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Provided, That no party has been or shall be deprived of the right of trial by jury in cases cognizable at common-law.
Right of trial by jury preserved. Appellate juris
Court of United
SEC. 2. That the appellate jurisdiction of the Supreme Court of the United States over the judgments and decrees of said Territorial courts diction of Supreme in cases of trial by jury shall be exercised by writ of error, and in all States, how exerother cases by appeal according to such rules and regulations as to form cised. and modes of proceeding as the said Supreme Court have prescribed or may hereafter prescribe:
Provided, That an appeal, instead of the evidence at large, a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court on the admission or rejection of evidence when excepted to, shall be made and certified by the court below, and transmitted to the Supreme Court together with the transcript of the proceedings and judgment or decree; but no appellate proceedings in said Supreme Court, heretofore taken upon any such judgment or decree, shall be invalidated by reason of being instituted by writ of error or by appeal :
R. S., §§ 702, 703, 1909, 1911. Proceedings on appeal.
R. S., § 698. 99 U. S., 610.
And provided further, That the appellate court may make any order in cases heretoin any case heretofore appealed, which may be necessary to save the fore appealed and rights of the parties; and that this act shall not apply to cases now now pending. pending in the Supreme Court of the United States where the record has already been filed. [April 7, 1874.]
AN ACT TO ESTABLISH A RESERVATION FOR CERTAIN INDIANS IN THE TERRITORY OF
Public land in Montana reserved for certain Indian tribes.
April 15, 1874. 18 Stat. L., 28.
Public land in
Be it enacted, &c., That the following described tract of country, in the Territory of Montana, be, and the same is hereby, set apart for the Montana reserved use and occupation of the Gros Ventre, Piegan, Blood, Blackfoot, River for certain Indian Crow, and such other Indians as the President may, from time to time, see fit to locate thereon, viz:
Commencing at the northwest corner of the Territory of Dakota, being the intersection of the forty-ninth parallel of north latitude and the one hundred and fourth meridian of west longitude; thence south to the south bank of the Missouri river; thence up and along the south bank of said river, to a point opposite the mouth of the Maria's river; thence along the main channel of the Maria's river to Birch Creek; thence up the main channel of Birch Creek to its source; thence west to the summit of the main chain of the Rocky Mountains; thence along the summit of the Rocky Mountains to the northern boundary of Montana; thence along said northern boundary to the place of beginning. [April 15, 1874.]
R. S., § 1903,
AN ACT AUTHORIZING THE PAYMENT OF ANNUITIES INTO THE TREASURY OF THE
Annuities, &c., to Seminole Indians, how paid and School fund.
Consent of tribe to be obtained.
April 15, 1874. 18 Stat. L., 29.
Be it enacted, &c., That the Commissioner of Indian Affairs, with the Annuities, &c., sanction of the Secretary of the Interior and the President of the United to Seminole IndiStates, in distributing and paying annuities, interest, or other moneys ans, how paid and
Treaty, Art. 8
R. S., §
now due or hereafter to become due to the Seminole tribe of Indians under the provisions of the eighth article of the treaty between the Creek (11 Stat. L., 702). and Seminole Indians and the United States, concluded August seventh, 2081, eighteen hundred and fifty-six, shall be authorized to expend the same for such objects as will best promote the comfort, civilization, and im
Consent of tribe to be obtained.
provement of the Seminole Indians, or in his discretion, with the sanction of the Secretary and the President aforesaid, shall be authorized to pay such annuities or any part thereof into the treasury of the Seminole nation to be used as the council of the same shall provide, instead of paying the same per capita according to the terms of said treaty: Provided, That said agreement shall provide that the sum of five thousand dollars shall be annually appropriated out of said annuity to the school fund of said tribe:
And provided further, That the consent of said tribe to such expenditures and payment shall be first obtained. (1) [April 15, 1874.]
NOTE. (1) The consent here required was given in writing and filed in the office of Indian Affairs
April 15, 1874.
