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Vice-consuls act

SEC. 6. (4) That any vice-consul who may be temporarily acting as ing as consuls to consul during the absence of such consul may receive compensation, receive compensa- notwithstanding that he is not a citizen of the United States. tion though aliens. R. S.,

1744.

1703,

[June 11, 1874.]

* *

NOTE. (4) The provision of this section seems to have reference to that part of section 21 of the act of 1856, ch. 127 (11 Stat. L., 60), which provided that compensation to officers mentioned in Schedules B and C should not apply to the payment of any such officer who shall not be a citizen of the United States, but which was omitted from the Revised Statutes as the section was incorporated therein in section 1744.

June 16, 1874.

18 Stat. L.,

72.

Claims for stores

CHAP. 285.—An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes. SEC. 2. * * And the Quartermaster General, Commissary Genfurnished Army eral, and Third Auditor of the Treasury shall continue to receive, by loyal citizens during rebellion, examine, and consider the justice and validity of such claims as shall how considered. be brought before them under the act of July fourth, eighteen hun1864, July 4, ch. dred and sixty-four, and the acts amendatory thereof; and the Secre240, (13 Stat. L., tary of the Treasury shall make report of each claim allowed by Res. No. 50; July them, at the commencement of each session of Congress, to the 28, Res. No. 99 Speaker of the House of Representatives, who shall lay the same 1867, ch. 57 (14 before Congress for consideration. [June 16, 1874.] Stat. L., 397). 1869, Dec. 23, Res. No. 5. 1871, March 3, Res. No. 50, (16 Stat. L., 369, 600). 1871, April 20, ch. 21, § 27, (17 Stat. L., 12). R. S., 2d Ed., §§ 300 A, 300 B. 1878, April 30, ch. 77, post, p. 159. 1879, March 3, ch. 287, §§ 2, 3, (20 Stat. L., 50). 1880, June 15, ch. 230, (21 Stat. L., 586). 15 C. Cls., 453.

381). 1866, June 18,

June 16, 1874.
18 Stat. L., 75.
Circuit and dis-

CHAP. 286.-An act to change the time for holding the circuit and district courts of the
United States for the eastern district of Wisconsin at Oshkosh,

Be it enacted, &c., That the time of holding the circuit and district trict courts of courts of the United States for the eastern district of Wisconsin, at eastern district of Wisconsin to be Oshkosh, be on the second Tuesday of July of each year, instead of held at Oshkosh the first Monday of July, as now provided by law; on second Tues- omitted relate to pending cases.]

day of July.

R. S.,S$ 572, 658.

* * [Words

-without inter- SEC. 2 That this act shall not interfere with the terms of said fering with right courts appointed to be holden at Milwaukee, in said district, nor with to hold special terms. the power now possessed by the judges of said courts to order special terms of the same as now provided by law. [June 16, 1874.]

June 17, 1874.

18 Stat. L., 77.

Diplomatic, &c.,

ten days at a time

CHAP. 294.-An act relating to ambassadors, consuls and other officers.

Be it enacted, &c., That no Ambassador, Envoy Extraordinary, officers not to be Minister Plenipotentiary, Minister Resident, Commissioner to any absent more than foreign country, chargé d'affaires, Secretary of Legation, Assistant without leave, &c. Secretary of Legation, Interpreter to any legation in any foreign R. S., § 1741, country, Consul General, Consul, Commercial Agent, consular pupils, or consular agent shall be absent from his post or the performance of his duties for a longer period than ten days at any one time, without the permission previously obtained of the President. And no compensation shall be allowed for the time of any such absence in any case except in cases of sickness;

1742.

14 Opins., 534. 150, par. 3, post, p.

1885, Feb. 25, ch.

479.

-not to corre

Nor shall any diplomatic or consular officer correspond in regard spond with private to the public affairs of any foreign government with any private parties on public affairs; person, newspaper, or other periodical, or otherwise than with the proper officers of the United States;

R. S. § 1751.

Nor without the consent of the Secretary of State previously ob- nor recommend tained, recommend any person at home or abroad for any employment of trust or profit under the Government of the country in which he is located;

Nor ask or accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind from any such government. [June 17, 1874.]

persons for em-
ployment:
R. S. § 1751.

-nor accept presents for themselves or others.

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R. S., § 1751.

CHAP. 298.-An act to increase the pensions of soldiers and sailors who have been totally disabled.

June 18, 1874.

18 Stat. L., 78. Pension of $50

4698.

