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Third Assistant SEC. 4. That the Third Assistant Postmaster General, when directed may sign contracts

by the Postmaster General, may also sign, in his name, in the place and for postagestamps, &c.

stead of the Postmaster General, and attest his signature by the seal of R. S., Ø Ø 389,3914. the Post Office Department, all contracts for supplies of postage-stamps,

stamped envelopes, newspaper-wrappers, postal-cards, registered-pack age envelopes, locks, seals, and official envelopes for the use of postmasters, and return of dead letters, that may be required for the postal

service. Letters, pack- SEC. 5. That it shall be lawful to transmit through the mail, free of ages, &c., on govo postage, any letters, packages, or other matters relating exclusively to

business may be sent by

the business of the Government of the United States: mail free, &c. Provided, That every such letter or package to entitle it to pass free

R. S., D$ 3896– shall bear over the words “Official business” an endorsement showing 3913,

also the name of the Department, and, if from a bureau or office, the 1815 March 3, names of the Department and bureau or office, as the case may be, whence ch. 128, $ 3.

1879, March 3, transmitted. ch. 180, 29. 15 Opin. Atty-Gen., 262. 16 Opin. Atty-Gen., 455.

Penalty for using And if any person shall make use of any such official envelope to official envelopes avoid the payment of postage on his private letter, package, or other for privato busi.

matter in the mail, the person so offending shall be deemed guilty of a misdemeanor, and subject to a fine of three hundred dollars, to be prose

cuted in any court of competent jurisdiction. Official en vel. SEC. 6. That for the purpose of carrying this act into effect, it shall opes to be pro- be the duty of each of the Executive Departments of the United States vided.

to provide for itself and its subordinate offices the necessary envelopes: R.S., $ 3915. 1879, March 3, and in addition to the endorsement designating the Department in which ch. 180, ở 29. they are to be used, the penalty for the unlawful use of these envelopes

15 Opin. Att'y- shall be stated thereon. Gen., 262.

16 Opin. Att'yGen., 455.

Members of Con- SEC. 7. That Senators, Representatives, and Delegates in Congress, gress, Secretary of the Secretary of the Senate, and Clerk of the House of Representatives, Senate, and clerk of House may send may send and receive through the mail, all public documents printed by by mail public doc- order of Congress: and the name of each Senator, Representative, Deleuments free. gate, Secretary of the Senate, and Clerk of the House shall be written

R; S., $$ 3896, thereon, with the proper designation of the office ho holds: and the 3913.

1874, June 23, ch. provisions of this section shall apply to each of the persons named 456, 0 13.

therein until the first day of December following the expiration of their 1875, March 3, respective terms of office. ch. 128, 3. 1877, Dec. 15, ch. [March 3, 1877.]

, . 3.

1879, March 3, ch. 180, § 1, par. 4.

16 Opin. Att’yGen., 271.

CHAPTER 105.

March 3, 1877. AN ACT MAKING APPROPRIATIONS FOR SUNDRY CIVIL EXPENSES OF THE GOVERN

MENT FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND 19 Stat. L.,:344.

SEVENTY EIGHT, AND FOR OTHER PURPOSES.
PARAGRAPH

PARAGRAPH
1. Cost of printing records in Supreme Court 3. Achitect of Capitol to have direction of ven.

and Court of Claims to be paid by parties, &c. tilation and heating House. 2. District of Columbia to pay half expenses of

indigent insane committed to hospital.

Be it enacted, &c. Cost of printing

(Par. 1.) There shall be taxed against the losing party in each and records in Supreme every cause pending in the Supreme Court of the United States or in Court and Court of the Court of Claims of the United States, the cost of printing the record Claims to be paid by parties, &c. in such case, which shall be collected, except when the judgment is

R. S., '10 677, against the United States, by the clerks of said courts respectively, and 1053.

paid into the Treasury of the United States; but this shall only apply 96 U. S.,594.

to records printed after the first of October next.

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[Par. 2.] One half of the expense of the indigent persons who may be District Colum. hereafter admitted {to the government hospital

for the insanc] from the bia to pay half ex. District of

Columbia shall be paid from the treasury of said District pense of indigent Provided, That hereafter such indigent persons shall be admitted only to hospital. upon order of the executive authority of the said District.

