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Secretary of War to issue arms", be amended as follows, by inserting without limit of in the fifth line, after the word "States" and before the word " "each," the words "and Territories", and by striking out after the word "each" in said fifth line, and before the word "provided" in the sixth line, the 3, No. 13, p. 253. words "and not more than five hundred to each of said Territories": Provided, That the quota to the States now authorized by law shall not hereby be diminished. [May 16, 1878.]
AN ACT TO REGULATE THE ADVERTISING OF MAIL LETTINGS, AND FOR OTHER PUR-
May 17, 1878.
20 Stat. L., 61.
Mail-lettings; how to be adver
1876, Aug. 11, ch.
[SECTION 1], That before making any contract for inland mail transportation, other than by railroads and steamboats, except for temporary tised. service, as provided for in an act approved August eleventh, eighteen R. S., § 3826hundred and seventy-six, amendatory of sub-sections two hundred and 3828, 3941. forty-six and two hundred and fifty-one of section twelve of an act ap- 1876, July 12, ch. proved June twenty-third, eighteen hundred and seventy-four, the Post- 179,91. master-General shall cause to be published, in not exceeding ten news- 260. papers published in the State or Territory in which such service is to be let, one of which shall be published at the seat of government of such State or Territory, once a week, for six consecutive weeks, preceding the time of letting, a notice in displayed type, not to exceed six inches of space in one column of a newspaper of the following purport:
NOTICE TO CONTRACTORS.
POST OFFICE DEPARTMENT, Washington, D. C. —————————, — 18-. Proposals will be received at the Contract Office of this Department until —, A. M. of18-, for carrying the mails of the United States, upon the routes, and according to the schedule of arrival and departure specified by the Department, in the State (or Territory) of 18-, to 18-. Lists of routes, with schedules of arrivals and departures, instructions to bidders, with forms for contracts and bonds and all other necessary information will be furnished upon application to the Second Assistant Postmaster-General.
and no other advertisement of miscellaneous lettings shall be required: Provided, That said contracts for mail letting shall not take place in less than sixty days after the first publication.
SEC. 2. Hereafter no sub-letting or transfer of any mail contracts shall be permitted without the consent in writing of the Postmaster-General; And whenever it shall come to the knowledge of the Postmaster-General that any contractor has sub let or transferred his contract, except with the consent of the Postmaster General as aforesaid, the same shall be considered as violated and the service may be again advertised as herein provided for; and the contractor and his securities shall be liable on their bond to the United States for any damage resulting to the United States in the premises.
Form of notice.
Contract not to take place until sixty days after first publication. Sub-letting without consent of
Postmaster-General prohibited under penalty.
R. S., § 3963. 7 Oregon, 263. 16 Opin. Att'yGen., 61,
In case of lawful SEC. 3. Hereafter, when any person or persons being under contract sub-lettings, &c., with the Government of the United States for carrying the mails, shall copy of contract to be filed and notice lawfully sub-let any such contract, or lawfully employ any other person given to Sixth Au- or persons to perform the service by such contractor agreed to be performed, or any part thereof, he or they shall file in the office of the Second Assistant Postmaster-General a copy of his or their contract;
R. S., § 3963.
16 Opin. Att'yGen., 61, 280.
-notice what to contain.
to be paid on certificate of Second
-unless they have been paid by contractors.
And thereupon it shall be the duty of the Second Assistant Postmaster-General to notify the Auditor of the Treasury for the Post Office Department of the fact of the filing in his office of such contract.
Said notice shall embrace the name or names of the original contractor or contractors, the number of the route or routes, the name or names of the sub-contractor or sub-contractors, and the amount agreed to be paid to the sub-contractor or sub-contractors.
And upon the receipt of said notice by the Auditor of the Treasury for the Post Office Department, it shall be his duty to retain, out of the amount due the original contractor or contractors, the amount stated in said notice as agreed to be paid to the sub-contractor or sub-contractors, and shall pay said amount, upon the certificate of the Second Assistant Postmaster General, to the sub contractor or sub-contractors, under the same rules and regulations now governing the payments made to original contractors:
Provided, That upon satisfactory evidence that the original contractor or contractors have paid off and discharged the amount due under his or their contract to the sub-contractor or sub-contractors, it shall be the duty of the Second Assistant Postmaster General to certify such fact to the Auditor of the Treasury for the Post Office Department;
And thereupon said Auditor shall settle with the original contractor or contractors, under the same rules as are now provided by law for such settlements.
SEC. 4. Hereafter all advertisements, notices, proposals for contracts, vertisements; at and all other forms of advertising required by law for the Post Office what rate to be paid for. Department may be paid for at a price not to exceed the commercial R. S., §§ 3826- rates charged to private individuals with the usual discounts, such rates to be ascertained from sworn statements to be furnished to the 1875, ch. 128, § 1, Postmaster-General by the proprietors of the newspapers proposing to 1881, Jan. 21, ch. so advertise:
Provided, That all advertising in newspapers since the tenth day of April, eighteen hundred and seventy-seven, shall be audited and paid at like rates.
