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disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions 5, ante, p. 942 of such treaties or agreements; except as provided in section 5 of this

Alaska.

entered.

Town sites, how
R. S., §§ 2380-

2394.

-survey and division of lots.

act.

SEC. 11. That until otherwise ordered by Congress lands in (6) Alaska may be entered for town-site purposes, for the several use and benefit of the occupants of such town sites, by such trustee or trustees as may be named by the Secretary of the Interior for that purpose, such entries to be made under the provisions of section twenty-three hundred and eighty-seven of the Revised Statutes as near as may be; And when such entries shall have been made the Secretary of the Interior shall provide by regulation for the proper execution of the trust in favor of the inhabitants of the town site, including the survey of the land into lots, according to the spirit and intent of said section twenty-three hundred and eighty-seven of the Revised Stat-limit of entry. utes, whereby the same results would be reached as though the entry had been made by a county judge and the disposal of the lots in such town site and the proceeds of the sale thereof had been prescribed by the legislative authority of a State or Territory:

ture.

Provided, That no more than six hundred and forty acres shall be embraced in one townsite entry.

-purchases for SEC. 12. That any citizen of the United States twenty-one years trade or manufac- of age, and any association of such citizens, and any corporation incorporated under the laws of the United States, or of any State or Territory of the United States now authorized by law to hold lands in the Territories now or hereafter in possession of and occupying public lands in Alaska for the purpose of trade or manufactures, may purchase not exceeding one hundred and sixty acres to be taken as near as practicable in a square form, of such land at two dollars and fifty cents per acre:

-priority among adverse claimants.

-payment for surveys.

1884, May 17, ch. 53,8 8, ante, p.430.

R. S., § 2401.

-surveys, how made.

-approval of surveys and payment for land.

Provided, That in case more than one person, association or corporation shall claim the same tract of land the person, association or corporation having the prior claim by reason of possession and continued occupation shall be entitled to purchase the same; but the entry of no person, association, or corporaíion shall include improvements made by or in possession of another prior to the passage of this act. SEC. 13. That it shall be the duty of any person, association, or corporation entitled to purchase land under this act to make an application to the United States marshal, ex officio surveyor-general of Alaska, for an estimate of the cost of making a survey of the lands occupied by such person, association, or corporation, and the cost of the clerical work necessary to be done in the office of the said United States marshal, ex officio surveyor-general; and on the receipt of such estimate from the United States marshal, ex officio surveyor general, the the said person, association, or corporation shall deposit the amount in a United States depository, as is required by section numbered twenty-four hundred and one, Revised Statutes, relating to deposits for surveys.

That on the receipt by the United States marshal, ex-officio surveyor-general, of the said certificates of deposit, he shall employ a competent person to make such survey, under such rules and regulations as may be adopted by the Secretary of the Interior, who shall make his return of his field notes and maps to the office of the said United States marshal, ex-officio surveyor-general; and the said United States marshal, ex officio surveyor-general, shall cause the said field notes and plats of such survey to be examined, and, if correct, approve the same, and shall transmit certified copies of such maps and plats to the office of the Commissioner of the General Land Office.

That when the said field notes and plats of said survey shall have been approved by the said Commissioner of the General Land Office,

NOTE.-(6) For laws relating to Alaska, see note to 1884, May 17, ch. 53, ante, p. 430.

he shall notify such person, association, or corporation, who shall then, within six months after such notice, pay to the said United States marshal, ex officio surveyor-general, for such land, and patent shall issue for the same.

Alaska.

What lands reserved from entry

SEC. 14. That none of the provisions of the last two preceding sections of this act shall be so construed as to warrant the sale of any under this act. lands belonging to the United States which shall contain coal or the precious metals, or any town site, or which shall be occupied by the United States for public purposes, or which shall be reserved for such purposes, or to which the natives of Alaska have prior rights. by virtue of actual occupation, or which shall be selected by the United States Commissioner of Fish and Fisheries on the island of Kadiak and Afognak for the purpose of establishing fish-culture stations.

