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Private lands SEC. 3. That the legislature of the proper Territory may provide for and possessory the manner in which private lands and possessory claims on the public claims; how condemned. lands of the United States may be condemned; and where such pro1862, ch. 120, (12 vision shall not have been made, such condemnation may be made in Stat. L., 489). accordance with section three of the act entitled (î) “An act to aid in 1864, ch. 216,3 the construction of a railroad and telegraph line from the Missouri River (13 Stat. L., 357). to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.
Profile of road
SEC. 4. That any railroad company desiring to secure the benefits of claiming benefits, this act, shall, within twelve months after the location of any section when to be filed, and lands to be of twenty miles of its road, if the same be upon surveyed lands, and, if sold subject to upon unsurveyed lands, within twelve months after the survey thereof right of way. by the United States, file with the register of the land office for the district where such land is located a profile of its road; and upon 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 right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed road is not com- within five years after the location of said section, the rights herein pleted in five years after location, granted shall be forfeited as to any such uncompleted section of said
Section on which
Act not to apply
SEC. 5. That this act shall not apply to any lands within the limits to lands in reserva- of any military, park, or Indian reservation, or other lands especially reserved from sale, unless such right of way shall be provided for by treaty-stipulation or by act of Congress heretofore passed.
-may be altered by Congress.
SEC. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof. [March 3, 1875.]
NOTE.-(1) The true title of the act here referred to is "An Act to amend"-the rest as in the text.
March 3, 1875.
18 Stat. L., 483.
AN ACT TO AMEND SECTIONS ONE THOUSAND SIX HUNDRED AND SEVENTY-FIVE, ONE
Par. 1. Compensation of ambassadors, envoys,
of minsters resident and commissioners.
- of second secretaries of legation to
Be it enacted, &c.
[Par. 1.] That section one thousand six hundred and seventy-five of voys, ministers the Revised Statutes be amended so as to read as follows: (1) plenipotentiary; substitute for.
R. S., § 1675. 1878, June 4, ch.
"SEC. 1675. Ambassadors and envoys extraordinary and ministers plenipotentiary shall be entitled to compensation at the rates following, per annum, namely:
"Those to France, Germany, Great Britain, and Russia, each, seventeen thousand five hundred dollars.
"Those to Austria, Brazil, China, Italy, Japan, Mexico, and Spain, each, twelve thousand dollars.
"Those to all other countries, unless where a different compensation is prescribed by law, each, ten thousand dollars.
"And, unless when otherwise provided by law, ministers resident and commissioners shall be entitled to compensation at the rate of seventyfive per centum, chargés d'affaires at rate of fifty per centum, and secretaries of legation at the rate fifteen per centum, of the amounts allowed
NOTE. (1) This act has been incorporated into the second edition of the Revised Statutes in the proper sections.
to ambassadors, envoys extraordinary, and ministers plenipotentiary to the said countries respectively; except that the secretary of legation to Japan shall be entitled to compensation at the rate of twenty-five hundred dollars per annum.
"The second secretaries of the legations to France, Germany, and Great Britain shall be entitled to compensation at the rate of two thousand dollars each per annum.”
[Par. 2.] That section one thousand six hundred and seventy-six of the said Revised Statutes be amended so as to read as follows: (1) (Sup.) ["The agent and consul-general at Cairo shall be entitled to compensation at the rate of three thousand five hundred dollars per annum."]
[Par. 3.] That section one thousand six hundred and eighty-one be amended so as to read as follows:
1878, June 4, ch. 155.
of minister resident at Uruguay. R. S., § 1681. 1878, June 4, ch.
"The minister resident to Uruguay, when also accredited to Paraguay, shall be entitled to compensation at the rate of ten thousand dollars per 155. annum."
[Par. 4.] That the following be added to section one thousand six hundred and eighty-two: (1)
"And he shall receive compensation at the rate of ten thousand dollars per annum." [March 3, 1875.]
of minister resi
dent to Guatema
la, Costa Rica, &c. R. S., § 1682. 1878, June 4, ch.
NOTE.—(1) This act has been incorporated into the second edition of the Revised Statutes in the 155.
AN ACT TO AMEND SECTION NUMBERED THREE THOUSAND THREE HUNDRED AND
Brewers' stamps, how procured, affixed, and can- Penalty for neglect by brewers. celed.
Be it enacted, &c., That section numbered three thousand three hundred and forty-two of the Revised Statutes be amended so as to read as follows: (1)
That every brewer shall obtain, from the collector of the district in which his brewery or brewery-warehouse is situated, and not otherwise unless such collector shall fail to furnish the same upon application to him, the proper stamps, and shall affix, upon the spigot-hole in the head of every hogshead, barrel, keg, or other receptacle in which any fermented liquor is contained, when sold or removed from such brewery or warehouse, (except in case of removal under permit, as hereinafter provided,) a stamp denoting the amount of the tax required upon such fermented liquor, which stamp shall be destroyed by driving through the same the faucet through which the liquor is to be withdrawn, or an air-faucet of equal size, at the time the vessel is tapped, in case the vessel is tapped through the other spigot-hole, (of which there shall be but two, one in the head and one in the side,) and shall, also, at the time of affixing such stamp, cancel the same by writing or imprinting thereon the name of the person, firm, or corporation by whom such liquor was made, or the initial letters thereof, and the date when canceled.
