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ship51 N., of range for all the lands in township fifty-one north, of range thirty-one west, 31 W., to be ex- which are not included in the limits of the reservation of said Indians pended for purposes of education, as defined by the wording of the treaty of September thirtieth, eight&c., of Chippewa een hundred and fifty-four: Provided, That the money received for the lands in said township shall be expended for educational and beneficial Treaty (10 Stat. purposes as the President may direct, and at such times and in such 1880, April 1, ch. manner as he may deem proper for the interests of said bands of Indians. 41. May 11, ch. 85, § 6.

Indians.

L., 1109).

Orphans' Home,

*

[Par. 3.] For the Soldiers' and Sailors' Orphans' Home, Washington Washington; what City, District of Columbia, orphans to be admitted, and for what time.

1866, ch. 249, § 3. 1867, ch. 62 (14 S. L., 247, 401). 1878, June 20, ch. 359, par. 3.

Contracts for

Provided, That hereafter no child or children shall be admitted into said home except "the destitute orphans of soldiers and sailors who have died in the late war on behalf of the Union of these States," as provided for in section three of the act entitled "An act to incorporate the National Soldiers' and Sailors' Orphans' Home," approved July twenty-fifth, eighteen hundred and sixty-six;

And provided further, That no child not an invalid shall remain in said home after having attained the age of sixteen years.

*

[Par. 4.] Hereafter no contract shall be made for the rent of any rent of buildings in building, or part of any building, in Washington, not now in use by Washington not to the Government, to be used for the purposes of the Government until be made without previous approan appropriation therefor shall have been made in terms by Congress. priation.

R. S., §§ 3679, 3732. 1877, March 3, ch. 106. 1880, June 15, ch. 225. 13 C. Cls., 166. 98 U. S., 104.

Pay for report- [Par. 5.] Hereafter the pay of the official reporters of the proceeding proceedings of ings and debates of each House shall be fifty thousand dollars for each Congress and of committees of the Congress; and the pay of official reporters of committees of the House shall be five thousand dollars each per annum, and this shall be in lieu of all other compensation for such services in reporting the proceed[June 22, 1874.

House.

R. S., § 54.
1874, Jan. 28, ch. ings of each and all of said committees.

16, §3.

CHAPTER 389.

June 22, 1874. 18 Stat. L., 173, 176.

AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES
OF THE INDIAN DEPARTMENT, AND FOR FULFILLING TREATY STIPULATIONS WITH
VARIOUS INDIAN TRIBES, FOR THE YEAR ENDING JUNE THIRTIETH, EIGHTEEN
HUNDRED AND SEVENTY-FIVE, AND FOR OTHER PURPOSES.

SECTION

1. Proceeds of sale of lands in Bitter Root Val-
ley, how disposed of.

3. Indians required to perform service on reser-
vation for themselves or tribe.
-allowances for, how distributed to.

-may be excepted from requirement by Sec-
retary of Interior.

4. Indian agents to make oath as to certain facts
in rendering accounts.

Be it enacted, &c.,
[SECTION 1.]

SECTION

Indian agents: before whom may take oath.
6. Bidders on account of Indian service in
amounts exceeding $5,000 to accompany
bids with certified checks.
Disposition of such checks after contracts
awarded.

10. Employés, &c., of United States not to be in-
terested in Indian contracts, &c.
Penalty for violation.

Provided, That the proceeds of the sales Proceeds of sale of land in Bitter Root Valley, Montana Territory, referred to in the secof lands in Bitter ond section of the act of Congress approved June fifth, eighteen hunRoot Valley, how dred and seventy two, entitled "An act to provide for the removal of the disposed of. 1872, ch. 308, § 2 Flathead and other Indians from Bitter Root Valley, in the Territory (17 Stat. L., 227). of Montana," shall be paid into the Treasury of the United States; in the same manner that other moneys derived from the sale of other public Annuity, and lands are now paid in: And provided further, That in lieu of the amount how expended. provided to be set apart therefrom by the act of Congress of June fifth, eighteen hundred and seventy-two, hereinbefore referred to, there shall be annually appropriated, out of any money in the Treasury of the United States, not otherwise appropriated, the sum of five thousand dollars, for the period of ten years, to be expended, under the direction of the Presi

dent, in the manner deemed for the best good of the Indians who have been removed from Bitter Root Valley: And provided further, That no part of said sum shall be paid to any Indian of said tribe who shall not have settled upon the Jocko reservation.