But the Postmaster-General may secure lower terms at special rates, whenever the public interest requires it.
SEC. 5. When from any cause it may become necessary to make a new carrying mails on contract for carrying the mails upon any water route between ports of water-routes be- the United States, upon which mail service has previously been perStates ports; how formed, the Postmaster-General may contract with the owner or master of any steamship, steamboat or other vessel plying upon the waters or between ports of the United States, for carrying the mail upon said route for any length of time not exceeding four years and without advertising for proposals therefor whenever the public interest and convenience will thereby be promoted;
- when may be made without ad
-between United States and foreign ports not to be for
But the price paid for such service shall in no case be greater than the average price paid under the last preceding or then existing regular contract upon the same route.
And the Postmaster-General may contract with the owners or masters of steamships steamboats or other vessels plying upon the waters or between ports of the United States for carrying the mails upon such routes where no mail service has previously been performed, without advertising for proposals therefor; but no contract for such new service shall be for a longer time than one year.
No contract for carrying the mails between the United States and any more than two foreign port shall be for a longer time than two years, unless otherwise
directed by Congress.
So much of sections thirty-nine hundred and forty-three, thirty-nine hundred and fifty-six, and thirty-nine hundred and seventy of the Revised Statutes as is in conflict with the preceding sections is hereby repealed. SEC. 6. All laws or parts of laws inconsistent with this act are hereby repealed. [May 17, 1878.]
Sections of Revised Statutes modified.
R. S., § 3943, §§ 3956, 3970. Repeal.
AN ACT EXTENDING THE PRIVILEGES OF SECTIONS TWENTY-NINE HUNDRED AND
Imports for transportation in bond may be entered at or transported to Bath, Me.
NOTE. (1) The sections of Revised Statutes here referred to are repealed, and this act superseded by act of 1880, June 10, ch. 190, where, in § 7, Bath is included among the places for which similar provisions are made.
May 25, 1878.
20 Stat. L., 63.
Imports for transportation in bond may be entered at or transported to Bath, Me. R. S., § 2990
See 1880, June 10, ch. 190, §§ 7,8.
AN ACT FOR THE RELIEF OF SETTLERS ON THE PUBLIC LANDS UNDER THE PRE-
May 27, 1878. 20 Stat. L., 65, 86.
Settlers on pub
entries from pre
Be it enacted, &c., That any person who has made a settlement on the public lands under the pre-emption laws, and has subsequent to such set- lic lands changing tlement changed his filing in pursuance of law to that for a homestead emption to homeentry upon the same tract of land, shall be entitled to have the time re- stead. quired to perfect his title under the homestead laws computed from the when may perdate of his original settlement heretofore made, or hereafter to be made, fect title. under the pre-emption laws, subject to all the provisions of the law relating to homesteads. [May 27, 1878.]
R. S., §§ 22592291.
1877, March 3,
1878, June 14, ch. 189.
AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES OF
Par. 1. Union agency in Indian Territory abol- Par. 2. Indians employed not deemed employés of
May 27, 1878.
20 Stat. L., 65, 86.
Union agency in
[Par. 1.] The Union agency in the Indian Territory is hereby abolished, and the duties heretofore devolving upon said agency are transferred to Indian Territory the office of the Commissioner of Indian Affairs.(1)
NOTE.-(1) The Union agency in the Indian Territory, here referred to, was established under that provision of the act making appropriations for the current expenses, &c., of the Indian Department for the year ending June 30, 1875, whereby the sum of $1,500 was appropriated for that year for one agent "for the Cherokees, Creeks, Choctaws, and Chickasaws and Seminoles" (ch. 389, 18 Stat. L., 147). The Revised Statutes provide, in § 2052, for forty-two (42) Indian agents, but that provision seems never to have been regarded since the passage of those statutes. Indian agents now hold their office and are paid, in point of fact, according to the provisions of annual appropriation acts, and these vary each year. Thus there have been appropriated for one year in each case by the act of 1874, ch. 389 (18 Stat. L, 146), for 69 agents; by the act of 1875, ch. 132 (18 Stat. L., 421), 70 agents; by the act of 1876, ch. 209 (19 Stat. L., 176), 68 agents; by the act of 1877, ch. 101 (19 Stat. L., 271), 69 agents; by the act of 1878, ch. 142 (20 Stat. L., 64), 74 agents; by the act of 1879, ch. 87 (20 Stat. L., 295), 71 agents; by the act of 1880, ch. 85 (21 Stat. L., 114), 68 agents. But these acts make no express change in the permanent provisions of Revised Statutes, § 2052, and, being temporary, are not included in this edition.
