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annually, on the first Mondays of April and November; and he shall, in all things, have and exercise the same jurisdiction and powers which were by law, given to the judge of the Kentucky Act of 1789, c. district under the act entitled “An act to establish the judicial ; vol. 1, p. courts of the United States.” He shall appoint a clerk for the “” said district court, who shall reside and keep the records of the court at the place of holding the same; and shall receive for the services performed by him, the same fees to which the clerk of the Kentucky district is entitled for similar services. § 5. And be it further enacted, That there shall be allowed to Salary of the the judge of the said district court, the annual compensation of jog". two thousand dollars, to commence from the date of his appoint§. to be paid quarter-yearly at the treasury of the United tates. § 6. And be it further enacted, That there shall be appointed in Attorney to the said district, a person learned in the law, to act as attorney be appointed. for the United States, who shall, in addition to his stated fees, be paid by the United States two hundred dollars, as a full compensation for all extra services. § 7. And be it further enacted, That a marshal shall be ap-Marshal. pointed for the said district who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; and he shall moreover, be entitled to the sum of two hundred dollars annually, as a compensation for all extra services. § 8. And be it further enacted, That the state of Arkansas is Public lands admitted into the Union upon the express condition, that the peo- it.” ple of the said state shall never interfere with the primary dispo- stat.” sal of the public lands within the said state, nor shall they levy a tax on any of the lands of the United States within the said state; and nothing in this act shall be construed as an assent by Congress to all or to any of the propositions contained in the ordinance of the said convention of the people of Arkansas, nor to deprive the said state of Arkansas of the same grants, subject to the same restrictions, which were made to the state of Missouri by virtue of an act entitled “An act to authorise the people of Act of 1820, the Missouri territory to form a constitution and state govern- o vol. 3. p. ment, and for the admission of such state into the Union, on an * equal footing with the original states, and to prohibit slavery in certain territories,” approved the sixth day of March, one thousand eight hundred and twenty. [Approved, June 15th, 1836.]
CHAP. 115. An act to regulate the deposites of the public money.
§ 1. Be it enacted, &c. That it shall be the duty of the secretary Secretary of
of the treasury to select as soon as may be practicable and em- . treasury - - - - select
ploy as the depositories of the money of the United States, such .
be employed as a deposite bank, and within which the public col
lections or disbursements require a depository, the said secretary may make arrangements with a bank or banks, in some other state, territory or district, to establish an agency, or agencies, in the states, territories or districts so destitute of banks, as banks of deposite; and to receive through such agencies such deposites of the public money, as may be directed to be made at the points designated, and to make such disbursements as the public service may require at those points; the duties and liabilities of every bank thus establishing any such agency to be the same in respect to its agency, as are the duties and liabilities of deposite banks Proviso. so under the o: of this act: Provided, That at . east one such bank shall be selected in each state and territory, if any can be found in each state and territory willing to be employed as depositories of the public money, upon the terms and conditions hereinafter prescribed, and continue to conform thereto ; and that the secretary of the treasury shall not suffer to remain in any deposite bank, an amount of the public moneys more than equal to three-fourths of the amount of its capital stock actually paid in, for a longer time than may be necessary to enable him to make the transfers required by the twelfth section of this act; and that the banks so selected, shall be in his opinion, safe depositories of the public money, and shall be willing to undertake to do and perform the several duties and services, and to conform to the several conditions prescribed by this act. Where there $ 2. And be it further enacted, That if, at any point or place at o,” which the public revenue may be collected, there shall be no bank ...tary ap. located, which, in the opinion of the secretary of the treasury is proves, or in a safe condition, or where all the banks at such point or place . o: shall fail or refuse to be employed as depositories of the public i. i., money of the United States, or to comply with the conditions made at some prescribed by this act, or where such banks shall not have suffiplate adja cient capital to become depositories of the whole amount of cent. moneys collected at such point or place, he shall and may order and direct the public money collected at such point or place to be deposited in a bank or banks in the same state, or in some one or more of the adjacent states upon the terms and conditions hereProviso. inafter prescribed: Provided, That nothing in this act contained shall be so construed as to prevent Congress at any time from passing any law, for the removal of the public money from any of the said banks, or from changing the terms of deposite or to !. the said banks at any time from declining any longer to e the depositories of the public money upon paying over, or tendering to pay, the whole amount of public moneys on hand, according to the terms of its agreement with the said secretary. Banks to fur- $ 3. And be it further enacted, That no bank shall hereafter be *::::::: selected and employed by the secretary of the treasurer as a deposcopy for itory of the public money, until such bank shall have first furnishter, &c., ed to the said secretary a statement of its condition and business, a list of its directors, the current price of its stock; and also a copy of its charter; and likewise, such other information as may be necessary to enable him to #. the safety of its condition. §4. And be it further enacted, ' the said banks, before they shall be employed as the depositories of the public money, shall
agree to receive the same, upon the following terms and condi-
from to time, as often as he may require, not exceeding once a .
week, statements setting forth its condition and business, as pre-
Terms to be agreed to by the banks.
credit of the treasurer of the United States, and to pay all checks,' .
warrants, or drafts, drawn on such deposities, in specie if required
Banks issuing notes less than five dollars not to be selected.
Secretary may require security.
Secretary authorised to enter into contracts.
No bank selected to be discontinued but for certain Causes.
§ 8. And be it further enacted, That no bank which shall be selected or employed as the place of deposite of the public money, shall be discontinued as such depository, or the public mone withdrawn therefrom, except for the causes hereinafter mentioned, that is to say: if at any time, any one of said banks shall fail or refuse to perform any of said duties as prescribed by this act, and stipulated to be performed by its contract; or, if any of said banks shall at any time refuse to pay its own notes in specie if demanded; or shall fail to keep in its vaults such an amount of specie as shall be required by the secretary of the treasury, and shall be, in his opinion, necessary to render the said bank a safe depository of the public moneys, having due regard to the nature of the business transacted by the bank; in any and every such case it shall be the duty of the secretary of the treasury to discontinue any such bank as a depository, and withdraw from it the public moneys which it may hold on deposite at the time of such discontinuance. And in case of the discontinuance of any of said banks, it shall be the duty of the secretary of the treasury to report to Congress
immediately if in session, and if not in session, then at the com
mencement of its next session, the facts and reasons which have
actually paid in, the banks shall allow, and pay to the United States, for the use of the excess of the deposites over the onefourth part of its capital, an interest at the rate of two per centum
per annum, to be calculated for each quarter, upon the average excesses of the quarter; and it shall be the duty of the secretary of the treasury at the close of each quarter, to cause the amounts on deposite in each deposite bank for the quarter, to be examined and ascertained, and to see that all sums of interest accruing under the provisions of this section, are by the banks respectively passed to the credit of the treasurer of the United States, in his accounts with the respective banks.
§ 12. And be it further enacted, That all warrants or orders Transfers un
for the purpose of transferring the public funds from the banks in
der certain cases declared
The surplus in treasury
$5,000,000, to be deposited with the several states.