SEC. 3. That for the purpose of inducing Indians to labor and become Indians required self-supporting, it is hereby provided that in distributing the supplies to perform service to the Indians for whom the same are appropriated, the agent distrib. on reservation for themselves or uting the same shall require all able-bodied male Indians, between the tribe. ages of eighteen and forty-five, to perform service upon the reserva- R. S., §§ 2079tion, for the benefit of themselves or of the tribe, at a reasonable rate, 2110. to be fixed by the agent in charge, and to an amount equal in value to the supplies to be delivered.

- allowances for,

And the allowances provided for such Indians shall be distributed to them only upon condition of the performance of such labor, under such how distributed to. rules and regulations as the agent may prescribe:

Provided, That the Secretary of the Interior may, by written order, except any particular tribe from the operation of this provision where he deems it proper and expedient.

SEC. 4.

may be excepted from requirement by Secretary of Interior.

ac

Indian agents shall be required to state, Indian agents to under oath, upon rendering their quarterly accounts, that the number make oath as to of employees claimed for were actually and bona fidé employed at the certain facts in rendering agency and at the salary claimed; and that such agent does not, directly counts. or indirectly, receive any part of the compensation claimed for any other R. S., §§ 2058, employee, or any pecuniary benefit therefrom:

*

2091.

before whom

ac

Provided, That where there is no officer in the vicinity of an agency who is authorized to administer oaths, the Secretary of the Interior may may take oath. direct such returns to be made under the certificate of the agent. SECTION 6. * Provided, That hereafter all bidders un- Bidders on der any advertisement published by the Commissioner of Indian Affairs count of Indian for proposals for goods, supplies, transportation, and so forth, for and on service account of the Indian service, whenever the value of the goods, supplies, amounts and so forth, to be furnished, or the transportation to be performed, shall exceed the sum of five thousand dollars, shall accompany their bids with a certified check or draft payable to the order of the Commissioner of Indian Affairs, upon some United States depository or solvent national bank, which check or draft shall be five per centum on the amount of the goods, supplies, transportation and so forth, as aforesaid;

in exceeding $5,000 to accompany bids with certified checks.

R. S., § 3709. 1875, March 3, ch. 332, § 9.

ed.

of

And in case any such bidder, on being awarded a contract, shall fail Disposition to execute the same with good and sufficient sureties according to the such checks after terms on which such bid was made and accepted, such bidder shall for- contracts awardfeit the amount so deposited to the United States, and the same shall forthwith be paid into the Treasury of the United States; but if such contract shall be duly executed, as aforesaid, such draft or check so deposited shall be returned to the bidder.

Employés, &c.,

ed in Indian con-
tracts, &c.
R. S., §§ 2079-

SEC. 10. That no agent or employee of the United States Government, or of any of the Departments thereof, while in the service of the Govern of United States ment, shall have any interest, directly or indirectly, contingent or abso- not to be interestlute, near or remote, in any contract made, or under negotiation, with the Government, or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of 2110, 3739. the Indians; nor shall any such agent or employee collude with any person who may attempt to obtain any such contract for the purpose of enabling such person to obtain the same.

Penalty for vio

The violation of any of the provisions of this section shall be a misdemeanor, and shall be punished by a fine of not less than five hundred lation. dollars nor more than five thousand dollars, and by removal from office; and, in addition thereto, the court shall, in its discretion, have the power to punish by imprisonment of not more than six months.

[June 22, 1874.]

June 22, 1874.

