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“That the superintendent of the coinage mints and of the United R. S., $$ 3518States assay office at New York may, with the approval of the Secre- 392

onnroval of the Senro. 3520; 1874, June

22, ch. 419 (í Supp. tary of the Treasury, but not otherwise, receive United States gold coin RS: from any holder thereof in sums of not less than five thousand dollars, May 26, ch. 190 ( 22 and pay and deliver in exchange therefor gold bars in value equaling Stat. L.,97); 1891, such coin so received:

March 3, ch. 541, Provided, That the Secretary of the Treasury may make, in his dis- 927

his dis $3 (1 Supp. R. S., cretion, such exchange without charge, or may impose a charge ---charge distherefor.” [March 3, 1901.]

cretionary.

March 3, 1901. CHAP. 868.-An Act To amend section six, chapter one hundred and nineteen, United 31 Stat. L. 1447 States Statutes at Large numbered twenty-four.

Citizenship acBe it enacted, &c., That section six of chapter one hundred and nine- corded Indians in

e Indian Territory. teen of the United States Statutes at Large numbered twenty-four, 1887. Feb. 8. ch. page three hundred and ninety, is hereby amended as follows, to-wit: 119, $6 (1 Súpp. After the words “ civilized life,” in line thirteen of said section six, R. S., 536).. insert the words “and every Indian in Indian Territory.” [March 3,

1888, Aug. 9, ch. 1901.]

818, § 2 (1 Supp. R. S., 608).

CHAP. 870.-An Act To amend an Act entitled "An Act conferring ca the supreme court March 3, 1901.

of the District of Columbia jurisdiction to take proof of the execution of wills affecting real estate, and for other purposes," approved June eighth, eighteen hundred and

31 Stat. L., 1448. ninety-eight.

Be it enacted, &c., That the Act entitled "An Act conferring on the Dist. Columbia. supreme court of the District of Columbia jurisdiction to take proof Wills affecting of the execution of wills affecting real estate, and for other purposes,"

9 real estate, proof

e purposes of execution. approved June eighth, eighteen hundred and ninety-eight, be, and it 1898, June 8, ch. is hereby, amended by adding thereto three sections, to be designated 394 (2 Supp. R. S., as sections thirteen, fourteen, and fifteen, which will read as follows: 774777).

“SEC. 13. In all cases where it is made to appear to the satisfactionUnknown next of the court that all or any of the next of kin or heirs at law of the of kin or heirs. deceased are unknown, such unknown next of kin or heirs at law may publication of be proceeded against and described in the publication of notice herein- notice. before provided for as 'the unknown next of kin,' or the unknown heirs at law,' as the case may be, of the deceased, and by such publication of such notice under such designation such unknown next of kin and heirs at law shall be as effectually bound and concluded as if known and their names were specifically set forth in said order of publication.

“Sec. 14. In case any will shall have been heretofore admitted to -petition for reprobate upon publication against unknown heirs or next of kin, any probate. person interested may file a petition for further probate of such will, alleging that the heirs at law or next of kin of the deceased, or some of them, as the case may be, are unknown, and upon satisfactory showing being made to the court publication of notice may be made against the unknown next of kin or heirs at law of the deceased, and decree conupon such publication being made, as required by the court, a decree

by the court o derro firming previous

probate. may be made confirming such previous probate, and such decree so made shall be as effectual as if the said heirs at law or next of kin were named in the order of publication.

“SEC. 15. If any will be hereafter held invalid in any action begun Distributees and after distribution made of the property by the executor or executrix not executor an

swerable where in good faith, with the approval of the court, without knowledge on w his or her part of such invalidity and without notice that such action was intended, the distributees of the property, and not such executor or executrix, shall be answerable for the property or its value to the person or persons entitled thereto.” (1) March 3, 1901.] · Note.-(1) The sections above are new and additional to the act of which they are an amendment.

March 3, 1901. CHAP. 871.-An Act To amend section fifty-one hundred and fifty-three of the Revised

Statutes of the United States. 31 Stat. L., 1448.