And all tracts of land not exceeding six hundred and forty acres in any one tract now occupied as missionary stations in said district of Alaska are hereby excepted from the operation of the last three proceding sections of this act.

No portion of the islands of the Pribylov Group or the Seal Islands of Alaska shall be subject to sale under this act;

Missionary stations reserved. 1884, May 17, ch. 53,88, ante, p. 433. Seal Islands reserved.

R. S. SS 1959-1976. 1874 March 24, ch. 64, ante, p. 6. And the United States reserves, and there shall be reserved in all Rights over salpatents issued under the provisions of the last two preceding sections mon fisheries re

the right of the United States to regulate the taking of salmon and served. 1889, Mar. 2, ch. to do all things necessary to protect and prevent the destruction of 415, ante, p. 701. salmon in all the waters of the lands granted frequented by salmon.

and other natives.

SEC. 15. That until otherwise provided by law the body of lands Annette Islands known as Annette Islands, situated in Alexander Archipelago in reserved for MetSoutheastern Alaska, on the north side of Dixon's entrance, be, and lakahtla Indians the same is hereby, set apart as a reservation for the use of the Metlakahtla Indians, and those people known as Metlakahtlans who have recently emigrated from British Columbia to Alaska, and such other Alaskan natives as may join them, to be held and used by them in common, under such rules and regulations, and subject to such restrictions, as may be prescribed from time to time by the Secretary of the Interior.

SEC. 16. That town-site entries may be made by incorporated Town-site entowns and cities on the mineral lands of the United States, but no tries not to intitle shall be acquired by such towns or cities to any vein of gold, clude mining rights. silver, cinnabar, copper, or lead, or to any valid mining claim or R. S., SS 2318, possession held under existing law.

2380-2394.

When mineral veins are possessed within the limits of an incor- Mining claims porated town or city, and such possession is recognized by local in incorporated authority or by the laws of the United States, the title to town lots town preserved. shall be subject to such recognized possession and the necessary use 2343. R. S., SS 2318thereof and when entry has been made or patent issued for such town sites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto:

Provided, That no entry shall be made by such mineral-vein Prior right of claimant for surface ground where the owner or occupier of the surface owner surface ground shall have had possession of the same before the protected. inception of the title of the mineral-vein applicant.

lands.

SEC. 17. That reservoir sites located or selected and to be located Reservoir sites, and selected under the provisions of "An act making appropriations to contain only for sundry civil expenses of the Government for the fiscal year end- necessary, and exing June thirtieth, eighteen hundred and eighty-nine, and for other cluding occupied purposes," and amendments thereto, shall be restricted to and shall 1888, Oct. 2, ch. contain only so much land as is actually necessary for the construc- 1069, par. 4, ante, tion and maintenance of reservoirs; excluding so far as practicable p.626. lands occupied by actual settlers at the date of the location of said reservoirs

SUP R S60

1890, August 30, ch. 837, par. 3, ante, p. 792.

claims.

Maximum land And that the provision of "An Act making appropriations for entries not to in- sundry civil expenses of the Government for the fiscal year ending clude mining June thirtieth, eighteen hundred and ninety-one, and for other pur1890, August 30, poses," which reads as follows, viz: "No person who shall after the ch. 837, par. 3, passage of this act enter upon any of the public lands with a view ante, p. 791. to occupation, entry, or settlement under any of the land laws shall § 5, ante, p. 942. be permitted to acquire title to more than three hundred and twenty acres in the aggregate under all said laws," shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands and not to include lands entered or sought to be entered under mineral land laws. Rights of way SEC. 18. That the right of way through the public lands and resgranted through ervations of the United States is hereby granted to any canal or public lands to ditch company formed for the purpose of irrigation and duly organcanal companies, &c., § 3, ante, p. ized under the laws of any State or Territory, which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by the water of the reservoir and of the canal and its laterals, and fifty feet on each side of the marginal limits thereof; also the right to take, from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided, That no such right of way shall be so located as to inwith Government terfere with the proper occupation by the Government of any such occupation and maps to be ap- reservation, and all maps of focation shall be subject to the approval proved. of the Department of the Government having jurisdiction of such 1888, Oct. 2, ch. reservation,

942.