R. S., Ø Ø 4838– 4858.

1879, ch. 182. [Par. 3.] Hereafter the subject of ventilation and heating the House Architect of Capof Representatives be placed under the direction of the Architect of the itol to have direc

tion of ventilation Capitol.

and

heating

House. [March 3, 1877.]

R. S., N 1816.

1878, June 19, ch. 329, par. 2.

CHAPTER 106.

AN ACT MAKING APPROPRIATIONS TO SUPPLY DEFICIENCIES IN THE APPROPRIATIONS

FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND SEV-
ENTY-SEVEN, AND PRIOR YEARS, AND FOR OTHER PURPOSES.

March 3, 1877. 19 Stat. L., 370.

Contracts for rent of buildings in District of Columbia not to be made without previous appropriation, &c.

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Hereafter no contract shall be made for the rent of any building, or Contracts for part of any building, to be used for the purposes of the Government in rent of buildings the District of Columbia, until an appropriation therefor shall have been bia not to be made made in terms by Congress, and that this clause be regarded as notice without previons to all contractors or lessors of any such building or any part of building. appropriation, &c.

R. S., Ø Ø 3679,

3732. [March 3, 1877.]

1874, June 22, ch. 388.

1880, June 15, ch. 225, par. 3.

15 Opin. Att'yCHAPTER 107.

Gen., 274.

AN ACT TO PROVIDE FOR THE SALE OF DESERT LANDS IN CERTAIN STATES AND TEK

RITORIES

March 3, 1877. 19 Stat. L., 377.

SECTION
1. Citizens may reclaim and purchase any desert

lands.
- right to use water therefor.
Contents of declaration.
Patent; when to issue.

SECTION

Limit to quantity of land purchasable.
2. Desert lands defined.
3. Act to apply only in certain States, and Com-

missioner to determine what are desert
lands.

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 claim and pura citizen, and who has filed his declaration to become such" and upon

chase any desert

lands. payment of twenty five cents per acre—to file a declaration under oath

R. S., Os 2353with the register and the receiver of the land district in which any desert 2379. land is situated, that he intends to reclaim a tract of desert land not 1875, March 3, exceeding one section, by conducting water upon the same, within the ch. 160. period of three years thereafter,

Provided howerer that the right to the use of water by the person so — right to use waconducting the same, on or to any tract of desert land of six hundred ter therefor. and forty acres shall 'depend upon bona fide prior appropriation: and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation and use, together with the water of all, lakes, rivers and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manufacturing purposes subject to existing rights.

Contents of dec- Said declaration shall describe particularly said section of land if surlaration.

veyed, and, if unsurveyed, shall describe the same as nearly as possible

without a survey. Patent; when to At any time within the period of three years after filing said declaraissue.

tion, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of •land not exceeding six hundred and forty acres to any one

person, a patent for the same shall be issued to him. Limit to quanti- Provided, that no person shall be permitted to enter more than one ty of land purchas- tract of land and not to exceed six hundred and forty acres which shall able,

be in compact form. Desert lands de- SEC. 2. That all lands exclusive of timber lands and mineral lands fined.

which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of

land may be situatedAct to apply only SEC. 3. That this act shall only apply to and take effect in the States in certain States, of California, Oregon and Nevada, and the Territories of Washington, &c., and Commis. Idaho, Montana, Utah, Wyoming Arizona, New Mexico and Dakota, what are desert and the determination of what may be considered desert land shall be lands.

subject to the decision and regulation of the Commissioner of the General Land Office. March 3, 1877.]

CHAPTER 108.

AN ACT IN RELATION TO THE HOT SPRINGS RESERVATION IN THE STATE OF ARKANSAS.

March 3, 1877. 19 Stat, L., 377.

SECTION

1. Hot Springs, Ark., receivership abolished.
2. Commissioners to lay out reservation.
3. manner of laying out.
4. Land including certain springs to be reserved

and put in charge of superintendent.
Tax on water taken from springs.
5. Duty of commissioners.

Claims to be filed within six months.
6. Commissioners may compel attendance of

witnesses.
7. may remove obstructions.
8. may straighten or widen streets.
9. - report of.

to issue certificates to claimants.
10. Lands may be entered and patented.

Publio notice.

SECTION
11. Occupants may enter and pay for lands.
12. On failure of occupant to purchase, property

to be sold.
13. Improvements.
14. Disposition of proceeds of sale.