National bank- Be it enacted, &c., That section fifty-one hundred and fifty-three of the ing associations to Revised Statutes of the United States be amended to read as follows: (1) be depositaries of public moneys.

on “Sec. 5153. All national banking associations, designated for that Substitute for purpose by the Secretary of the Treasury, shall be depositaries of R. S., $ 5153. public money, except receipts from customs, under such regulations -deposit of cus- as may be prescribed

S- as may be prescribed by the Secretary, but receipts derived from toms receipts in Alaska Hawaii duties on imports in Alaska, the Hawaiian Islands, and other (2) islands etc.

under the jurisdiction of the United States may be deposited in such - financial depositaries subject to such regulations; and such depositaries may agents.

also be employed as financial agents of the Government; and they shall perform all such reasonable duties as depositaries of public nioneys

and financial agents of the Government as may be required of them. Bond.

“The Secretary of the Treasury shall require the associations thus designated to give satisfactory security, by the deposit of United States bonds and otherwise, for the safe-keeping and prompt payment of the

public money deposited with them, and for the faithful performance National cur- of their duties as financial agents of the Government. And every rency bills to be association so designated as receiver or depositary of the public money received, etc.

shall take and receive at par all of the national currency bills, by whatever association issued, which have been paid into the Government for internal revenue or for loans or stocks.” [March 3, 1901.]

NOTES.-(1) The amendment of this section consists in the addition of the following, commencing in the fourth line: “but receipts derived from duties on imports in Alaska, the Hawaiian Islands, and other islands under the jurisdiction of the United States may be deposited in such depositaries subject to such regulations."

(2) By 1900, June 6, ch. 797, ante, p. 1443, the Secretary of the Treasury is authorized to designate one or more banks in the Philippine Islands and in the islands of Cuba and Porto Rico in which public moneys might be deposited.

March 3, 1901.

CHAP. 872.-An Act To establish the National Bureau of Standards.(1)

Be it enacted, &c., That the Office of Standard Weights and MeasNational Bureau . of Standards es ures shall hereafter be known as the National Bureau of Standards. tablished.

SEC. 2. That the functions of the bureau shall consist in the custody R. S., $ $ 3548, of the standards; the comparison of the standards used in scientific 3549, 3569.

investigations, engineering, manufacturing, commerce, and educational -functions.

institutions with the standards adopted or recognized by the Government; the construction, when necessary, of standards, their multiples and subdivisions; the testing and calibration of standard measuring apparatus; the solution of problems which arise in connection with standards; the determination of physical constants and the properties of materials, when such data are of great importance to scientific or manufacturing interests and are not to be obtained of sufficient accu

racy elsewhere. - for whom SEC. 3. That the bureau shall exercise its functions for the Governfunctions exer- ment of the United States; for any State or municipal government cised.

within the United States; or for any scientific society, educational institution, firm, corporation, or individual within the United States

engaged in manufacturing or other pursuits requiring the use of stand--requests for ards or standard measuring instruments. All requests for the services services.

of the bureau shall be made in accordance with the rules and regulations herein established.

NOTE.—(1) By 1894, July 12, ch. 131 (2 Supp. R. S., 194), the units of electrical measure are defined and established. See also note thereto for a review of legislation affecting standard weights and measures.

By 1894, August 18, ch. 301, par. 3 (2 Supp. R. S., 253), the Secretary of the Treasury is authorized to replace lost standard weights and measures upon deposit of the cost.

SEC. 4. That the officers and employees of the bureau shall consist Officers and emof a director, at an annual salary of five thousand dollars; one physi- ployees. cist, at an annual salary of three thousand five hundred dollars; one chemist, at an annual salary of three thousand five hundred dollars; two assistant physicists or chemists, each at an annual salary of two thousand two hundred dollars; one laboratory assistant, at an annual salary of one thousand four hundred dollars; one laboratory assistant, at an annual salary of one thousand two hundred dollars; one secretary, at an annual salary of two thousand dollars; one clerk, at an annual salary of one thousand two hundred dollars; one messenger, at an annual salary of seven hundred and twenty dollars; one engineer, at an annual salary of one thousand five hundred dollars; one mechanician, at an annual salary of one thousand four hundred dollars; one watchman, at an annual salary of seven hundred and twenty dollars, and one laborer, at an annual salary of six hundred dollars.