Not to interfere

1069, par. 4, ante, p. 626. 1890, Aug. 30, ch. 837, par. 3, ante, p. 791.

Not to interfere

And the privilege herein granted shall not be construed to interwith State con- fere with the control of water for irrigation and other purposes under authority of the respective States or Territories.

trol.

[blocks in formation]

SEC. 19. That any canal or ditch company desiring to secure the benefits of this act shall, within twelve months after the location of ten miles of its canal, if the same be upon surveyed lands, and if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way.

Whenever any person or corporation, in the construction of any canal, ditch, or reservoir, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or dam

age.

Applicable to SEC. 20. That the provisions of this act shall apply to all canals, existing and fu- ditches, or reservoirs, heretofore or hereafter constructed, whether ture canals, etc. constructed by corporations, individuals, or association of individuals, on the filing of the certificates and maps herein provided for. If such ditch, canal, or reservoir, has been or shall be constructed by an individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and with the register of the land office where said land is located, a map of the line of such canal, ditch, or reservoir, as in case of a corporation, with the name of the individual owner or owners thereof, together with the articles of association, if any there be. Plats heretofore filed shall have the benefits of this act from the date of their filing, as though filed under it:

Forfeiture for noncompletion.

Provided, That if any section of said canal, or ditch, shall not be completed within five years after the location of said section, the

rights herein granted shall be forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent that the same is not completed at the date of the forfeiture.

Rights granted

SEC. 21. That nothing in this act shall authorize such canal or ditch company to occupy such right of way except for the purpose only for canal use. of said canal or ditch, and then only so far as may be necessary for the construction, maintenance, and care of said canal or ditch.

SECS. 22 and 23. [Local.]

SEC. 24 That the President of the United States may, from time

Forest reserva

to time, set apart and reserve, in any State or Territory having pub- tions may be set lic land bearing forests, in any part of the public lands wholly or in apart by Presi part covered with timber or undergrowth, whether of commercial dent. value or not, as public reservations, and the President shall, by public proclamation, declare the establishment of such reservations and the limits thereof. (6) [March 3, 1891.]

NOTE.-(6) Certain forest reservations in California are made by 1890, Sept. 25, ch. 926, and Oct. 1, ch. 1263, (26 Stat. L, 478, 650). See also as to Yellowstone National Park, R S.. §§ 2474, 2475, and note (3) to 1890, July 10, ch. 664, § 2, ante, p. 768. Punishment for injuries to public reservations by 1875, March 3, ch. 151, ante, p. 91.

CHAP. 562.-An act to amend section forty-seven hundred and eighty-seven of the Revised
Statutes of the United States.

Be it enacted, &c., That section forty-seven hundred and eightyseven of the Revised Statutes of the United States be amended by striking out the word "five" where it occurs therein, and inserting in lieu thereof the word "three" so that when amended said section will read as follows:

March 3, 1891.

26 Stat. L., 1103. Substitute for R. S., § 4787.

nished years.

every three

Every officer, soldier, seaman, and marine who was disabled dur- Artificial limbs, ing the war for the suppression of the rebellion, in the military or &c., to be furnaval service, and in the line of duty, or in consequence of wounds received or disease contracted therein, and who was furnished by the R. S., SS 4787War Department since the seventeenth day of June, eighteen hun- 4791. dred and seventy, with an artificial limb or apparatus for resection, 1876, Aug. 15, who was entitled to receive such limb or apparatus since said date, ch. 300, ante, p. shall be entitled to receive a new limb or apparatus at the expiration 1891, Mar. 3, ch. of every three years thereafter, under such regulations as have been 542, par. 4, ante, or may be prescribed by the Surgeon-General of the Army. [March p. 927. 3, 1891.]

122.

CHAP. 563.-An act to provide for the payment of bonds of the District of Columbia falling due July first, eighteen hundred and ninety-one and July first and twenty-sixth, eighteen hundred and ninety-two.

March 3, 1891.

26 Stat. L., 1103.

District of Co

be issued.