March 3, 1875.
18 Stat. L., 484.
Brewers' stamps, how procured, affixed, and canceled.
R. S., § 3342.
Penalty for neg
Every brewer who refuses or neglects to affix and cancel the stamps required by law in the manner aforesaid, or who affixes a false or fraud- lect by brewers. ulent stamp thereto, or knowingly permits the same to be done, shall pay a penalty of one hundred dollars for each barrel or package on which such omission or fraud occurs, and be imprisoned not more than one year. [March 3, 1875.]
NOTE.-(1) This act is incorporated in § 3342 of the second edition of the Revised Statutes.
March 3, 1875.
18 Stat. L., 484.
R. S., § 1422.
AN ACT TO AMEND SECTION FOURTEEN HUNDRED AND TWENTY-TWO OF THE REVISED
THE NAVY. (1)
In Navy, petty-officers and men sent home at ex-
-persons enlisted out of United States, how dis-
Persons sent home are subject to regulations, &c.
In Navy, pettyofficers and men to be sent home at expiration of enlistment, unless de- SEC. 1422. That it shall be the duty of the commanding officer of any tained for public fleet, squadron, or vessel acting singly, when on service, to send to an interest; substi- Atlantic or to a Pacific port of the United States, as their enlistment may have occurred on either the Atlantic or Pacific coast of the United States, in some public or other vessel, all petty-officers and persons of inferior ratings desiring to go there at the expiration of their terms of enlistment, or as soon thereafter as may be, unless, in his opinion, the detention of such persons for a longer period should be essential to the public interests, in which case he may detain them, or any of them, until the vessel to which they belong shall return to such Atlantic or Pacific port.
Be it enacted, &c., That section fourteen hundred and twenty-two of the Revised Statutes of the United States be amended to read as follows: (1)
- persons enlisted
out of United States, how discharged, &c.
home are subject to regulations, &c.
All persons enlisted without the limits of the United States may be discharged, on the expiration of their enlistment, either in a foreign port or in a port of the United States, or they may be detained as above provided beyond the term of their enlistment;
And that all persons sent home, or detained by a commanding officer, according to the provisions of this act, shall be subject in all respects to the laws and regulations for the government of the Navy until their return to an Atlantic or Pacific port and their regular discharge;
-how long may And all persons so detained by such officer, or re-entering to serve be detained, and until the return to an Atlantic or Pacific port of the vessel to which extra pay therefor. they belong, shall in no case be held in service more than thirty days after their arrival in said port; and that all persons who shall be so detained beyond their terms of enlistment or who shall, after the termination of their enlistment, voluntarily re-enter to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, and their regular discharge therefrom, shall receive for the time during which they are so detained, or shall so serve beyond their original terms of enlistment, an addition of one-fourth of their former pay;
Shipping-articles to contain this
R. S., § 1425.
Provided, That the shipping-articles shall hereafter contain the substance of this section. [March 3, 1875.]
NOTE. (1) This act is incorporated into § 1422 of the second edition of the Revised Statutes.
March 3, 1875.
18 Stat. L., 485.
Hospital dues to
be collected of masters, &c., of
AN ACT TO PROMOTE ECONOMY AND EFFICIENCY IN THE MARINE HOSPITAL SERVICE.
[SECTION 1], That the Secretary of the Treasury shall cause to be
registered,' en prepared a schedule of the average number of seamen required in the
safe and ordinary navigation of registered, enrolled, and licensed ves- rolled, and licensed sels of the United States, basing such schedule upon the differences in vessels, of 40 cents for each of average rig, tonnage, and kind of traffic. number of seamen And from and after the completion and publication of said schedule, required, &c. hospital-dues, at the rate and for the periods prescribed in sections four R. S., §§ 4585, thousand five hundred and eighty-five and four thousand five hundred 4587. and eighty-seven of the Revised Statutes of the United States, shall be assessed and collected, from the master or owner of each vessel subject to such dues, upon the average number of seamen as set forth in said schedule:
Provided, That nothing herein contained shall be held to debar masters or owners of vessels from deducting such dues from each seaman's wages, as by law now authorized.
Hospital dues may be deducted from wages.
R. S., § 4585, 4587.
except, &c., to
SEC. 2. That from and after May first, eighteen hundred and seventy- Vessels subject five, every vessel subject to hospital-tax, except vessels required by law to hospital-tax, to carry crew-lists, shall have and keep on board, subject to inspection keep seaman's and verification at all times by any officer of the customs, a seaman's time-book. time-book, which shall be furnished by the Treasury Department; and in which time-book shall be entered the name, date of shipment, and date of discharge of every seaman employed on board such vessel;
Aud the master or owner of any vesssl subject to hospital-tax, vessels Penalty on mascarrying crew-lists as above excepted, shall forfeit and pay the sum of ter for neglect to fifty dollars for each and every seaman found employed on board his keep book, &c. vessel without a corresponding entry in said time-book; and the sums so forfeited shall be collected by the collector of customs upon the sworn statement of the customs-officers who make the inspections, and shall be paid into the Treasury to the credit of the marine-hospital fund, for the general purposes of which fund said sums are hereby appropriated.
