Recorder to note And the recorder of deeds shall note on each deed or other instruon deeds, &c., day ment of writing required by law to be recorded, the day and hour of delivery of the same to him to be recorded. and hour of deliv ery. Deeds already recorded not affected. SEC. 2. That this act shall not be so construed as to affect any deed or other instrument of writing heretofore recorded. [April 29, 1878.] CHAPTER 74. April 30, 1878. 20 Stat. L., 40. Passports for colored citizens going AN ACT AUTHORIZING THE ISSUE OF PASSPORTS FREE TO COLORED CITIZENS GOING Passports for colored citizens going to Brazil for certain purposes to be issued free of charge. Be it enacted, &c., That the Secretary of State be, and he is hereby directed to issue passports, free of charges and fees therefor, to any to Brazil for certain purposes to be colored citizens of the United States who may wish to go to Brazil to issued free of engage in work upon the Madera and Mamore Railway, and to that charge. extent the provisions of section four thousand and seventy-five of the Revised Statutes are suspended. [April 30, 1878.] R. S., § 4075. 328, par. 7. CHAPTER 76. AN ACT AUTHORIZING THE SECRETARY OF THE TREASURY TO EMPLOY TEMPORARY April 30, 1878. 20 Stat. L., 46. SECTION 2. Collections for SECTION 2. Par. 1. Collections for depredations on lands to be Par. 2. Timber cut on public lands exported from Be it enacted, &c. * SEC. 2. [Par. 1.] Provided, That all moneys heretofore, and that shall heredepredations on atter be, collected for depredations upon the public lands shall be covlands to be covered into the Treasury of the United States as other moneys received ered into Treasury from the sale of public lands: R. S., § 2461, 4751. 1878, June 3, ch. 150, § 1. 1878, June 3, ch. 151, §§ 4, 5. Timber cut on [Par. 2.] And provided, further, That if any timber cut on the public public lands ex- lands shall be exported from the Territories of the United States, it tories liable to seiz- shall be liable to seizure by United States authority wherever found. April 30, 1878. 20 Stat. L., 524. Certain claims AN ACT FOR THE ALLOWANCE OF CERTAIN CLAIMS REPORTED BY THE ACCOUNTING Certain claims not to be allowed where more is fraudulently claimed than is justly due. SEC. 2. No claim shall hereafter be allowed by the accounting-officers, not to be allowed under the provisions of the act of congress, approved June sixteenth, where more is eighteen hundred and seventy-four, or by the Court of Claims, or by fraudulently claimed than is Congress, to any person, where such claimant, or those under whom he justly due. claims, shall willfully, knowingly, and with intent to defraud the United States, have claimed more than was justly due in respect of such claim, or presented any false evidence to Congress, or to any department or court, in support thereof. [April 30, 1878.] CHAPTER 78. AN ACT TO PROVIDE FOR THE ADMINISTRATION OF THE OATH OF OFFICE TO COL- Alaska; oaths of customs officers in; before whom may be taken. May 2, 1878. 20 Stat. L., 47. Be it enacted, &c., That until the formal organization of the Territory Alaska; oath of of Alaska, the oath of office required by law to be taken by a collector customs officers in; or other officer of the customs in Alaska may be taken before the judge be taken. before whom may of any circuit or district court of the United States. [May 2, 1878.] R. S., § 2591, 2592, 2617, 2618. CHAPTER 79. AN ACT TO PROHIBIT THE COINAGE OF THE TWENTY CENT PIECE OF SILVER. May 2, 1878. 20 Stat. L., 47. Coinage of twen Be it enacted, &c., That from, and after the passage of this act, the coinage of the twenty cent piece of silver, by the Government of the ty-cent piece proUnited States be, and the same is hereby prohibited. And all laws in conflict with this act are hereby repealed. [May 2, 1878.] hibited. R. S., § 3513. 1875, ch. 143. CHAPTER 88. AN ACT TO EXTEND THE PROVISIONS OF SECTION THIRTY-TWO HUNDRED AND NINETY- May 3, 1878. 20 Stat. L., 48. Alcohol in bond porated. Be it enacted, &c., That the Secretary of the Treasury, be and is hereby authorized to grant permits, as provided for in section thirty-two hun- may be withdrawn for scientific purdred and ninety-seven of the Revised Statutes of the United States poses without paypassed at the first session of the Forty-third Congress, to any scientific ment of tax by ceruniversity, or college of learning created and constituted such by any tain institutions, State or Territory under its laws, though not incorporated or chartered, though not incorupon the same terms and subject to the same restrictions and penalties, already provided by said section thirty-two hundred and ninety-seven: Provided further, That the bond required thereby may be executed by Bond; how any officer of such university or college, or by any other person for it, and on its behalf, with two good and sufficient sureties, upon like conditions, and to be approved as by said section is provided. [May 3, 1878.] R. S., § 3297. signed. CHAPTER 91. AN ACT MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE YEAR ENDING May 4, 1878. 