text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1055

 80 STAT. ]

PUBLIC LAW 89-691-OCT. 15, 1966

regard to section 201 or any other requirements of the Foreign Assistance Act of 1961, as amended. Administrative expenses: For expenses authorized by section 637 (a), $55,813,500. Administrative and other expenses: For expenses authorized by section 637(b) of the Foreign Assistance Act of 1961, as amended, and by section 305 of the Mutual Defense Assistance Control Act of 1951, as amended, $3,255,000. Unobligated balances as of June 30, 1966, of funds heretofore made available under the authority of the Foreign Assistance Act of 1961, as amended, except as otherwise provided by law, are hereby continued available for the fiscal year 1967, for the same general purposes for which appropriated and amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Mutual Security Act of 1954, as amended, and the Foreign Assistance Act of 1961, as amended, for the same general purpose as any of the subparagraphs under "Economic Assistance" are hereby continued available for the same period as the respective appropriations in such subparagraphs for the same general purpose: Provided, That such purpose relates to a project or program previously justified to Congress and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to the reobligation of funds for such projects or programs.

1019

Ante, p. 808,

22 USC" 23^97 ^ ^^-'^ ^^^-^

^^ us^c"2'oo'* 75^stat^46o^^' 22 USC 1750 ^' ^^'^^ congre^ssrona" °^ committees.

MILITARY ASSISTANCE

Military assistance: For expenses authorized by section 504(a) of the Foreign Assistance Act of 1961, as amended, including administrative expenses authorized by section 636(g)(1) of such Act, which shall not exceed $23,000,000 for the current fiscal year, and purchase of passenger motor vehicles for replacement onlv for use outside the United States, $792,000,000: Provided, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States.

^"'^' P- ^°2. 22 us^c'2*3^95

GENERAL PROVISIONS 101. None of the funds herein appropriated (other than funds FI°°«I control appropriated under the authorization for "International organiza- programsTet'c°" tions and programs") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used m determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America as per memorandum of the President dated May 15, 1962. SEC. 102. Obligations made from funds herein appropriated for engi- Engineering and neerin^ and architectural fees and services to any individual or group ^ees^re'^^rs of engineering and architectural firms on any one project in excess of to congression$25,000 shall be reported to the Committees on Appropriations of the al committees. Senate and House of Representatives at least twice annually. SEC. 103. Except for the appropriations entitled "Contingency Restrictions. Fund", "Alliance for Progress, development loans", and "Development loans", not more than 20 per centum of any appropriation item made available by this title shall be obligated and/or reserved during the last month of availability. SEC. 104. None of the funds herein appropriated nor any of-the counterpart funds generated as a result of assistance hereunder or SEC.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1056

 1020

Seating of Communist China in U.N., opposition.

59 Stat. 1031.

R a c i a l or religious d i s crimination.

Restriction on assistance to countries. 75 Stat. 424. 22 USC 2151 note.

65 Stat. 645. 22 USC 16111611d.

Procurement outside U.S., reports to congressional committees.

75 Stat. 4 3 9. 22 USC 2354.

Furnishing strategic materials to communist n a t i o n s, prohibition.

PUBLIC LAW 89-691-OCT. 15, 1966

[80 STAT.

any prior Act shall be used to pay pensions, annuities, retirement pay or adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country. SEC. 105. The Congress hereby reiterates its opposition to the seating in the United Nations of the Communist China regime as the representative of China, and it is hereby declared to be the continuing sense of the Congress that the Communist regime in China has not demonstrated its willingness to fulfill the obligations contained in the Charter of the United Nations and should not be recognized to represent China in the United Nations. I n the event of the seating of representatives of the Chinese Communist regime in the Security Council or General Assembly of the United Nations the President is requested to inform the Congress insofar as is colnpatible with the requirements of national security, of the implications of this action upon the foreign policy of the United States and our foreign relationships, including that created by membership in the United Nations, together with any recommendations which he may have with respect to the matter. SEC. 106. I t is the sense of Congress that any attempt by foreign nations to create distinctions because of their race or religion among American citizens in the granting of personal or commercial access or any other rights otherwise available to United States citizens generally is repugnant to our principles; and in all negotiations between the United States and any foreign state arising as a result of funds appropriated under this title these principles shall be applied as the President may determine. SEC. 107. (a) No assistance shall be furnished under the Foreign Assistance Act of 1961, as amended, to any country which sells, furnishes, or permits any ships under its registry to carry to Cuba, so long as it is governed by the Castro regime, in addition to those items contained on the list maintained by the Administrator pursuant to title I of the Mutual Defense Assistance Control Act of 1951, as amended, any arms, ammunition, implements of war, atomic energy materials, or any other articles, materials, or supplies of primary strategic significance used in the production of arms, ammunition, and implements of war or of strategic significance to the conduct of war, including petroleum products. (b) No economic assistance shall be furnished under the Foreign Assistance Act of 1961, as amended, to any country which sells, furnishes, or permits any ships under its registry to carry items of economic assistance to Cuba, so long as it is governed by the Castro regime, or to North Vietnam. SEC. 108. Any expenditure made from funds provided in this title for procurement outside the United States of any commodity in bulk and in excess of $100,000 shall be reported to the Committees on Appropriations of the Senate and the House of Representatives at least twice annually: Provided, That each such report shall state the reasons for which the President determined, pursuant to criteria set forth in section 604(a) of the Foreign Assistance Act of 1961, as amended, that foreign procurement will not result in adverse effects upon the economy of the United States or the industrial mobilization base which outweigh the economic or other advantages to United States of less costly procurement outside the United States. SEC. 109, (a) No assistance shall be furnished to any nation, whose government is based upon that theory of government known as communism under the Foreign Assistance Act of 1961, as amended, for any arms, ammunition, implements of war, atomic energy materials, or any articles, materials, or supplies, such as petroleum, transportation materials of strategic value, and items of primary strategic significance used in the production of arms, ammunition, and implements

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:Descent of Man 1875.djvu/177

Rh served them as formidable weapons. At a much earlier period the uterus was double; the excreta were voided through a cloaca; and the eye was protected by a third eyelid or nictitating membrane. At a still earlier period the progenitors of man must have been aquatic in their habits; for morphology plainly tells us that our lungs consist of a modified swim-bladder, which once served as a float. The clefts on the neck in the embryo of man show where the branchiæ once existed. In the lunar or weekly recurrent periods of some of our functions we apparently still retain traces of our primordial birthplace, a shore washed by the tides. At about this same early period the true kidneys were replaced by the corpora wolffiana. The heart existed as a simple pulsating vessel; and the chorda dorsalis took the place of a vertebral column. These early ancestors of man, thus seen in the dim recesses of time, must have been as simply, or even still more simply organised than the lancelet or amphioxus.

There is one other point deserving a fuller notice. It has long been known that in the vertebrate kingdom one sex bears rudiments of various accessory parts, appertaining to the reproductive system, which properly belong to the opposite sex; and it has now been ascertained that at a very early embryonic period both sexes possess true male and female glands. Hence some remote progenitor of the whole vertebrate kingdom appears to have been hermaphrodite or androgynous. But here we encounter a singular difficulty. In the mammalian class the males possess rudiments of a uterus with the adjacent passage, in their vesiculæ prostaticæ; they bear also rudiments of mammæ, and some male Marsupials have traces of a marsupial sack. Other analogous facts could be added. Are we, then, to suppose that some extremely ancient mammal continued androgynous, after it had acquired the chief distinctions of its class, and therefore after it had diverged from the lower classes of the vertebrate kingdom? This seems very improbable, for we have to look to fishes, the lowest of all the classes, to find any still existent androgynous forms. That various accessory parts,

title: Page:Descent of Man 1875.djvu/177


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1057

 80 STAT. ]

PUBLIC LAW 89-691-OCT. 15, 1966

1021

of war, contained on the list maintained by the Administrator pursuant to title I of the Mutual Defense Assistance Control Act of 1951, as amended. _ ^ . 2 2 us^c fen*(b) No economic assistance shall be furnished to any nation whose leiid. government is based upon that theory of government known as com- Economic assistmunism under the Foreign Assistance Act of 1961, as amended (except a^"deter^minatTon. section 214(b)), unless the President determines that the withholding 22 USC 2174. of such assistance would be contrary to the national interest and reports gresIionaTco^-" such determination to the Foreign Affairs and Appropriations Com- mittees. mittees of the House of Representatives and Foreign Relations and Appropriations Committees of the Senate. Reports made pursuant pe^e^i^R^grster. to this subsection shall be published in the Federal Register within seven days of submission to the committees and shall contain a statement by the President of the reasons for such determination. SEC. 110. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, 22 us^c 2151'note as amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. SEC. 111. None of the funds appropriated or made available by this pioyed^outsld^ or any predecessor Act for the years subsequent to fiscal year 1962 u.s., loyaity infer carrying out the Foreign Assistance Act of 1961, as amended, may ^^^'igations. be used on or after 60 days from the date of enactment of this Act to make payments with respect to any contract for the performance of services outside the United States by United States citizens unless the President shall have promulgated regulations that provide for the investigation of such citizens for loyalty and security to the extent necessary to protect the security and other interests of the United States: Provided, That such regulations shall require that any such United States citizen who will have access, in connection with the performance of such services, to information or material classified for security reasons shall be subject to such investigation as may otherwise be provided by law and executive order. SEC. 112. None of the funds appropriated or made available under u s^^"^rov'a°i'^^*' this Act for carrying out the Foreign Assistance Act of 1961, as " " amended, may be used to make payments with respect to any capital project financed by loans or grants from the United States w'here the United States has not directly approved the terms of the contracts and the firms to provide engineering, procurement, and construction services on such projects. SEC. 113. Of the funds appropriated or made available pursuant to this Act not more than $10,000,000 may be used during the fiscal year ending June 30, 1967, in carrying out section 241 of the Foreign Assistance Act of 1961, as amended. yy^stat! 3'82!^' SEC. 114. None of the funds appropriated or made available pur- 22 USC 2201. suant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations. SEC. 115. None of the funds made available by this Act for carry- underdeveloped ^