SEC. 5. That the director shall be appointed by the President, by Director, apo and with the advice and consent of the Senate. He shall have the poir

-duties. general supervision of the bureau, its equipment, and the exercise of its functions. He shall make an annual report to the Secretary of the report. Treasury, including an abstract of the work done during the year and a financial statement. He may issue, when necessary, bulletins for —may issue bulpublic distribution, containing such information as may be of value letins. to the public or facilitate the bureau in the exercise of its functions.

Sec. 6. That the officers and employees provided for by this Act, Appointments except the director, shall be appointed by the Secretary of the Treas- to be made by Secury, at such time as their respective services may become necessary.

retary of Treasury. SEC. 7. That the following sums of money are hereby appropriated: Appropriation For the payment of salaries provided for by this Act, the sum of twenty-seven thousand one hundred and forty dollars, or so much thereof as may be necessary; toward the erection of a suitable laboratory, of fireproof construction, for the use and occupation of said bureau, including all permanent fixtures, such as plumbing, piping, wiring, heating, lighting, and ventilation, the entire cost of which shall not exceed the sum of two hundred and fifty thousand dollars, one hundred thousand dollars; for equipment of said laboratory, the sum of ten thousand dollars; for a site for said laboratory, to be approved by the visiting committee hereinafter provided for and purchased by the Secretary of the Treasury, the sum of twenty-five thousand dollars, or so much thereof as may be necessary; for the payment of the general expenses of said bureau, including books and periodicals, furniture, office expenses, stationery and printing, heating and lighting, expenses of the visiting committee, and contingencies of all kinds, the sum of five thousand dollars, or so much thereof as may be necessary, to be expended under the supervision of the Secretary of the Treasury.

SEC. 8. That for all comparisons, calibrations, tests, or investiga- Fees for tests. tions, except those performed for the Government of the United State or State governments within the United States, a reasonable fee shall be charged, according to a schedule submitted by the director and approved by the Secretary of the Treasury.

Sec. 9. That the Secretary of the Treasury shall, from time to time, Regulations. make regulations regarding the payment of fees, the limits of tolerance to be attained in standards submitted for verification, the sealing of standards, the disbursement and receipt of moneys, and such other matters as he may deem necessary for carrying this Act into effect.

Sec. 10. That there shall be a visiting committee of five members, Visiting com. to be appointed by the Secretary of the Treasury, to consist of men mittee. prominent in the various interests involved, and not in the employ of the Government. This committee shall visit the bureau at least once -report. a year, and report to the Secretary of the Treasury upon the efficiency

-no compensa- of its scientific work and the condition of its equipment. The memtion.

bers of this committee shall serve without compensation, but shall be -term.

paid the actual expenses incurred in attending its meetings. The period of service of the members of the original committee shall be so arranged that one member shall retire each year, and the appointments there. after to be for a period of five years. Appointments made to fill vacancies occurring other than in the regular manner are to be made for the remainder of the period in which the vacancy exists. [March 3, 1901.]

era

March 3, 1901. CHAP. 873.–An Act To amend section fifty-five hundred and forty-six of the Revised

Statutes. (1) 31 Stat. L., 1450. Penitentiaries. Be it enacted, &c., That section fifty-five hundred and forty-six of Substitute for the Revised Statutes be amended by adding after the words “any court R. S., $ 5546.

of the United States” the words “including consular courts," and after the words “District or Territory” by adding the words “ or country," and after the words “ where the conviction has occurred” by adding the words and in case of convictions by a consular court the transportation shall be by some properly qualified agent or agents designated by the Department of State, the reasonable actual expense of transportation, necessary subsistence, and hire and transportation of guards and agent or agents to be defrayed from the appropriation for bringing

home criminals;" so as to read: Imprisonment “Sec. 5546. All persons who have been, or who may hereafter be, of convicts of fed- convicted of crime by any court of the United States, including consu

war lar courts, whose punishment is imprisonment in a District or Territory courts.