Be it enacted, &c., That the Treasurer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, lumbia ten-year is hereby directed to cause bonds to be prepared in sums of one hun- funding bonds to dred, five hundred, and one thousand dollars, to be designated as ten- 1878, June 11, year funding bonds of the District of Columbia, bearing interest at ch. 180, § 7, ante, the rate of three and fifty hundredths per centum per annum, paya- p. 179. ble half yearly on the first days of July and January in each year. Such bonds shall be redeemable at pleasure after two years and payable ten years after the date of their issue.

The principal and interest thereon shall be exempt from taxation by Federal, State, or municipal authority,

Redeemable after two, payable after ten years.

not taxable.

Faith of U. S.

And the faith of the United States is hereby pledged that the United States will, by proportional appropriations and by causing to be pledged. levied upon the property within said District such taxes as will do 1874, June 20, so, provide the revenues necessary to pay the interest on said bonds ch. 337, § 7, ante,

p. 24.

Conditions to be

set forth.

Payable at U.S.

Treasury.

Engraving, signing, &c.

Sale of bonds.

Proceeds exclu

Payment, when

as the same may become due and payable, and create a sinking fund for the payment of the same at maturity;

And the bonds shall have set forth and expressed on their face the above specified conditions,

And the principal and interest thereon shall be made payable at the Treasury of the United States.

Said bonds shall be engraved and printed at the expense of the District of Columbia, shall be signed by the Treasurer of the United States, ex-officio commissioner of the sinking fund, countersigned by the auditor of the District of Columbia, and bear the seal of said District. They shall be numbered consecutively, and registered in the office of the Register of the United States Treasury, for which registration the Secretary of the Treasury shall make such provision as may be necessary.

The Treasurer of the United States is hereby authorized to sell and dispose of any of the bonds issued under this act, at not less than their par value, to the most favorable bidder or bidders, after having duly advertised the same for ten consecutive insertions in two daily papers in Washington and two in New York, the bids to be opened under such regulations as may be prescribed by the Secretary of the Treasury, and the award to be subject to his approval.

The proceeds thereof shall be applied to the redemption of any of sively to redeem the bonds of the District of Columbia falling due on the first day of bonds falling due. July, eighteen hundred and ninety-one, and on the first and twenty sixth days of July, eighteen hundred and ninety-two; but the bonds hereby authorized shall be used for no other purpose whatsoever. Any of the bonds hereby authorized may be called in for payment and in what order. after the expiration of two years from the date of issue, by said Treasurer of the United States, at his discretion. The last of the said bonds originally issued under this act, and their substitutes, shall be first called in, and this order of payment shall be followed until all shall have been paid.

Advertisement

of redemption.

Expenses.

Public notice shall be given by advertisement by ten successive insertions in two daily papers published in the city of Washington of the time on which payment will be made, and the interest on the particular bonds so selected at any time to be paid shall cease at the expiration of thirty days from the date of such notice.

The Commissioners of the District of Columbia are hereby authorized and directed to provide for the payment of all expenses connected with the engraving, issue, and redemption of the above bonds, upon vouchers to be approved by the Treasurer of the United States. [March 3, 1891.]

March 3, 1891.

CHAP. 564.-An act for the protection of the lives of miners in the Territories

26 Stat. L., 1104. Be it enacted, &c., That in each organized and unorganized TerriInspectors of coal mines in Ter- tory of the United States wherein are located coal mines, the aggreritories to be ap- gate annual output of which shall be in excess of one thousand tons pointed. per annum, the President shall appoint a mine inspector, who shall hold office until his successor is appointed and qualified.

-bond.

-qualifications.

Such inspector shall, before entering upon the discharge of his duties, give bond to the United States in the sum of two thousand dollars, conditioned for the faithful discharge of his duties.

SEC. 2. That no person shall be eligible for appointment as mine. inspector under section one of this act who, is not either a practical miner or mining engineer and who has not been a resident for at least six months in the Territory for which he shall be appointed; and no person who shall act as land agent, manager, or agent of any mine, or as mining engineer, or be interested in operating any mine

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