^

countriGs con*"

mg out the Foreign Assistance Act of 1961, as amended, may be obli- stmction work. gated on or after April 30, 1964, for financing, in whole or in part, the direct costs of any contract for the construction of facilities and installations in any underdeveloped country, unless the President shall, on or before such date, have promulgated regulations designed to assure, to the maximum extent consistent with the national interest and the avoidance of excessive costs to the United States, that none of the funds made available by this Act and thereafter obligated shall be 65-300 0-67—67

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1058

 1022

Restriction on assistance. North Vietnam.

United Arab Republic.

Iron and s t e e l products for Vietnam, procurement restriction.

PUBLIC LAW 89-691-OCT. 15, 1966

used to finance the direct costs under such contracts for construction work performed by persons other than qualified nationals of the recipient country or qualified citizens of the United States: Provided, however, That the President may waive the application of this amendment if it is important to the national interest. SEC. 116. No assistance shall be furnished under the Foreign Assistance Act of 1961, as amended, to any country that sells, furnishes, or permits any ships under its registry to carry to North Vietnam any of the items mentioned in subsection 107(a) of this Act. SEC. 117. None of the funds appropriated or made available in this Act for carrying out the Foreign Assistance Act of 1961, as amended, shall be available for assistance to the United Arab Republic, unless the President determines that such availability is essential to the national interest of the United States. SEC. 118. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to finance the procurement of iron and steel products for use in Vietnam containing any component acquired by the producer of the commodity, in the form in which imported into the country of production, from sources other than the United States or a country designated as a limited free world country by code number 901 in the September 1964 Geographic Code Book compiled by the Agency for International Development, and at a total cost (delivered to the point of production) that amounts to more than 10 per centum of the lowest price (excluding the cost of ocean transportation and marine insurance) at which the supplier makes the commodity available for export sale (whether or not financed by the Agency for International Development). TITLE II—FOREIGN ASSISTANCE F U N D S APPROPRIATED TO THE PEACE

22 USC 2501 note.

[80 STAT.

(OTHER)

PRESIDENT

CORPS

For expenses necessary to enable the President to carry out the provisions of the Peace Corps Act (75 Stat. 612), as amended, including purchase of not to exceed five passenger motor vehicles for use outside the United States, $110,0{)OjOOO, of which not to exceed $24,500,000 shall be available for administrative expenses. DEPARTMENT OF THE ARMY—CIVIL FUNCTIONS R Y U K Y U ISLANDS, A R M Y ADMINISTRATION

60 Stat, 810.

For expenses, not otherwise provided for, necessary to meet the responsibilities and obligations of the United States in connection with the government of the Ryukyu Islands, as authorized by the Act of July 12, 1960 (74 Stat. 461), as amended (76 Stat, 742); services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), of individuals not to exceed ten in number; not to exceed $4,000 for contingencies for the High Commissioner, to be expended in his discretion; hire of passenger motor vehicles and aircraft; purchase of four passenger motor vehicles, for replacement only; and construction, repair, and maintenance of buildings, utilities, facilities, and appurtenances; $14,893,000^ of which not to exceed $2,893,000 shall be available for administrative and information expenses: Provided, That expenditures from this appropriation may be made outside continental

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1059

 80 STAT. ]

PUBLIC LAW 89-691-0CT. 15, 1966

1023

United States when necessary to carry out its purposes, without regard to sections 355 and 3648, Revised Statutes, as amended, section 4774(d) 3 j'^us^^ 529"' of title 10, United States Code, civil service or classification laws, or 70A Stat. 269. provisions of law prohibiting payment of any person not a citizen of the United States: Provided further, That funds appropriated hereunder may be used, insofar as practicable, and under such rules and regulations as may be prescribed by the Secretary of the Army to pay ocean transportation charges from United States ports, including territorial ports, to ports in the Eyukyus for the movement of supplies donated to, or purchased by. United States voluntary nonprofit relief agencies registered with and recommended by the Advisory Committee on Voluntary Foreign Aid or of relief packages consigned to individuals residing in such areas: Provided further, That the President may transfer to any other department or agency any function or functions provided for under this appropriation, and there shall be transferred to any such department or agency, without reimbursement and without regard to the appropriation from which procured, such property as the Director of the Bureau of the Budget shall determine to relate primarily to any function or functions so transferred: Provided further, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. PRETRUATY CLAIMS

For payments authorized by the Act of October 27, 1965 (Public Law 89-296), $21,040,000, to remain available for two years from the effective date of this Act.

79 Stat. 1071,

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ASSISTANCE TO REFUGEES IN THE UNITED STATES

For expenses necessary to carry out the provisions of the Migration and Refugee Assistance Act of 1962 (Public Law 87-510), relating to aid to refugees wuthin the United States, including hire of passenger motor vehicles, and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $51,000,000. For further reimbursement of expenses incurred by Dade County, Florida, in carrying out the pro\'isions of the Migration and Refugee Assistance Act of 1962 (Public Law 87-510), relating to aid to refugees within the United States, or in otherwise providing aid to refugees within the United States $1,032,997, to be derived from balances of prior year appropriations under this head.

76 Stat. 1 2 1. 22 USC 2601 note. 60 Stat. 810.

DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); allowances as authorized by the Overseas Differentials and Allowances Act (5 U.S.C. 3031-3039); hire of passenger motor vehicles; and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); $6,050,000, of which not to exceed $5,050,000

^° ^^^\' ^^^• 74 Stat. 60 Stat. 810.

�


text:
Page:Descent of Man 1875.djvu/178

162 proper to each sex, are found in a rudimentary condition in the opposite sex, may be explained by such organs having been gradually acquired by the one sex, and then transmitted in a more or less imperfect state to the other. When we treat of sexual selection, we shall meet with innumerable instances of this form of transmission,—as in the case of the spurs, plumes, and brilliant colours, acquired for battle or ornament by male birds, and inherited by the females in an imperfect or rudimentary condition.

The possession by male mammals of functionally imperfect mammary organs is, in some respects, especially curious. The Monotremata have the proper milk-secreting glands with orifices, but no nipples; and as these animals stand at the very base of the mammalian series, it is probable that the progenitors of the class also had milk-secreting glands, but no nipples. This conclusion is supported by what is known of their manner of development; for Professor Turner informs me, on the authority of Kölliker and Langer, that in the embryo the mammary glands can be distinctly traced before the nipples are in the least visible; and the development of successive parts in the individual generally represents and accords with the development of successive beings in the same line of descent. The Marsupials differ from the Monotremata by possessing nipples; so that probably these organs were first acquired by the Marsupials, after they had diverged from, and risen above, the Monotremata, and were then transmitted to the placental mammals. No one will suppose that the Marsupials still remained androgynous, after they had approximately acquired their present structure. How then are we to account for male mammals possessing mammæ? It is possible that they were first developed in the females and then transferred to the males; but from what follows this is hardly probable.

title: Page:Descent of Man 1875.djvu/178


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1060

 1024

PUBLIC LAW 89-691-OCT. 15, 1966

[80 STAT.

shall remain available until December 31, 1967: Provided, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere. F U N D S APPROPRIATED TO THE PRESIDENT INVESTMENT IN INTER-AMERICAN DEVELOPMENT BANK

For subscription to the Inter-American Development Bank for the third installment of the United States share in the increase in the resources of the Fund for Special Operations of the Bank, $250,000,000, to remain available until expended. SUBSCRIPTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment of the second installment of the supplementary contributiong of the United States to the International Development Association, $104,000,000, to remain available until expended. TITLE III — E X P O R T - I M P O R T BANK O F

61 Stat. 584. 31 USC 849.

WASHINGTON

The Export-Import Bank of Washington is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided. LIMITATION ON OPERATING EXPENSES

Not to exceed $2,108,241,000 (of which not to exceed $1,330,000,000 shall be for equipment and services loans) shall be authorized during the current fiscal year for other than administrative expenses. LIMITATION ON ADMINISTRATIVE EXPENSES

60 Stat. 810.

crfdu^ro c°om-^ munist count"on^' '^^^'"'"

Not to exceed $4,134,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including services as authorized by section 15 of the Act of August 2, 1945 (5 XJ.S.C. 55a), and not to exceed $9,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof. Nouc of the funds made available because of the provisions of this title shall be used by the Export-Import Bank to either guarantee the payment of any obligation hereafter incurred by any Communist

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1061

 80 STAT. ]

PUBLIC LAW 89-692-OCT. 15, 1966

country (as defined in section 620(f) of the Foreign Assistance Act of 1961, as amended) or any agency or national thereof, or in any other way to participate in the extension of credit to any such country, agency, or national, in connection with the purchase of any product hj such country, agency, or national, except when the President determines that such guarantees would be in the national interest and reports each such determination to the House of Representatives and the Senate within 30 days after such determination.