18 Stat. L., 178.

Bankrupt

amended.

law

R. S., §§ 49725132.

CHAPTER 390.

AN ACT TO AMEND AND SUPPLEMENT AN ACT ENTITLED "AN ACT TO ESTABLISH A
UNIFORM SYSTEM OF BANKRUPTCY THROUGHOUT THE UNITED STATES," APPROVED
MARCH SECOND, EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND FOR OTHER PUR-
POSES.(1)

SECTION

1. Bankrupt law amended.

Receiver or assignee may be authorized to
carry on business not exceeding nine
months.

2. Legal, not equitable, debts not exceeding $500
may, by direction of court, be collected in
State courts.

3. Circuit and district courts to have concurrent
jurisdiction of all actions by assignees.

4. Sales by assignee to be by auction, unless, &c.
-notice of, how given.

-supervisory power over, to be in the court.
- of real estate, may be made for part cash
and part credit, &c.

Assignees to keep accounts.

-penalties on, for neglect, fraud by, and for
conspiring.

-to report condition of estate once in three
months.

-to account for interest, &c.

-on settlement of account to file oath, and
may be examined, &c.

5. Notice of bankruptcy and of issuing warrant,

how given.

6. Set-off not allowed of claims purchased after
bankruptcy, &c.

7. Proof of claim not waiver of right of action
when discharge not granted.

8. Parties may be witnesses in all cases under
bankrupt law.

9. Discharge, how granted to involuntary bank-
rupt.

-to voluntary bankrupts.

10. In involuntary bankruptcy preferences within
two, or fraudulent transfers within three,
months before petition, void.

11. Certain conveyances made to persons know-
ing they are in fraud of bankrupt law, void.
12. Involuntary bankrupts may be adjudged
such, for what acts.

-on petition of creditors within six months
after act of bankruptcy.

Proceedings on petition when allegation as to
number of creditors is denied.

-if admitted.

- when number, &c., of creditors insufficient.
Assignee may recover property fraudulently
conveyed, &c.

Petition, how verified.

computation of number of creditors, to be
joined in.

13. Proceedings on return of order to show cause
on petition for involuntary adjudication of
bankruptcy.

Be it enacted, &c.

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[SECTION 1], That the act entitled (1) "An act to establish a uniform system of bankruptcy throughout the United States", approved March second, eighteen hundred and sixty-seven, be, and the same is hereby, amended and supplemented as follows:

Receiver or asThat the court may, in its discretion, on sufficient cause shown, and signee may be authorized to carry upon notice and hearing, direct the receiver or assignee to take posseson business not ex- sion of the property, and carry on the business of the debtor, or any ceeding nine part thereof, under the direction of the court, when, in its judgment, the interest of the estate as well as of the creditors will be promoted thereby, but not for a period exceeding nine months from the time the debtor shall have been declared a bankrupt:

months.

R. S., § 5062.

Provided, That such order shall not be made until the court shall be satisfied that it is approved by a majority in value of the creditors. Legal, not equiSEC. 2. That section one of said act be, and it is hereby, amended table, debts not ex- by adding thereto the following words: "Provided, That the court hayby direction of ing charge of the estate of any bankrupt may direct that any of the court, be collected legal assets or debts of the bankrupt, as contradistinguished from equit

ceeding $500 may,

in State courts.

NOTE. (1) The provisions of the bankrupt law referred to in this act, 1867, March 2, ch. 176 (14 Stat.
L., 517), are incorporated into the Revised Statutes in the sections noted in the margin.

The whole bankrupt law was repealed by act of 1878, June 7, ch. 160.

able demands, shall, when such debt does not exceed five hundred dollars, be collected in the courts of the State where such bankrupt re- 6. sides having jurisdiction of claims of such nature and amount."

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R. S., § 711, par.