18 Stat. L.,
Land in Fort
AN ACT TO DONATE THE MILITARY RESERVATION AT FORT STEILACOOM TO THE TER-
Land in Fort Steilacoom granted to Washington -saving vested rights of persons.
Be it enacted, &c., That section thirty-three of township numbered Steilacoom grant- twenty north, of range numbered two east of Willamette meridian, emed to Washington bracing a portion of Fort Steilacoom military reservation, and the mili Territory for insane asylum. tary barracks thereon, in the county of Pierce, and the Territory of Washington, be, and the same is hereby, donated to the said Territory of Washington for the use and purpose of an asylum for the insane of said Territory, and for no other purpose:
-saving vested rights of persons.
Provided, That this act shall not be construed or have the effect to impair any rights of any person in or to any portion of said lands acquired under any of the land laws of the United States. [April 15, 1874.]
April 15, 1874.
18 Stat. L., 29.
AN ACT TO FORFEIT TO THE UNITED STATES CERTAIN LANDS GRANTED TO THE PLA-
Lands granted to Placerville and Sacramento Valley Railroad Company forfeited, and to be disposed of as public lands.
Lands granted Be it enacted, &c., That all lands which were granted by Congress in to Placerville and the year eighteen hundred and sixty-six to the Placerville and SacraSacramento Valley Railroad Company mento Valley Railroad Company to aid in constructing a railroad from forfeited, and to be the town of Folsom to the town of Placerville, in the State of Califordisposed of as pub- nia, and which have not been patented by the United States to said 1866, ch. 182 (14 company under said grant which have expired by limitation, are hereby Stat. L., 94-97). declared forfeited to the United States, and these lands shall hereafter 1875, Mar. 3, ch. be disposed of as other public lands of the United States. [April 15, 1874.]
April 17, 1874.
18 Stat. L., 30.
on western and
AN ACT TO AMEND THE ACT ENTITLED "AN ACT RELATING TO THE ENROLLMENT
Enrollment and license of vessels on western and northern waters, how may be issued or renewed in
Be it enacted, &c., That the provisions (1) of the act relating to the license of vessels enrollment and license of vessels navigating the western rivers and the northern waters, waters on the northern, northeastern, and northwestern frontiers of the how may be issued United States, otherwise than by sea, approved February twenty-eighth, or renewed in dis- eighteen hundred and sixty-five, are hereby extended to include all vestricts other than sels of the United States navigating the waters of the United States. R. S., § 4328.
[April 17, 1874.]
NOTE.(1) The provisions of the act of 1865, ch. 69 (13 Stat. L., 444), here referred to, are incorporated into Revised Statutes in the section noted in the margin.
AN ACT TO AUTHORIZE THE EMPLOYMENT OF CERTAIN ALIENS AS ENGINEERS AND
Aliens, in certain cases, may be licensed as engineers and pilots to serve on steam-vessels.
April 17, 1874.
neers and pilots to on steam
18 Stat. L., 30. Be it enacted, &c., That any alien who, in the manner provided for by Aliens, in certain law, has declared his intention to become a citizen of the United States, cases, may be liand who shall have been a permanent resident of the United States for engiat least six months immediately prior to the granting of such license, serve may be licensed, as if already naturalized, to serve as an engineer or vessels. pilot upon any steam-vessel subject to inspection under the provisions R. S., §§ 4131, of the act entitled (1) "An act to provide for the better security of life on 4438, 4441, 4442. board of vessels propelled, in whole or in part, by steam, and for other purposes," approved February twenty-eighth, eighteen hundred and seventy-one. [April 17, 1874.]
NOTE.-(1) The provisions of the act of 1871, ch. 100 (16 Stat. L., 440), here referred to, are incorporated into the Revised Statutes in the sections noted in the margin.
AN ACT TO AMEND THE ACT ENTITLED "AN ACT FOR ENROLLING AND LICENSING
HUNDRED AND NINETY-THREE.
enrollment and license, and from R. S., §§ 4220, 4311-4390.