1025 76 Stat. 2 6 1. 22 USC 2370.

Report to °"s''^^^'

TITLE IV—GENERAL PROVISIONS SEC. 401. No part of any appropriation contained in this Act shall Publicity or be used for publicity or propaganda purposes within the United States P''°P^^^" ^• not heretofore authorized by the Congress. SEC. 402. None of the funds herein appropriated shall be used for Ginerai'*F'orei n expenses of the Inspector General, Foreign Assistance, after the Assist^nce!*^^'^" expiration of the thirty-five day period which begins on the date the Expenses. General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in the custody or control of the Inspector General, Foreign Assistance, relating to any review, inspection, or audit arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing. SEC. 403. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 404. Effective October 1, 1966, the Majority Leader of the Sen- secreflryf §imi'^ ate is authorized to fix the gross compensation of the Secretary for the pensation' inMajority at not to exceed $25,611.05 per annum so long as the position is held by the present incumbent. short title. This Act may be cited as the "Foreign Assistance and Related Agencies Appropriation Act, 1967." Approved October 15, 1966.

Public Law 89-692 ^ ^

^•^'^

To continue for a teuiix)rary period certain existing rules relating to the deductibility of accrued vacation pay.

October 15, 1966

[H. R. 16774]

Be if enacted by the Senate and House of Repre^ientatives of the Vn'tted IState>i of America in Congress assembled. That section 97 of the Technical Amendments Act of 1958, as amended (26 LT.S.C, sec. 162, note), is amended by striking out "January 1, 1967," and inserting in 7g'stat^V6\^^^' lieu thereof "January 1, 1969,". Approved October 15, 1966.

�


text:
Page:Descent of Man 1875.djvu/179

Rh It may be suggested, as another view, that long after the progenitors of the whole mammalian class had ceased to be androgynous, both sexes yielded milk, and thus nourished their young; and in the case of the Marsupials, that both sexes carried their young in marsupial sacks. This will not appear altogether improbable, if we reflect that the males of existing syngnathous fishes receive the eggs of the females in their abdominal pouches, hatch them, and afterwards, as some believe, nourish the young; —that certain other male fishes hatch the eggs within their mouths or branchial cavities;—that certain male toads take the chaplets of eggs from the females, and wind them round their own thighs, keeping them there until the tadpoles are born;—that certain male birds undertake the whole duty of incubation, and that male pigeons, as well as the females, feed their nestlings with a secretion from their crops. But the above suggestion first occurred to me from mammary glands of male mammals being so much more perfectly developed than the rudiments of the other accessory reproductive parts, which are found in the one sex though proper to the other. The mammary glands and nipples, as they exist in male mammals, can indeed hardly be called rudimentary; they are merely not fully developed, and not functionally active. They are sympathetically affected under the influence of certain diseases, like the same organs in the female. They often secrete a few drops of milk at birth and at puberty: this latter fact occurred in the curious case before referred to, where a young man possessed two pairs of mammæ. In man and some other male mammals these organs have been known occasionally to become so well developed during maturity as to yield a fair supply of milk. Now if we suppose that during a former prolonged period male mammals aided the females in nursing their offspring, and that afterwards from some cause (as from the production of a smaller number of young) the males ceased to give this aid, disuse of the organs during maturity would lead to their becoming inactive; and from two well-known principles of inheritance, this state of inactivity would probably be transmitted to the males at the corresponding age of maturity. But at an earlier age these

title: Page:Descent of Man 1875.djvu/179


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1062

 1026

PUBLIC LAW 89-693-OCT. 15, 1966

[80

STAT.

Public Law 89-693 October 15, 1966 [H.R. 16813]

Atomic Energy Commission, Land acquisition in N. Mex.

AN ACT To transfer to the Atomic Energy Commission complete administrative control of approximately seventy-eight acres of public domain land located in the Otowi section near Los Alamos County.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all land and interests in land owned by the United States within the boundaries described below and located in the county of Santa Fe, State of New Mexico, containing approximately seventy-eight acres, are hereby transferred, without reimbursement or transfer of funds, to the Atomic Energy Commission. The Atomic Energy Commission shall exercise administrative control over all land and interests in land transferred to the Atomic Energy Commission by this Act, notwithstanding the manner of their acquisition by the United States or their status at any time prior to the effective date of this Act. A certain tract of land situated in sections 7 and 18, township 19 north, range 7 east. New Mexico principal meridian, Santa Fe County, New Mexico, which tract is described as follows: Beginning at the northwest corner of the parcel herein described, said northwest corner being a point on the county line common to Los Alamos and Sante F e Counties, New Mexico, which is identified as angle point numbered 1, and which has New Mexico State plane coordinates X equal to 501,333.75 and Y equal to 1,778,638.44; from angle point numbered 1, the westerly section corner between section 7 and 18, township 19 north, range 7 east. New Mexico principal meridian (U.S.G.L.O. brass cap in place), which has New Mexico State plane coordinates X equal to 501,202.94 and Y equal to 1,777,592.78, bears south 07 degrees 04 minutes 35 seconds west, 1,054.15 feet distance: Thence, south 54 degrees 08 minutes 20 seconds east, 1,380.23 feet distance to angle point numbered 2: thence, south 42 degrees 29 minutes 43 seconds east, 1,538.98 feet distance to angle point numbered 3; thence, south 53 degrees 11 minutes 59 seconds west, 659.70 feet distance to angle point numbered 4; thence, south 89 degrees 13 minutes 21 seconds west, 1,179.64 feet distance to angle point numbered 5; thence, north 86 degrees 48 minutes 43 seconds west, 746.75 feet distance to quarter corner section 13, township 19 north, range 6 east; thence, north 07 degrees 27 minutes 15 seconds east, 1,277.64 feet distance to the corner between sections 7 and 18 described above; thence, north 07 degrees 04 minutes 35 seconds east, 1,054.15 feet distance to the point of beginning. The above-described tract contains 78.1 acres more or less. The bearings of the preceding description are based on a local grid which conforms to the local grid bearing system used for eastern area subdivision numbered 1, filed for record with the clerk of Los Alamos County, New Mexico, on April 13, 1965, under document numbered 3924 in book 1 of plats at page 55. On the local grid north 00 degrees 00 minutes 00 seconds east is equal to north 00 degrees 01 minutes 36 seconds east on the New Mexico State plane grid, control zone. The distance scale factor from the local grid to the New Mexico State plane grid is 0.999553. Approved October 15, 1966.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1063

 80 STAT. ]

PUBLIC LAW 89-694-OCT. 15, 1966

1027

Public Law 89-694 ^ ^ ^^^ October IS, 1966 To authorize the establishment and operation by Gallaudet College of a model [H. R. 17190] secondary school for the deaf to serve the National Capital region.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may school fo^r^t^hT'^^'^^ be cited as the "Model Secondary School for the Deaf Act". Dea^°Ac°'^ AUTHORIZATION OF APPROPRIATIONS

SEC. 2. For the purpose of providing day and residential facilities for secondary education for persons who are deaf in order to prepare them for college and other advanced study, and to provide an exemplary secondary school program to stimulate the development of similarly excellent programs throughout the Nation, there are authorized to be appropriated for each fiscal year such sums as may be necessary for the establishment and operation, including construction and equipment, of a model secondary school for the deaf to serve primarily residents of the District of Columbia and of nearby States, including sums necessary for the construction of buildings and other facilities for the school. DEFINITIONS

SEC. 3. As used in this Act— (a) The term "Secretary" means the Secretary of Health, Education, and Welfare. (b) The term "construction" includes construction and initial equipment of new buildings, expansion, remodeling, and alteration of existing buildings and equipment thereof, including architect'services, but excluding off-site improvements. (c) The term "secondary school" means a school which provides education in grades nine through twelve, inclusive. A G R E E M E N T WITH GALLAUDET COLLEGE TO ESTABLISH MODEL SECONDARY SCHOOL