R. S., § 4979, 5047. 119 Mass., 435. 17 N. Y. Supreme, 277. 20 N. Y. Supreme, 263. 30 La., 75, 1210. 31 La., 215. 72 N. Y., 159. 73 N. Y., 226. 10 Hun., 277. 49 Md., 51. 11 Hun., 394. 12 Hun., 220. 13 Hun., 353. 19 Hun., 622. Circuit and dis

diction of all ac

SEC. 3. That section two of said act(1) be, and it hereby is, amended by trict courts to have striking out, in line ten, the words "the same," and inserting the word concurrent juris"any"; and by adding next after the words "adverse interest," in line twelve, the words "or owing any debt to such bankrupt."

tion by assignees. R. S., § 4979. Sales by assignee

unless, &c.

SEC. 4. That unless otherwise ordered by the court, the assignee shall sell the property of the bankrupt, whether real or personal, at public auc- to be at auction tion, in such parts or parcels and at such times and places as shall be R. S., §§ 5062best calculated to produce the greatest amount with the least expense. 5065. All notices of public sales under this act by any assignee or officer of notice of, how the court shall be published once a week for three consecutive weeks in given. the newspaper or newspapers, to be designated by the judge, which, in his opinion, shall be best calculated to give general notice of the sale. And the court, on the application of any party in interest, shall have complete supervisory power over such sales, including the power to set power over, to be aside the same and to order a re-sale, so that the property sold shall in the court. realize the largest sum.

supervisory

And the court may, in its discretion, order any real estate of the bank of real estate rupt, or any part thereof, to be sold for one-fourth cash at the time of may be made for sale, and the residue within eighteen months in such instalments as the part cash and part credit, &c. court may direct, bearing interest at the rate of seven per centum per annum, and secured by proper mortgage or lien upon the property so sold. And it shall be the duty of every assignee to keep a regular account of all moneys received or expended by him as such assignee, to which keep accounts. account every creditor shall, at reasonable times, have free access.

Assignees to

R. S., § 5039.

If any assignee shall fail or neglect to well and faithfully discharge his penalties on, for duties in the sale or disposition of property as above contemplated, it shall neglect, fraud by, be the duty of the court to remove such assignee, and he shall forfeit all and for conspiring. fees and emoluments to which he might be entitled in connection with such sale. And if any assignee shall, in any manner, in violation of his duty aforesaid, unfairly or wrongfully sell or dispose of, or in any manner fraudulently or corruptly combine, conspire, or agree with any person or persons, with intent to unfairly or wrongfully sell or dispose of the property committed to his charge, he shall, upon proof thereof, be removed, and forfeit all fees or other compensation for any and all services in connection with such bankrupt's estate, and, upon conviction thereof before any court of competent jurisdiction, shall be liable to a fine of not more than ten thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both fine and imprisonment, at the discretion of the court. And any person so combining, conspiring, or agreeing with such assignee for the purpose aforesaid shall, upon conviction, be liable to a like punishment.

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That the assignee shall report, under oath, to the court, at least as often to report condias once in three months, the condition of the estate in his charge, and the tion of estate once state of his accounts in detail, and at all other times when the court, on motion or otherwise, shall so order.

in three months.

-to account for

And on any settlement of the accounts of any assignee, he shall be required to account for all interest, benefit, or advantage received, or in interest, &c. any manner agreed to be received, directly or indirectly, from the use, disposal, or proceeds of the bankrupt's estate.

-on settlement of account to file oath and may be exam

And he shall be required, upon such settlement, to make and file in court an affidavit declaring, according to the truth, whether he has or has not, as the case may be, received, or is or is not, as the case may be, ined, &c. to receive, directly or indirectly, any interest, benefit, or advantage from the use or deposit of such funds; and such assignee may be examined NOTE.-(1) The provisions of the bankrupt law referred to in this act are incorporated into the Revised Statutes in the sections noted in the margin.

Notices of bank

ruptcy and of is
suing warrant,
how given.
R. S., § 5019.