Be it enacted, &c., That section four (1) of the act entitled "An act to revise, consolidate, and amend the laws relating to pensions," and per month allowed to persons permaapproved March third, eighteen hundred and seventy-three, be so nently and totally amended that all persons who, while in the military or naval service disabled in miliof the United States, and in the line of duty, shall have been so per- tary or naval servmanently and totally disabled as to require the regular personal aid ice. and attendance of another person, by the loss of the sight of both R. S., SS 4697, eyes, or by the loss of the sight of one eye, the sight of the other hav- 1878, June 17, ing been previously lost, or by the loss of both hands, (2) or by the loss ch.261, post, p. 188. of both feet, or by any other injury resulting in total and permanent helplessness, shall be entitled to a pension of fifty dollars (3) per month; ch. 236, post, p. and this shall be in lieu of a pension of thirty-one dollars and twentyfive cents per month granted to such person by said section: Provided, That the increase of pension shall not be granted by reason of any of the injuries herein specified unless the same have resulted in permanent total helplessness requiring the regular personal aid and attendance of another person.

SEC. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. [June 18, 1874.]

NOTES. (1) Section four, here referred to, of the act of 1873, ch. 234 (17 Stat. L., 569), is incorporated into the Revised Statutes in the sections noted in the margin.

(2) For loss of both hands, increased to $100 by 1889, Feb. 12, ch. 132, post, p. 642. For loss of one hand and one foot, see 1877, Feb. 28, ch. 73, post, p. 131, amending R. S., 4698. See also 1883, March 3, ch. 91, post, p. 399, and 1886, Aug. 4, ch. 899, post, p.511.

(3) Increased to $72 by the acts noted in the margin.

1880, June 16,

299.

1890, March 4, ch. 25, post, p. 707. 107 U. S., 67. 128 U. S., 42. Pensions of $50

&c.: only in case of permanent total helplessness, &c.

When act takes effect.

CHAP. 301.—An act to amend the law relating to patents, trade marks, and copyrights.

June 18, 1874.

18 Stat. L.. 78. Copyrighted

infringement.

Be it enacted, &c., That no person shall maintain an action for the books to have cerinfringement of his copyright unless he shall give notice thereof by tain notice thereof inserting in the several copies of every edition published, on the printed on each title page or the page immediately following, if it be a book; or if a book, or no action map, chart, musical composition, print, cut, engraving, photograph, maintainable for painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz: "Entered according to act of Congress, in the year by A. B., in the office of the Librarian of Congress, at Washington;" or, at his option the word “ Copyright,' together with the year the copyright was entered, and the name of the party by whom it was taken out; thus-"Copyright, 18—, by A. B."

SEC. 2. That for recording and certifying any instrument of writing for the assignment of a copyright, the Librarian of Congress shall receive from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover, in either case, a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States.

R. S., § 4962. 1882, August 1, ch. 366, post, p.

363.

1891, March 3, ch. 565, post,p. 951.

111 U. S. 53.
128 U. S. 657.
14 Blatch., 264.
2 Fed. Rep., 222.
29 Fed. Rep. 15.
30 Fed. Rep. 627.
Fee for record-

ing

assignment or

for copy.

R. S., § 4958. 1891, March 3, ch. 565, §4, post, p.

Engravings, SEC. 3. That in the construction of this act, the words "Engravetc., which may be ing," "cut" and "print" shall be applied only to pictorial illustracopyrighted. tions or works connected with the fine arts,

R. S., §§ 4952,

4962.
-others may be
registered in Pat-

ent Office, etc.
R. S., §4929.

25 Fed. Rep. 466. 35 Fed. Rep. 211.

Repeal.

When act takes effect.

And no prints or labels designed to be used for any other article of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints, except that there shall be paid for recording the title of any print or label not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioner of Patents, to the party entering the same.

SEC. 4. That all laws and parts of laws inconsistent with the foregoing provisions be and the same are hereby repealed.

SEC. 5. That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four. [June 18, 1874.]

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Patents for

CHAP. 305.—An act to authorize the issuance of patents for lands granted to the State of
Oregon in certain cases.

Whereas certain lands have heretofore, by acts of Congress, been granted to the State of Oregon to aid in the construction of certain military wagon-roads in said State, and there exists no law providing for the issuing of formal patents for said lands: Therefore,

Be it enacted, &c., That in all cases when the roads in aid of the lands granted for construction of which said lands were granted are shown by the cerconstruction of tificate of the governor of the State of Oregon, as in said acts prowagon roads in vided, to have been constructed and completed, patents for said lands sued when they shall issue in due form to the State of Oregon as fast as the same shall, under said grants, be selected and certified, unless the State of Oregon shall by public act have transferred its interests in said lands to any corporation or corporations, in which case the patents shall issue from the General Land Office to such corporation or corporations upon their payment of the necessary expenses thereof:

are completed. 1866, ch. 167 (14 Stat. L., 86).