Indians em- [Par. 2.] Indians employed at agencies in any capacity shall not be ployed not deemed construed as part of agency employees named in section five of the act employés of agen- making appropriations for the Indian service for the fiscal year eighteen 1875, March 3, hundred and seventy-six, approved March third, eighteen hundred and ch. 132, § 5. seventy-five.
1879, Feb. 17, ch.
May 28, 1878.
20 Stat. L., 87.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO RE-
Commissioners of District of Columbia may refund certain improvement assessments, correct errors, &c. Be it enacted, &c., That the Commissioners of the District of Columof District Columbia be, and they are hereby, authorized and empowered to refund to bia may refund certain improve any persons who have heretofore been erroneously assessed for special ment assessments, improvement taxes on property not belonging to them, such moneys as correct errors, &c. they shall be found to have paid as taxes upon such erroneous assessment; and the said Commissioners are empowered to correct any assessment so found to have been made, and collect the tax from the rightful owners of the property. [May 28, 1878.]
May 31, 1878.
20 Stat. L., 87.
AN ACT TO FORBID THE FURTHER RETIREMENT OF UNITED STATES LEGAL-TENDER
Reduction of amount of issue of United States legal-tender notes prohibited.
Be it enacted, &c., That from and after the passage of this act it shall amount of issue of not be lawful for the Secretary of the Treasury or other officer under him United States to cancel or retire any more of the United States legal-tender notes. legal-tender notes prohibited. And when any of said notes may be redeemed or be received into the R. S., § 3582. Treasury under any law from any source whatever and shall belong to 1874, June 20, ch. the United States, they shall not be retired cancelled or destroyed but 343, § 6. 1875, Jan. 14, ch. they shall be re-issued and paid out again and kept in circulation:
15, § 3.
Provided, That nothing herein shall prohibit the cancellation and destruction of mutilated notes and the issue of other notes of like denomination in their stead, as now provided by law.
All acts and parts of acts in conflict herewith are hereby repealed. [May 31, 1878.]
June 1, 1878. 20 Stat. L., 88.
AN ACT FOR THE RELIEF OF CERTAIN SETTLERS ON THE PUBLIC LANDS.
Homestead settlers whose crops were injured by grasshoppers in 1876 may make entry though they had been absent.
Be it enacted, &c., That it shall be lawful for homestead settlers on the tlers whose crops public lands whose crops were destroyed or seriously injured by grasswere injured by hoppers in the year eighteen hundred and seventy-six, who left their grasshoppers in 1876 may make en- land in said year, if no other settlement shall have been made thereon
by, or right or interest therein accrued to, any other person, to return try though they to said land at any time within three months from and after the passage of this act;
And upon the return of such settlers to such land, such absence therefrom shall in no wise affect the original settlements or homestead rights, but such settlers shall be allowed to resume and perfect their settlement, as if no such absence had occurred:
Provided, That proof of such destruction or injury of crops, absence and return of such settlers, shall be made in such manner as the Commissioner of the General Land Office may prescribe [June 1, 1878.]
had been absent. 1879, July 1, ch.
AN ACT AUTHORIZING THE CITIZENS OF COLORADO, NEVADA AND THE TERRITORIES
1. Timber, &c., may be cut from mineral lands by bona-fide residents thereof, for building, agricultural, mining, and domestic purposes.
Be it enacted, &c.
2. Registers and receivers to ascertain and notify
3. Penalty for violation of act.
June 3, 1878.
20 Stat. L., 88.
Timber, &c., may be cut from
mineral lands for ural, mining, and building, agricultdomestic purposes. R. S., §
[SECTION 1], That all citizens of the United States and other persons, bona fide residents of the State of Colorado, or Nevada, or either of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, authorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, 76, par. 2. except for mineral entry, in either of said States, Territories, or districts 1878, June 3, ch. of which such citizens or persons may be at the time bona-fide residents, 151, §§ 4, 5. subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other purposes:
Provided, the provisions of this act shall not extend to railroad corporations.
ceivers to ascer
SEC. 2. That it shall be the duty of the register and the receiver of Registers and reany local land-office in whose district any mineral land may be situated tain and notify to ascertain from time to time whether any timber is being cut or used Commissioner upon any such lands, except for the purposes authorized by this act, when timber is cut within their respective land districts; and, if so, they shall immediately for unauthorized notify the Commissioner of the General Land Office of that fact;
And all necessary expenses incurred in making such proper examinations shall be paid and allowed such register and receiver in making up their next quarterly accounts.
SEC. 3. Any person or persons who shall violate the provisions of, Penalty for viothis act, or any rules and regulations in pursuance thereof made by the lation of act. Secretary of the Interior, shall be deemed guilty of a misdemeanor, and,
upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months. [June 3, 1878.]