Set-off not al

orally upon the same subject, and if he shall willfully swear falsely, either in such affidavit or examination, or to his report provided for in this section, he shall be deemed to be guilty of perjury, and, on conviction thereof, be punished by imprisonment in the penitentiary not less than one and not more than five years.

SEC. 5. That section eleven of said act (1) be amended by striking out the words "as the warrant specifies," where they first occur, and inserting the words "as the marshal shall select, not exceeding two"; and inserting after the word "specifies" where it last occurs the words "But whenever the creditors of the bankrupt are so numerous as to make any notice now required by law to them, by mail or otherwise, a great and disproportionate expense to the estate, the court may, in lieu thereof, in its discretion, order such notice to be given by publication in a newspaper or newspapers, to all such creditors whose claims, as reported, do not exceed the sums, respectively, of fifty dollars."

SEC. 6. That the first clause of section twenty of said act (1) be lowed of claims amended by adding, at the end thereof, the words "or in cases of compurchased after pulsory bankruptcy, after the act of bankruptcy upon or in respect of bankruptcy, &c. R. S., 5073, which the adjudication shall be made, and with a view of making such

5075.

set-off."

Proof of claim SEC. 7. That section twenty-one of said act (1) be amended by insertnot waiver of right ing the following words in line six, immediately after "thereby"; "But of action when dis- a creditor proving his debt or claim shall not be held to have waived charge not grant- his right of action or suit against the bankrupt where a discharge has been refused or the proceedings have been determined without a discharge".

ed.

R. S., § 5105. 13 Hun., 596. 123 Mass., 278. 124 Mass., 99.

Parties may be

SEC. S. That the following words shall be added to section twentywitnesses in all six of said act (1): "That in all causes and trials arising or ordered cases under bank- under this act, the alleged bankrupt, and any party thereto, shall be a rupt law. R. S., § 858, competent witness".

5087, 5088, 5107. 3 Hughes, 285.

Discharge, how SEC. 9. That in cases of compulsory or involuntary bankruptcy, the granted to invol- provisions of said act,(1) and any amendment thereof, or of any suppleuntary bankrupt. ment thereto, requiring the payment of any proportion of the debts of R. S., § 5112. 6 Bissell, 185. the bankrupt, or the assent of any portion of his creditors, as a condi3 Dillon, 3, 145. tion of his discharge from his debts, shall not apply; but he may, if otherwise entitled thereto, be discharged by the court in the same manner and with the same effect as if he had paid such per centum of his debts, or as if the required proportion of his creditors had assented thereto.

-to voluntary bankrupt.

R. S., § 5112. 3 Hughes, 637.

erences within

And in cases of voluntary bankruptcy, no discharge shall be granted to a debtor whose assets shall not be equal to thirty per centum of the claims proved against his estate, upon which he shall be liable as principal debtor, without the assent of at least one-fourth of his creditors in number, and one-third in value; and the provision in section thirty-three of said act (1) of March second, eighteen hundred and sixty-seven, requiring fifty per centum of such assets, is hereby repealed.

In involuntary SEC. 10. That in cases of involuntary or compulsory bankruptcy, bankruptcy, pref the period of four months mentioned in section thirty-five of the act(1) two, and fraudu- to which this is an amendment is hereby changed to two months; but lent transfers this provision shall not take effect until two months after the passage of within three, this act. And in the cases aforesaid, the period of six months mentioned months before pe- in said section thirty-five is hereby changed to three months; but this tition, void. R. S., $$ 5128, provision shall not take effect until three months after the passage of 5129; 102 U. S., 620, this act.

Certain conveyances i ade to per sons knowing they are in frand of bankrupt law, void.

R. S., § 5128, 5129.

SEC. 11. That section thirty-five of said act be, and the same is hereby, amended as follows:

First. After the word "and" in line eleven, insert the word "knowing". Secondly. After the word "attachment", in the same line, insert the words "sequestration, seizure".

NOTE. (1) The provisions of the bankrupt law referred to in this act are incorporated into the Revised Statutes íu the sections noted in the margin.

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