Feb. 14, 1865.

rated.

CHAP. XXXIV. - An Act to incorporate the National Union Insurance Company of
Washington.

Be it enacted by the Senate and House of Representatives of the Unitea National Union States of America in Congress assembled, That James Harper, Thomas Insurance Com- Patton, C. H. Moody, John W. Magill, John M. Reilly, B. F. Guy, Valpany of Washington incorpo- entine Blanchard, Thomas J. Fisher, Hudson Taylor, Augustus F. Perry, D. Walker, James Montgomery, Joseph J. May, or any five of them, be, and they are hereby, authorized and empowered to receive subscriptions to the capital stock of a company to be denominated "The National Union Insurance Company of Washington," who shall open a book for that purpose in the city of Washington, at the time and place to be by them designated, of which they shall give ten days' notice in two or more of the daily papers of said city, and shall keep the same open until twenty thou capital and value sand shares of fifty dollars a share each shall have been subscribed; and Membership. any person of lawful age, and a citizen of the United States, shall be permitted to subscribe upon paying five dollars on each share at the time of subscribing. And it shall be lawful for the said corporation to have a common seal, sue and be sued, plead and be impleaded, and have and exercise all the rights, privileges, and immunities for the purposes of the corporation hereby created.

Amount of

of shares.

&c.

Seal, powers,

Directors, how and when elected.

Votes.

First election.

SEC. 2. And be it further enacted, That the affairs of the company shall be managed by nine directors, to be elected annually by ballot on the second Monday of July by the stockholders or by their legally empowered agents; and each share of stock shall entitle the holder thereof to one vote; the election to be held at the office of the company at a general Notice of meet- meeting of the stockholders convened for that purpose, by ten days' public ing. notice in two or more of the daily papers of the city of Washington: Provided, That the first election for directors shall be held pursuant to ten days' notice given in one or more of the daily papers of the city of Washington by the persons named in the first section of this act, or any five of them, who shall designate the time when and the place where said election shall be held; and the stockholders shall then and there elect nine directors to serve until the next ensuing election as provided for in this act. And at the first ensuing meeting of the directors after every elecelect a president. tion, they shall appoint one of their number as president, who, together Term of office; with themselves, shall hold office until the next ensuing election as herein quorum. provided for; and five members of said board shall compose a quorum. Failure to hold And in case that an election for directors should not be made when pursuelection at apant to this act it should have been made, the company for that cause shall not be dissolved; and it shall be lawful, within forty days thereafter, to hold and make an election for directors in such manner as the by-laws of the company may prescribe, and the president and directors for the time being shall be continued in office, until such election take place. And in the event of death, resignation, or removal of any director from office, his place for the remainder of his term may be filled by the president and directors for the time being, in such manner as the by-laws may prescribe.

Directors to

pointed time.

Vacancies in office.

Appointment

SEC. 3. And be it further enacted, That the president and directors of officers, agents, shall have power to appoint a secretary and such other officers, agents, and clerks as may to them appear proper, to fix their compensation and pay the same.

&c.

Capital stock, how called in.

Delinquent subscribers.

SEC. 4. And be it further enacted, That the capital stock shall be called in, and paid in such instalments and proportions, and at such times and place, as the president and directors for the time being may require and designate, who shall give fifteen days' notice thereof in two or more daily papers of the city of Washington. And if any stockholder, subscriber, their assignee or transferee, shall refuse or neglect to pay such proportion or instalment, at the time and place appointed, such stockholder, subscriber, transferee, or assignee shall, at the option of the president and

directors, forfeit to the use of the company all his, her, or their right, title, and interest in and to every share on which such instalment has not been duly made; and fresh subscriptions may be opened for the same, in such manner as the by-laws may prescribe, or the president and directors may, at their option, commence suit for the same and recover against the holder of said stock for the amount of the instalment or proportion so unpaid: Provided, That no stockholder or subscriber shall be permitted to vote at Delinquent any election for directors, or at any general or special meeting of the com- stockholders not pany, on whose shares any instalments or arrearages may be due more than fifteen days previous thereto.

to vote.