- of water-rents.
15. Marshal to execute processes.
16. Torm of office of commissioners, &c.
17. Hot Springs Railroad Company to have right

- route of.
18. -- width of grant to.

- may purchase lands for shops, &c.

Congress may alter this section. 19. Land for public buildings granted to Garland

County.

of way.

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Hot Springs, Be it enacted, &c. Ark.; receiversbip

[SECTION 1], That so much of section five of an act of June eleventh, abolished.

1870, ch. 126 (16 eighteen hundred and seventy, in relation to the Hot Springs reservaStat. L., 149). tion of Arkansas, as provides for the appointment of a receiver by the

10 ct. Cls. 289. court, be, and the same is hereby, repealed: 92 U.S., 698.

Provided, That nothing in this section shall be construed to affect the

right of the United States to collect and receive rents already due. Commissioners SEC. 2. That it shall be the duty of the President of the United States to lay out reserva

upon the passage of this act, to appoint three discreet, competent, and tion.

1878, Dec. 16, ch. disinterested persons, who shall constitute a board of commissioners, 5.

any two of whom shall constitute a quorum, who are hereby authorized 1880, June 16, ch. to perform and discharge the duties specified by this act, and for that 246.

purpose shall meet at Hot Springs, in the State of Arkansas, within thirty days after their appointment, and shall, before entering upon the discharge of their duties, subscribe to the usual oath for civil officers, and shall, at their first meeting, organize by the election of one of their number as chairman of the board, having given ten days' notice of the time and place of meeting in some daily paper published at Hot Springs, which notice shall be continued during the entire session of said board

5.

of commissioners, and all the evidence herein provided to be taken by said board shall be taken at Hot Springs.

SEC. 3. That it shall be the duty of said commissioners, after exam- Manner of lay ination of the topography of the reservation, to lay out into convenient ing out. squares, blocks, lots, avenues, streets, and alleys, the lines of which shall correspond with the existing boundary lines of occupants of said reservation as near as may be consistent with the interests of the United States, the following-described lands, to wit:

The south half of section twenty eight, the south half of section twenty-nine, all of sections thirty-two and thirty three, in township two south and range nineteen west; and the north half of section four, the north half of section five, in township three south and range nineteen west, situate in the county of Garland, and State of Arkansas, and known as the Hot Springs reservation. SEC. 4. That before making any subdivision of said lands, as described

Land including in the preceding section, it shall be the duty of said board of commis certain springs to sioners, under the direction and subject to the approval of the Secretary put in charge of a of the Interior, to designate a tract of land included in one boundary, superintendent. sufficient in extent to include, and which shall include all the hot or 1878, Dec. 16, ch. warm springs situate on the lands aforesaid, to embrace, as near as ma be, what is known as Hot Springs Mountain, and the same is hereby reserved from sale, and shall remain under the charge of a superintendent, to be appointed by the Secretary of the Interior:

Provided, however, That nothing in this section shall prevent the Sec- Tax on water retary of the Interior from fixing a special tax on water taken from said taken from springs. springs, sufficient to pay for the protection and necessary improvement 359, par. 15.

. of the same.

1878, Dec. 16, ch.

5. SEC. 5. That it shall be the duty of said commissioners to show by Duty of commismetes and bounds on the map herein provided for, the parcels or tracts

sioners. of lands claimed by reason of improvements made thereon or occupied by each and every such claimant and occupant on said reservation; to hear any and all proof offered by such claimants and occupants and the United States in respect to said lands and in respect to the improvements thereon; and to finally determine the right of each claimant or occupant to purchase the same, or any portion thereof, at the appraised value, which shall be fixed by said commissioners:

Provided, however, That such claimants and occupants shall file their Claims to be filed claims, under the provisions of this act, before said commissioners within within six months. six calendar months after the first sitting of the said board of commissioners, or their claims shall be forever barred;

And no claim shall be considered which has accrued since the twenty fourth day of April, eighteen hundred and seventy-six

SEC. 6. That the said commissioners shall have power to compel the Commission ors attendance of witnesses and the production of papers touching the oc- may compel at

. cupancy or improvements of or on said lands, or any other matter in any wise belonging or appertaining either to the said lands or the improvements thereon; shall have power to examine under oath all witnesses that may come before them, and all testimony shall be reduced to writing, and preserved as hereinafter provided. SEC. 7. That said commissioners shall have ower to remove, or cause