20 Stat. L., 50, 51. Secretaries or [Par. 1.] That on and after the first day of July, eighteen hundred and seventy-eight, there shall be no appointments made from civil life clerks to Admiral, of secretaries or clerks to the Admiral, or Vice-Admiral, when on sea service, commanders of squadrons, or of clerks to commanders of vessels; vessels, &c., not to Vice-Admiral, and commanders of be appointed from civil life; how detailed from Navy. R. S., § 1556, 2d ed., p. 267. Charts furnished And an officer not above the grade of lieutenant shall be detailed to perform the duties of secretary to the Admiral or Vice-Admiral, when on sea service, and one not above the grade of master to perform the duties of clerk to a rear-admiral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant-commander when afloat: Provided, That the secretaries and clerks in service on the first day of July, eighteen hundred and seventy-eight, on vessels abroad, shall continue as such until such vessel shall return to the United States on the termination of its cruise. * [Par. 2.] That all charts hereafter furnished to mariners or others not persons not in gov- in the government service shall be paid for at the cost price of paper be paid for at cost. and printing paid by the government. ernment service to CHAPTER 96. AN ACT TO ALTER AND AMEND THE ACT ENTITLED "AN ACT TO AID IN THE CON- Whereas, on the first day of July, anno Domini eighteen hundred and sixty-two, Congress passed an act entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes"; and Whereas afterward, on the second day of July, anno Domini eighteen hundred and sixty four, Congress passed an act in amendment of said firstmentioned act; and Whereas the Union Pacific Railroad Company, named in said acts, and under the authority thereof, undertook to construct a railway, after the passage thereof, over some part of the line mentioned in said acts; and Whereas, under the authority of the said two acts, the Central Pacific Railroad Company of California, a corporation existing under the laws of the State of California, undertook to construct a railway, after the passage of said acts, over some part of the line mentioned in said acts; and Whereas the United States, upon demand of said Central Pacific Railroad Company, have heretofore issued, by way of loan and as provided in said acts, to and for the benefit of said company, in aid of the purposes named in said acts, the bonds of the United States, payable in thirty years from the date thereof, with interest at six per centum per annum, payable half yearly, to the amount of twenty-five million eight hundred and eightyfive thousand one hundred and twenty dollars, which said bonds have been sold in the market or otherwise disposed of by said company; and Preamble 1865, ch. 88 (13 Whereas the said Central Pacific Company has issued and disposed of Pacific Railan amount of its own bonds equal to the amount so issued by the United ways. States, and secured the same by mortgage, and which are, if lawfully issued and disposed of, a prior and paramount licn, in the respect mentioned in said acts, to that of the United States, as stated, and secured thereby; and Whereas, after the passage of said acts, the Western Pacific Railroad Company, a corporation then existing under the laws of California, did, under the authority of Congress, become the assignee of the rights, duties and obligations of the said Central Pacific Railroad Company, as provided in the act of Congress passed on the third of March, anno Domini eighteen hundred and sixty-five, and did, under the authority of the said act and of Stat. L., 504). the acts aforesaid, construct a railroad from the city of San Jose to the city of Sacramento, in California, and did demand and receive from the United States the sum of one million nine hundred and seventy thousand five hundred and sixty dollars of the bonds of the United States, of the description before mentioned as issued to the Central Pacific Company, and in the same manner and under the provisions of said acts; and upon and in respect of the bonds so issued to both said companies, the United States have paid interest to the sum of more than thirteen and a half million dollars, which has not been reimbursed; and Whereas said Western Pacific Railroad Company has issued and disposed of an amount of its own bonds equal to the amount so issued by the United States to it, and secured the same by mortgage, which are, if lawfully issued and disposed of, a prior and paramount lien to that of the United States, as stated and secured thereby; and Whereas said Western Pacific Railroad Company has since become merged in, and consolidated with, said Central Pacific Railroad Company, under the name of the Central Pacific Railroad Company, whereby the said Central Pacific Railroad Company has become liable to all the burdens, duties, and obligations before resting upon said Western Pacific Railroad Company; and divers other railroad companies have been merged in and consolidated with said Central Pacific Railroad Company; and Whereas the United States, upon the demand of the said Union Pacific Railroad Company, have heretofore issued by way of loan to it and as prorided in said acts, the bonds of the United States, payable in thirty years from the date thereof, with interest at six per centum per annum, payable half-yearly, the principal sums of which amount to twenty-seven million two hundred and thirty-six thousand five hundred and twelve dollars; on which the United States have paid over ten million dollars interest over and above all reimbursements; which said bonds have been sold in the market or otherwise disposed of by said corporation; and Whereas said corporation has issued and disposed of an amount of its own bonds equal to the amounts so issued to it by the United States as aforesaid, and secured the same by mortgage, and which are, if lawfully issued and disposed of, a prior and paramount lien, in the respect mentioned in said acts, to that of the