SEC. 3. That term "seaman," wherever employed in legislation relat- Meaning of word ing to the marine-hospital service, shall be held to include any person in marine-hospital employed on board in the care, preservation, or navigation of any ves- laws. sel, or in the service, on board, of those engaged in such care, preserva- R. S., §§ 4801tion, or navigation.
SEC. 4. That the Secretary of the Treasury may rent or lease such marine-hospital buildings, and the lands appertaining thereto, as he may deem advisable in the interests of the marine-hospital service; and the proceeds of such rents or leases are hereby appropriated for the said service.
Marine-hospital buildings may be
R. S., § 4806.
SEC. 5. That insane patients of said service shall be admitted into In marine-hosthe Government Hospital for the Insane upon the order of the Secre- pital service patients may be adtary of the Treasury, and shall be cared for therein until cured or until mitted to Governremoved by the same authority; and the charge for each such patient ment Hospital for shall not exceed four dollars and fifty cents a week, which charge shall Insane; charge be paid out of the marine-hospital fund.
therefor. R. S., § 4843. 1880, June 16, ch. 235, par. 2. SEC. 6. That sick and disabled seamen of foreign vessels and of ves--sick and disasels not subject to hospital-dues may be cared for by the marine-hospital ble service at such rates and under such regulations as the Secretary of the Treasury may prescribe.
SEC. 7. That the compensation of the Supervising Surgeon of the United States marine hospital service shall be paid out of the marinehospital fund, and the salary of the supervising surgeon shall be four thousand dollars a year.
SEC. 8. That all acts and part of acts inconsistent with this act are hereby repealed. [March 3, 1875.]
sels, foreign or not,
subject to dues,
March 3, 1875.
18 Stat. L., 486.
Amoor River dis
- at Vladivostock
be of class five.
Consuls at Vla
AN ACT TO ABOLISH THE CONSULATE AT AMOOR RIVER AND ESTABLISH A CONSULATE
Consulate at Amoor River discontinued.
- at Vladivostock to be of class five.
Consuls of Vladivostock, Fayal, and Auckland may engage in trade.
Be it enacted, &c., That Amoor River, in Russia, be discontinued as a consulate of class five, in schedule B, as the same was amended by chapter two hundred and seventy-five of the laws of the first session of the Forty-third Congress;
And that Vladivostock be a consulate of class five, in schedule B, and that the consul at Vladivostock and the consuls at Fayal and Auckland divostock, Fayal, be, and they severally hereby are, exempted from the prohibition to enand Auckland may gage in business and trade embraced in sections one thousand six hunengage in trade. dred and ninety-nine and one thousand and seven hundred of the ReR. S., §§ 1699, vised Statutes of the United States. [March 3, 1875.]
March 3, 1875. 18 Stat. L., 497.
AN ACT APPROVING THE ACTION TAKEN BY THE SECRETARY OF WAR UNDER THE
Officers mustered out as supernumeraries under act of 1870, ch. 294, § 3, and reappointed; to refund one year's pay.
SEC. 2. That hereafter whenever any person, who was mustered out out as supernu- as a supernumerary officer of the Army with one years pay and allowmeraries under act ances, in addition to the pay and allowances due him at the date of his of 1870, ch. 294, § 3 (16 Stat. L., 317), discharge, under the provisions of the act making appropriations for the and reappointed; support of the Army for the year ending June thirtieth eighteen hunto refund one dred and seventy-one and for other purposes, approved July fifteenth year's pay, &c. eighteen hundred and seventy, shall be re-appointed by the President, an officer of the Army, such appointment shall be under and with the express condition, that fifty per cent of such officers pay shall be stopped monthly, until the sum total of the extra years pay and allowances received by him, when mustered out as aforesaid, shall have been refunded to the United States. [March 3, 1875.]
15 Opin. Att'yGen., 177.
AN ACT TO PROVIDE FOR THE SALE OF DESERT LANDS IN LASSEN COUNTY, CALI
1. Citizens may reclaim and purchase desert
filing certain certificates, &c.
Be it enacted, &c.
[SECTION 1], That it shall be lawful for any citizen of the United Citizens may reStates, or any person of requisite age who may be entitled to become a claim and purchase desert land citizen, and who has filed his declaration of intention to become such, to in Lassen County, file a declaration with the register and the receiver of the proper land Cal., upon filing district for the county of Lassen, California, in which any desert land is certain certificate, situated, that he intends to reclaim a tract of desert land situated in R. S., § 2367. said county, not exceeding one section, by conducting water upon the 1877, March 3, same, so as to reclaim all of said land within the period of two years ch. 107. thereafter; and said declaration shall be under oath and shall describe