Certain canal-boats exempt from enrollment and license, and from payment of customs fees. Be it enacted, &c., (1) That the act to which this is a supplement shall not be so construed as to extend the provisions of the said act to canal boats boats exempt from or boats employed on the internal waters or canals of any State; and all such boats, excepting only such as are provided with sails or pro- customs fees. pelling machinery of their own adapted to lake or coastwise navigation, and excepting such as are employed in trade with the Canadas, shall be 15 Opin. Att'y exempt from the provisions of the said act, and from the payment of all Gen., 52. customs and other fees under any act of Congress. [April 18, 1874.] 16 Opin. Att'y NOTE.—(1) The provisions of the act of 1793, ch. 8 (1 Stat. L., 305), here referred to, are incorporated into
Revised Statutes among the sections noted in the margin.
AN ACT TO SECURE TO THE DOMESTIC AND FOREIGN MISSIONARY SOCIETY OF THE
Land in White Earth Indian reservation in Min- -on condition that estate shall cease when not so
April 18, 1874.
18 Stat. L., 31.
Land in White
ervation in Min
Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized and directed, by and with the consent of the Missis- Earth Indian ressippi bands of Chippewa Indians, to cause to be issued a patent to the nesota granted for Domestic and Foreign Missionary Society of the Protestant Episcopal missionary Church in the United States, for eighty acres of land, to embrace the school purposes. church, parsonage and hospital, and such other buildings as may have been, or may, prior to the issue of such patent be, erected by and under the direction of said society on the White Earth Indian reservation in Minnesota, said land to be selected by the person acting under the au thority of said society, and reported by the United States agent for the Chippewa Indians in Minnesota, through the Office of Indian Affairs, to the Secretary of the Interior:
-on condition that estate shall cease when not so
Provided, That the estate to be conveyed to said society shall cease and be determined when the land and the erections thereon shall no longer be occupied and used by said society for missionary and school used. purposes. [April 18, 1874.]
April 20, 1874.
18 Stat. L., 33.
AN ACT TO PROVIDE FOR THE INSPECTION OF THE DISBURSEMENTS OF APPROPRIA-
1. Secretary of War to make frequent inquiries
Be it enacted, &c.
2. Secretary of War to report thereon to Congress annually.
Secretary of War [SECTION 11, That it shall be the duty of the Secretary of War to to make frequent cause frequent inquiries to be made as to the necessity, economy, and inquiries as to ne- propriety of all disbursements made by disbursing officers of the Army, cessity, economy, and as to their strict conformity to the law appropriating the money; ments by Army also to ascertain whether the disbursing officers of the Army comply officers, &c.
&c., of disburse
R. S., § 216.
with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the inspection department of the Army, or others detailed for that purpose:
Provided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement.
SEC. 2. That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. [April 20, 1874.]
April 24, 1874.
18 Stat. L., 34.
AN ACT TO ESTABLISH THE BISMARCK LAND DISTRICT IN THE TERRITORY OF DA-
Bismarck land district in Dakota,
and land office therein.
1. Bismarck land district in Dakota and land- 2. receiver and register of.
Be it enacted, &c.
[SECTION 1], That all that portion of Dakota Territory lying north of R. S., 2256, 2d the seventh standard parallel and west of the ninth guide-meridian be, ed., p. 411. and the same is hereby, created into a separate land district, to be known as the Bismarck district; and the land office for said district shall be located at the town of Bismarck, where the North Pacific Railroad intersects the Missouri River.
register and receiver of.
SEC. 2. That a register and a receiver shall be appointed for said district land office, who shall be governed by the same laws and receive R. S., §§ 2234- the same compensation as prescribed for similar officers in the other land districts of said Territory. [April 24, 1874.]
April 29, 1874.
