CHAPTER 74. AN ACT FOR THE RELIEF OF CERTAIN CLAIMANTS UNDER THE DONATION LAND LAW of Oregon, APPROVED SEPTEMBER TWENTY-SEVENTH, EIGHTEEN HUNDRED AND FIFTY. Claims for settlements on lands in Oregon and Washington Territories, included in certain military reservations, made valid and patents to issue. Feb. 28, 1877. 19 Stat. L., 264. Be it enacted, &c., That the claims of such persons who were duly Claims for setqualified thereto, and made bona-fide settlements upon lands in the tlements on lands State of Oregon and Washington Territory, under the provisions of the in Oregon and in Washington Terriact of Congress, approved September twenty-seventh, eighteen hundred tory, included in and fifty, entitled "An act to create the office of surveyor general of the certain military public lands in Oregon, and to provide for the survey, and to make reservations, made donations to settlers of the said public lands," and the legislation sup- to issue. valid and patents plemental thereto, which have been included, in whole or in part, within the limits of any reservation made by the United States for military pur. poses subsequent to the date of such settlement and prior to the completion of the period of residence and cultivation required by said act, which reservation has been, or may hereafter be, declared abandoned by the Secretary of War as no longer necessary to the United States for mili tary or other purposes, shall be adjudicated and patented the same as other donation claims arising under said act and supplemental legislation, as though such reservation had never been made: Provided however, That no claim of any settler coming within the purview of this act shall be validated or confirmed the value of whose improvements, at the time such reservation was made by the United States, has been ascertained and paid for by the Secretary of War, as required by the aforesaid act of September twenty-seventh, eighteen hundred and fifty, and the legislation supplemental thereto. [February 28, 1877.] 1850, ch. 76 (9 Stat. L., 496). R. S., § 2393. SECTION СНАРТER 75. AN ACT TO PROVIDE FOR THE SALE OF CERTAIN LANDS IN KANSAS. Preamble. 1. Cherokee strip of public land in Kansas to be sold. SECTION 2. Proceeds; how disposed of. Whereas, certain lands in the State of Kansas, known as the Cherokee strip, being a strip of land on the southern boundary of Kansas, some two or three miles wide, detached from the lands patented to the Cherokee Nation by the act known as the Kansas-Nebraska bill, in defining the boundaries thereof, said lands still being, so far as unsold, the property of the Cherokee Nation; and Whereas an act was passed by the Forty-second Congress, which became a law on its acceptance by the Cherokee national authorities, and which fixed the price of the lands east of Arkansas River at two dollars per acre, and west of said river at one dollar and fifty cents per acre; and Whereas portions of the same have been sold under said law, and portions remain unsold, the price being too high: Therefore, Be it enacted, &c. Feb. 28, 1877. 19 Stat. L., 265. Preamble. 1872, ch. 157 (17 Stat. L., 98). sas to be sold. [SECTION 1], That the Secretary shall offer for sale to settlers all of Cherokee strip of said tract remaining unsold at the passage of this act at the local land public land in Kanoffices in the districts in which it is situated, at one dollar and twentyfive cents per acre; and all of said lands remaining unsold after one year from the date at which they are so offered for sale at the local landoffices shall be sold by the Secretary of the Interior for cash, in quantities or tracts not exceeding one hundred and sixty acres, at not less than one dollar per acre. SEC. 2. That the proceeds of said lands shall be paid into the Treas Proceeds; how ury of the United States, and placed to the credit of the Cherokee Na- disposed of. When act takes effect. tion, and shall be paid to the treasurer of the Cherokee Nation, on the order of the legislative council of the Cherokee Nation. SEC. 3. That this act shall take effect and be in force from the date of its acceptance by the legislature of the Cherokee Nation, who shall file certificate of such acceptance. (1) [February 28, 1877.] NOTE.-(1) The legislature of tho Cherokee Nation passed an act December 1, 1877, accepting the conditions and provisions of this act. March 1, 1877. 19 Stat. L., 267. Indemnity school lands confirmed to California. R. S., § 2485. where selections CHAPTER 81. AN ACT RELATING TO INDEMNITY SCHOOL SELECTIONS IN THE STATE OF CALIFORNIA. SECTION 1. Indemnity school lands confirmed to Califor- 2. -where selections fail for certain reasons. Be it enacted, &c. SECTION 3. Confirmation not to extend to claims of actual settlers. 4. Act not to apply to mineral lands nor lands in San Francisco. [SECTION 1], That the title to the lands certified to the State of California, known as indemnity school selections, which lands were selected in lieu of sixteenth and thirty-sixth sections, lying within Mexican grants, of which grants the final survey had not been made at the date of such selection by said State, is hereby confirmed to said State in lieu of the sixteenth and thirty-sixth sections, for which the selections were made. SEC. 2. That where indemnity school selections have been made and fail for certain rea- certified to said State, and said selection shall fail by reason of the land in lieu of which they were taken not being included within such final survey of a Mexican grant, or are otherwise defective or invalid, the same are hereby confirmed, and the