be appointed by the Interior, eight thousand two hundred and sixty dollars; for office rent, Secretary of the furniture, and contingent expenses of said office for the same period, six Interior,) made thousand five hundred dollars; and for the payment, during the fiscal year act necessary by ending June thirtieth, eighteen hundred and seventy-two, of four clerks of 1871, ch. 50. class three, eight clerks of class two, forty-eight clerks of class one, and Vol. xvi. p. 411. three assistant messengers in said office, to be appointed by the Secretary of the Interior, seventy-seven thousand three hundred and sixty dollars; and for office rent, furniture, stationery, and contingent expenses of said office during the said year, seven thousand dollars: Provided, That nothing in any act contained shall be construed to alter or amend 1870, ch. 225, an act entitled "An act to define the duties of pension agents and pre- Vol. xvi. p. 193, scribe the manner of paying pensions, and for other purposes," approved made applicable July eighth, eighteen hundred and seventy; but the provisions of said ton of claims act are hereby declared to be in full force and effect, and applicable to to, and payments the prosecution of claims to pension, and to the payment of pensions of, pensions. act Provisions of to the prosecu |