&c.; of the books, papers, and accounts of collectors and other officers of the &c. of collectors, customs, required to be made pursuant to the provisions of the twenty- 1799, ch. 22, § 21. first section of "An act to regulate the collection of duties on imports Vol. i. p. 642. and tonnage," approved March second, seventeen hundred and ninety-nine, and to be employed generally, under the direction of said Secretary, in the prevention and detection of frauds, on the customs revenue; and the expense thereof shall be charged to the "appropriation to defray the expense of collecting the revenue from customs." into three 2d class; 3d class. SEC. 2. And be it further enacted, That said special agents shall be to be divided divided into three classes: the first class shall consist of nineteen agents, classes. two of whom shall each receive, in addition to the expenses necessarily Number and and actually incurred by him, a compensation of ten dollars per day, and pay of 1st class; seventeen of whom shall each receive, in addition to expenses necessarily and actually incurred by him, a compensation of eight dollars per day; the second class shall consist of sixteen agents, each of whom shall receive, in addition to expenses necessarily and actually incurred by him, a compensation of six dollars per day; the third class shall consist of eighteen agents, each of whom shall receive, in addition to expenses necessarily and actually incurred by him, a compensation of five dollars. per day; and the Secretary of the Treasury is hereby authorized to make such rules and regulations, not inconsistent with law, for the government Rules, &c. for of said special agents as he may deem expedient and necessary: Provided, That no sum shall be paid to any such agents for mileage, or any other expenses except such as are actually incurred in the discharge of their official duties. SEC. 3. And be it further enacted, That the present number of special agents shall be reduced to fifty-three, and no special agent, in addition to the number authorized by this act, shall be hereafter appointed or employed upon any business relating to the customs revenue. APPROVED, May 12, 1870. their government. Proviso. Present num ber to be re- CHAP. CVI. - An Act for the Relief of the Widows and Orphans of the Officers, Sea- May 18, 1870. men, and Marines of the United States Vessel of War Oneida, and for other Purposes. Widows, children, &c. of officers, seamen, or marines lost in the U. S. ship Oneida, to receive twelve months' additional sea pay, &c.; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the widow or child or children, and in case there be no widow or child or children, then the parent or parents, and if there be no parents, the brothers and sisters of the officers, seamen, marines, and others in service who were lost in the United States vessel of war Oneida, on the twenty-fourth day of January, eighteen hundred and seventy, shall be entitled to and receive, out of any money in the treasury not otherwise appropriated, a sum equal to twelve months' sea pay of their respective deceased relations aforesaid, in addition to the pay due to the said deceased at the date of the loss of said vessel, and the proper accounting officers of the Treasury Department how to be are hereby authorized to compute said pay up to and including the said computed. twenty-fourth day of January, eighteen hundred and seventy, the day upon which said vessel was sunk in Yokohama bay, Japan; and the said accounting officers are hereby authorized, in adjusting the accounts of such of the officers who were lost on board the Oneida as were entitled by law or regulation to examination for promotion, to allow them the increased promotion. pay from the date they became entitled to examination, and the Secretary of the Navy is authorized to issue the commissions of those who were confirmed by the Senate. Pay of officers entitled to examination for SEC. 2. And be it further enacted, That the proper accounting officers Accounts to be of the treasury be, and they are hereby, authorized and directed to settle justly and equitably settled. upon the principles of justice and equity the accounts of the officers, sailors, marines, and others, including captain's clerk, on board the said vessel of war Oneida, and to assume the last quarterly return of the paymaster of Accounts of paymaster Thomas L. Tul to be settled. said vessel as the basis of computation of the subsequent credits to those on board to the date of such loss, if there be no official evidence to the contrary. SEC. 3. And be it further enacted, That the proper accounting officers of the Treasury Department be, and are hereby, authorized and directed lock, junior, how to settle the accounts of Thomas L. Tullock, junior, late paymaster in the navy, who was lost in the said vessel of war Oneida, with all his accounts and vouchers, for expenditures and payments made by him, and with all the money, stores, and supplies, procured for the use of said vessel, and to allow him a credit for whatever sum appears to be due from him on the books of the department. APPROVED, May 18, 1870. CHAP. CVIII. - · An Act to incorporate the Washington Market Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Thomas Berry, D. W. Bliss, Henry