sion.

Penalty for vio- recovered, shall be paid into said sinking-fund. And every lating this provisuch officer, person, or stockholder who shall knowingly vote, declare, make, or pay any such dividend, contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding ten thousand dollars, and by imprisonment not exceeding one year.

Sinking-fund, how to be applied.

Sinking fund to be held for what purpose.

SEC. 7. That the said sinking fund so established and accumulated shall, at the maturity of said bonds so respectively issued by the United States, be applied to the payment and satisfaction thereof, according to the interest and proportion of each of said companies in said fund, and of all interest paid by the United States thereon, and not reimbursed, subject to the provisions of the next section.

SEC. S. That said sinking-fund so established and accumated shall, according to the interest and proportion of said companies respectively therein, be held for the protection, security, and benefit of the lawful and just holders of any mortgage or lien debts of such companies respectively, law. fully paramount to the rights of the United States, and for the claims of other creditors, if any, lawfully chargeable upon the funds so required to be paid into said sinking-fund, according to their respective lawful priorities, as well as for the United States, according to the principles of equity, to the end that all persons having any claim upon said sinkingExisting rights fund may be entitled thereto in due order; but the provisions of this section shall not operate or be held to impair any exist ing legal right, except in the manner in this act provided, of any mortgage, lien, or other creditor of any of said companies respectively, nor to excuse any of said companies respectively from the duty of discharging, out of other funds, its debts to any creditor except the United States.

not to be im

paired.

All sums due to

the United States

companies to be a

property, rights, franchises, &c.

SEC. 9. That all sums due to the United States from any from said railroad of said companies respectively, whether payable presently lien against their or not, and all sums required to be paid to the United States or into the Treasury, or into said sinking-fund under this act, or under the acts herein before referred to, or otherwise, are hereby declared to be a lien upon all the property, estate, rights, and franchises of every description granted or conveyed by the United States to any of said companies respectively or jointly, and also upon all the estate and property, real, personal, and mixed, assets, and income of the said several railroad companies respectively, from whatever source derived, subject to any lawfully prior and paramount Lien not to pre. mortgage, lien, or claim thereon. But this section shall not vant sale, &c., in be construed to prevent said companies respectively from good faith.

using and disposing of any of their property or assets in the ordinary, proper and lawful course of their current business, in good faith and for valuable consideration.

eral to enforce the

act and of the acts

SEC. 10. That it is hereby made the duty of the Attorney Attorney-GenGeneral of the United States to enforce, by proper proceed provision of this ing against the said several railroad companies respectively mentioned in the or jointly, or against either of them, and others, all the preamble. rights of the United States under this act and under the acts herein before mentioned, and under any other act of Congress or right of the United States; and in any suit or proceeding already commenced, or that may be hereafter commenced, against any of said companies, either alone or with other parties, in respect of matters arising under this act, or under the acts or rights herein before mentioned or referred to, it shall be the duty of the court to determine the very right of the matter without regard to matters of form, joinder or parties, multifariousness, or other matters not affecting the substantial rights and duties arising out of the matters and acts herein before stated and referred to. SEC. 11. That if either of said railroad companies shall fail to perform all and singular the requirements of this act to perform the reand of the acts herein before mentioned, and of any other act. act relating to said company, to be by it performed, for the period of six months next after such performance may be due, such failure shall operate as a forfeiture of all the rights, privileges, grants, and franchises derived or obtained by it from the United States; and it shall be the duty of the Attorney-General to cause such forfeiture to be judicially enforced.

Effect of failure of said companies

quirements of the

Right of Cen gress to alter,

reserved.

SEC. 12. That nothing in this act shall be construed or taken in any wise to affect or impair the right of Congress amend, or repeal, at any time hereafter further to alter, amend, or repeal the said acts herein before mentioned; and this act shall be subject to alteration, amendment, or repeal, as, in the opinion of Congress, justice or the public welfare may require. And nothing herein contained shall be held to deny, exclude, or impair any right or remedy in the premises now existing in favor of the United States.

of this act to ve

SEC. 13. That each and every of the provisions in this How provisions act contained shall severally and respectively be deemed, taken. taken, and held as in alteration and amendment of said act of eighteen hundred and sixty-two and of said act of eighteen hundred and sixty-four respectively, and of both said

acts.

Approved, May 7, 1878.

SECTION OF THE REVISED STATUTES RELATING TO THE PACIFIC

RAILROADS.

certain railroads.

ante, p. 234.

RAILWAYS.

Secretary of SEC. 5260. The Secretary of the Treasury is directed to Treasury to withhold payments to withhold all payments to any railroad company and its as3 March, 1873, signs, on account of freights or transportation over their c. 226, 8. 2, vol. 17, respective roads of any kind, to the amount of payments made by the United States for interest upon bonds of the United States issued to any such company, and which shall not have been re-imbursed, together with the five per centum of net earnings due and unapplied, as provided by law.

242

REPEAL PROVISIONS OF THE REVISED STATUTES.

Statutes em

20 June, 1874, c.

SEC. 5595. The foregoing seventy-three titles embrace the What Revised statutes of the United States general and permanent in their brace. nature, in force on the 1st day of December, one thousand 233, v. 18. eight hundred and seventy-three, as revised and consolidated by commissioners appointed under an act of Congress, and the same shall be designated and cited, as The Revised Statutes of the United States.

28 Dec., 1874, c. 9, v. 18.

embraced in re

United States

SEC. 5596. All acts of Congress passed prior to said first Repeal of acts day of December one thousand eight hundred and seventy- vision. three, any portion of which is embraced in any section of v.Jordan, 2 Low., said revision, are hereby repealed, and the section appli- 537. cable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision, having been repealed or superseded by subsequent acts, or not being general and permanent in their nature: Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appropriations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal, or in any way affect any appropriation, or any provision of a private, local or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last-named day no part of which are embraced in said revision, shall not be affected or changed by its enactment.

reserved.

SEC. 5597. The repeal of the several acts embraced in said Accrued rights revision, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made; nor shall said repeal, in any manner affect the right to any office, or change the term or tenure thereof.

SEC. 5598. All offenses committed, and all penalties or Prosecutions and punishforfeitures incurred under any statute embraced in said re- ments. vision prior to said repeal, may be prosecuted and punished in the same manner and with the same effect, as if said repeal had not been made.

SEC. 5599. All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, em

243

Acts of limita

tion.

Arrangement and classification of sections.

Acts passed since Dec. 1, 1873, not affected.

84, v. 18, ante, p. 213.

3 Mar., 1875, c. 130, s. 9, v. 18.

braced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings or prosecu tions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made.

SEC. 5600. The arrangement and classification of the several sections of the revision have been made for the purpose of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the Title, under which any particular section is placed.

SEC. 5601. The enactment of the said revision is not to affect or repeal any act of Congress passed since the 1st day 18 Feb., 1875, c. of December one thousand eight hundred and seventy-three, and all acts passed since that date are to have full effect as if passed after the enactment of this revision, and so far as such acts vary from, or conflict with any provision contained in said revision, they are to have effect as subsequent statutes, and as repealing any portion of the revision inconsistent therewith.

Approved, June 22, 1874.