SEC. 4. (a) The Secretary, after consultation with the National Advisory Committee on Education of the Deaf (created by Public Law 89-258, 42 U.S.C. 2495) is authorized to enter into an agreement ^9 Stat. 984. with Gallaudet College for the establishment and operation, including construction and equipment of a model secondary school for the deaf to serve primarily residents of the District of Columbia and of nearby States. (b) The agreement shall— (1) provide that Federal funds appropriated for the benefit of the model secondary school will be used only for the purposes for which paid and in accordance with the applicable provisions of this Act and the agreement made pursuant thereto; (2) provide for utilization of the National Advisory Committee on Education of the Deaf to advise the college in formulating and carrying out the basic policies governing the establishment and operation of the model secondary school; (S) provide that the college will make an annual report to the ^^p""^*Secretary; (4) provide that in the design and construction of any facilities, maximum attention will be given to excellence of architecture and design, works of art, and innovative auditory and visual devices

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1064

 1028

78"*statr 23^?^'

64 Stat. 1267. c<!^gres*s!°

PUBLIC LAW 89-695-OCT. 16, 1966

[80 STAT.

and installations appropriate for the educational functions of such facilities; (5) include such other conditions as the Secretary, after consultation with the National Advisory Committee on Education of the Deaf, deems necessary to carry out the purposes of this Act; and (6) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds appropriated for the benefit of the model secondary school will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davls-Bacon Act, as amended (40 U.S.C. 276a—276a-5); and the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Keorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) aud section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). (c). Th® Secretary shall submit the annual report of the college (required by clause (3) of subsection (b)) to the Congress with such comments and recommendations as he may deem appropriate. Approved October 15, 1966.

Public Law 89-695 October 16, 1966 [s. 3158]

A^N ACT To Strengthen the regulatory and supervisory authority of Federal agencies • over insured banks and insured savings and loan associations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Financial insti- United States of America in Congress assembled, That this Act may v"is'or"AcTor be cited as the "Financial Institutions Supervisory Act of 1966". 1966.

TITLE I — PROVISIONS R E L A T I N G TO THE FEDERAL H O M E LOAN B A N K B O A R D A N D THE FEDERAL SAVI N G S A N D LOAN INSURANCE CORPORATION 68 Stat. 634.

SEC. 101. (a) Subsection (d) of section 5 of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(d)) is hereby amended to read as follows: " (d)(1) The Board shall have power to enforce this section and rules and regulations made hereunder. I n the enforcement of any. provision of this section or rules and regulations made hereunder, or any other law or regulation, or in any other action, suit, or proceeding to which it is a party or in which it is interested, and in the administration of conservatorships and receiverships, the Board is author-

�


text:
Page:Descent of Man 1875.djvu/180

164 organs would be left unaffected, so that they would be almost equally well developed in the young of both sexes.

Conclusion.—Von Baer has defined advancement or progress in the organic scale better than any one else, as resting on the amount of differentiation and specialisation of the several parts of a being,—when arrived at maturity, as I should be inclined to add. Now as organisms have become slowly adapted to diversified lines of life by means of natural selection, their parts will have become more and more differentiated and specialised for various functions from the advantage gained by the division of physiological labour. The same part appears often to have been modified first for one purpose, and then long afterwards for some other and quite distinct purpose; and thus all the parts are rendered more and more complex. But each organism still retains the general type of structure of the progenitor from which it was aboriginally derived. In accordance with this view it seems, if we turn to geological evidence, that organisation on the whole has advanced throughout the world by slow and interrupted steps. In the great kingdom of the Vertebrata it has culminated in man. It must not, however, be supposed that groups of organic beings are always supplanted, and disappear as soon as they have given birth to other and more perfect groups. The latter, though victorious over their predecessors, may not have become better adapted for all places in the economy of nature. Some old forms appear to have survived from inhabiting protected sites, where they have not been exposed to very severe competition; and these often aid us in constructing our genealogies, by giving us a fair idea of former and lost populations. But we must not fall into the error of looking at the existing members of any lowly-organised group as perfect representatives of their ancient predecessors.

The most ancient progenitors in the kingdom of the Vertebrata, at which we are able to obtain an obscure glance, apparently consisted of a group of marine animals, resembling the larvæ of existing Ascidians. These animals probably gave rise to a

title: Page:Descent of Man 1875.djvu/180


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1065

 80 STAT. ]

PUBLIC LAW 89-695-OCT. 16, 1966

1029

ized to act in its own name and through its own attorneys. Except as otherwise provided herein, the Board shall be subject to suit (other than suits on claims for money damages) by any Federal savings and loan association or director or officer thereof with respect to any matter under this section or any other applicable law, or rules or regulations thereunder, in the United States district court for the judicial district in which the home ojSice of the association is located, or in the United States District Court for the District of Columbia, and the Board may be served with process in the manner prescribed by the Federal Kules of Civil Procedure. 28 USC app. "(2)(A) If, in the opinion of the Board, an association is violating si^tJr^o^ceedl'^^' or has violated, or the Board has reasonable cause to believe that the ings. association is about to violate, a law, rule, regulation, or charter or other condition imposed in writing by the Board in connection with the granting of any application or other request by the association, or written agreement entered into with the Board, or is engaging or has engaged, or the Board has reasonable cause to believe that the association is about to engage, in an unsafe or unsound practice, the Board may issue and serve upon the association a notice of charges in respect thereof. The notice shall contain a statement of the facts constituting the alleged violation or violations or the unsafe or unsound practice or practices, and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist therefrom should issue against the association. Such hearing shall be fixed for a date not earlier than thirty days nor later than sixty days after service of such notice unless an earlier or a later date is set by the Board at the request of the association. Unless the association shall appear at the hearing by a duly authorized representative, it shall be deemed to have consented to the issuance of the cease-and-desist order. In the event of such consent, or if upon the record made at any such hearing the Board shall find that any violation or unsafe or unsound practice specified in the notice of charges has been established, the Board may issue and serve upon the association an order to cease and desist from any such violation or practice. Such order may, by provisions which may be mandatory or otherwise, require the association and its directors, officers, employees, and agents to cease and desist from the same, and, further, to take affirmative action to correct the conditions resulting from any such violation or practice, " (B) A cease-and-desist order shall become effective at the expiration of thirty days after service of such order upon the association concerned (except in the case of a cease-and-desist order issued upon consent, which shall become effective at the time specified therein), and shall remain effective and enforceable, except to such extent as it is stayed, modified, terminated, or set aside by action of the Board or a reviewing court.

�


text:
Letters from Alexander Henry Haliday to Hermann Loew February 1862, 7 March 1862, 1 April 1862 and undated

Hotel dl’Empire 1862.2.9 Dear Dr Loew It gave me much pleasure to see your handwriting (well known) on the superscription of a letter to me at the Museum on my arrival thereon Saturday for a second day’s inspection. I left London with my friends on Tuesday morning, reached Amiens that evening, spent the next day with Dr Dours (Hymenopterologist) & reached Paris by 11 PM. The next day, I called on Dr Sichel —then, of course, to the Museum —the next day at Dr Sichel’s (Hymenopterologist) Saturday again at Museum. The part of Meigen’s collection to which I confined my attention (Muscidae Acalypt) is in sufficiently bad condition—and the species represented few beyond all my previous suppositions. It is evident that he derived more from G. Winthem’s & Wiedemann’s  collection(??) than from his own: or that the duplicates, of which his heirs disposed to Mr Winnertz  included a material part of the whole. Yet even the little remaining, I found to take much timeto muster & survey; the more so from this imperfect condition. I first went through Helomyza + Heteromyza with your tables then Ephydra + Hydrellia hastily. The results I have copied out for you expecting to set out tomorrow. At present however, the aspect of the weather snow & frost & the health of one of my friends induces us to pause for one, or for two days, before we prepare to encounter Mont Cenis. I shall therefore, I expect, have one more morning at Museum—& probably something to add. I have not had a sight of Mr Bigot till this afternoon. I had written a fortnight since, but had no reply—soconcluded he was out of the town; which his friends also thought probable. But my letter had not reached him—by which we were disappointed of much converse. I must be content now to defer this pleasure, and others, till the distant term of a future visit to Paris, and a longer stay there. I feel much obliged by the effort you made, under the instant pressure of business, to write to me as you have done. I am glad to know the Discomyza arrived safe. Finding that the volume of Curtis’ Farm Insects might go, with little delay, & more safely, through my booksellers than by post, I have entrusted it to them and hope it will reach their correspondent in Leipzig this week, & you speedily. If not, pray signify the non-receipt to me, or to them (Williams & Norgate, 14 Henrietta Street, Covent Garden, London W.C.). I shall receive with real gratification the present, you propose for me, of your S. African Dipt. I look forward with pleasure too to finding a letter in Bellardi’s care at Turin. I expect to find his collection of Piedmontese Diptera very interesting. Of course his attention must have been divided by the Mexican but he has been collecting the Diptera long enough to furnish a good provincial collection. Here I must conclude. Ever yours sincerely Alex H. Haliday.