D. Cooke, William B. Todd, Peter Gardner, Henry S. Davis, George W. Riggs, Byron G. Daniels, M. G. Emery, Frederick P. Stanton, Thomas C. Connolly, S. P. Brown, John S. Crocker, Alexander R. Shepherd, William Clark, Hallett Kilbourn, John R. Elvans, B. F. French, C. H. Michner, James L. Barbour, I. T. Mitchell, T. T. Fowler, T. H. Alexander, J. W. Angus, W. W. Rapley, and Thomas Lewis, their successors, and each of their assigns, be, and they are hereby, created a body corporate and politic, by the name and style of the Washington Market Company, and by that name shall have perpetual succession, and shall be able to sue and be sued, to plead and be impleaded, to defend and be defended, in all courts of law and equity; and may make and use a common seal, ordain and establish such by-laws, ordinances, and regulations, not inconsistent with this act or of the laws of the United States, as may be necessary and proper for the management of the concerns of said company. Said company shall have power to issue and sell bonds, or to borrow money and execute mortgages and deeds of trust upon its property and franchise. SEC. 2. And be it further enacted, That said company is hereby authorized and empowered to locate and construct a suitable building or buildings upon the following described grounds, namely: commencing at the intersection of the centre line of B Street north, with the west line of Seventh Street west, running thence north along the west side of Seventh Street to the southerly side of Pennsylvania Avenue; thence westerly along the southerly side of Pennsylvania Avenue to the southerly side of Louisiana Avenue; thence westerly along the southerly side of Louisiana Avenue to the east side of Ninth Street west; thence along the east line of Ninth Street to the centre line of B Street; thence along the centre line of B Street to the place of beginning; and to use and occupy the same by the erection of a suitable building or buildings for a public market-house, including the necessary stalls and sheds, and also for stores, public halls, and such other purposes as may be determined by said company, not inconsistent with its use as a public market. The buildings herein designated to be used for the purposes of a market shall be used for no other purpose inconsistent therewith, but the same shall remain a public market as hereinbefore described. And the said company shall, whenever any part or parts of said buildings, stalls, stands, and so forth, for market purposes are ready for use or occupancy, offer the same for sale at public auction for one or more years, to the highest bidder or bidders, subject to the payment of an annual rent, the amount of which to be fixed by the mayor and common council of the city of Washington and the directors of this incorporation, and public notice shall be given of the day of said sale in two or more daily newspapers published in the city Minimum rate of bids. of Washington, for two weeks previous to said sale, and by handbills to be posted up in said market grounds, ten days previous thereto; and all subsequent sales and leases thereof shall be made on similar notice and in the same manner; and the said company shall have full power to assess and collect rents for the use of said buildings, stands, stalls, and grounds aforesaid. The stalls, stands, and privileges of all kinds in said. To be let to market to be used for market purposes, when offered at public sale, shall highest bidder. be let to the highest bidder, and there shall be no bidding on the part of said company, directly or indirectly; but said company with the consent of the mayor and aldermen of the city of Washington, may fix a minimum rate of bids at such sale; and the person who shall offer the highest price at or beyond such minimum for any such stand, stall, or privilege, shall be entitled to the occupation thereof, and shall be considered as having the good-will and the right to retain the possession thereof so long as he chooses to occupy the same for his own business and pay the rent therefor; and the rent shall only be raised on application to the mayor and common council, who, after hearing the parties, may change and determine the same: Provided, however, That such right to the possession of such stands or stalls may be sold and transferred by such stands, &c. may purchaser, under regulations to be fixed by the by-laws of said company, and in the case of the death of any such purchaser during the existence of his lease, it shall be disposed of as other personal property; and the municipal government of said city shall at all times have power to make and enforce such regulations with regard to said market and the management thereof as in their judgment the convenience, health, and safety of the community may require. SEC. 3. And be it further enacted, That the capital stock of said company shall be one million of dollars, and shall consist of twenty thousand shares of fifty dollars each. The stock may be subscribed for upon the books of the company, which shall be open at the Department of the Interior, in the city of Washington, on the second Monday following the final passage of this act, at twelve o'clock, noon; said books to be kept open until the whole amount of said stock shall be subscribed, or