1866, ch. 174 (14 Stat. L., 89).

1867, ch. 77 (14 Stat. L., 409). 1869, ch. 150 (15 Stat. L., 340).
1889, Mar. 2, ch. 377 (25 Stat. L., 850). 5 Fed. R., 328; 29 Fed. R., 832.

-without creat

Provided, That this shall not be construed to revive any land grant ing new rights, already expired nor to create any new rights of any kind except to provide for issuing patents for lands to which the State is already entitled. [June 18, 1874.]

&c.

June 20, 1874.

18 Stat. L., 85.

Sergeant-at

receive no fees.

CHAP. 328.-An act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes.

*

Be it enacted, &c., *

* [Par. 1.] Senate * Sergeant-atArms of Senate to Arms and Door-keeper, four thousand three hundred and twenty dollars: Provided, That hereafter he shall receive, directly or indirectly, no fees or other compensation or emolument whatever for performing the duties of the office, or in connection therewith, otherwise than as aforesaid. (1)

R. S., § 52.

Sergeant-at-
Arms of House to

receive no fees.
R. S., § 53.
1890, Oct. 1, ch.
1256, post, p. 876.

* *

[Par. 2.] House of Representatives * *Sergeant-at-Arms, four thousand three hundred and twenty dollars; Provided, That hereafter he shall receive, directly or indirectly, no fees or other compensation or emolument whatever for performing the duties of the office, or in connection therewith, otherwise than as aforesaid. (1)

*

NOTES. (1) These provisions are the same in Revised Statutes, §§ 52, 53, and are repeated here and im subsequent appropriation acts (18 Stat. L., 346).

* *

Third Assistant

[Par. 3.] For compensation of two Assistant Secretaries of State, at three thousand five hundred dollars each; and one addi- Secretary of State tional Assistant Secretary of State, with like compensation, to be R. S., § 200. appointed by the President, by and with the advice and consent of the Senate, to be known as the Third Assistant Secretary of State:

* *

[Par. 4. That from and after the first day of July next a fee of five dollars (2) shall be collected for each citizen's passport issued from the Department. An account of these fees shall be kept, and the amount collected shall be paid into the Treasury of the United States at least quarterly.

necessary.

* *
"

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Secretary of

scribe duties of

Provided, That the Secretary of State may prescribe duties for the Assistant Secretaries, the Solicitor, not interfering with his duties as State may prean officer of the Department of Justice, and the clerks of Bureaus, as certain officers well as for all the other employees in the Department, and may make and employés, changes and transfers therein when, in his judgment, it be omes make changes, &c. R.S., SS 200,202. [Par. 5.] For compensation to designated depositaries at Buffalo, Compensation New York; Louisville, Kentucky; and Pittsburgh, Pennsylvania, of certain desigfor receiving, safely keeping, and paying out public money, Provided, That no compensation shall be allowed for the above limited. services when the emoluments of the office of which said desigR. S., SS 3655, nated depositary is in commission amounts to the maximum com- 1876, Aug. 15, ch. pensation fixed by law; nor shall the amount allowed to any of said 287, par. 9, post, designated depositaries for such services, when added to the emolu- p. ments of the office of which he is in commission, be more than sufficient to make the maximum compensation fixed by law:

* *

nated depositaries

3656.

120.

8 C. Cls., 235. 10 C. Cls., 229.

And provided further, That the whole allowance to any desig- -further limited. nated depositary for such service shall not exceed one thousand five hundred dollars per annum. (3) * *

[Par. 6.] And hereafter all salaries under the Director of the Mint at Washington and at the various mints shall be at the rates appropropriated for in this act. (4)

* **

[Par. 7.] To reopen the branch mint at New Orleans to be conducted hereafter as a mint, subject to the provisions and restrictions of the coinage act of eighteen hundred seventy-three (5)

* *

* *

R. S., $3495, par. 3. 1876, Aug. 15, ch. 287, par. [Par. 8.] And hereafter it shall be the duty of the secretary of each Territory to furnish estimates in detail for the lawful expenses thereof, to be presented to the Secretary of the Treasury on or before the first day of October of every year. [Par. 9.] Hereafter it shall be unlawful to allow or pay to any of the persons designated in this act any additional compensation from any source whatever, or to retain, detail, or employ in any branch of the War Department in the city of Washington any per

NOTES.--(2) Reduced to one dollar by 1888, March 23, ch. 34, post, p. 582. (3) This limitation is repeated in 1875, ch. 129 (18 Stat. L., 355).

