kota, and Mon stitute one surveyor-general's district; That the Territory of Idaho and Arizona, IdaNevada shall constitute, and be a part of, the surveyor-general's district ho, Nevada, Daof Colorado; That the Territory of Dakota and Montana shall constitute tana. one surveyor-general's district, and that there shall be but one office of surveyor-general for each surveyor-general's district; That the provisions of this section shall be executed under such rules and regulations as may be prescribed by the commissioner of the general land-office; and that Repeal. all acts and parts of acts in conflict with the provisions of this section are hereby repealed. SEC. 9. And be it further enacted, That sections eight and nine of an act entitled "An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord eighteen hundred and eight," which said sections undertake to regulate the coastwise slave-trade, are hereby repealed, and the coastwise slave-trade is prohibited forever. APPROVED, July 2, 1864. Coastwise slave-trade prohibited. Repeal of act 1807, ch. 22, §§ 8, 9. Vol. ii. p. 429. CHAP. CCXI. An Act making Appropriations for the Construction, Preservation, and July 2, 1864. Repairs of certain Fortifications and other Works of Defence for the Year ending the thirtieth of June, eighteen hundred and sixty-five, and for other Purposes. Appropriation for fortifications, &c. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the construction, preservation, and repairs of certain fortifications and other works of defence for the year ending the thirtieth of June, eighteen hundred and sixty-five: :For Fort Montgomery, at outlet of Lake Champlain, New York, fifty Fort Montthousand dollars. For Fort Knox, at narrows of Penobscot River, Maine, one hundred thousand dollars. gomery. Fort Knox. For fort at entrance of Kennebec River, (Fort Popham,) Maine, one hundred thousand dollars. Fort Popham. For fort on Hog Island Ledge, (Fort Georges,) Portland harbor, Maine, one hundred and fifty thousand dollars. Fort Georges. For Fort Preble, Portland harbor, Maine, one hundred and fifty thousand dollars. For Fort Scammel, Portland harbor, Maine, one hundred thousand dollars. For New Fort Constitution, Portsmouth harbor, New Hampshire, one hundred thousand dollars. For Fort McClary, Portsmouth harbor, New Hampshire, fifty thousand dollars. Fort Preble. Fort Scammel. Fort Constitu tion. Fort McClary. For Fort Winthrop, Governor's Island, Boston harbor, Massachusetts, Fort Winthrop fifty thousand dollars. For Fort Warren, Boston harbor, Massachusetts, twenty thousand dollars. For sea-wall of Great Brewster's Island, forty thousand dollars. For repair of sea-walls on Deer and on Lovell's Island, ten thousand dollars. For permanent forts at New Bedford harbor, Massachusetts, one hundred thousand dollars. For Fort Schuyler, East River, New York, twenty-five thousand dollars. For fort at Willet's Point, opposite Fort Schuyler, New York, one hundred and fifty thousand dollars. Fort Warren. Sea-wall at Great Brewster. On Deer and Lovell's Islands. Forts at New Bedford harbor. Fort Schuyler. Forts at Willet's Point. For repairs of Fort Columbus, Castle Williams, South Battery, Fort Fort Columbus. Wood, and Fort Gibson, New York harbor, one hundred thousand dollars. For new battery near Fort Hamilton, at the Narrows, New York, seventy-five thousand dollars. Fort Hamilton. Fort Rich mond. Fort on site of For Fort Richmond, Staten Island, New York, twenty thousand dollars. Fort Tompkins. dred and fifty thousand dollars. Battery of Staten Island. Sea-wall at Buffalo. Fort at Sandy Hook. Fort Mifflin. Delaware breakwater. Fort Carroll. Fort Monroe. Fort at Ship Island; at Fort Point; at Alcatraz Island. Defences at San Francisco. At mouth of Columbia River. Repairs, &c., of barracks, &c. Platforms for cannon. Tool and siege trains. Bridge trains and equipage. Contingencies. Obstructions in For cas[e]mated battery on Staten Island, New York, seventy-five thousand dollars. For repairs and completion of sea-wall at Buffalo, thirty-seven thousand five hundred dollars. For fort at Sandy Hook, New Jersey, one hundred and twenty-five thousand dollars. For Fort Mifflin, near Philadelphia, Pennsylvania, twenty thousand dollars. For permanent work for Delaware breakwater harbor, one hundred thousand dollars. For Fort Carroll, Baltimore harbor, Maryland, one hundred thousand dollars. For Fort Monroe, Hampton Roads, Virginia, fifty thousand dollars. For fort at Ship Island, coast of Mississippi, one hundred thousand dollars. For fort at Fort Point, San Francisco bay, California, fifty thousand dollars. For fort at Alcatraz Island, San Francisco bay, California, ninety thousand dollars. For land defences at