Mr Bigot has got from Corsica the most remarkable Nemocerous Dipteron I have yet seen (as to venation(??)

… Platygaster of Haemapota, which you specify, would be interesting. I know the common parasite of Ephydra riparia viz. Urolepis maritimus (Walker), subsequently described by V. Heydn,  I think, as Pteromalus valimus. On the borders of freshwater pools, (where, as always in Britain, so far as I know, E. micans replaces that species) I have found another Urolepis, which, therefore, I conclude to be the parasite of that sp. of Ephydra. Do you know a parasite of Lipara lucens etc? I can form no opinion about Therina femoralis, —the nearest approach to it I know, is, if I remember right, as to form of hypostoma etc Chlorops lateralis. Of Homalura tarsata I have still less notion:—from the figure (I think) I guessed it to belong to the same group Oscinim; but I have no opportunity to refresh my recollection of it from the book, or to compare it with Gymnopa glabra.

1862.4.1 Since I began to write, I have had so little opportunity for further acquaintance with the Entomological qualities of this neighbourhood, that I have waited to complete it for a more favourable season, which has not yet arrived. In this bowl among mountains the rains fall with a persistence & abundance unknown in the British islands; but when the wants of the soil are satisfied from above, I look for a more steady continuance of fine weather in the like proportion. I have not yet made a visit to the Baths of Lucca our intended residence for May & June, or most of those 2 months. Meanwhile vegetation is advancing in the lower grounds, the Plantain on the ramparts, the Chestnut trees & Figs beginning to expand their buds. Peach trees which are largely cultivated as well asother fruit trees are in rich bloom, and the olives here & there are opening. The Diptera are still so few that my attention has not been quite withdrawn from other orders. I have been interested by finding Embia wingless as yet as well as a Termes. Scorpions abundant (S. pisanus) but as yet so sluggish that it is not alarming to turn up a stone with two or three under it even with the naked hand. I have fallen in with Orphnephila, testacea or tarda (you will be able to tell from a sketch of the anterior wing veins?)  the 3 specimens I got were females but I have observed a place where it is likely to occur and expect to find the male. No Dolichopidae yet except Syntormon pallipes : not much variety of Hydromyzidae, Ochthera mantis only not mantispa.No Hydrellia except griseola  only picta. Pelecocera latifrons I fond one- a genus before never seen by me alive.L d’ Albertis’  collection is so deficient in small Coleoptera (except Brachyelyptra) that I was interested in observing whether they are really comparatively deficient here—which so far does not seem to be the case. He had not one Pselaphid—I have got Pselaphus1 spp. Trimium 1. Euplectus 1. Byraxis 4 Bythinus  1. The spiders, & Podurae strike me as differing much from those of Ireland. The number & variety ofFormicidae is great—but, I believe, Mayr has been supplied with collections of this family from Tuscany. I have had a letter from Bellardi since I commenced this. The illness of his father, & family affairs, had compelled his absence from Turin. As yet he says nothing of his determination about visiting London for the Exhibition of Industry, and defers any arrangement as to the time for an Alpine excursion till a later period. I shall always have in view the pleasant hope of our combining our plans for a meeting somewhere above this lower region. The rains we have been luxuriating in, here at Lucca, and in the Tuscan Maremma, have evidently been crystallized higher up, as the visible range of the Apennines (“Apian (sic) Alps  of Bertolini ) is whitened more largely and clearly than was the case a fortnight since I long for a nearer view of them; and if these rains were once ceased, I expect a visit here from a relation, who lived many summers at the Baths, & intends to revisit them with me. About five miles from them lies a mountain dell the name of which “Prato fiorito’’awakens expectations of Botanical and cosequently Entomological riches. The former are very tempting even to me a debutante in the Science and my vasculum    sometimes receives specimens of plants instead of insect boxes The pretty Iris tuberosa has just just ceased flowering on the ramparts; and there, & on the slope of the river embankments, the Ophrys aranifera is thickly sprinkled. My friends brought me specimensof Tulipa montanus, by the colours of which they were attracted in an old olive-yard on the hills. These, & one place near Florence, are the only localities I have recorded for this sp. in my Botanical book- companion. I find the want of books & scientific chat now that the weather interrupts all but “constitutional” walks & hope to hear in your next letter that the volume of Farm insects by Curtis has reached you.I am disappointed not to find here anyone who takes an interest in this application of science since Passerini is deceased & A. Costa  engrossed by Professional duties. Ghiliani’s health concurs with his attendance at the Museum of Turin to prevent his pursuing the study as before. I must not forget to thank you for the extract relating to Orphnephila. Not having a specimen of the P. testacea & the differences being comparative, I subjoin a sketch of part of the wing veins of one taken here for your judgement. My address till the end of April will be as given above—or else (and at all times while I continue in Italy) San Concordia, Lucca. When I write next & hope to be able to say more of the promise of the summer here, as well as of the plan of journey for the midsummer chase among the mountains I have begun to exercise myself a little in climbing small & gentle activities, but am not yet in good training for such work—believe me

Lucca My dear Dr Loew 1862.3.7 I was delighted to receive your letter, this evening, on my return from a day’s sailing & exploring on the seashore near Pisa. I have had but one letter, besides my brothers’ from England even, since I left Paris; andthe more than due proportion of wet weather since I have been in Tuscany gives me the more time to wish for information of my friends. We are now established in a house, for two months, in the town of Lucca; so that till the end of April my address will be ___ Casa Pelosi, Via Pta S. Pietro, Lucca. By the end of that time, we shall probably move up to the Bagni (Baths) di Lucca, or di Corseno, higher among the hills; or I may make an excursion somewhere, —to Elba;—Venice, or Trieste by that. We remained six days at Pisa, the days of departure I spent in a trip by Railway to Viareggio, the sea port of the Lucchese territory. The hours of trains were so arranged that I had but a couple of hours to look about me & find the nature of the coast. I made another fruitless attempt, from this, to visit the sea coast between the mouths of the Arno & the Sechio; a locality where the greatest part of d’ Albertis’  Coleoptera were collected:—rain turned me back. This morning, being an interval of dry weather, —but a sharp hoar frost, I went again to Pisa by an early train, & walked on to the sea coast where I spent the middle of the day. But on the sands all the - plants were still withered & dry, & there was nothing to be had almost, except under the marine rejectamenta & not much there, chiefly minute things. However the vegetation as well as animal life, is more forward that it would be at this same season in England, except in some favoured spots of the Southern coast. In the windows of the Railway station were 2 Macroglossa stellatarum  Atalanta & Cardui (Vanessa) were on the wing—Locustae flitting and leaping on the sands. Formicidae ubiquitous; wingless Blattae—Spiders of many kinds. Of Diptera (unless Limosinae were searched for in appropriate situations) the only one abundant was Drapetis arcuata on the sands, this everywhere. The last part of February I found among the marshy meadows at the foot of the city walls. Dichaeta caudata, or rather D. -- (6 setae on-- ), Hydrellia griseola, Syntormon pallipes, Limnobia—, Symplecta stictica Stomoxys calictrans is common & troublesome—but few Simulia & fewer Culices—not many Chironomi—& one-- To come to your letter, it was an omission that I did not explain (as I intended) the apparent enumeration of four species of Oecothea in the British lists. (Curtis’ Guide, & Westwood’s Classification). I first characterized Oecothea & gave fenetralis as the type in Ann. Nat. Hist. Curtis, retaining the order of Species of Helomyza (in the first edition of his guide,) when he published a 2nd, inserted the generic name Oecothea above the sp. fenestralis, which then was followed by 2 more, before another Generic name occurred. I sent for Westwood an enumeration of the genera (& probably one or more types of each) in the subdivisions I proposed, of the Muscidae Acalypteri; which he combined, & modified, with the existent lists, & hence several erroneous results, repetition & inconsistencies. I know but 1 Oecothea. I am surprised as well as you, about Gymnopterus regalis [regalis Meigen, 1824: 75] I cannot be mistaken (it seems to me) about Meigen’s types. I made the note “3 metatarsus spiny” against the name of the species without any recollection of its place in the subdivided genus. Afterwards having turned to the place in Schiner’s [Ignaz Rudolph Schiner] Austrian Diptera, the only book of reference I had with me) I perceived the disagreement, & verified the first note by a re-examination, at the Museum, I saw the same species afterwards, in more than 2 collections (Sardinian &c) & none answering to Gymnopterus regalis. Of Mederetus cupreus Macq. I can only aver that the femora are-- ; as I do not remember the characters - , I cannot say that it may not agree with that genus, after all.