(4) The rates here appropriated for may be found in 18 Stat. L., 96-98, but are here omitted, because practically superseded by subsequent acts, which annually fix varying salaries for these offices, with the provision that they shall be in full compensation for the service of the fiscal year." See appropriation acts for 1891-92 (26 Stat. L., 908, 923, 927-929); also, 109 U. S., 143.

(5) The act of 1873, ch. 131, (17 Stat. L., 435), here referred to, is incorporated into the Revised Statutes, §§ 3495-3562.

Salaries at mints

and Mint Bureau R. S., § 345.

Mint at New Or

leans to be
opened.
11, post, p. 120.
Territorial sec-
retaries to furnish
annual estimates.
R. S., § 1844.

Additional com

pensation and emited, except, &c. ployment prohib

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1765.

R. S., SS 1763, sons other than those herein authorized (6) except in the Signal-Offices and the Engineer Corps, and except such commissioned officers al the Secretary of War may, from time to time, assign to specia duties: *

Attorney-General to report con

tingent expenses.

R. S., SS 193,384. 1879, June 30, ch. Clerks of courts,

trict attorneys to

*

[Par. 10.] And the Attorney-General shall hereafter annually report to Congress, in detail, the items, amounts, and causes of expenditure of the contingent expenses of this Department. 52, § 3, post, p. 270.

*

*

SEC. 2. That every clerk of the circuit or district court of the marshals, and dis- United States, United States marshal, or United States district reside in their dis- attorney, shall reside permanently in the district where his official duties are to be performed, and shall give his personal attention thereto; and in case any such officer shall remove from his district, or shall fail to give personal attention to the duties of his office, except in case of sickness, such office shall be deemed vacant:

tricts, &c.
R. S., §§ 619,767,

776.

-exception as to

Provided, That in the southern district of New York said officers. southern district may reside within twenty miles of their districts.

of New York.

Civil officers to SEC. 3. That no civil officer of the Government shall hereafter rereceive no extra ceive any compensation or perquisites, directly or indirectly, from compensation, ex- the treasury or property of the United States beyond his salary or cept, &c. R. S., §§ 843, compensation allowed by law:

1762-1765.

1889, Mar. 2, ch.

411, par. 1, post,

p. 698.

15 C. Cls., 22.

16 C. Cls., 88, 102; Permanent ap

penses of national securities, &c., re

pealed.

725.

Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered by their salaries or fees.

26 C. Cls., Smith's case.

SEC. 4. That the act entitled "An act limiting the appropriation propriation for ex- of certain moneys for the preparation, issue, and reissue of certain securities of the United States, and for other purposes," approved May twenty-third, eighteen hundred and seventy-two, (7) and all R. S., § 3689, p. other acts and parts of acts making permanent appropriations for the expenses of the national loan, except the second section of the act approved July fourteenth, eighteen hundred and seventy, entitled "An act to authorize the refunding of the national debt," are hereby repealed, this repeal to take place on the first day of July next; -Secretary of And hereafter the Secretary of the Treasury shall annually submit Treasury to sub- to Congress detailed estimates of appropriations required for said

mit annual esti

mate.

R. S., 3669.

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Unexpended ap- SEC. 5. That from and after the first day of July, eighteen hunpropriations after dred and seventy-four, and of each year thereafter, the Secretary of two years to be the Treasury shall cause all unexpended balances of appropriations covered into which shall have remained upon the books of the Treasury for two R. S., § 3689. fiscal years to be carried to the surplus fund and covered into the 1882, Aug. 5, ch. Treasury:

Treasury.

389, § 5, post, p. 375.

Exceptions.
R. S., § 3691.

15 Opins., 357.
16 C. Cls., 562.

Provided, That this provision shall not apply to permanent specific appropriations, appropriations for rivers and harbors, light-houses, fortifications, public buildings, or the pay of the navy and marine corps; but the appropriations named in this proviso shall continue available until otherwise ordered by Congress. * [June 20, 1874.]

*

NOTES.-(6) This act appropriated for pay of clerks in the different bureaus of the War Department. but as the numbers vary in the annual appropriation acts since made, the numbers and salaries fixed by the provisions of this act may be regarded as superseded by 1882, Aug. 5, ch. 389, § 4, post, pp. 374, 375, which limits the clerkships, etc., in the Departments at Washington to those annually appropriated for. See 1886, July 29, ch. 810, post, p. 502, and 24 C. Cls., 517.

(7) The provision of the act of 1872, ch. 197 (17 Stat. L., 166), here referred to, and repealed, is incorporated into Revised Statutes, § 3689 (second edition, page 725), under heading "Expenses of national loan."

The provision of the second section of the act of 1870, ch. 256 (16 Stat. L. 272) here referred to as unrepealed, is incorporated into Revised Statutes, § 3689 (2d edition, p. 725), under heading "Refunding the national debt."

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