San Francisco, one hundred and seventy-seven thousand dollars: Provided, That no portion of the same shall be expended on other fortifications now in progress there. For defences in Oregon and in Washington Territory, at or near the mouth of Columbia River, one hundred thousand dollars. For repairs and alterations of barracks, quarters, hospitals, storerooms, and fences at permanent forts not occupied by troops, fifty thousand dollars. For construction of permanent platforms for modern cannon of large calibre in existing fortifications of important harbors, one hundred and thirty thousand dollars. For tool and siege trains for armies in the field, two hundred thousand dollars. For bridge trains and equipage for armies in the field, five hundred thousand dollars. For contingencies of fortifications, including field works and field operations, seven hundred thousand dollars. For providing obstructions to be moored in the Potomac River to render Potomac River. the shore batteries more efficient for the protection of Washington against maritime attack, three hundred thousand dollars. Defences of Washington. Surveys of lakes. Chart of lake surveys. Purchase, &c., of instruments. Surveys for military defences. &c. July 2, 1864. For completing and rendering more permanent the defences of Washington, three hundred thousand dollars. For surveys of the northern and northwestern lakes, including Lake For engraving and printing chart of lake surveys, ten thousand dollars. For surveys for military defences, and for purchase of campaign maps, manuscript notes, and maps of surveys of railroads and canals, one hundred and fifty thousand dollars. APPROVED, July 2, 1864. CHAP. CCXII. —An Act to authorize the United States to acquire Land in Wallabout Bay, belonging to the City of Brooklyn, and to authorize the Exchange of other Lands therefor. 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 is hereby, authorized and empowered to negotiate with the city Lands in Walof Brooklyn, in the State of New York, and to effect an exchange of lands labout Bay. in Wallabout Bay between the United States and the said city, and thereupon to make, execute, and deliver good and sufficient deeds and releases therefor. APPROVED, July 2, 1864. - July 2, 1864 to Oregon for a CHAP. CCXIII. An Act granting Lands to the State of Oregon, to aid in the Construction of a Military Road from Eugene City to the Eastern Boundary of said State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, granted to the State of Oregon, to aid in the construction of a military Lands granted wagon-road from Eugene City, by way of Middle Fork of Willamette military wagonRiver, and the most feasible pass in Cascade range of mountains, near road. Diamond Peak, to the eastern boundary of the State, alternate sections of public lands, designated by odd numbers, for three sections in width on each side of said road: Provided, That the lands hereby granted shall Lands to be be exclusively applied in the construction of said road, and shall be dis- applied exclu sívely in conposed of only as the work progresses; and the same shall be applied to structing such no other purpose whatever; and provided further, That any and all lands road. heretofore reserved to the United States by act of congress, or other com- fore reserved expetent authority, be, and the same are, reserved from the operation of cepted from this this act, except so far as it may be necessary to locate the route of said act. road through the same, in which case the right of way is granted. Lands hereto SEC. 2. And be it further enacted, That the said lands hereby granted Lands granted to said state shall be disposed of by the legislature thereof for the pur- by legislature, to be disposed of pose aforesaid, and for no other; and the said road shall be and remain &c. a public highway for the use of the government of the United States, free from tolls or other charge upon the transportation of any property, troops, or mails of the United States. Width, grade, SEC. 3. And be it further enacted, That said road shall be constructed with such width, graduation, and bridges, as to permit of its regular use &c., of road. as a wagon-road, and in such other special manner as the State of Oregon may prescribe. SEC. 4. And be it further enacted, That the lands hereby granted to Mode of dissaid state shall be disposed of only in the following manner, that is to position of lands. say: that a quantity of land not exceeding thirty sections for said road may be sold; and when the governor of said state shall certify to the Secretary of the Interior that any ten continuous miles of said road are completed, then another quantity of land hereby granted, not to exceed