so much thereof, not less than fifty per centum of the whole amount, as a majority of said corporators shall deem sufficient to authorize he said company to commence work. A cash payment of ten per centum shall be paid at the time of subscription to said stock to the person or persons authorized to receive the same by the said corporators. After the books, as aforesaid, shall have been kept open for the space of two days, if a larger amount than the capital stock of said company shall have been subscribed, the books shall be closed, and the said corporators shall forthwith apportion said capital stock among the subscribers in such manner that citizens of the city of Washington shall have the full amount individually subscribed for, so far as may be practicable; and any deductions necessary in consequence of any excess of subscription shall be made from subscriptions of the largest amount, so that no bona fide subscription shall be diminished while any larger subscription shall be maintained. That as soon as the stock is subscribed and apportioned as above mentioned and the payment made as aforesaid, the said corporators, or a majority of them, shall call a meeting of the stockholders at some place in Washington city, District of Columbia, by advertisement in one or more of the daily newspapers in said city ten days previous thereto, and the stockholders, in person or by proxy, shall proceed to the election from among the stockholders, by ballot, of thirteen directors for conducting and managing the business of said company, for the term of one year from the time of their election, or until the first Monday of January next ensuing their election, if that should happen to be less than one year from the election; that said directors, when elected, shall immediately appoint one of their number to be Rent. Right to be sold. Market regu lations. Capital stock; how appor tioned. Meeting of stockholders Directors. treasurer. President and president of the board of directors, and also appoint a treasurer of said company. In the absence of the president, a majority of said directors may appoint a president pro tempore; and a majority of said directors shall constitute a quorum for the transaction of business. Quorum. SEC. 4. And be it further enacted, That said directors may fill any vacancy which may happen in their own body during the time for which they are elected, and in case of the death, resignation, or disqualification of the president or treasurer, to fill the vacancy, to serve for the residue Annual meet of the term; and the stockholders, on the first Monday of January in ing. each and every year thereafter, shall elect by ballot, at the office of the said company, a new board of thirteen directors from among the stockholders, from whom a president and treasurer shall be appointed as above mentioned, to hold their offices for one year from the time of their election, and until their successors are elected and qualified. Each stockholder shall be entitled to one vote for every share of stock held by him or her at the time, which may be given by the stockholder, or by proxy, at any general or special election, of which general or special election notice shall be given by advertisements in one or more of the daily newspapers in said city ten days previous thereto. Who may vote, &c. Proxies. Plans for buildings. Schedule annexed made part of act. Post, p. 128. Bond of treasurer. Salaries. Shares to be personal property, may be taken in execution. Payment of stock. SEC. 5. And be it further enacted, That the plans submitted by the incorporators, as set forth in the schedule annexed to this act, and which schedule is made part of this act, and as set forth in the drawings referred to in said schedule, shall be adopted for such new buildings and market square. There shall be one or more entrances to said market grounds between Seventh and Ninth streets, on Pennsylvania Avenue or Louisiana Avenue, of suitable width and height, for the accommodation of pedestrians. SEC. 6. And be it further enacted, That the treasurer of said company shall, before he acts as such, give a bond to the company, in such penalty and with such security as the president and directors shall require, conditional for the faithful discharge of the duties and trusts committed to him. All salaries shall be fixed by the president and directors. SEC. 7. And be it further enacted, That the shares in said company shall be deemed personal and not real estate, and shall be transferable in such manner as the by-laws of the company shall prescribe; and the shares held by any individual shall be liable to be attached or taken in execution to satisfy the debts due from any such stockholder in like manner as other personal property may be. SEC. 8. And be it further enacted, That the said president and direc[t]ors subscriptions to of said company shall have power to demand and receive of the stockholders the remaining nine tenths of said stock from time to time as they shall deem necessary: Provided, That such calls shall not exceed the rate of fifteen per centum thereof per month; and if any stockholder shall neglect or refuse to pay the amount due and demanded, within thirty days after said demand, the said shares may be forfeited, or not, by said