SEC. 5. And be it further enacted, That the president and directors for By-laws. the time being shall have power to ordain, establish, and put in execution such rules, regulations, ordinances, and by-laws as they may deem essential for the well government of the institution, not contrary to the laws and Constitution of the United States, or of this act, and generally to do of directors. and perform all acts, matters, and things which a corporation may or can lawfully do.

General powers

SEC. 6. And be it further enacted, That the president and directors are Corporation hereby empowered and fully authorized, on behalf of the company, to may insure make insurance against losses by fire on any house, building, tenement, fire, &c. against loss by manufactories, mills, or other buildings; on goods, wares, chattels, and effects of all kinds therein, or otherwise; upon grain, produce, and implements, and upon vessels building on the stocks, in port or at moorings; and, generally, upon all and every sort and description of property, of whatever kind soever, on land or water; and to make, execute, perfect, Policies, how and conclude so many contracts, bargains, agreements, policies, and other executed. instruments as the nature of the case shall or may require; and all such instruments, bargains, contracts, policies, or agreements shall be in print or in writing, and shall be signed by the president and secretary, or such other persons as the managers may appoint for such purpose, and shall be under the seal of the company: Provided, That said president and direc- Premiums. tors may, at their option and discretion, make insurance on such terms and conditions as to them may appear equitable, reserving the premiums, or appropriating and returning such portions thereof to the insured as may to them appear conducive to the interest of the company and the insured, in such manner and on such conditions as may appear to them just and proper.

SEC. 7. And be it further enacted, That the president and directors Yearly divishall, on the third Monday in June of each and every year, divide so dend of profits. much of the profits of said company as to them may appear advisable, first deducting all expenses, and pay the same to the respective stockholders or their agents, duly empowered, in ten days thereafter; but the money received as premiums upon risks which remain outstanding and undetermined at the time of declaring such dividend, shall not then be considered as part of the profits; and if the capital stock paid in shall be lessened by losses, no subsequent dividend shall be made or declared until a sum equal to said diminution shall have been added to the capital stock. SEC. 8. And be it further enacted, That the stock of said company shall be transferred on the books of the company in such manner only as the by-laws of the company shall direct.

SEC. 9. And be it further enacted, That nothing in this act shall be construed as making it perpetual, but congress may at any time alter, amend, or repeal the same.

APPROVED, February 14, 1865.

CHAP. XXXV.-An Act for the Relief of Collectors and Surveyors of the Customs in

certain Cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which any

Transfer of stock.

Act may be altered, &c.

Feb. 14, 1865.

Certain collec- collector or surveyor of the customs has paid or accounted for, or is tors and survey- charged with duties accruing under the "Joint resolution to increase temmay have certain porarily the duties on imports," approved April twenty-ninth, eighteen

ors of customs

duties remitted to them.

hundred and sixty-four, and in which the Secretary of the Treasury shall be satisfied that the collection of the said duties was omitted by such collector or surveyor, for the reason that he was not informed of the passage of said resolution when said duties accrued, the said Secretary be, Ante, pp. 405, 411. and he is hereby, authorized, under such rules as he may prescribe, to remit or refund, as the case may require, such duties to such collector or surveyor.

APPROVED, February 14, 1865.

Feb. 17, 1865. CHAP. XXXVII. —An Act to authorize the Establishment of Ocean Mail-Steamship Service between the United States and China.

Be it enacted by the Senate and House of Representatives of the United Proposals to be States of America in Congress assembled, That the Postmaster-General advertised for, be, and he is hereby, authorized to invite proposals by public advertisefor mail-steamship service be- ment, for the period of sixty days, in one or more newspapers published tween San Fran- in the cities of Washington, New York, Philadelphia, Boston, and San cisco and China Francisco, respectively, for mail-steamship service between the port of and Japan. San Francisco, in the United States, and some port or ports in the Chinese empire, touching at Honolulu, in the Sandwich Islands, and one or more ports in Japan, by means of a monthly line of first-class American sea-going steamships, to be of not less than three thousand tons burden each, and of sufficient number to perform twelve round trips per annum between said ports, and to contract with the lowest responsible bidder for said service for a term of not more than ten years, to commence from the day the first steamship of the proposed line shall depart from the port of San Francisco with the mails for China: Provided, That no bid shall be considered which shall amount to more than five hundred thousand dollars for the twelve round trips per annum, nor unless the same is from a citizen or citizens of the United States, and accompanied by an offer of good and sufficient sureties (also citizens of the United States) for the faithful performance of such contract.