-may remove olsto be removed, all buildings or obstructions upon the said Hot Springs

structions. reservation when the same may be necessary to carry out the provisions of this act, as also all obstructions to streets, alleys or roads, to be laid off, straightened or widened as herein provided for. SEC. 8. That the commissioners shall have power to straighten or

may straighten widen

any of the present streets or alleys in the town of Hot Springs, or widen streets, and to lay off such additional streets, alleys, and roads in said Hot Springs reservation, or in the town, before the sale or disposition of any of the property herein mentioned, as the convenience of the public and the interest of the United States may require, and for that purpose may condemn all buildings that they may find necessary to condemn in order

nesses.

&c.

to straighten or widen said streets and alleys, or to lay off new streets, alleys, and roads, and also all buildings or improvement on the reser

vation herein made, and to fix the ralue on all property thus condemned. Commissioners SEC. 9. That it shall be the duty of said commissioners, without to make report. delay, to file in the office of the Secretary of the Interior, the map and

survey herein provided for, with the boundary.lines of each claim clearly marked thereon, and with each division and subdivision traced and numbered, accompanied by a schedule, showing the name of each claimant, and of each lot or parcel of land, the appraised value thereof, numbers to correspond with such claim upon the map; also all of the evidence taken by them respecting the claimants' possessory right of occupation to any portion of the Hot Springs reservation and their findings in each case; also their appraisal of each tract or parcel of land,

and the improvements thereon; - to issue certifi- And it shall be the duty of said commissioners to issue a certificate cates to claimants. to each claimant, setting forth the amount of land the holder is entitled

to purchase, and the valuation fixed thereon, and also showing the character and the valuation fixed upon the improvements of said tract or parcel of land, and to issue a certificate or certificates to all persons whose improvements are condemned, as herein provided, showing the

value of said improveinents. Lands may be

SEC. 10. That it shall be the duty of the Secretary of the Interior, entered and pat- within thirty days (1) after said commissioners file said report and map ented.

in his office, to instruct the United States land-officers of Little Rock 1880, Jan. 14, res. No. 4.

(Arkansas) land district to allow said lands to be entered as hereinafter

provided, and to cause a patent to issue therefor; Public notice. And it shall be the duty of the land officers authorized to sell said

lands to give twenty days public notice in the Little Rock and Hot Springs newspapers that said lands are subject to entry in accordance

with the provisions of this act. Occupants may

SEC. 11. That any claimant or occupant, his heirs or legal represententer and pay for atives, in whose favor said commissioners have adjudicated, shall, lands.

under such rules and regulations as the Secretary of the Interior may prescribe, have the sole right to enter and pay for, at the price fixed by said commissioners, the amount of land the coinmissioners had adjudged that they were entitled to purchase, at any time within twelve months

next after the land-officers give the public notice herein required. On failure of oc- SEC. 12. That upon the failure of any claimant or occupant iv whose cupant to purchase favor the commissioners have adjudged to pay the valuation fixed upon property to be sold. said land within the time and in the manner herein prescribed, then

1880, June 16, ch. said lands, together with all other lands that no one has an adjudicated 246.

right to purchase under this act, shall be sold, by direction of the Secretary of the Interior, to the highest bidder at public sale for not less than the appraised value thereof at the land office at Little Rock, after notice of such sale bas been advertised three months in some newspaper in the town of flot Springs and in such other papers as he may designate, said lands and improvements to be sold together;

And the proceeds arising from the sale thereof shall be paid to the

receiver of public moneys at the land-office in Little Rock, Arkansas. Occupants may SEC. 13. That any claimant or occupant who does not desire to purimprove- chase the lands adjudicated to him or her at the valuation fixed by said

commissioners shall have the right to remove any improvements made on said land, at his or her own cost, before the time fixed for the pay.

ment for said lands. Disposition of SEC. 14. That the money arising from the sale of the lands shall be proceeds of sale.

paid into the Treasury in the same manner as other moveys arising from the sale of public lands, and held for the purpose herein specified

and at the further disposal of Congress; - of water-rents.

And the money arising from water-rents shall be under the control of the Secretary of the Interior, and expended by him for the purposes hereinbefore stated, an account of which shall be annually rendered to Note.-(1) This time is extended sixty days from January 14, 1880, by resolution of that date, No. 4.

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