thirty sections, may be sold, and so from time to time until said road is completed; and if said road is not completed within five years, no further sales shall be made, and the land remaining unsold shall revert to the if, &c. United States. Land to revert APPROVED, July 2, 1864. CHAP. CCXIV. - An Act to establish Colfax Street in the City of Washington and Dis- July 2, 1864. trict of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage hereof, the alley, which is sixty feet wide, across square seven hundred Colfax street and twelve, and which connects L and M streets north, and the west line established. of which is two hundred and twelve feet east of the east line of First street east, shall be known as Colfax street. SEC. 2. And be it further enacted, That congress may hereafter, at any time, amend or repeal this act. APPROVED, July 2, 1864. This act may be amended, &c. July 2, 1864. Sentences against guerilla marauders, who may carry into effect. 1863, ch. 75, § 21. Vol. xii. p. 735. Officer ordering court-martial may remit, &c., sentence of court. CHAP. CCXV.- An Act to provide for the more speedy Punishment of Guerilla Marauders, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the twenty-first section of an act entitled "An act for enrolling and calling out the national forces, and for other purposes," approved third March, eighteen hundred and sixty-three, shall apply as well to the sentences of military commissions as to those of courts-martial, and hereafter the commanding general in the field, or the commander of the department, as the case may be, shall have power to carry into execution all sentences against guerilla marauders for robbery, arson, burglary, rape, assault with intent to commit rape, and for violation of the laws and customs of war, as well as sentences against spies, mutineers, deserters, and murderers. SEC. 2. And be it further enacted, That every officer authorized to order a general court-martial shall have power to pardon or mitigate any punishment ordered by such court, including that of confinement in the penitentiary, except the sentence of death, or of cashiering or dismissing an officer, which sentences it shall be competent during the continuance of the present rebellion for the general commanding the army in the field, or the department commander, as the case may be, to remit or mitigate; and 1862, ch. 201, § the fifth section of the act approved July seventeenth, eighteen hundred Vol. xii. p. 598. and sixty-two, chapter two hundred and one, be, and the same is hereby, repealed, so far as it relates to sentences of imprisonment in the penitentiary. Repeal of 5. Soldiers sick in hospital and discharged, but dying in hospital, &c., to be entitled to bounties. SEC. 3. And be it further enacted, That when a soldier sick in hospital shall have been discharged, or shall be discharged, from the military service, but shall be unable to leave, or to avail himself of his discharge, in consequence of sickness or of wounds, and shall subsequently die in such hospital, he shall be deemed to have died in the military service, so far as relates to bounties. APPROVED, July 2, 1864. July 2, 1864. 1862, ch. 120. Vol. xii. p. 489. 1865, ch. 88. Post, p. 504. Shares in capi tal stock of Paci fic Railroad to be $100 each. Number of shares. Directors to hold fifty shares. Part of act of 1862, ch. 120, § 1, repealed. Vol. xii. p. 490. Books of subscription to be kept open in certain cities. CHAP. CCXVI.-An Act to amend 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," approved July first, eighteen hundred and sixty-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the capital stock of the company entitled the Union Pacific Railroad Company, authorized by the act of which this act is amendatory, shall be in shares of one hundred dollars, instead of one thousand dollars, each; that the number of shares shall be one million, instead of one hundred thousand; and that the number of shares which any person shall hold to entitle him to serve as a director in said company (except the five directors to be appointed by government) shall be fifty shares, instead of five shares; and that every subscriber to said capital stock for each share of one thousand dollars, heretofore subscribed, shall be entitled to a certificate for ten shares of one hundred dollars each; and that the following words in section first of said act: "which shall be subscribed for and held in not more than two hundred shares by any one person," be, and the same are hereby, repealed SEC. 2. And be it further enacted, That the Union Pacific Railroad Company shall cause books to be kept open to receive subscriptions to the capital stock of said company, (until the entire