sixteenth or thirty-sixth section in lieu of which the selection was made shall, upon being excluded from such final survey, be disposed of as other public lands of the United States; sons. tified for school Innocent purProvided, That if there be no such sixteenth or thirty-sixth section, chasers of land cer; and the land certified therefor shall be held by an innocent purchaser sections protected. for a valuable consideration, such purchaser shall be allowed to prove 16 Opin. Att'y- such facts before the proper land-office, and shall be allowed to purchase Gen., 69. the same at one dollar and twenty-five cents per acre, not to exceed three hundred and twenty acres for any one person: Confirmation not Provided, That if such person shall neglect or refuse, after knowledge of such facts, to furnish such proof and make payment for such land, it shall be subject to the general land-laws of the United States. SEC. 3. That the foregoing confirmation shall not extend to the lands to extend to claims settled upon by any actual settler claiming the right to enter not exceeding the prescribed legal quantity under the homestead or pre-emption laws: of actual settlers. Act not to apply Provided, That such settlement was made in good faith upon lands not occupied by the settlement or improvement of any other person, and prior to the date of certification of said lands to the State of California by the Department of the Interior: And provided further, That the claim of such settler shall be presented to the register and receiver of the district land-office, together with the proper proof of his settlement and residence, within twelve months after the passage of this act, under such rules and regulations as may be established by the Commissioner of the General Land Office. SEC 4. That this act shall not apply to any mineral lands, nor to any to mineral lands lands in the city and county of San Francisco, nor to any incorporated city or town, nor to any tide, swamp, or overflowed lands. [March 1, 1877.] nor lands in San Francisco. CHAPTER 82. AN ACT TO PROVIDE FOR THE PREPARATION AND PUBLICATION OF A NEW EDITION amendments to be incorporated. references to be made. other matter to be included. Be it enacted, &c. March 2, 1877. 19 Stat. L., 268. Commissioner to [SECTION 1], That the President of the United States be, and he is hereby, authorized to appoint, by and with the advice and consent of prepare new edithe Senate, one person, learned in the law, as a commissioner, for the purpose of preparing and publishing a new edition of the first volume of the Revised Statutes of the United States. tion of Revised Statutes. -to incorporate amendments, &c. 17 Blatch., 363. 15 Ct. Cls., 80, SEC. 2. That in performing this duty, said commissioner shall be required to incorporate into the text of the Revised Statutes as published in the year anno Domini eighteen hundred and seventy five, under the act of June twentieth, eighteen hundred and seventy-four, all the amend- 453. ments which have been made in the revision so published since the first day of December, eighteen hundred and seventy-three, and all that shall be made up to the close of the present session of Congress, with marginal references to such amendatory acts, and to all the decisions of the several courts of the United States, (as far as the same may have been published,) which may have been made subsequent to those already cited in the margin of the present revision, and may include also citations to such judicial decisions of the various State courts as he may deem important; And he shall also make marginal references to the various statutes - make marginal passed by Congress since the first day of December, eighteen hundred references. and seventy-three, not expressly therein declared to be amendments to the Revised Statutes, but which, in the opinion of said commissioner, may in any manner affect or modify any of the provisions of the said Revised Statutes, or any of the amendments thereto, indicating in such marginal notes by a difference in type the references to statutes of this kind, and he shall revise the indexes and incorporate therein references to the additions herein required. Other matter to SEC. 3. That there shall also be included in said edition the Articles of Confederation, the Declaration of our National Independence, the be included. Ordinance of seventeen hundred and eighty seven for the government of the Northwestern Territory, the Constitution of the United States, with foot notes referring to decisions of the Federal courts thereon, the "Act to provide for the revision and consolidation of the statute laws of the United States," approved June twenty-seventh, eighteen hundred and sixty-six, and the "Act providing for publication of the Revised Statutes and the laws of the United States," approved June twentieth, eighteen hundred and seventy-four, as well as the present act. 15 Ct. Cls., 80. SEC. 4. That said new edition shall be completed in manuscript by When completed said commissioner by the first day of January anno Domini eighteen and certified, to be hundred and seventy-eight, and by him presented to the Secretary of legal evidence. 