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OF THE

UNITED STATES-OF AMERICA

PASSED AT THE THIRD SESSION

OF THE

FORTIETH CONGRESS.

DECEMBER 7, 1868.—MARCH 4, 1869.

WASHINGTON:
GOVERNMENT PRINTING OFFICE.

1869.

US 80.25

HARVAROS
COLLEGE
LIBRARY

1870. apr. 29

ugyik
Hon. bhas fummer

of Brilon
(16.2.1830.)

PUBLIC ACTS.

[PUBLIC_No. 1.] AN ACT providing for the sale of the lands, tenements, and water privileges belonging to the

United States at and near Harper's Ferry, in the county of Jefferson, West Virginia. 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 make sale at public auction of the lands, tenements, and water privileges belonging to the United States at and near Harper's Ferry, in the county of Jefferson, West Virginia, except as hereinafter provided, in such parcels as shall, in his opinion, be best adapted to secure the greatest amount of money therefor, on a crédit of one and two years, taking bond and security from the purchaser or purchasers for the payment of the purchase money; and that the proceeds of such sale shall be applied by him as follows: Provided, That no such sale shall be made until the time, terms, and place thereof shall have been published in one of the principal newspapers in each of the cities of Washington, New York, and Cincinnati for sixty days prior to the day of sale:

First, in defraying the expenses of making said sale.

Second, in refunding to the United States the principal sum of purchase money paid for said lands, tenements, and water privileges by the United States, and for the erection of buildings thereon.

Third, if any surplus remain, he shall deliver the same to such agent as the legislature of the State of West Virginia shall appoint to receive the same; but upon condition that such surplus shall be received by the State of West Virginia, to be set apart, held, invested, used, and applied as a part of the school fund of that State, under and by virtue of, and in manner and form as provided in section first of the tenth article of the constitution of West Virginia, and for no other purpose. And on making such sale of the said lands, tenements, and water privileges, or any part thereof, the said Secretary of War is hereby empowered and required, on receiving the purchase money in full, to execute all necessary deeds therefor to the purchaser or purchasers thereof, on behalf of the United States.

SEC. 2. And be it further enacted, That the Secretary of War be authorized and directed to convey by deed to Storer College, an institution of learning chartered by the State of West Virginia, all those certain portions of the aforesaid property, namely: the buildings, with the lots on which they stand, numbered thirty, thirty-one, and thirty-two, and also building numbered twenty-five, with enough of the lot on which it stands to give a breadth of ten rods on High street, otherwise known as Washiington street, all of said buildings and lots being situated at Harper's Ferry aforesaid, being the same which have heretofore been assigned by the War Department to the Bureau of Refugees, Freedmen, and Aban. doned Lands, for educational purposes; and also to convey by deed to the proper persons all such other lands and buildings, portions of the aforesaid property, as have heretofore been set apart by the proper authority for religious, charitable, and town purposes.

Approved, Deceniber 15, 1868.

[PUBLIC_No. 2.] AN ACT to amend an act entitled "An act iniposing taxes on distilled spirits and tobacco,

and for other purposes," approved July twentieth, eighteen hundred and sixty-eight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the seventy-eighth section of "An act imposing taxes on distilled spirits and tobacco, and for other purposes," approved July twentieth, eighteen hundred and sixty-eight, be, and the same is hereby, amended by striking out the words “first day of January," wherever they occur in said section, and inserting in lieu thereof the words "fifteenth day of February.”

Approved, December 22, 1868.

[PUBLIC_No. 3.] AN ACT authorizing the admission in evidence of copies of certain papers, documents, and

entries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That copies of all official papers and documents belonging to and filed or remaining in the office of any consul, vice-consul, or commercial agent of the United States, and of all official entries in the books or records of any such office, shall, when certified under the hand and official seal of the proper consul, vice-consul, or commercial agent, be admissible in evidence in all the courts of the United States.

Approved, January 8, 1869.

[PUBLIC_No. 4.] AN ACT to repeal certain provisions of section six of an act entitled " An act making appro

priations for the support of the army for the year ending June thirtieth, eighteen hundred and sixty-eight, and for other purposes," approved March second, eighteen hundred and sixty-seven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section six of the act entitled "An act making appropriations for the support of the army for the year ending June thirtieth, eighteen hundred and sixty-eight, and for other purposes," approved March second, eighteen hundred and sixtyseven, so far as the same is applicable to the States of North Carolina, South Carolina, Florida, Alabama, and Louisiana, is hereby repealed.

Approved, January 14, 1869.

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[PUBLIC_No. 5.) AN ACT amendatory of an act entitled "An act relating to habeas corpus and regulating

judicial proceedings in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of an act entitled "An act relating to habeas corpus, and regulating judicial proceedings in certain cases," approved March third, eighteen hundred and sixty-three, so far as the same relate to the removal of causes from the State to the federal courts, be, and the same is hereby, declared to extend to any suit or action at law or prosecution, civil or criminal, which has been or shall be commenced in any State court against the owner or owners of any ship or vessel, or of any railway, or of any line of transportation, firm, or corporation engaged in business as common carriers of goods, wares, or merchandise, for any loss or damage which may have happened to any goods, wares, or merchandise whatever, which shall have been delivered to any such'owner or owners of any ship or vessel, or any railway, or of any line of transportation, firm, or corporation, engaged in business as common carriers, where such loss or damage shall have been occasioned by the acts of those engaged in hostility to the government of the United States during the late rebellion, or where such loss or damage shall have been occasioned by any of the forces of the United States, or by any officer in command of such forces: Provided, That this act shall not be construed to affect any contract of insurance for war risks which may have been made with reference to any goods, wares, or merchandise, which shall have been so destroyed.

Approved, January 22, 1869.

[PUBLIC_No. 6.

AN ACT to amend an act entitled “An act to prescribe the mode of obtaining evidence in

cases of contested elections,” approved February nineteenth, eighteen hundred and fifty

one.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any register in bankruptcy or notary public, resident in a congressional district the right to represent which is contested, is hereby authorized to take the testimony and to perform any of the other acts which a judge of any court of the United States is authorized to do by the third section of an act entitled "An act to prescribe the mode of obtaining evidence in cases of contested elections," approved February nineteenth, eighteen hundred and fifty-one.

Approved, January 23, 1869.

[PUBLIC_No. 7.] AN ACT in relation to the appointment of midshipmen from the lately reconstructed States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he hereby is, authorized and directed to make the appointment of midshipmen to the United States Naval Academy, on or before the fourth day of March next, from any State in which the election of members of the House of Representatives to the forty-first Congress does not by law take place previous to the first day of July, eighteen hundred and sixty-nine, upon the nomination of the members of the House of Representatives from such States in the present Congress: Provided, That no such appointment shall be made from any State not by law entitled to the appointment of midshipmen in the year eighteen hundred and sixty-nine.

Approved, January 30, 1869.

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