Monthly trips.

Lowest re

sponsible bidder

to have contract for ten years. Bids to be from citizens, and not to call for over $500,000 a year, &c.

Sureties.

Contract, when to go into effect.

Provisions as to construction of the vessels.

SEC. 2. And be it further enacted, That any contract which the Postmaster-General may execute, under the authority of this act, shall go into effect on or before the first day of January, one thousand eight hundred and sixty-seven, and shall, in addition to the usual stipulations of ocean mail-steamship contracts, provide that the steamships accepted for the service shall be constructed of the best material and after approved models, with all the modern improvements adapted to sea-going steamships of the first class, and shall be subject to inspection and survey by an experienced naval constructor, to be detailed for that purpose by the Secretary of the Navy, whose report shall be made to the Postmaster-General. That the government of the United States shall be entitled to have transMail-agents. ported, free of expense, on each and every steamer, a mail-agent, to take charge of and arrange the mail-matter, to whom suitable accommodation Deductions for for that purpose shall be assigned. That in case of failure from any cause to perform any of the regular monthly voyages stipulated for in the contract, a pro rata deduction shall be made from the compensation on account of such omitted voyage or voyages. That suitable fines and penalties may be imposed for delays and irregularities in the performance of the service, and that the Postmaster-General shall have the power to determine the contract at any time in case of its being underlet or assigned to any other party.

failures.

Fines for delays, &c.

Contract may be determined; when, &c.

APPROVED, February 17, 1865.

CHAP. XXXVIII.— An Act supplementary to an Act approved July fourteen, eighteen hundred and sixty-two, entitled “An Act to establish certain Post-Roads."

Feb. 17. 1865. 1862, ch. 167.

built over the

Be it enacted by the Senate and House of Representatives of the United Vol. xii. p. 569. States of America in Congress assembled, That the act of congress approved A railroadJuly fourteen, eighteen hundred and sixty-two, entitled "An act to estab- bridge may be lish certain post-roads," shall be, and the same is hereby, so amended as Ohio River at the to authorize the Louisville and Nashville Railroad Company, and the head of the falls. Jeffersonville Railroad Company (stockholders in the Louisville Bridge Company) to construct a railroad-bridge over the Ohio River at the head

of the falls of the Ohio, subject to all the provisions of said act: Provided,

That the said bridge may be constructed at a height not less than fifty-six, Height, spans. feet above low-water mark, and with three draws, sufficient to pass the draws, &c. largest boats navigating the Ohio River; one over the Indiana chute, one over the middle chute, and one over the canal: Provided, That the spans of said bridge shall not be less than two hundred and forty feet, except over the Indiana and middle chute and the canal; said bridge shall be constructed with draws of one hundred and fifty feet wide on each side of the pivot pier over the Indiana and middle chutes, and ninety feet wide over the canal: And provided further, That said bridge and draws shall be so constructed as not to interrupt the navigation of the Ohio River. SEC. 2. And be it further enacted, That the bridge erected under the provisions of this act shall be a lawful structure, and shall be recognized and known as a post-route.

APPROVED, February 17, 1865.

Navigation not to be interrupted.

Bridge to be a post-route.

Feb. 17, 1865.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the bridge across the Ohio The bridge River at Cincinnati, in the State of Ohio, and at Covington, in the State River at Cincinacross the Ohio of Kentucky, is hereby declared to be, when completed, in accordance nati made a postwith the laws of the States of Ohio and Kentucky, a lawful structure and post-road for the conveyance of the mails of the United States. APPROVED, February 17, 1865.

road.

Feb. 20,

1865.

1864, ch. 2.

Second assistant secretary of war authorized.