18 Stat. L., 35.
Indians prior to
AN ACT RELATIVE TO PRIVATE CONTRACTS OR AGREEMENTS MADE WITH INDIANS
[SECTION 1], That hereafter it shall not be lawful for any United to be recognized by States officer, or other person under its employ or control, to recognize public officers, ex- the binding force or legality, or in any manner sustain or enforce or cept in cases speci- counsel, or give any aid or assistance to sustain or enforce, any contract R. S., §§ 2103, or agreement made by any person or persons, or corporation, with any band, tribe, or nation of Indians, or individual Indian or Indians, not
a citizen of the United States, entered into prior to the date of the act of Congress entitled (1) "An act regulating the mode of making private contracts with Indians," approved May twenty-first, eighteen hundred and seventy-two, for the payment or delivery of any money or other thing of value, in present or prospective, or for the granting or procuring any privilege to him or her, or any other person or persons, or corporation, in consideration of services for, or advancements made to, said Indians relative to their lands, or to any claim growing out of or in reference to annuities, instalments, or other moneys, claims, demand, or thing under laws or treaties with the United States, or official acts of any officer thereof, or in any way connected with or due from the United States, unless such contract or agreement was reduced to writing and duly signed by the parties in interest thereto at the time it was entered into and fully made known to the parties at the time the contract was signed, and then not until such original written contract shall first have been presented to and examined by the Secretary of the Interior and the Commissioner of Indian Affairs, and these facts by them severally endorsed thereon, and a copy of said contract and of any assignments that may have been made thereon duly entered of record in the office of the Commissioner of Indian Affairs.
SEC. 2. That in addition thereto there shall also be filed in said Com--statements of missioner's office, and retained therein as official papers, and be examfacts concerning, to be filed in Comined by said Commissioner and Secretary, and that fact indorsed on missioner's office. them, the following statement of facts touching each and all such contracts and agreements so presented; which statements shall be sworn to specially by all and severally the person or persons claiming interest in and seeking the support and enforcement of such contract or agreement, and not by agent or attorney:
First, that the writing presented for examination and record, as provided for in the first section of this act, and purporting to be the original contract or agreement, is in fact such, and that it was entered into and reduced to writing at the date and for the purposes it purports to have been made and executed;
Secondly, such sworn statement shall give particularly the names of the real parties in interest in the original contract or agreement, naming them if not named in the written contract or agreement, and if either of the contracting parties is a band, tribe, or nation of Indians, or a corporation or firm, the name of the person, officer, or agent contracting in their behalf, together with his authority for so doing, shall be specially stated;
Thirdly, a particular statement of all and singular the services rendered or the thing or things done under such contract or agreement prior to said filing, with those things to be done or rendered, together with a particular statement of any and all moneys paid or advanced by either party under such contract or agreement, giving in all cases the time, place, and real value of services rendered, or thing or things done, or the kind and manner of payment, whether in money, property, or credits, up to the date of the filing of the said sworn statement;
Fourthly, state specifically whether the original contract or agreement had been submitted to any Secretary of the Interior, Commissioner of Indian Affairs, superintendent of Indian affairs, Indian agent, commissioner, or other person having official control of or connection with Indian affairs, giving the time when, place where, and person by name to whom such submission was made, and whether by said officer indorsed or not, or whether any such officer was cognizant of such contract or agreement having been made, though not submitted to him for approval.
SEC. 3. That the Secretary or Commissioner of Indian Affairs is hereby empowered to require, in writing, any additional facts or proofs that may be necessary to aid in determining the true character of the contract or agreement, or assignment thereof.
additional facts and proofs may be required.
Secretary of Interior to determine
contracts just, &c., before they can be
SEC. 4. That no such contract or agreement shall be recognized by any officer or employee of the United States until the Secretary of the Inte rior shall, after full consideration of any such contract or agreement, together with the proofs and papers in this act required to be filed, and recognized. such as the Secretary of the Interior or Commissioner of Indian Affairs may require in addition thereto, the Secretary of the Interior shall consider to be just and reasonable, and not tainted with fraud, and not exorbitant in its demands:
NOTE.-(1) The provisions of the act of 1872, ch. 177 (17 Stat. L., p. 136), here referred to, are incorporated into Revised Statutes in the sections noted in the margin.