directors at their option. Forfeiture. Contract for buildings, &c. Superintendent, &c. Buildings and fixtures upon grounds to be paid for, &c. SEC. 9. And be it further enacted, That the said president and directors shall have power to contract with any person or persons for the necessary work on the grounds, and for the construction of buildings, stands, stalls, and all necessary fixtures; to appoint a general superintendent and other laborers, and to affix the amount of compensation for labor, as well as for all materials furnished said company, and to do all acts which by this act and the by-laws of said company they may be authorized to do. SEC. 10. And be it further enacted, That the said company is hereby required to purchase and pay for all buildings and fixtures which may be upon the above-mentioned ground belonging to individuals, within a reasonable time after the passage of this act, the price of which shall be agreed upon by the president and directors of said company and the Price, how to owners (should they demand any pay therefor) of the aforesaid buildings and fixtures; and whenever the president and directors and the owners of said property cannot agree as to the price of said buildings or fix- be determined. tures, then in such case the company shall select one competent person, and the owner shall select one competent person, and they, the two, shall choose a third one, who shall proceed to value the buildings and fixtures, and a decision of a majority of the three shall be final as to the value of said property, and the amount so agreed upon shall be paid to the owner thereof before the same is removed from the grounds aforesaid. That in case the owner of said property will neither sell said property nor choose an arbitrator, as aforesaid, to value said property, after ten days' notice so to do, then, in such case, the said company may proceed to remove the same to some place off said grounds without being liable to an action for damages. Work to be SEC. 11. And be it further enacted, That the said company shall, within sixty days from the time it gets quiet and peaceable possession of the commenced in sixty days after, real estate mentioned in this act, commence work thereon, and so prose- &c. cute the same that buildings for stores, halls, market grounds, stands, stalls, and other purposes, and all market buildings, shall be fully completed within two years or less from the commencement thereof; or in case said company shall not commence said buildings within the time aforesaid, or, having commenced, shall fail to complete the same within the time aforesaid, or, having completed the same, shall permit the same to get out of repair or become dilapidated, and should the said company fail to comply with any of the conditions of this act for the space of six consecutive months, the franchise hereby granted to said company shall be forfeited, and the rights and privileges hereby granted shall revert to the United States. Franchise to last ninety-nine years, unless, SEC. 12. And be it further enacted, That the privileges conferred by this act shall be enjoyed by said company for the term of ninety-nine years, unless sooner terminated for a non-compliance or abuse of the &c. conditions herein imposed upon said company, which may be done by. suit in the name of the United States, to recover possession of said property. At the end of said period of ninety-nine years, the said lands, with all the erections and improvements thereon, shall revert to the United States, unless Congress shall by law extend the period of occupation thereof by said company: Provided, That if the corporation of Proviso. the city of Washington shall, after a period of thirty years from the approval of this act, by a vote of the councils thereof express a desire to possess itself of the said market buildings and grounds, Congress may authorize the corporate authorities to take possession of the same upon payment to the said Market House Company of a sum of money equal to a fair and just valuation of the buildings and improvements then standing on said grounds, and the mode and manner of ascertaining such valuation shall be determined by Congress. Real estate vested in corpo ration. Taxes. SEC. 13. And be it further enacted, That the real estate herein described is hereby vested in the said corporation for and during the said term of ninety-nine years, or until a forfeiture of its rights and privileges by a breach of the conditions herein imposed on said company, and said estate shall be taken and considered as a determinable fee. The real and personal property of said corporation shall be subject to assessment and taxation for all District and municipal purposes, in the same manner and to the same extent that like property in the city of Washington owned and possessed by individuals is liable to assessment and taxation. SEC. 14. And be it further enacted, That in consideration of the privi- Corporation to leges granted by this act to the Washington Market Company, the said pay city of Washington company shall pay, yearly, every year during the said term of ninety- $ 25,000 a year; nine years, unto the city of Washington, the sum of twenty-five thousand dollars; which sum shall be received by said city, and set apart and |