Saturday 8th I speak at my friends’ little estate—vine—& olive yards, chestnut woods &c on the hills about 4 miles from the town, a charming situation, from the crest of the hill, overlooking one way the city, with the lake Bientina, and with a peep of the sea (only visible in the clearest weather) through a gap in the intervening hills—on the other the upper course of the Serchio  where it issues from the Apennines with the road to the Bagni di Corsena, the ducal palace and park of Marlia  , the Villa Buonvisi which my cousin Mme Pisani occupied at the time of my former visit—1845. The plain is incredibly cultivated and populated more like an Eastern city scattered among palmgroves & garden, than what we call country. The olive woods, cypresses, underwood of Myrtles, Erica mediterranea occidentalis & Arbutus give it a very different aspect from an English landscape; though in the West of Ireland we have the two latter but not combined. There was more animal life stirring than down in the plain, large Locustae rising from their resting place on the trees, with a whirr of the wings, others springing away from the feet: but the scarcity of moisture must limit some tribes. I had not time for collecting, having the site to view & bearings to take. I hope soon to hear from Bellardi, & that he may all three be able to make our movements consider in July, to me it would be a delightful anticipation. If I should go towards Rome meanwhile, which is not so likely, among so many objects more Northwards, I should be very glad to derive, from Zeller’s experience, some notions & advice as to season, parts of the plain, mode of access, facilities & incommodities or dangers. I suppose it is necessary to return to Rome at night. The unsettled state of Naples will not invite a visit at present with any view to rural objects. Have you ever been in the Engadine. I do not know whether the more general elevation of the valleys of the Graubünden would favour a peculiar development of the Fauna, as much as the vicinity of the highest mountains. I cannot hear of any --  on the Tuscan coasts, & I believe these are chiefly in Sardinia or Elba. I shall look out for Tachytrechi, in consequence of what you say of their predominance in the African Fauna. In the Sardinian (evidently meagre) complement there were 3, F  & two others—one (with a faint blackish spot at the tip of the wing) I suppose new—the third of which I have a hasty note (not re-examined) possibly= I.notatus. A handsome Medeterus which seems to take the place of---, at least I never saw the latter sp. with the same pale primrose covering. Psilopa I was led to suppose still problematical, from some notes in Berlin, Entom. Tertiary, I think, but I cannot refer to them, being here bookless—perhaps all the better for my objects in the journey though I miss them now, when I am perforce much in the house. I should be very glad of any Parasite Hymenoptera, concerning the Natural History of which you possess any information; in particular the … [letter ends]


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1066

 1030

PUBLIC LAW 89-695-OCT. 16, 1966

[80 STAT.

Temporary " (3)(A) Whenever the Board shall determine that the violation orde^sT""^"^^^'^' ^^ threatened violation or the unsafe or unsound practice or practices, specified in the notice of charges served upon the association pursuant to paragraph (2)(A) of this subsection, or the continuation thereof, is likely to cause insolvency (as defined in paragraph (6)(A)(i) of this subsection) or substantial dissipation of assets or earnings of the association, or is likely to otherwise seriously prejudice the interests of its savings account holders, the Board may issue a temporary order requiring the association to cease and desist from any such violation or practice. Such order shall become effective upon service upon the association and, unless set aside, limited, or suspended by a court in proceedings authorized by subparagraph (B) of this paragraph, shall remain effective and enforceable pending the completion of the administrative proceedings pursuant to such notice and until such time as the Board shall dismiss the charges specified in such notice or, if a ceaseand-desist order is issued against the association, until the effective date of any such order. " (B) Within ten days after the association concerned has been served with a temporary cease-and-desist order, the association may apply to the United States district court for the judicial district in which the home office of the association is located, or the United States District Court for the District of Columbia, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order pending the completion of the administrative proceedings pursuant to the notice of charges served upon the association under paragraph (2)(A) of this subsection, and such court shall have jurisdiction to issue such injunction. " (C) I n the case of violation or threatened violation of, or failure to obey, a temporary cease-and-desist order, the Board may apply to the United States district court, or the United States court of any territory, within the jurisdiction of which the home office of the association is located, for an injunction to enforce such order, and, if the court shall determine that there has been such violation or threatened violation or failure to obey, it shall be the duty of the court to issue such injunction. di^cToT^r °^ "(4)(A) Whenever, in the opinion of the Board, any director or officer. officer of an association has committed any violation of law, rule, or regulation, or of a cease-and-desist order which has become final, or has engaged or participated in any unsafe or unsound practice in connection with the association, or has committed or engaged in any act, omission, or practice which constitutes a breach of his fiduciary duty as such director or officer, and the Board determines that the association has suffered or will probably suffer substantial financial loss or other damage or that the interests of its savings account holders could be seriously prejudiced by reason of such violation or practice or breach of fiduciary duty, and that such violation or practice or breacli of fiduciary duty is one involving personal dishonesty on the part of such director or officer, the Board may serve upon such director or officer a written notice of its intention to remove him from office.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1067

 80 STAT. ]

PUBLIC LAW 89-695-OCT. 16, 1966

" (B) Whenever, in the opinion of the Board, any director or officer of an association, by conduct or practice with respect to another savings and loan association or other business institution which resulted in substantial financial loss or other damage, has evidenced his personal dishonesty and unfitness to continue as a director or officer, and, whenever, in the opinion of the Board, any other person participating in the conduct of the affairs of an association, Dy conduct or practice with respect to such association or other savings and loan association or other Dusiness institution which resulted in substantial financial loss or other damage, has evidenced his personal dishonesty and unfitness to participate in the conduct of the affairs of such association, the Board may serve upon such director, officer, or other person a written notice of its intention to remove him from office and/or to prohibit his further participation in any manner in the conduct of the affairs of such association. " (C) I n respect to any director or officer of an association or any other person referred to in subparagraph (A) or (B) of this paragraph, the Board may, if it deems it necessary for the protection of the association or the interests of its savings account holders, by written notice to such effect served upon such director, officer, or other person, suspend him from office and/or prohibit him from further participation in any manner in the conduct of the affairs of the association. Such suspension and/or prohibition shall become effective upon service of such notice and, unless stayed by a, court in proceedings authorized by subparagraph (E) of this paragraph, shall remain in effect pending the completion of the administrative proceedings pursuant to the notice served under subparagraph (A) or (B) of this paragraph and until such time as the Board shall dismiss the charges specified in such notice, or, if an order of removal and/or prohibition is issued against the director or officer or other person, until the effective date of any such order. Copies of any such notice shall also be served upon the association of which he is a director or officer or in the conduct of whose affairs he has participated. " (D) A notice of intention to remove a director, officer, or other person from office and/or to prohibit his participation in the conduct of the affairs of an association, shall contain a statement of the facts constituting grounds therefor, and shall fix a time and place at which a hearing will be held thereon. Such hearing shall be fixed for a date not earlier than thirty days nor later than sixty days after the date of service of such notice, unless an earlier or a later date is set by the Board at the request of (i) such director, officer, or other person, and for good cause shown, or (ii) the Attorney General of the United States. Unless such director, officer, or other person shall appear at the hearing in person or by a duly authorized representative, he shall be deemed to have consented to the issuance of an order of such removal and/or prohibition. I n the event of such consent, or if upon the record made at any such hearing the Board shall find that any of the grounds specified m such notice has been established, the Board may issue such orders of suspension or removal from office, and/or prohibition from participation in the conduct of the affairs of the association, as it may deem appropriate. Any such order shall become effective at the expiration of thirty days after service upon such association and the director, officer, or other person concerned (except in the case of an order issued upon consent, which shall become effective at the time specified therein). Such order shall remain effective and enforceable except to such extent as it is stayed, modified, terminated, or set aside by action of the Board or a reviewing court.

1031

�


text:
Page:Descent of Man 1875.djvu/181

Rh group of fishes, as lowly organised as the lancelet; and from these the Ganoids, and other fishes like the Lepidosiren, must have been developed. From such fish a very small advance would carry us on to the Amphibians. We have seen that birds and reptiles were once intimately connected together; and the Monotremata now connect mammals with reptiles in a slight degree. But no one can at present say by what line of descent the three higher and related classes, namely, mammals, birds, and reptiles, were derived from the two lower vertebrate classes, namely, amphibians and fishes. In the class of mammals the steps are not difficult to conceive which led from the ancient Monotremata to the ancient Marsupials; and from these to the early progenitors of the placental mammals. We may thus ascend to the Lemuridæ; and the interval is not very wide from these to the Simiadæ. The Simiadæ then branched off into two great stems, the New World and Old World monkeys; and from the latter, at a remote period, Man, the wonder and glory of the Universe, proceeded.