CHAP. XLI. — An Act authorizing the President to appoint a Second Assistant Secretary of War. Be it enacted by the Senate and House of Representatives of the United Ante, p. 1. States of America in Congress assembled, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, for the term of one year from the passage of this act, an officer in the War Department, to be called the Second Assistant Secretary of War, whose salary shall be three thousand dollars per annum, payable in the same manner as that of the Secretary of War, who shall perform all such duties in the office of the Secretary of War, belonging to that Department, as shall be prescribed by the Secretary of War, or as may be required by law.

APPROVED, February 20, 1865.

Salary and duties.

CHAP. XLII.—An Act to enlarge the Port of Entry and Delivery for the District of Feb. 20, 1865.

Philadelphia.

Boundary of the port of entry &c., of Philadel

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the port of entry and delivery for the district of Philadelphia shall be bounded on the river Delaware by Frankford Creek, on the north, and Broad Street, on the south. phia. SEC. 2. And be it further enacted, That all acts or parts of acts con- Repealing flicting with the provisions of this act be, and the same are hereby, clause. repealed.

APPROVED, February 20, 1865.

Feb. 20, 1865. 1861, ch. 80. Vol. xii. p. 208.

Repeal of act requiring the removal of the

arsenal from St. Louis, &c.

CHAP. XLII. —An Act to repeal an Act entitled "An Act to remove the United States Arsenal from the City of Saint Louis, and to provide for the Sale of the Lands on which the same is located."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled “An Act to remove the United States arsenal from the city of Saint Louis, and to provide for the sale of the lands on which the same is located," approved March second, eighteen hundred and sixty-one, be, and the same is hereby, repealed.

APPROVED, February 20, 1865.

Feb. 23, 1865. CHAP. XLV. - An Act to extinguish the Indian Title to Lands in the Territory of Utah suitable for agricultural and mineral Purposes.

Proviso.

Be it enacted by the Senate and House of Representatives of the United Indian titles in States of America in Congress assembled, That the President of the Utah Territory to United States be, and he is hereby, authorized, by and with the advice be extinguished by treaty. and consent of the Senate, to enter into treaties with the various tribes of Indians of Utah Territory, upon such terms as may be deemed just to said Indians and beneficial to the government of the United States: Provided, That such treaties shall provide for the absolute surrender to the United States, by said Indians, of their possessory right to all the agricultural and mineral lands in raid territory except such agricultural lands as by said treaties may be set apart for reservations for said Indians: And Reservations. provided, further, That all such reservations shall be selected at points as remote as may be practicable from the present settlements in Utah Territory.

Agricultural SEC. 2. And be it further enacted, That in agreeing with said Indians implements, upon the amounts to be paid to them under the provisions of the treaties stock, &c., to be given in payment to be negotiated in pursuance of this act, care shall be taken to obtain as far as possible. from the Indians, to the greatest possible extent, their consent to receive for such payments agricultural implements, stock, and other useful articles, rather than money.

Appropriation.

SEC. 3. And be it further enacted, That for the purpose of negotiating said treaties and carrying out the provisions of this act, making presents to said Indians, and defraying the necessary expenses incident to such negotiation, there is hereby appropriated, out of any money in the treasury of the United States not otherwise appropriated, the sum of twentyfive thousand dollars.

APPROVED, February 23, 1865.

Feb. 23, 1865. CHAP. XLVI. An Act to provide for the Payment of the Value of certain Lands and Improvements of private Citizens, appropriated by the United States for Indian Reservations, in the Territory of Washington.

Appropriation to pay for lands,

&c., taken for Indian reserva

tions in Washing

ton Territory.

Claims, how allowed, &c.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of eighteen thousand six hundred and eleven dollars and sixty-two cents, or so much thereof as may be necessary, is hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of paying for the lands and improvements of private citizens, taken and appropriated, by order of the Department of the Interior, for Indian reservations and uses in the Territory of Washington; and the claims herein provided to be paid shall be allowed and paid in such manner and upon such proofs of the value of the property as shall be prescribed by the Secretary of the Interior. APPROVED, February 23, 1865.

Feb. 23, 1865. CHAP. XLVII.

- An Act to facilitate the Collection of certain Debts due the United States.

Be it enacted by the Senate and House of Representatives of the Unitea States of America in Congress assembled, That in all cases where debts