1878, March 9, State for his examination and approval, who is hereby required to ex- ch. 26. amine and compare the same as amended, with all the amendatory acts, and, within two months after having been submitted to him, and when the same shall be completed, the said Secretary shall duly certify the same under the seal of the Secretary of State, and when printed and promulgated as herein provided the printed volume shall be legal [and conclusive] evidence of the laws [and treaties] therein contained, in all the courts of the United States, and of the several States and Territories, [but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy three;] (1) NOTE. (1) This section is here printed as amended by the act of 1878, March 9, ch. 26, the words in brackets in italics being stricken out and those in roman inserted thereby. Copies of Re- And said Secretary shall cause fifteen thousand copies of the same to vised Statutes to be printed and bound at the Government Printing Office, under the be printed. Res. 1878, No. 22, supervision of said commissioner, at the expense of the United States, and without unnecessary delay. p. 387. Compensation of commissioner. SEC. 5. That said commissioner shall receive, as full compensation for all services above required to be performed by him, the sum of five thousand dollars. [March 2, 1877.] March 2, 1877. 19 Stat. L., 269. Antietam ceme CHAPTER 83. AN ACT FOR THE RELIEF OF THE BOARD OF TRUSTEES OF THE ANTIETAM NATIONAL Antietam cemetery to be under care of Secretary of War. Be it enacted, &c. * It shall be the duty of the Secretary of War to hereafter provide for tery to be under the preservation and superintendence of the said cemetery as one of the national cemeteries of the United States under the laws now in force R. S., § 4870- in regard to such national cemeteries. [March 2, 1877.] care of Secretary of War. 4882. CHAPTER 100. AN ACT TO REPEAL THE STATUTE FORBIDDING APPOINTMENTS AND PROMOTIONS IN Repeal of law to suspend promotion, &c., in staff corps of Army. Repeal of law to Be it enacted, &c., That section eleven hundred and ninety-four of the suspend promo- Revised Statutes, now applying only to grades in the Pay Department tion, &c., in staff of the Army above the rank of major, is hereby repealed. [March 3, corps of Army. R. S., § 1194. 1877.] CHAPTER 101. March 3, 1877. 19 Stat. L., 291. Wagon transpor AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES Wagon transportation may be performed by Indian Be it enacted, &c. [SECTION 1.] Contracts of more than $2,000 to be advertised for. Whenever practicable wagon transportation may be performed by tation may be per- Indian labor; and whenever it is so performed the Commissioner of formed by Indian Indian Affairs is hereby authorized to hire a storehouse at any railroad labor, and store- whenever necessary, and to employ a storekeeper therefor, and to furhouses hired by nish in advance the Indians who will do the transportation with wagons Commissioner. and harness, all the expenses incurred under this provision, to be paid Contracts of out of this appropriation: Provided, That hereafter contracts involving an expenditure of more more than $2,000 than two thousand dollars shall be advertised and let to the lowest reto be advertised sponsible bidder. CHAPTER 102. AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL SECTION 1. Par. 1. Records of regimental, &c., courts martial; where to be filed, and when may be destroyed. Be it enacted, &c. [SECTION 1.] SECTION 1. Par. 2. Public lands in States where no land offi. March 3, 1877. 19 Stat. L., 310, 315. Records of regi [Par. 1.] That hereafter the records of the regimental, garrison, and field officers and courts-martial shall after having been acted upon, be mental, &c.; retained and filed in the Judge Advocate's office at the Headquarters where to be filed, courts-martial, of the Department Commander in whose department the courts were and when may be held for two years, at the end of which time they may be destroyed. destroyed. R. S., § 1342, art. 113, 2d ed., p. 240. Public lands in States where no [Par. 2.] (1) That public lands situated in States in which there are no land offices may be entered at the General Land Office, subject to the land-offices; entry provisions of law touching the entry of public lands; and that the where and how necessary proofs and affidavits required in such cases may be made be- made. fore some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record; Money received And moneys received by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury. (1) for cash entries to [March 3, 1877.] * NOTE.-(1) This provision is repeated in act of 1878, ch. 329, § 2 (20 Stat. L., 201). be covered into Treasury. SEC. 2. That from and after the passage of this act the bonds of all postmasters may by the direction of the Postmaster General be approved and accepted, and the approval and acceptance signed by the First Assistant Postmaster General in the name of the Postmaster General; March 3, 1877. 19 Stat. L., 335. First Assistant Postmaster-General may approve postmasters' bonds. R. S., § 3834. tracts for station ery, &c. And all contracts for stationery, wrapping paper, letter-balances, may sign conscales, and street letter-boxes, for the use of the postal service may be signed in like manner by the First Assistant Postmaster General in the place and stead of the Postmaster General, and his signature shall be attested by the seal of the Post-Office Department. SEC. 3. That the Second Assistant Postmaster General on the order of the Postmaster General may sign with his name, in the place and stead of the Postmaster General, and attest his signature by the seal of the Post-Office Department, all contracts made in the said Department for mail transportation and for supplies of mail-bags, mail-catchers, mail-locks, and keys and all other articles necessary and incidental to mail-transportation R. S., § 396. Second Assistant may sign contracts for mail transpor- |