R. S., $$ 4121- or country where, at the time of conviction or at any time during the 4124.

term of imprisonment, there may be no penitentiary or jail suitable for the confinement of convicts, or available therefor, shall be confined during the term for which they have been or may be sentenced,

or during the residue of said term, in some suitable jail or penitentiary - Attorney-Gen- in a convenient State or Territory, to be designated by the Attorneyeral to designate General, and shall be transported and delivered to the warden or keeper tiary.

eniten of such jail or penitentiary by the marshal of the District or Territory Transportation where the conviction has occurred; and in case of convictions by a conof prisoners by sular court the transportation shall be by some properly qualified agent marshal.

or agents designated by the Department of State, the reasonable actual --by agent of State Department expense of transportation, necessary subsistence, and hire and trans

portation of guards and agent or agents to be defrayed from the appro

priation for bringing home criminals; and if the conviction be had in : --warden of Dis- the District of Columbia, the transportation and delivery shall be by trict of Columbia the won jail.

Dia the warden of the jail of that District, the reasonable actual expense

of transportation, necessary subsistence, and hire and transportation of guards and the marshal, or the warden of the jail in the District of

Columbia only, to be paid by the Attorney-General out of the judiImprisonment in ciary fund. But if, in the opinion of the Attorney-General, the expense

tate where of transportation from any State, Territory, or the District of Columconvicted, etc.

bia in which there is no penitentiary will exceed the cost of maintain

NOTE.—(1) By 1891, March 3, ch.529 (1 Supp. R. S., 908), provision is made for the erection of United States prisons, over which the Attorney-General was to have supervision and control.

By 1895, March 2, ch. 189, par. 13 (2 Supp. R. S., 432), the military prison at Fort Leavenworth is changed to a United States penitentiary, and by 1896, June 10, ch. 400 (2 Supp. R. S., 518), provision was made for a site for the erection of a penitentiary in said reservation.

By 1898, May 17, ch. 340 (2 Supp. R. S., 765), the penitentiary at Fort Smith, Ark., is declared a national prison, and the administration therein to be under rules to be prescribed by the Attorney-General.

See also 1901, March 3, ch. 853, par. 13, ante, p. 1555, relating to the United States penitentiary at Atlanta, Ga.

ing them in jail in the State, Territory, or the District of Columbia during the period of their sentence, then it shall be lawful so to confine them therein for the period designated in their respective sentences. And the place of imprisonment may be changed in any case when, in Place of impristhe opinion of the Attorney-General, it is necessary for the preserva- onment may be tion of the health of the prisoner, or when, in his opinion, the place changed of confinement is not sufficient to secure the custody of the prisoner, or because of cruel and improper treatment:

Provided, however, That no change shall be made in the case of any application for prisoner on the ground of the unhealthiness of the prisoner or because change. of his treatment, after his conviction and during his term of imprisonment, unless such change shall be applied for by such prisoner, or some one in his behalf.” [March 3, 1901.]

CHAP. 881.–An Act To amend an Act entitled "An Act to constitute a new division of the

the

March

March 3, 1901. eastern judicial district of Texas, and to provide for the holding of terms of court at 31 Stat. L., 1458. Sherman, Texas, and for the appointment of a clerk for said court, and for other purposes," approved February nineteenth, nineteen hundred and one. (1)

Be it enacted, &c., That section five of said Act be, and the same is

Eastern judicial hereby, amended to read as follows:

district. “SEC. 5. (2) That the clerk of the circuit court of said eastern dis- Substitrite for trict shall maintain an office, in charge of himself or a deputy, at the 1901, Feb. 19, said city of Sherman, which shall be kept open at all times for the c

for the ch. 382, § 5, ante, transaction of the business of said division; and the district judge for "* Clerk's offices at the said eastern district shall appoint a clerk of the district court who Sherman. sball maintain an office at the said city of Sherman, which shall be kept open at all times for the transaction of the business of said division.” [March 3, 1901.]

NOTES.-(1) See note to 1901, February 19, ch. 382, ante, p. 1486, for a review of legislation affecting the courts and judicial districts of Texas.

(2) The amendment of this section consists in the addition of the matter providing for the appointment of a clerk for the district court.

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