United States, as stated, and secured thereby; and Whereas the total liabilities (exclusive of interest to accrue) to all creditors, including the United States, of the said Central Pacific Company, amount in the aggregate to more than ninety-six million dollars, and those of the said Union Pacific Railroad Company to more than eighty-eight million dollars; and Whereas the United States, in view of the indebtedness and operations of said several railroad companies respectively, and of the disposition of their respective incomes, are not and cannot, without further legislation, be secure in their interests in and concerning said respective railroads and corporations, either as mentioned in said acts or otherwise; and Whereas a due regard to the rights of said several companies respectively, as mentioned in said act of eighteen hundred and sixty-two, as well as just security to the United States in the premises, and in respect of all the matters set forth in said act, require that the said act of eighteen hundred and sixtytwo be altered and amended as hereinafter enacted; and Whereas, by reason of the premises also, as well as for other causes of Pacific railways; net earnings, how public good and justice, the powers provided and reserved in said act of eighteen hundred and sixty-four for the amendment and alteration thereof ought also to be exercised as hereinafter enacted: Therefore, Be it enacted, &c. [SECTION 1], That the net earnings mentioned in said act of eighteen hundred and sixty-two, of said railroad companies respectively, shall be to be ascertained. 1862, ch. 120 (12 ascertained by deducting from the gross amount of their earnings reStat. L., 489). spectively the necessary expenses actually paid within the year in oper1864, ch. 216 (13 ating the same and keeping the same in a state of repair, and also the Stat. L., 356). sum paid by them respectively within the year in discharge of interest on their first mortgage bonds, whose lien has priority over the lien of the United States, and excluding from consideration all sums owing or paid by said companies respectively for interest upon any other portion of their indebtedness; When section takes effect. plied. And the foregoing provision shall be deemed and taken as an amendment of said act of eighteen hundred and sixty-four, as well as of said act of eighteen hundred and sixty-two. This section shall take effect on the thirtieth day of June next, and be applicable to all computations of net earnings thereafter; but it shall not affect any right of the United States or of either of said railroad companies existing prior thereto. Compensation SEC. 2. That the whole amount of compensation which may, from time due from United to time, be due to said several railroad companies respectively for servStates to be re- ices rendered for the Government shall be retained by the United States, tained; how apone-half thereof to be presently applied to the liquidation of the interest 16 Opin. Att'y- paid and to be paid by the United States upon the bonds so issued by Gen., 516. it as aforesaid, to each of said corporations severally, and the other half 1879, March 3, thereof to be turned into the sinking-fund hereinafter provided for the ch. 183, par. 5. uses therein mentioned. Sinking-fund. SEC. 3. That there shall be established in the Treasury of the United States a sinking-fund, which shall be invested by the Secretary of the Treasury in bonds of the United States; and the semi-annual income thereof shall be in like manner from time to time invested, and the same shall accumulate and be disposed of as hereinafter mentioned. And in making such investments the Secretary shall prefer the five per centum bonds of the United States, unless, for good reasons appearing to him, and which he shall report to Congress, he shall at any time deem it advisable to invest in other bonds of the United States. All the bonds belonging to said fund shall, as fast as they shall be obtained, be so stamped as to show that they belong to said fund, and that they are not good in the hands of other holders than the Secretary of the Treasury until they shall have been indorsed by him, and publicly disposed of pursuant to this act. Credits to, and SEC. 4. That there shall be carried to the credit of the said fund, on payments into, the first day of February in each year, the one-half of the compensation sinking-fund. for services hereinbefore named, rendered for the Government by said Central Pacific Railroad Company, not applied in liquidation of interest; And, in addition thereto, the said company shall, on said day in each year, pay into the Treasury, to the credit of said sinking-fund, the sum of one million two hundred thousand dollars, or so much thereof as shall be necessary to make the five per centum of the net earnings of its said road payable to the United States under said act of eighteen hundred and sixty-two, and the whole sum earned by it as compensation for services rendered for the United States, together with the sum by this section required to be paid, amount in the aggregate to twenty-five per centum of the whole net earnings of said railroad-company, ascertained and defined as hereinbefore provided, for the year ending on the thirtyfirst day of December next preceding. That there shall be carried to the credit of the said fund, on the first day of February in each year, the one-half of the compensation for services herein before named, rendered for the Government by said Union Pacific Railroad Company, not applied in liquidation of interest; |