capital of one hundred millions of dollars shall be subscribed,) at the general office of said company in the city of New York, and in each of the cities of Boston, Philadelphia, Baltimore, Chicago, Cincinnati, and Saint Louis, at such places as may be designated by the President of the United States, and in such other localities as may be directed by him. No subscription for said stock not to be valid unless, &c. Assessments. shall be deemed valid unless the subscriber therefor shall, at the time of Subscription subscribing, pay or remit to the treasurer of the company an amount per share subscribed by him equal to the amount per share previously paid by the then existing stockholders. The said company shall make assessments upon its stockholders of not less than five dollars per share, and at intervals of not exceeding six months from and after the passage of this act, until the par value of all shares subscribed shall be fully paid; and money only shall be receivable for any such assessment, or as equivalents for any portion of the capital stock hereinbefore authorized. The capital stock of said company shall not be increased beyond the actual cost of said Stock not to be road. And the stock of the company shall be deemed personal property, increased, &c.; and shall be transferable on the books of the company, at the general property. to be personal office of said company in the city of New York, or at such other transfer office as the company may establish. Railroads may take and hold lands necessary SEC. 3. And be it further enacted, That the Union Pacific Railroad Company, and all other companies provided for in this act and the act to which this is an amendment, be, and hereby are, empowered to enter upon, for road, &c. purchase, take, and hold any lands or premises that may be necessary and proper for the construction and working of said road, not exceeding in width one hundred feet on each side of its centre line, unless a greater width be required for the purpose of excavation or embankment; and also any lands or premises that may be necessary and proper for turnouts, standing places for cars, depots, station house[s], or any other structures required in the construction and operating of said road. And each of said companies shall have the right to cut and remove trees or other materials that might by falling encumber its road-bed, though standing or being more than one hundred feet therefrom. And in case the owner or claimant of such lands or premises and such company cannot agree as to the damages, the amount shall be determined by the appraisal of three dis- Damages. interested commissioners, who may be appointed upon application by any party to any judge of a court of record in any of the territories in which the lands or premises to be taken lie; and said commissioners, in their assessments of damages, shall appraise such premises at what would have Appraisement. been the value thereof if the road had not been built; and upon return into court of such appraisement, and upon the payment to the clerk thereof of the amount so awarded by the commissioners for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. And either party feeling aggrieved by said assessment may, within thirty days, file an appeal therefrom, and demand a jury of Appeal from twelve men to estimate the damage sustained; but such appeal shall assessment. not interfere with the rights of said company to enter upon the premises taken, or to do any act necessary in the construction of its road. And said party appealing shall give bonds with sufficient surety or sureties, for the payment of any costs that may arise upon such appeal. And in case the party appealing does not obtain a more favorable verdict, such party shall pay the whole cost incurred by the appellee, as well as its own. And the payment into court for the use of the owner or claimant, of a sum equal to that finally awarded shall be held to vest in said company the title of said land, and the right to use and occupy the same for the construction, maintaining, and operating of the road of said company. And in case any of the lands to be taken as aforesaid shall be heid by any person residing without the territory, or subject to any legal disability, the Damages to court may appoint a proper person who shall give bonds with sufficient land of absent surety or sureties, for the faithful execution of his trust, and who may represent in court the person disqualified or absent as aforesaid, when the same proceeding shall be had in reference to the appraisement of the premises to be taken, and with the same effect as have been already described. And the title of the company to the land taken by virtue of this owners. |