Thus we have given to man a pedigree of prodigious length, but not, it may be said, of noble quality. The world, it has often been remarked, appears as if it had long been preparing for the advent of man: and this, in one sense is strictly true, for he owes his birth to a long line of progenitors. If any single link in this chain had never existed, man would not have been exactly what he now is. Unless we wilfully close our eyes, we may, with our present knowledge, approximately recognise our parentage; nor need we feel ashamed of it. The most humble organism is something much higher than the inorganic dust under our feet; and no one with an unbiassed mind can study any living creature, however humble, without being struck with enthusiasm at its marvellous structure and properties.

title: Page:Descent of Man 1875.djvu/181


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1068

 1032

PUBLIC LAW 89-695-OCT. 16, 1966

[80 STAT.

" (E) Within ten days after any director, officer, or other person has been suspended from office and/or prohibited from participation in the conduct of the affairs of an association under subparagraph (C) of this paragraph, such director, officer, or other person may apply to the United States district court for the judicial district in which the home office of the association is located, or the United States District Court for the District of Columbia, for a stay of such suspension and/or prohibition pending the completion of the administrative proceedings pursuant to the notice served upon such director, officer, or other person under subparagraph (A) or (B) of this paragraph, and such court shall have jurisdiction to stay such suspension and/or prohibition. Felony con"(5)(A) Whenever any director or officer of an association, or f^rre°movaiT^ other pcrsou participating in the conduct of the affairs of such association, is charged in any information, indictment, or complaint authorized by a United States Attorney, with the commission of or participation in a felony involving dishonesty or breach of trust, the Board may, by written notice served upon such director, officer, or other person, suspend him from office and/or prohibit him from further participation in any manner in the conduct of the affairs of the association. A copy of such notice shall also be served upon the association. Such suspension and/or prohibition shall remain in effect until such information, indictment, or complaint is finally disposed of or until terminated by the Board. I n the event that a judgment of conviction with respect to such offense is entered against such director, officer, or other person, and at such time as such judgment is not subject to further appellate review, the Board may issue and serve upon such director, officer, or other person an order removing him from office and/or prohibiting him from further participation in any manner in the conduct of the affairs of the association except with the consent of the Board. A copy of such order shall be served upon such association, whereupon such director or officer shall cease to be a director or officer of such association. A finding of not guilty or other disposition of the charge shall not preclude the Board from thereafter instituting proceedings to remove such director, officer, or other person from office and/or to prohibit further participation in association affairs, pursuant to subparagraph (A) or (B) of paragraph (4) of this subsection. " (B) if at any time, because of the suspension of one or more directors pursuant to this subsection (d), there shall be on the board of directors of an association less than a quorum of directors not so suspended, all powers and functions vested in or exercisable by such board shall vest in and be exercisable by the director or directors on the board and not so suspended, until such time as there shall be a quorum of the board of directors. I n the event all of the directors of an association are suspended pursuant to this subsection (d), the Board shall appoint persons to serve temporarily as directors in their place and stead pending the termination of such suspensions, or until such time as those who have been suspended cease to be directors of the association and their respective successors take office. conservator^or °^ " ( ^) ( ^) ^^^ grouuds for the appointment of a conservator or rereceiver. celver for an association shall be one or more of the following: (i) insolvency in that the assets of the association are less than its obligations to its creditors and others, including its members; (ii) substantial dissipation of assets or earnings due to any violation or violations of law, rules, or regulations, or to any unsafe or unsound practice or practices; (iii) an unsafe or unsound condition to transact business; (iv) willful violation of a cease-and-desist order which has become final; (v) concealment of books, papers, records, or assets of the association or refusal to submit books, papers, records, or affairs of the

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1069

 80 STAT. ]

PUBLIC LAW 89-695-OCT. 16, 1966

1033

association for inspection to any examiner or to any lawful agent of the Board. The Board shall have exclusive power and jurisdiction to appoint a conservator or receiver. If, in the opinion of the Board, a ground for the appointment of a conservator or receiver as herein provided exists, the Board is authorized to appoint ex parte and without notice a conservator or receiver for the association. I n the event of such- appointment, the association may, within thirty days thereafter, bring an action in the United States district court for the judicial district in which the home office of such association is located, or in the United States District Court for the District of Columbia, for an order requiring the Board to remove such conservator or receiver, and the court shall upon the merits dismiss such action or direct the Board to remove such conservator or receiver. Such proceedings shall be given precedence over other cases pending in such courts, and shall be in every way expedited. Upon the commencement of such an action, the court having jurisdiction of any other action or proceeding authorized under this subsection to which the association is a party shall stay such action or proceeding during the pendency of the action for removal of the conservator or receiver. " (B) I n addition to the foregoing provisions, the Board may, without any requirement of notice, hearing, or other action, appoint a conservator or receiver for an association in the event that (i) the association, by resolution of its board of directors or of its members, consents to such appointment, or (ii) the association is removed from membership in any Federal home loan bank, or its status as an institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation is terminated. " (C) Except as otherwise provided in this subsection, no court may take any action for or toward the removal of any conservator or receiver, or, except at the instance of the Board, restrain or affect the exercise of powers or functions of a conservator or receiver. " (D) A conservator shall have all the powers of the members, the directors, and the officers of the association and shall be authorized to operate the association in its own name or to conserve its assets in the manner and to the extent authorized by the Board. The Board shall appoint only the Federal Savings and Loan Insurance Corporation as receiver for an association, and said Corporation shall have power to buy at its own sale as receiver, subject to approval by the Board. The Board may, without any requirement of notice, hearing, or other action, replace a conservator with another conservator or with a receiver, but any such replacement shall not affect any right which the association may have to obtain judicial review of the original appointment, except that any removal under this paragraph (6) shall be removal of the conservator or receiver in office at the time of such removal. "(7)(A) Any hearing provided for in this subsection (d) shall. Hearings and be held in the Federal judicial district or in the territory in which the ^" ^''^^ home office of the association is located unless the party afforded the hearing consents to another place, and shall be conducted in accordance with the provisions of chapter 5 of title 5 of the United States Code. ^"'^'?• ^8°Such hearing shall be private, unless the Board, in its discretion, after fully considering the views of the party afforded the hearing, determines that a public hearing is necessary to protect the public interest. After such hearing, and within ninety days after the Board has notified the parties that the case has been submitted to it for final decision, the Board shall render its decision (which shall include findings of fact upon which its decision is predicated) and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with the provisions of this subsection. Judicial review of any

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1070

 1034

PUBLIC LAW 89-695-OCT. 16, 1966

[80 STAT.

such order shall be exclusively as provided in this paragraph (7). Unless a petition for review is timely filed in a court of appeals of the United States, as hereinafter provided in subparagraph (B) of this paragraph, and thereafter until the record in the proceeding has been filed as so provided, the Board may at any time, upon such notice and in such manner as it shall deem proper, modify, terminate, or set aside any such order. Upon such filing of the record, the Board may modify, terminate, or set aside any such order with permission of the court. " (B) Any party to the proceeding, or any person required by an order issued under this subsection to cease and desist from any of the violations or practices stated therein, may obtain a review of any order served pursuant to subparagraph (A) of this paragraph (other than an order issued with the consent of the association or the director or officer or other person concerned, or an order issued under paragraph (5)(A) of this subsection), by filing in the court of appeals of the United States for the circuit in which the home office of the association is located, or in the United States Court of Appeals for the District of Columbia Circuit, within thirty days after the date of service of such order, a written petition praying that the order of the Board be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Board, and thereupon the Board shall file in the court the record in the proceeding, as provided in section 2112 of title 28 of the United States 72 Stat. 941. Code. Upou the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall except as provided in the last sentence of said subparagraph (A) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Board. Review of such proceedings shall be had as provided in chapter 7 of Ante, p. 392, ^j^jg 5 ^-f ^j^g United States Code. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari as provided in section 1254 of title 62 Stat. 928. 28 of the United States Code. " (C) The commencement of proceedings for judicial review under subparagraph (B) of this paragraph shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Board. orde'/sT""^"' °' . " (?) The Board may in its discretion apply to the United States district court, or the United States court oi any territory, within the jurisdiction of which the home office of the association is located, for the enforcement of any effective and outstanding notice or order issued by the Board under this subsection (d), and such courts shall have jurisdiction and power to order and require compliance therewith; but except as otherwise provided in this subsection no court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any notice or order under this subsection, or to review, modify, suspend, terminate, or set aside any such notice or order. Any court having jurisdiction of any proceeding instituted under this subsection by an association or a director or officer thereof, may allow to any such party such reasonable expenses and attorneys' fees as it deems just and proper; and such expenses and fees shall be paid by the association or from its assets. subpena power, u^g^ j ^ ^^iQ course of or iu connection with any proceeding under etc this subsection, the Board or vmy member thereof or a designated representative of the Board, including any person designated to conduct any hearing under this subsection, shall have power to administer oaths and affirmations, to take or cause to be taken depositions, and to issue, revoke, quash, or modify subpenas and subpenas duces tecum; and the Board is empowered to make rules and regulations with respect

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1071

 80 STAT. ]

PUBLIC LAW 89-695-OCT. 16, 1966

to any such proceedings. The attendance of witnesses and the production of documents provided for in this paragraph may be required from any place in any State or in any territory at any designated place where such proceeding is being conducted. Any party to proceedings under this subsection may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district or the United States court in any territory in which such proceeding is being conducted or where the witness resides or carries on business, for enforcement of any subpena or subpena duces tecum issued pursuant to this paragraph, and such courts shall have jurisdiction and power to order and require compliance therewith. Witnesses subpenaed under this paragraph shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. All expenses of the Board or of the Federal Savings and Loan Insurance Corporation in connection with this subsection shall be considered as nonadministrative expenses. "(10) Any service required or authorized to be made by the Board Notice of under this subsection may be made by registered mail, or in such other ^^'•''"'^• manner reasonably calculated to give actual notice as the Board may by regulation or otherwise provide. " (11) The Board shall have power to make rules and regulations for aufho^r'it^*"'^^ the reorganization, consolidation, liquidation, and dissolution of associations, for the merger of associations with other institutions the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, for associations in conservatorship and receivership, and for the conduct of conservatorships and receiverships; and the Board may, by regulation or otherwise, provide for the exercise of functions by members, directors, or officers of an association during conservatorship and receivership. " (12)(A) Any director or officer, or former director or officer, of an Penalties. association, or any other person, against whom there is outstanding and effective any notice or order (which is an order which has become final) served upon such director, officer, or other person under paragraph (4)(C), (4)(D), or (5)(A) of this subsection, and who (i) participates in any manner in the conduct of the affairs of such association, or directly or indirectly solicits or procures, or transfers or attempts to transfer, or votes or attempts to vote any proxies, consents, or authorizations in respect of any voting rights in such association, or (ii) without the prior written approval of the Board, votes for a director or serves or acts as a director, officer, or employee of any institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, shall upon conviction be fined not more than $5,000 or imprisoned for not more than one year, or both. " (B) Except with the prior written consent of the Board, no person shall serve as a director, officer, or employee of an association w'ho has been convicted, or who is hereafter convicted, of a criminal offense involving dishonesty or a breach of trust. For each willful violation of this prohibition, the association involved shall be subject to a penalty of not more than $100 for each day this prohibition is violated, which the Board may recover by suit or otherwise for its own use. " (C) Whenever a conservator or receiver appointed by the Board demands possession of the property, business, and assets of any association, or of any part thereof, the refusal by any director, officer, employee, or agent of such association to comply with the demand shall be punishable by a fine of not more than $5,000 or imprisonment for not more than one year, or both. "(IS)(A) As used in this subsection— Definitions. "(1) The terms 'cease-and-desist order which has become final' and 'order which has become final' mean a cease-and-desist order, or an

1035

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1072

 1036

62 Stat. 907.

48*statr\*246^.' u use 1421.

1701

Effective date.

68^stat^*63^3^^'

PUBLIC LAW 89-695-OCT. 16, 1966

[80 STAT.

order, issued by the Board with the consent of the association or the director or officer or other person concerned, or with respect to which no petition for review of the action of the Board has been filed and perfected in a court of appeals as specified in paragraph (7)(B) of this subsection, or with respect to which the action of the court in which said petition is so filed is not subject to further review by the Supreme Court of the United States in proceedings provided for in said paragraph, or an order issued under paragraph (5)(A) of this subsection. "(2) The term 'State' includes the CommonweaUh of Puerto Rico. "(3) The term 'territory' includes any possession of the United States and any place subject to the jurisdiction of the United States. " (4) The terms 'district', 'district court', 'district court of the United States', and 'judicial district' shall have the meanings defined in section 45^ ^f ^-^j^ gg ^f ^^^ United States Code. " (B) As used in paragraph (4) of this subsection, the term 'violation' includes without limitation any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. " (14) As used in this subsection, the terms 'Federal savings and loan association' and 'association' shall include any institution with respec!: to which the Federal Home Loan Bank Board now or hereafter has any statutory power of examination or supervision under any Act or joint resolution of Congress other than this Act, the Federal Home Loau Bank Act, and the National Housing Act. For the purposes of this paragraph (14), references in this subsection to directors, officers, employees, and agents, or to former directors or officers, of associations shall be deemed to be references respectively to directors, officers, employees, and agents, or to former directors or officers, of such institutions, references therein to savings account holders and to members of associations shall be deemed to be references to holders of withdrawable accounts in such institutions, and references therein to boards of directors of associations shall be deemed to be references to boards of directors or other governing boards of such institutions. Said Board shall have power by regulation to define, for the purposes of this paragraph (14), terms used or referred to in the sentence next preceding and other terms used in this subsection." (b) The amendment made by subsection (a) of this section shall be effective only with respect to proceedings commenced on or after the date of enactment of this Act. Section 5(d) of the Home Owners' Loan Act of 1933 as in effect immediately prior to the date of enactment of this Act shall continue in effect with respect to any proceedings commenced prior to such date. SEC. 102. (a) Section 407 of the National Housing Act (12 U.S.C. 1730) is hereby amended to read as follows: "SEC. 407. TERMINATION or INSURANCE AND ENFORCEMENT PROVISIONS.— " (a) VOLUNTARY TERMINATION or INSURANCE.—Any insured insti-

tution other than a Federal savings and loan association may terminate its status as an insured institution by written notice to the Corporation specifying a date for such termination. "(b)

INVOLUNTARY TERMINATION OF INSURANCE; NOTICE AND HEAR-

ING.— (1) Whenever, in the opinion of the Corporation, any insured institution has violated its duty as such or is engaging or has engaged in an unsafe or unsound practice in conducting the business of such institution, or is in an unsafe or unsound condition to continue operations as an insured institution, or is violating or has violated an applicable law, rule, regulation, or order, or any condition imposed in writing by the Corporation in connection with the granting of any application or other request by the institution, or any written agreement entered into with the Corporation, including any agreement en-

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1073

 80 STAT. ]

PUBLIC LAW 89-695-OCT. 16, 1966

tered into under section 403 of this title, the Corporation shall serve upon the institution a statement with respect to such violations or practices or conditions for the purpose of securing the correction thereof, and shall send a copy of such statement to the appropriate State supervisory authority. "(2) Unless such correction shall be made within one hundred and twenty days after service of such statement, or such shorter period of not less than twenty days after such service as (A) the Corporation shall require in any case where the Corporation determines that its insurance risk with respect to such institution could be unduly jeopardized by further delay in the correction of such violations or practices or conditions, or (B) the appropriate State supervisory authority shall require, or unless within such time the Corporation shall have received acceptable assurances that such correction will be made within a time and in a manner satisfactory to the Corporation, or in the event such assurances are submitted to and accepted by the Corporation but are not carried out in accordance with their terms, the Corporation may, if it shall determine to proceed further, issue and serve upon the institution written notice of intention to terminate the status of the institution as an insured institution. "(3) Such notice shall contain a statement of the facts constituting the alleged violation or violations or the unsafe or unsound practice or practices or condition, and shall fix a time and place for a hearing thereon. Such hearing shall be fixed for a date not earlier than thirty days after service of such notice. Unless the institution shall appear at the hearing by a duly authorized representative, it shall be deemed to have consented to the termination of its status as an insured institution. I n the event of such consent, or if upon the record made at any such hearing the Corporation shall find that any violation or unsafe or unsound practice or condition specified in such notice has been established and has not been corrected within the time above prescribed in which to make correction, the Corporation may issue and serve upon the institution an order terminating the status of the institution as an insured institution; but any such order shall not become effective until it is an order which has become final (except in the case of an order of termination issued upon consent, which shall become effective at the time specified therein). "(c) DATE OF TERMINATION or INSURED STATUS.—The effective date of the termination of an institution's status as an insured institution under the foregoing provisions of this section shall be the date specified for such termination in the notice by the institution to the Corporation as provided in subsection (a) of this section, or the date upon which an order of termination issued under subsection (b)(3) of this section becomes effective. The Corporation may from time to time postpone the effective date of the termination of an institution's status as an insured institution at any time before such termination has become effective, but in the case of termination by notice given by the institution such effective date shall be postponed only with the written consent of the institution. "(d)

CONTINUATION OF INSURANCE; EXAMINATION; NOTICE TO MEM-

BERS; AND PAYMENT OF PREMIUMS.—In the eveut of the termination of an institution's status as an insured institution, insurance of its accounts to the extent that they were insured on the effective date of such termination as hereinabove provided in subsection (c), less any amounts thereafter withdrawn, repurchased, or redeemed, shall continue for a period of two years, but no investments or deposits made after such date shall be insured. The Corporation shall have the right to examine such institution from time to time durins: the two-year period aforesaid. Such insured institution shall be obligated to pay, within thirty days after the effective date of such termination, as a final 65-300 0-67—68

1037 48 Stat. 1257. 12 USC 1726.

